State can’t impose mother tongue on pvt primary schools: SC
New Delhi: Expanding the right to freedom
of expression and speech, the Supreme Court on Tuesday ruled that no state can
impose the language considered to be the mother tongue there as the medium of
instruction in primary schools, and gave children of lingustic minorities the
liberty to choose their medium of instruction, reports Dhananjay Mahapatra.
However, it clarified that the state could impose its official language as the medium of instruction in government and government-aided and recognized primary schools. But private unaided schools and linguistic as well as religious minority educational institutions would remain outside the purview of ‘mother tongue’ as medium of instruction, it said. Parents or children to choose medium: SC
We hold that a child or, on his behalf, his parent or guardian, has a right to freedom of choice with regard to the medium of instruction in which he would like to be educated at the primary stage in school,” said a constitution bench comprising Chief Justice R M Lodha and Justice A K Patnaik, Justice S J Mukhopadhaya, Justice Dipak Misra and Justice F M I Kalifulla.
Upholding a Karnataka HC judgment striking down the state’s decision to impose Kannada as medium of instruction in primary schools from Classes I to IV, the bench said right to freedom of expression guaranteed under Article 19(1)(a) of the Constitution included the right of the child or, on his behalf, his parent or guardian to choose the medium of instruction at the stage of primary school.
Writing the judgment on behalf of the bench, Justice Patnaik said, “It is the parent or the guardian of the child who will decide what is the mother tongue of the child.” He said the Constitution-makers did not intend to empower the state to impose restrictions on a citizen’s fundamental right to freedom of expression.
However, it clarified that the state could impose its official language as the medium of instruction in government and government-aided and recognized primary schools. But private unaided schools and linguistic as well as religious minority educational institutions would remain outside the purview of ‘mother tongue’ as medium of instruction, it said. Parents or children to choose medium: SC
We hold that a child or, on his behalf, his parent or guardian, has a right to freedom of choice with regard to the medium of instruction in which he would like to be educated at the primary stage in school,” said a constitution bench comprising Chief Justice R M Lodha and Justice A K Patnaik, Justice S J Mukhopadhaya, Justice Dipak Misra and Justice F M I Kalifulla.
Upholding a Karnataka HC judgment striking down the state’s decision to impose Kannada as medium of instruction in primary schools from Classes I to IV, the bench said right to freedom of expression guaranteed under Article 19(1)(a) of the Constitution included the right of the child or, on his behalf, his parent or guardian to choose the medium of instruction at the stage of primary school.
Writing the judgment on behalf of the bench, Justice Patnaik said, “It is the parent or the guardian of the child who will decide what is the mother tongue of the child.” He said the Constitution-makers did not intend to empower the state to impose restrictions on a citizen’s fundamental right to freedom of expression.
