322 Can We Protect Our Socio-Cultural Identity? Language Rights, Mother Tongue and Creation of a Constitutional Paradox

Abstract

In India, The Constitution and the policy documents have always recognised the importance of mother tongue and have cherished the linguistic diversity of India. Language is a marker of identity and plays a key role in the formation of the socio-cultural identity of an individual. The various quantitative benefits of having mother tongue based education are well documented. Hence, this this paper specifically explores situations beyond these general statements. It attempts to study the various qualitative aspects related to mother tongue and how these ultimately shape the socio-cultural identity of the individual. Although people in India have the right to conserve their language and pursue education through it, a Hohfeldian analysis shows that there are complexities involved in realising this right. This paper attempts to understand some of the issues associated with non-realization of language rights and its effect on the loss of socio-cultural identity. It explores the position of language rights in the broader spectrum of constitutional structure related to language, especially the effects of transition from erstwhile multilingual States to primarily monolingual States. Further, it evaluates the importance of mother tongue being a specific focus of study within the broader concept of language rights. It explores the interface between language and education and argues that in this regard language rights ought to be non-negotiable. In this regard, it attempts to compare educational rights in the Constitution from the perspective of preservation of linguistic diversity of India. Finally, it details out the unique relationship of language and culture in India and also the role of language in the formation of socio-cultural identity of an individual. The paper is housed under the broad theme of evaluating whether the present linguistic rights and other constitutional provisions are sufficient in the long run to preserve the linguistic diversity of the country.