B.R. Manhas vs Union of India

Mr. Bansi Lal Bhat, J. - This writ petition, filed in public interest by a practicing lawyer of this Court, seeks following relief:-

i) Mandamus, Commanding and directing the respondents to provide the same privileges in all the field and Departments of the Government of

India and the State Government to the Dogri Language/Script, as are provided to other such languages/Scripts as are put in the 8th Schedule of the

Constitution of India,

ii) MANDAMUS

Commanding and directing the respondents, more particularly respondents Nos. 1,2 and 3 to order printing of the denomination of a currency note

on the language panel of the bank notes of different denominations (as mentioned under Section 24 of the RBI Act) printed by the Reserve Bank

of India, in Dogri language/Script, in the same manner, as is being printed in other such languages/Scripts as figure in the 8th Schedule of the

Constitution of India and place 'Dogri' language at place 4 in the language panel of the Bank Note as per her position in the 8th Schedule of the

Constitution of India.

iii) MANDAMUS

Commanding and directing the respondents, more particularly, respondent Nos. 1 and 4 to order printing of the denomination of Indian Postal

Order in 'Dogri' language/Script in the language panel of the Indian Postal Orders in the same manner, as has been done in other such languages, as

find place in the 8th Schedule of the Constitution of India, alongside 'Dogri' language.

iv) MANDAMUS

Commanding and directing respondent Nos. 7 and 9 to introduce Dogri language/Script in the Schools of Jammu Division of the J&K State from

1st Standard itself, as has been done with scripts of other languages such as Hindi (in Devnagri Script); Urdu (in Persian Script); English (in Roman

script) and Punjabi (in Gurmukhi script).

The case set up by the petitioner is that the State of Jammu and Kashmir is primarily comprised of two Geographical Divisions viz Jammu and

Kashmir which have different climatic conditions, terrain and languages. It is averred in the petition that Dogri is the major language spoken in

Jamtnu Division and it enjoyed the status of official language during the reign of Maharajas. It is further averred that Article 29 of the Constitution

of India, guarantees conservation of language, script or culture by any section of citizens residing in the territory of India or any part, thereof having

a distinct language, script or culture. It is further averred that Jammu Division is mainly inhabited by Dogras speaking Dogri language which is an

Indo-Aryan language spoken in four districts of Himachal Pradesh, at least half district of Punjab and Sialkot district of Pakistan, apart from

Jammu Division of the State. It is further averred that Dogri speaking reign is called Duggar and reference to Dogri language can be found in the

scripts of Greek Astrologer Puloni and famous poet Amir Khusro. It is further stated that the word 'Dogri' has its origin in the Sanskrit language

and the area surrounding Surinsar and Mansar lakes is called Duggar. It is further stated that Dogri language was originally written in Takri script

which is closely related to the Sharda script employed in Kashmir. It is further stated that Dogri has an established tradition of poetry, fiction and

dramatic works. Reference is made to Dogri Poet Kavi Dattu, Ram Nath Shastri, Padma Sachdev and others. It is further stated that Dogri along

with Urdu was used as official language during the reign of Maharaja Pratap Singh. It is further stated that Dogri Language is being taught in the

schools at the primary level and Higher Secondary level. It is further stated that Dogri Language has been introduced with Devnagri script in the

syllabus of Jammu University, but the Dogri Script has been ignored which shall have the effect of wiping out the rich culture of the linguistic

minority of Dogras. It is stated that two dialects of Dogri called 'Bhaderwahi' and 'Bhalesi' spoken in Doda District of the State have been declared

as ""definitely endangered"" languages. It is further averred that Dogri language has been introduced in 8th Schedule of the Constitution vide

Constitution (Ninety Second Amendment) Act, 2003, inserted on 8th January, 2004. It is further averred that the Dogri Language fulfils all the

requirements of being recognised as a major regional language of the State of J&K and is entitled to all patronage and privileges of the State.

As per information obtained by the petitioner under RTI, Department of Dogri has been established in the University of Jammu in the year 1983

and since the year 2002, 295 students have completed their P.G in Dogri Language from the University of Jannnu. Dogri script is being taught in

1st Semester of M.A. Dogri. It is submitted that though University has also provided official version of the Takri alphabets along with Modern

Dogri alphabets, however, the ancient script is required to be taught in the primary Class as a language with Hindi and Urdu. It is stated that Dogri

language has become extremely endangered, as it is no longer taught in schools, used for commerce or Government business and stands confined

to its learning in M.A classes in Jammu. University. It is further stated that the Dogri Language stands discriminated ami its ancient glory is required

to be restored. It is further stated that an effective way of saving Dogri language is its incorporation in Bank Notes and Indian Postal Orders. It is

stated that the currency notes and Indian Postal Orders are printed in the languages incorporated in 8th Schedule of Constitution of India,

however, Dogri language despite being inserted in 8th Schedule of Constitution of India does not find place on the language panel of the Bank

Notes. It is contended that even in the Bank Notes and Indian Postal Orders printed in the year 2011 or thereafter, Dogri language has not been

incorporated in the language panel, which clearly demonstrates discriminatory and step motherly treatment meted out to the Dogri language.

Respondent No. 1, in its reply has pleaded that ""Bhaderwahi"" is one of the mother tongues grouped under Hindi language in India Census. It is

spoken mainly in Doda District. It has not been rationalized and classified as a dialect of Mother tongue of Dogri in Indian Census. Whereas

'Kishtwari' and 'Siraji' have been grouped as the mother tongue under Kashmiri language. It is pleaded that it is for the first time that the issue of re-

classification of Bhaderwahi, Kishtwari and Siraji has been raised from any forum. It is further pleaded that the Registrar General and Census

Commissioner, India is faithfully recording the mother tongues as returned by the respondents during Census and together with the team of

Linguists and Ministry of Government of India including Cabinet Secretaries finalizes the classification of the mother tongues. It is further pleaded

that the result of 2011 Census for languages/mother tongues has not yet been finalized.

Respondent No. 3- Reserve Bank of India, in its counter affidavit has taken a stand that the decision as to which language listed in the 8th

Schedule of the Constitution of India should be included in the language panel of the Bank Notes is taken by the Government of India. It is further

stated that the design, form and material of bank notes is approved by the Central Government after consideration of the recommendations made

by the Central Board of the Reserve Bank. It is further stated that the Reserve Bank of India is the sole note issuing authority and the notes issued

by it are legal tender under the Reserve Bank of India Act. It is further pleaded that in the language panel on the reverse of the bank note the

denomination is printed in fifteen languages which were initially included in the 8th Schedule of the Constitution of India. It is stated that at present

there are 22 languages included in the 8th Schedule of the Constitution of India. Languages in the 8th Schedule of Constitution of India are

considered for being printed in the language panel of a bank note. Such decision is taken by the Government of India. Denying the allegations of

petitioner regarding discrimination meted out to Dogri Language, it is stated that all 22 languages listed in the 8th Schedule of the Constitution of

India do not find place in the language panel of bank notes and the decision to include a particular language listed in the 8th Schedule is taken by

the Government of India.

Respondent No. 4 has filed its response, wherein it is pleaded that the Department of Posts has already constituted a committee to examine the

possibility of inclusion of other official languages as per the 8th Schedule of the Constitution of India including Dogri Language in consultation with

other Central Government Departments to ensure uniformity.

The Expert Committee of Ministry of Information and Technology has suggested a change in the design of Indian Postal Order. Copy of the

minutes of the Committee constituted for suggesting changes in the design of Indian Postal Order (IPO) has been taken on record. The Committee

considered the issue and was of the view that the purpose of Indian Postal Orders was not to promote Indian languages, as it was only an

instrument for payment of fee/charges. The Committee noted that Reserve Bank of India has only 15 languages in the language panel of currency

notes. Having regard for the ever expanding list of languages in 8th Schedule of the Constitution of India, the Commit tee recommended for not

adding any additional language in the Indian Postal Order and continuing with 13 languages appearing on the lower denominations and 14

languages appearing on the Higher denominations of Indian Postal Orders. Report of the Committee is emphatic on the point that incorporation of

Dogri language in Indian Postal Orders will not be suitable unless all 22 languages in 8th Scheduled of the Constitution of India are added in Indian

Postal Orders.

Heard learned counsel for the parties.

India is a multi linguistic country with Constitution guaranteeing conservation of language, script or culture by any section of citizens residing in

any part of the country. Each linguistic group has a guaranteed right to propagate and promote its language and share its rich literature with other

country men. Therein lies the beauty of India as a notable example of unity in diversity. With incorporation of 22 languages including Dogri in the

8th Schedule of the Constitution of India, Dogri aspires for its inclusion in the language panel of Bank currency notes issued by the Reserve Bank

of India which is used as a legal tender. It also craves for finding a place on the language panel of Indian Postal Orders. The argument that

exclusion of Dogri from being incorporated on the language panel of Bank currency notes issued by the Reserve Bank of India and Indian Postal

Orders smacks of a discriminatory attitude towards it cannot be countenanced as the decision to incorporate a particular language on the language

panel of Bank currency notes rests with the Central Board of Reserve Bank of India depending on various factors. Uniformity has to be ensured to

allay the apprehensions of a particular linguistic group who feels alienated on account of exclusion of its language from language panel of Bank

currency notes and Indian Postal Orders despite such language being included in 8th Schedule of Constitution. This can be done only by taking

appropriate steps to include such scheduled language at its rightful place in the Bank currency notes and the Indian postal orders. It appears that

inclusion of scheduled languages on the language panel of Bank currency notes and Indian postal orders is intended only to display its face value

and not to promote such languages. Therefore, non-inclusion of all scheduled languages in the legal tender of Reserve Bank of India and Indian

Postal Orders cannot be held to be violative of constitutional guarantee. With rapid increase in literacy rate, display of the face value on a legal

tender or Indian postal order in the scheduled/regional languages would not be of much significance. Induction of national language viz Hindi and

English as the langua-franca are serving the purpose of rendering the holder of such legal tender or Indian postal orders capable of ascertaining its

value.

Having regard for the plea raised on behalf of the respondents that the panel of languages would be ever increasing on account oi inclusion of

more languages in 8th Schedule and lack of space on the standard bank notes and Indian postal orders may not admit of further accommodation of

languages. Thus, this Court is constrained to reject the plea of the petitioner in so far as giving a positive direction is concerned.

The issue of re-classification of various languages and inclusion of a mother tongue in a language is a separate issue and the same is said to be

awaiting finalization. The decision in this regard would depend upon various considerations and opinions of linguistic experts in the field will hold

sway.

Petition is, accordingly, disposed of by directing the respondents to consider the prayer of the petitioner seeking incorporation of Dogri

language on the language panel of Bank currency notes and Indian postal orders, if the same is possible. Decision in this regard be taken within a

period of four months from the date copy of the order is served upon the respondents.

Disposed of along with connected MP(s).