Karnataka could be party in case against Kerala government on Malayalam Bhasha Bill that received assent from Kerala Governor

Karnataka could join the legal struggle against the Kerala government over mandating Malayalam in all educational institutions. After Kerala Governor Rajendra Vishwanath Arlekar gave his assent to the Malayalam Bhasha Bill last week, the Karnataka State Border Area Development Authority (KSBADA) is preparing to be a party in the case to be filed before the Kerala High Court against the Bill, which it claims would harm the interests of the Kannada-speaking linguistic minority residing in Kasaragod district.

The passage of the Malayalam Bhasha Bill in the Kerala Legislature had triggered a strong response from Karnataka, with Chief Minister Siddaramaiah — in a letter to Kerala Chief Minister Pinarayi Vijayan — asserting Karnataka’s right to protect the interests of Kannadigas in Kerala.

Legal consultations

Government sources said that KSBADA officials held consultations with Law and Parliamentary Affairs officials, and based on their advice, the body is likely to be a party in the case, which is expected to be filed in the Kerala High Court by aggrieved Kannada speakers/Kannada organisations. “The case may be filed after the gazette notification. Once the petition is filed in the Kerala High Court, there is a possibility of requesting the court to move the case to a high court outside Kerala too,” sources aware of the developments told The Hindu.

Terming the Bill’s provisions that mandate Malayalam as a compulsory first language up to Class 10 across Kerala as “unconstitutional”, the Karnataka government had urged the Governor not to give assent on the grounds that the rights of the linguistic minorities protected under Article 350A and 350B would be violated.

Pointing out at what it called “contradictions” in the provisions of the Bill, the Karnataka government had sought an explicit exemption for the Kannada-speaking regions in Kerala. While Clause 6(1) makes Malayalam a compulsory first language in all government and aided schools in Kerala up to Class 10, Clause 7(2) allows students whose mother tongue is any language other than Malayalam to pursue a language of their choice, sources said.

K.M. Ballakuraya, president of Kasaragod-based Karnataka Sangha, said that a meeting of Kannada organisations have been called on Tuesday (March 10) to decide on the legal course of action. “We have decided to approach the High Court. However, we are seeking advice on whether the case has to be filed as a writ petition or a public interest litigation, and whether the case should be filed by a group of parents or by organisations,” he added. Since January, Kannada organisations in Kasaragod have been seeking withdrawal of the Bill.

In Council

Meanwhile, in the Legislative Council, Congress member Bilkis Bano on Monday (March 9) urged the State government to persuade the Kerala government to bring an amendment to the legislation to keep Kasaragod district out of its purview.

She also suggested that the two States could jointly set up a high-level committee to review the legislation. “Those living in the border district are anxious about the provisions of the legislation. The Karnataka government should intervene,” she said.