Upholding the usage of Urdu on the signboard of a municipal council constructing in Maharashtra, the Supreme Courtroom on Tuesday stated language is tradition and should not turn out to be a trigger for dividing folks, and Urdu “is the best specimen of Ganga-Jamuni tehzeeb, or the Hindustani tehzeeb”.
The bench of Justices Sudhanshu Dhulia and Ok Vinod Chandran refused to intervene with the Bombay Excessive Courtroom’s discovering that the usage of Urdu isn’t prohibited below the Maharashtra Native Authorities (Official Languages) Act, 2022, or in any provision of regulation.
A former councillor had filed a petition difficult the usage of Urdu on the signboard of the Patur Municipal Council constructing in Akola district of Maharashtra.
“Our misconceptions, even perhaps our prejudices in opposition to a language, should be courageously and in truth examined in opposition to the truth, which is that this nice range of our nation: our energy can by no means be our weak spot. Allow us to make associates with Urdu and each language,” the SC stated.
The court docket stated it’s a “false impression that Urdu is alien to India”, including that “it’s a language which was born on this land”.
Writing for the bench, Justice Dhulia elaborated on the bench’s views on Urdu and languages basically. “Language isn’t faith. Language doesn’t even characterize faith. Language belongs to a neighborhood, to a area, to a folks; and to not a faith,” stated the judgment.
“Language is tradition. Language is the yardstick to measure the civilisational march of a neighborhood and its folks. So is the case of Urdu, which is the best specimen of Ganga-Jamuni tehzeeb, or the Hindustani tehzeeb, which is the composite cultural ethos of the plains of northern and central India,” it stated.
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“Earlier than language grew to become a instrument for studying, its earliest and first goal will all the time stay communication,” Justice Dhulia stated. “The aim right here for the usage of Urdu is merely communication. All of the municipal council needed to do was to make an efficient communication. That is the first goal of a language, which the Bombay Excessive Courtroom has laid emphasis on,” the court docket stated.
“We should respect and rejoice in our range, together with our many languages. India has greater than hundred main languages. Then there are different languages generally known as dialects or ‘mom tongues’ which additionally run into tons of. In keeping with the 2001 Census, India had a complete of 122 main languages together with the 22 scheduled languages, and a complete of 234 mom tongues. Urdu was the sixth most spoken scheduled language of India. In actual fact, it’s spoken by a minimum of part of the inhabitants in all States and Union Territories, besides maybe in our North-Jap States,” it stated.
“Within the 2011 Census, the variety of mom tongues elevated to 270. Nevertheless, it’s to be famous that this quantity was additionally arrived at by bearing in mind solely these mom tongues which had greater than 10,000 audio system. Thus, it could not be mistaken to say that the precise variety of mom tongues in India would run into hundreds. Such is the immense linguistic range of India,” it stated.
“The unfairness in opposition to Urdu stems from the misunderstanding that Urdu is alien to India. This opinion, we’re afraid, is wrong as Urdu, like Marathi and Hindi, is an Indo-Aryan language. It’s a language which was born on this land. Urdu developed and flourished in India because of the want of individuals belonging to totally different cultural milieus who needed to alternate concepts and talk amongst themselves. Over the centuries, it attained… better refinement and have become the language of selection for a lot of acclaimed poets,” it stated.
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The court docket famous that the language debate began even earlier than Independence. “It was accepted by numerous Indians that the language which is a product of amalgamation of varied Indian languages resembling Hindi, Urdu and Punjabi, is what is named ‘Hindustani’, which a big mass of this nation speaks,” it stated.
Jawaharlal Nehru “acknowledged that Hindustani is certain to turn out to be the all-India medium of communication, since it’s spoken by numerous folks within the nation. On the identical time, he recognised the significance of provincial languages by emphasising that the intention was to not exchange provincial languages with Hindustani. Thus, he put ahead the thought of Hindustani as a obligatory second language”, the court docket stated.
“It’s clear that the nation was shifting ahead to simply accept Hindustani as its nationwide language throughout our wrestle for Independence”, however that didn’t occur. “It’s now clear that the primary cause behind this was the Partition of the nation in 1947 and adoption of Urdu by Pakistan as its nationwide language. The last word sufferer was Hindustani,” it stated.
The court docket stated that “below Article 343 of the Structure, Hindi is the official language, whereas the usage of English was made permissible for official functions for a interval of 15 years”. “However this doesn’t imply that Hindustani and Urdu have turn out to be extinct. This was by no means the intention of the framers of the Structure,” it stated.
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“Even at present, the language utilized by the widespread folks of the nation is replete with phrases of the Urdu language, even when one isn’t conscious of it. It might not be incorrect to say that one can not have a day-to-day dialog in Hindi with out utilizing phrases of Urdu or phrases derived from Urdu. The phrase ‘Hindi’ itself comes from the Persian phrase ‘Hindavi’. This alternate of vocabulary flows each methods as a result of Urdu additionally has many phrases borrowed from different Indian languages, together with Sanskrit,” it stated.
“Urdu phrases have a heavy affect on Courtroom parlance, each in prison and civil regulation. From adalat to halafnama to peshi, the affect of Urdu is writ massive within the language of the Indian Courts. For that matter, despite the fact that the official language of the Supreme Courtroom and the Excessive Courts as per Article 348 of the Structure is English, but many Urdu phrases proceed for use on this Courtroom until date. These embrace vakalatnama, dasti, and so forth,” it stated.
The court docket stated that Urdu has additionally been adopted by many States and Union Territories because the second official language. “After we criticise Urdu, we’re in a method additionally criticising Hindi, as, in line with linguists and literary students, Urdu and Hindi will not be two languages, however one language,” it stated.
“Hindi and Urdu met a roadblock within the type of the puritans on each side and Hindi grew to become extra Sanskritised and Urdu extra Persian. A schism exploited by the colonial powers in dividing the 2 languages on faith. Hindi was now understood to be the language of Hindus and Urdu of the Muslims, which is such a pitiable digression from actuality; from unity in range; and the idea of common brotherhood,” it stated.
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Upholding the HC view, the SC bench stated: “A municipal council is there to offer providers to the local people of the world and cater to their instant day-to-day wants. If folks or a gaggle of individuals, residing throughout the space coated by the municipal council are acquainted with Urdu, then there shouldn’t be any objection if Urdu is used along with the official language i.e. Marathi, a minimum of on the signboard of the municipal council. Language is a medium for alternate of concepts that brings folks holding numerous views and beliefs nearer and it mustn’t turn out to be a reason behind their division.”