Hindi cannot be used by Centre for official correspondence with Tamil Nadu: Madras High Court

The Central government is duty-bound to communicate in English with those States that have not adopted Hindi as their official language, the Madras High Court emphasised recently (S Venkatesan v. Ministry of State for Home Affairs and Others)..This is in line with the Official Languages Act 1963 and the Official Language Rules 1976, the Bench of Justices N Kirubakaran (now retired) and M Duraiswamy observed.."Once a representation is given in English, it is the duty of the Union Government to give a reply in English only which will also be in consonance with the statute, viz., the Official Languages Act," the Court said..In this regard, the Court relied upon Section 3 of the Official Languages Act 1963..The Bench further commented that different ethnic, linguistic and cultural identities have to be protected and any attempt to destroy and disturb the same may become sensitive issues..“Any kind of fanaticism is not good for any society. Fanaticism, in any form, is to be condemned, if it is exhibited. Linguistic fanaticism is more dangerous as it would give an impression that one language alone is superior and being imposed upon the people speaking different languages,” the Court added..In this backdrop, the Court also expressed appreciation for the Central government’s recognition of the importance of one’s mother tongue or language in the National Education Policy.."When such is the importance given to the languages of the country, it seems that a few officials in the Respondent Government either without understanding the sensitivity of the issue or by inadvertence, are bent upon using Hindi in communications and other official matters,” the Court said..With respect to the present case, the Court also referred to Section 8 of the Official Languages Act, 1963 which excluded the application of the Official Languages Rules, 1976 in the State of Tamil Nadu, thereby making it clear the Central government is expected to use English for official communications with Tamil Nadu.."To put it in other words, the official language of India (Hindi) cannot be used for official correspondence with the State of Tamil Nadu. When the Act of Parliament states about the use of English language for official purpose of communication between the Union and the States which have not adopted Hindi as their official language, the Central Government is duty bound to follow the enactment," the Court observed..The Court further noted that Article 350 of the Constitution of India entitles any person to submit a representation to Union or the State government in any of the languages used in the Union or State..Pertinently, the Bench went on to express hope that the Central government will seriously consider amending Article 350 so that, replies given to such representations are also given the in the language used..“If a representation is given as per Article 350 of the Constitution, reply should be given in the same language, so that, the people could understand the information. This Court hopes that the Central Government would seriously consider to amend Article 350, so that, not only representation is given in the languages of the Union or the States, but also reply is given in the same language used by the citizens,” the Court said..As far as Tamil Nadu is concerned, the Court remarked,.“The Government of Tamil Nadu passed the Official Languages Act, by which, only two language formula is being adopted viz., Tamil and English. Therefore, the Central Government is also expected to respect the sentiments of the people. It would be appropriate and it is expected that the Central Government gives its reply to the citizens, in their respective language as stated in Article 350.".Case background.The Bench was hearing a Public Interest Litigation (PIL) petition filed by Lok Sabha Member of Parliament from Madurai, Su Venkatesan who approached the Court after he received a reply from the Central government in Hindi to a representation made by him in English..Venkatesan told the Court that he had written back to the Union government, calling for the reply to be sent again in English..However, upon failing to receive any response to this additional communication, he moved the Court. His petition had urged the Court to direct the use of English in all communications between the Central government and the State of Tamil Nadu..Before the High Court, the Central government admitted that there was a mandate to use English in communications between the Centre and States that have not adopted Hindi as their official language..Appearing for the Centre, Assistant Solicitor General L Victoria Gowri further submitted that the reply to Venkatesan had been inadvertently written in Hindi. There was no intention on the part of the Central government to violate any provision of the Official Languages Act, 1963 or Rules, the Court was told..The Court, however, was not convinced that it was a bona fide error on the Centre’s part. The Bench opined that if the mistake had really been inadvertent, the Central government would have immediately replied to Venkatesan in English after the issue was raised..“This Court is of the firm view that the first Respondent would not have sent the reply dated 07.11.2020 along with English version, if the notice was not ordered by this Court. The regret letter dated 07.11.2020 has been belatedly given only to avoid any adverse orders from this Court. Therefore, the reason given on 07.11.2020 by the first Respondent cannot be bonafide,” the Court said..The Court also observed that there were other instances reported where the Centre had only responded in Hindi to the State of Tamil Nadu..“It is available in public domain that information sought by the people of non Hindi speaking States, especially, from Tamil Nadu, is given only in Hindi … When a right is given under Article 19 (1) of the Constitution regarding freedom to write and freedom of expression, it is the duty of the Central Government to use English. People from various States would feel very happy, if the communications are given in their own language, whereas the Central Government has confined only to English and Hindi,” the Court said..Commenting on the importance of communicating in the vernacular as well, the Court noted that even notifications prior to land acquisitions have to mandatorily be communicated in the vernacular..“The purpose of publication in vernacular languages is only to see that the information regarding cases reaches the local people, particularly, the land owners who are likely to be affected,” the Court said..With these observations, the Court proceeded to allow the petition, while cautioning the Union government and its officers and instrumentalities to follow the provisions of Official Languages Act 1963 and the Official Languages Rules 1976..[Read Judgment]