Friday, February 3, 2017
Even 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 the 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, the 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 to any manufacturer or others for giving details or particulars of the 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, the official language of the Union has been prescribed, which includes Hindi in Devanagari script and English.