Mandatory Kannada education is violation of fundamental rights: Supreme Court

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May 6, 2014
Bangalore, May 6: In a landmark judgement, the Supreme Court on Tuesday ruled that the government cannot impose a particular language, including mother tongue, for teaching children at the primary education level. The apex court also struck down a Karnataka government order imposing Kannada language as the medium of instruction in all primary schools of the state.

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A five-judge Constitution Bench, headed by Chief Justice R M Lodha said that the state cannot impose a language on a child and such a compulsion could be violative of fundamental rights of the children and their parents. This highly emotive issue is likely to create more controversy across the state.

The Karnataka Government had filed an appeal against the division bench judgment of the Karnataka High Court in the Supreme Court.

An association of private schools had been fighting against the imposition of Kannada as a main language or medium of instruction in primary schools. Their advocate KV Dhananjaya argued that they were not questioning the greatness of Kannada or its primacy in the state. They maintained that the knowledge of English is very essential and the children should not be deprived of it. During the hearing, advocate Dhananjay, representing more than 1,800 private unaided English medium schools in Karnataka, told the Bench how language is not ingrained in the human brain and teaching in the mother tongue in primary classes cannot do much to improve career prospects.

"The Government wholly errs when it assumes that a parent's preference for English medium education is a rejection and devaluation of Kannada language. Kannada is a language of immeasurable greatness. A child could learn through English medium in his school and still be perfectly wedded to Kannada culture and hold it with the greatest respect and regard," Dhananjay said.

Citing the example of Nagaland where 90 per cent of the population is declared as Scheduled Tribes and English is the preferred medium of instruction, Dhananjay said, "Today, 51 per cent of all children in India in the primary education system are enrolled in Hindi medium. Then comes English medium, which has 11 per cent."

"If English cannot be protected by the courts because it did not originate in India, what about the religions of Islam and Christianity? These religions did not originate in India. Are not these two religions entitled to protection?" he questioned.

Countering his arguments, Karnataka Advocate General Ravi Varma Kumar stressed that the state had the Constitutional obligation to provide instructions to people in way of regulation.

Citing various provisions, Kumar told the Bench how important it was to protect minority rights and institutions. "Primary school language should be one's mother tongue and not English, for, English is an alien language," he said.

"The state has the power to regulate and the right to oppose restrictions is the right of the state," Kumar said, concluding his arguments.

According to 'Legal Junction' in 1982, Government of Karnataka issued an order thereby prescribing that Kannada shall be the sole first language from 1st standard of primary school itself. The order was challenged before the High Court, which held this as unconstitutional.

Thereafter, in 1989, State Government, vide an order, made "mother tongue' as the medium of instruction at the primary school level. Along with this, State Government made it obligatory for one to take "Kannada" as second language, if the same has not been chosen as the first language. The 1989 order was challenged before the Supreme Court in English Medium Students Parents Association vs. The State of Karnataka & Ors, which consequently upheld it.

Following this, in 1994, State Government came up with another order ("1994 Order") which, after revising the policy, made the 'medium of instruction' from 1st to 4th standard in all schools recognised by the State Government as either Kannada or mother tongue. Contending 1994 order as violative of Articles 14, 19(1)(a), 21, 29(2) and 30(1) of the Constitution of India ("Constitution"), writ petitions were filed before the High Court. By its order, full bench of the High Court quashed the disputed clause No. 2, 3, 6 and 8 of the 1994 Order with its application to schools other than the schools run or aided by the Government. It is against this order of the High Court that the State Government has preferred an appeal before the Supreme Court, i.e., the present case.

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May 7,2024

Mangaluru: Former MLC Ivan D’Souza on Monday led a delegation to the Passport Seva Kendra in Mangaluru, urging the authorities to provide basic facilities for applicants. D’Souza addressed the media, highlighting the lack of essential amenities at the Mangaluru PSK. “I have requested the authorities to provide basic facilities for people visiting the PSK.

There are no chairs for the convenience of people who arrive at the PSK. They are forced to sit or stand by the side of the road or on footpaths. Additionally, there is no parking facility, no washrooms, and water has not been provided for the public,” the Congress leader stated.

An average of 500 to 600 people from various parts of the state visit the PSK. They have to wait in the scorching heat of the sun, D’Souza mentioned, urging the govt to address these issues promptly. “Officials have agreed to find solutions to the problems faced by the people. Meanwhile, we have also demanded that the PSK be relocated to a more convenient space. We have suggested that the PSK could be moved to the old DC’s office, where there is sufficient space. If our demands are not met, we will hold a protest,” D’Souza explained.

Ashraf Kinara, vice-president of the Dakshina Kannada Waqf Advisory Committee, echoed the sentiment, stating that the authorities should either provide all basic facilities for passport applicants at the PSK or relocate the centre to a better location.

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May 10,2024

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A day after National Commission for Women said no woman from Hassan approached the national body to file complaints against Karnataka MP Prajwal Revanna, a new FIR accusing BJP leader Devaraje Gowda of abusing and assaulting a woman has come to light.

The FIR against Gowda was filed by a woman at the Holenarasipura town police station on April 1, after her husband had filed a complaint against the BJP leader on March 30. 

The purported victim's husband has alleged in his plaint that Gowda barged into their home, and threatened the couple while the BJP leader also abused the woman.

Gowda, notably, flagged Prajwal Revanna's case to the saffron party.

Reacting to the allegations levelled against him, the BJP politico posted a video on Facebook where he details how he met the woman and her husband in his office. He also claims that the allegations against him are a plot and false.

It must be noted here that a Special Investigation Team is currently probing the sexual assault cases against Prajwal Revanna who along with his driver Karthik is no longer in the country. A Blue Corner notice is also in place to apprehend the son of H D Revanna who himself is placed under judicial custody till May 14.

In a major twist to the entire case— the woman in the FIR alleged that Devaraje Gowda who apprised BJP of the sex videos involving Prajwal Revanna— has been harassing her for the past 10 months under the guise of helping her sell a property.

The woman also said that she came in contact with Gowda during the process involving the property that she wanted to sell. However, on the pretext of guiding her, the woman alleged that the whistleblower BJP leader physically assaulted and harassed her while Gowda also threatened the couple.

The woman has now sought police protection for herself and family. Further levelling allegations against Gowda in her plaint, she said that the politico had taken her to an isolated place where he assaulted her and threatened to kill the couple.

Former chief minister of Karnataka and Prajwal Revanna's uncle H D Kumaraswamy recently demanded a CBI probe in the Prajwal Revanna matter. However, Home Minister G Parameshwara turned down the demand for the investigation to be handed over to CBI.

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May 2,2024

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Hassan, May 2: JD(S) MLC Suraj Revanna on Thursday said that the scandal and charges of sexual abuse levelled against his brother and Hassan MP Prajwal Revanna was a "conspiracy to weaken their family politically".

He claimed that he has no information about the whereabouts of Prajwal Revanna, who has been served a notice by the Special Investigation Team over the alleged sex scandal involving him.

He termed the scandal and charges of sexual abuse against his brother and his father and MLA H D Revanna, a former Minister, as a conspiracy to weaken them politically, and expressed confidence about Prajwal's win in the Lok Sabha polls.

H D Revanna is the son of JD(S) patriarch and former PM H D Deve Gowda. Prajwal, grandson of Deve Gowda, was the BJP-JD(S) alliance's candidate from Hassan Lok Sabha segment, which went to the polls on April 26.

"The (sex scandal involving Prajwal Revanna) case has been handed over for investigation (to SIT), whatever has to be proved will get proved there. How can I react to it? I don't have information about Prajwal Revanna," Suraj Revanna told reporters here.

On an FIR being registered against his father H D Revanna too, he said, "Let them put a thousand more (FIRs), what has to be proved will ultimately get proved. People of our taluk and district know what Revanna is. I don't want to react."

"Anyone can do anything out of political malice. If you take Hassan politics, there is no competitor for Revanna. There is no one who has done politics like him. To weaken him, all these conspiracies are being hatched," he added.

Scores of explicit video clips allegedly involving Prajwal Revanna had started making the rounds in Hassan recently. The state government has constituted an SIT to probe the alleged sex scandal involving the MP.

The SIT on Tuesday issued notice to Prajwal Revanna and his father Revanna, who have been booked for alleged sexual harassment at the Holenarsipura police station in Hassan district on April 28, based on a complaint by a woman who worked in their house, directing them to appear for investigation.

Prajwal who reportedly left for Germany on April 27, the very next day of the polls, on Wednesday sought seven days' time to appear before the SIT.

Regarding reports of his meeting with Deputy Chief Minister D K Shivakumar, Suraj said they were mere speculations and that he had met the former in January, and after that no such meeting had taken place.

Asked whether JD(S) leaders and workers seem to be in some sort of confusion following the developments around the alleged sex scandal, the MLC said there is no confusion. "Even yesterday there were meetings held to take stock of the situation after the polls. Hundred percent Prajwal Revanna will win."

"Let anyone charge anything, let's wait and see what comes out of the SIT probe," he added.

Victims under pressure?

Meanwhile, victims in the videos of the alleged sex scandal involving the MP, are reportedly refusing to come before the SIT which is probing the case.

Some of the victims are said to have told the SIT officials that they don't want to talk to them about the case, while a few are not reachable, sources said.

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