Hindi,
not a national language: Court
http://www.thehindu.com/news/national/hindi-not-a-national-language-court/article94695.ece
Gujarat High Court has observed that though majority of
people in India have accepted Hindi as a national language, there was nothing
on record to suggest that any provision has been made or order issued declaring
Hindi as a national language of the country.
The observation was made by division bench of Chief
Justice S.J. Mukhopadhaya and justice A.S. Dave recently while rejecting a
Public Interest Litigation (PIL) by one Suresh Kachhadia.
Mr. Kachhadia had filed the PIL last year seeking
direction to Central and State government to make it mandatory for
manufacturers to print details of goods like price, ingredients and date of
manufacture in Hindi.
The court observed, “Normally, in India, majority of the
people have accepted Hindi as a national language and many people speak Hindi
and write in Devanagari script but there is nothing on record to suggest that
any provision has been made or order issued declaring Hindi as a national
language of the country.”
“No mandamus can be issued on any manufacturer or others
for giving details or particulars of package in Hindi in Devanagari script,” it
further said.
It was contended by Mr. Kachhadia’s lawyer that Hindi was
the national language and was understood by a large number of persons in the
country.
The Counsel representing central government submitted
that specific provision has been made under the Standard of Weight and Measures
(Packaged Commodities) Rules of 1977 that particulars of declaration should be
in Hindi in Devanagari script or in English.
The court said that the Constituent Assembly while
discussing the Language Formula noticed the recommendation of the Sub-Committee
on Fundamental Rights, which recommended the formula as per which, “Hindustani,
written either in Devanagari or the Persian script at the option of the
citizen, shall, as the national language, be the first official language of the
Union. English shall be the second official language for such period as the
Union may, by law, determine.”
However, in the constitution, Hindi was declared as an
official language and not a national language.
The court in its order said Part XVII of the
Constitution deals with Official Language. Under Article 343, official language
of the Union has been prescribed, which includes Hindi in Devanagari script and
English.