The Karnataka Border Area Development Authority (KBADA) has demanded that linguistic minority areas in Kasaragod district (Kerala) be explicitly excluded from provisions of the Malayalam Bhasha Bill, 2025, which mandates Malayalam as the compulsory first language in schools.
- Earlier, The Karnataka government had formally urged the Kerala Governor to reject the Bill, alleging that it is unconstitutional and violates the linguistic rights of Kannada-speaking minorities, particularly in Kasaragod district of Kerala.
Key Provisions of the Malayalam Bhasha Bill
- Official Language Status: The Bill formally adopts Malayalam as the official language of Kerala for use in government, education, judiciary, public communication, commerce, and the digital domain, subject to constitutional provisions.
- Language Mandate in School: Malayalam will be the compulsory first language in all government and aided schools up to Class 10.
- Presently, the State recognises both English and Malayalam as official languages.
- Judiciary and Legislature:
- Judgments and court proceedings will be translated into Malayalam in a phased manner.
- Bills and Ordinances will be introduced in Malayalam.
- Important Central and State Acts, currently published in English, will be translated into Malayalam.
- Digital and IT Integration: The Information Technology Department will develop open-source software and tools to facilitate the use of Malayalam in the IT sector.
- Institutional Framework:
- Renaming of the Personnel and Administrative Reforms (Official Language) Department as the Malayalam Language Development Department.
- Creation of a Malayalam Language Development Directorate under the department.
| Article 345: The legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the Language or Languages to be used for all or any of the official purposes of that State. |
Contested Provisions of the Bill
- Compulsory First Language: Section 2(6) of the Bill mandates Malayalam as the compulsory first language in all government and aided schools up to Class 10 across Kerala.
- Article 350 and 350A: Karnataka argued that it is the constitutional duty of the State to provide facilities for instruction in the mother tongue at the primary stage for linguistic minorities.
- Violation of Minority Rights: The petition alleged violations of Articles 30, 347, 350, 350A and 350B, which collectively safeguard linguistic minority rights.
- Forcible Language Imposition: Karnataka stated that acceptance of the Bill would lead to coercive language learning, infringing constitutional protections.
- Impact on Minority Students: Kannada-speaking students in Kasaragod, who currently study Kannada as their first language, may be forced to learn Malayalam.
- Historical Precedent: A similar Bill (Malayalam Language (Dissemination and Enrichment) Bill, 2015, passed in 2017 was earlier rejected by the President, strengthening Karnataka’s argument.
- Under Article 200, the Governor may: Give assent or Withhold assent or Reserve the Bill for the consideration of the President.
Constitutional Provisions Related to Linguistic and Minority Rights
- Article 29 & 30: Safeguard the cultural and educational rights of minorities, including the right to establish and administer educational institutions.
- Article 347: Provides for the official recognition of a language spoken by a section of a State’s population.
- Article 350A: Mandates States to ensure primary education in the mother tongue for children belonging to linguistic minority groups.
- Article 350B: Provides for the appointment of a Special Officer for Linguistic Minorities to monitor and report on the implementation of constitutional safeguards.
- Note: The Special Officer for Linguistic Minorities is appointed by the President and submits reports to the President, who places them before Parliament.
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Core Demand of Karnataka Border Area Development Authority
- Explicit Exemption Sought: KBADA demanded that Kannada-speaking linguistic minority areas in Kasaragod be explicitly exempted from the compulsory Malayalam first-language requirement.
- Retention of Kannada: The Authority insisted that Kannada must be allowed to remain the first language in these minority-dominated areas.