The Legal Fortress around Hindi Imposition

Hindi and English are the lone official languages of the government of Republic India. This means ever since India became a sovereign democratic republic, promising to protect the interests of all its citizens, millions of people of non-Hindi background have been rendered as second grade citizens since their government does not deal in their language(s). This is Hindi Imposition in India summarized in a few lines.

With this kind of bias Government of India (GoI) has shown and even institutionalized towards Hindi language and (thereby) people who speak Hindi, and with the protection this institution has provided to Hindi speakers, it appears that Hindi speaking people are double insulated from adverse forces - being governed by a State government and pampered by the GoI both of which designed to favor Hindi people's rights - while non-Hindi people are left bare and helpless out there, exposed to adverse forces. In various circumstances, this is not a metaphor, but very close to reality indeed.

On the other hand, owing to the lack of protection by this institution, people living in non-Hindi States experience insecurity in their own country, with employment, food provision, primary health and even identity services catered to by the GoI being carried on a channel that only speaks Hindi apart from English. These services are freely assimilated by Hindi speaking people whereas they are indigestible to non-Hindi people of India. Be it in terms of getting their fundamental rights protected or even as far until protecting one's own lineage and having a non-decading population over time, lives of non-Hindi peoples of India are subject to substantial stress thanks to policies framed on unfair interpretations of our constitution, such as seen in The Official Language Act 1963.

Simple, yet tough, majority:
Interestingly, Article 368 of Constitution of India (CoI) rests the power to amend the statute in the hands of the parliament alone, whereas some specific parts of the constitution, including the lists in Schedule 7 and Article 368, cannot be amended without approval from a simple majority of State Legislatures. In the wake of an increased number of States being carved out, passing valid amendments to such sections of the CoI becomes a touch exercise to orchestrate - perhaps an outcome favorable to the central government that would like to retain more power with itself. As though in support of such intentions, Article 3 of the same constitution empowers the central govt to do just that - impede the process of State level opinion formation by fragmenting them. Talk about denial of fundamental rights, huh?

A pragmatic, solution oriented approach to the Hindi Imposition problem will call for amendments to Schedule 7 (the Union, State and the Concurrent lists) and some to the Official Language policy, which incidentally have been in demand since long time across the country. The center though has been successful in evading them or putting them off by means of various available interpretations of the constitution, and its protective and tricky fortress of articles that make it very difficult to achieve these essential amendments that will incorporate real federal features into our democracy.

In the backdrop of this sustained Hindi Imposition in India, it is important to see these pieces of law as blocking vital amendments required to stop this unfair imposition and to make way for equality among people of all Indian languages.

(Related read: Let this September open our eyes!)