Right To Opt Medium Of Instruction In Mother Tongue | Education Rights | Constitution Of India | The National TV
- by Aditi-Harshraj
- Apr 20, 2020 20:15
Education is a powerful tool to unlock the golden fire of freedom which can change the world On 15th April 2020, SC through its Judgement quashed the order of State for converting Government school to English Medium.
Title of the case - Dr Srinivas Guntupalli v. State of Andhra Pradesh It was held that freedom of speech includes Right to opt medium of Instruction in mother tongue. Fact of the case - Dr Srinivas Guntupalli v. State of Andhra Pradesh State proposed that the medium of education should be in English in all classes from I to VI from the academic year 2020 - 21. The responsibility to train teachers & providing all other training to them is given to the state council for Educational Research & Training (SCERT). Director, Text Book Press were ordered to provide text books in English medium.
Historical background of the medium of instruction for education at the primary stage in India (prior to Independence) In India, Hindu and Muslim use to study & follow their tradition but when Britishers came to India they followed the theory of downward filtration which means that class of people will become Britishers in taste & remain Indian in blood & color. They educate them so that they could act as communicators between Britishers and Indians. While Britishers in 1882 proposed that Primary education should be in local language and secondary education in English. The same was being adopted in 1870 when Bal Gangadhar Tilak and other prominent persons opened schools and colleges. In 1919, Mahatma Gandhi, Gokhale & other freedom fighters opposed the system of education in the English language as a result of which is 1921, the mother tongue became the medium of education in middle school.
In 1937, it was extended to High School. As per Swami Vivekananda, Mother Tongue is the best medium in which education should be imparted as he said that if you will talk to anyone in the language they understand then the words goes to his brain while if you convey something in the language he talks then the words goes to his heart. Post Independence Development The First National Policy on Education was brought in 1968 which talks about free & compulsory education, status, emoluments & education if teachers & development of Languages. It was being ordered that Hindi States will adopt Hindi as a medium of education while Non Hindi States will adopt English. While mother tongue should be the medium of learning in schools. Constitutional & legal provisions related to Right to Education Article 19(1)(a) of Constitution of India states that all citizens have the right to freedom of Speech and Expression Article 19(1)(g) states that all citizens have the right to practice any profession, can carry on any occupation, trade or business. While Article 19(2) states that reasonable restrictions can be applied by the State.
Article 21 of the Constitution of India states that no person shall be deprived of his life except according to the procedure established by the law which means every person has the right to life which also includes right to health, right to education, right to get clean water. In MS. mohini Jain v. State of Karnataka, the Hon'ble Supreme Court held that Right to life & personal liberty includes Right to Education. Article 21 A states that the state will provide free & compulsory education to all children from six to fourteen years. The judgment of the case - Dr. Srinivas Guntupalli v. State of Andhra Pradesh It was held that freedom of speech and expression includes right to choose the medium of instruction at the primary stage of education which is guaranteed under Article 19(1)(a) and 19(1)(g) of Constitution of India and can't be taken away by Article 19(2) of Constitution of India.
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