No Compulsion Of Any Language In National Education Policy 2020: Centre Tells Karnataka High Court

In an affidavit filed by Dinesh T Pali, under secretary in the Department of Higher Education, the Ministry of Education has said the National Education Policy is classified in 4 parts. As per NEP 2020, higher education institutions may offer medium of instruction or programmes in local/indian languages.

It refers to Para 9.3 under Part II of NEP 2020, which envisions a complete overhaul and re-energizing of the higher education system to deliver high quality education. Para 9.3 (a) provides for moving towards a higher education system consisting of large, multi-disciplinary universities and colleges with at least one in or near every district and with more higher education institutions across India that offer medium of instruction or programmes in the local/Indian languages.

The affidavit says Para 10.8 of NEP 2020 states more higher education institutions shall be established and developed in underserved regions to ensure full access, equity inclusion and steps shall be taken towards developing high quality higher education institutions that have medium of instruction in local/indian languages or bilingually.

Reference is made to Chapter 22 of NEP titled 'Promotion of Indian Languages, Arts and Culture" is totally devoted to promotion of Indian Language and regional languages through various measures. Para 22.10 states higher education institutions will use mother tongue/local language as medium of instruction or or offer bilingually.

Accordingly the affidavit states, 

"There is no mention of any compulsion of language in National Education Policy (NEP) 2020 and the provisions of the NEP are clear. Therefore there is no need for rearticulation of provisions. It is reiterated that Chapter 4 of Part 1 and Chapter 9 of Part 11, Chapter 22 of Part III are in the form of broad policy of the Union of India."

It adds, "The NEP 2020 is designed to achieve a comprehensive educational system for providing easy access to citizens keeping in mind the aspirations of local, regional and national levels."

The affidavit was filed in response to petitions, one filed by students and the other by Samskrita Bharati Karnataka Trust, challenging the Karnataka Government's decision making Kannada language a compulsory subject in degree courses in the State. The Court had directed the Union Government to clear its stand on the issue, following which the affidavit came to be filed.

By its order dated December 16, 2021, the High Court has directed the state government to not compel students who do not wish to take Kannada language as a compulsory subject while pursuing degree courses, till further orders.

A division bench led by Chief Justice Ritu Raj Awashti had said, "We have considered the submissions. We are of the prima facie view that matter with respect to Kannada Language being made compulsory language in higher studies on the basis of National Education Policy, is a question which requires consideration. State government at this stage shall not insist on making language compulsory. Those students who have taken the Kannada language on the basis of their choice may do so, all such students who do not wish to take the Kannada language shall not be compelled to pursue the Kannada language, till further orders."

The plea challenges two GOs dated August 7, 2021 and September 15, 2021 as arbitrary and contrary to the freedom of speech and expression guaranteed under the Constitution. It states that the impugned GOs take away the freedom to choose a language for study and makes it mandatory for all students in Karnataka to take up Kannada as a language in degree courses offered in all streams of science, commerce and arts. Thus, there is a restriction on freedom of speech and expression enshrined under the Constitution.

Case Title: Samskrita Bharati Karnataka Trust v. Union Of India

Case No: WP 18156/2021