The Kerala High Court has stayed the Lakshadweep administration's recent decision to remove Mahal and Arabic from the curriculum of schools in the Union Territory. [Ajas Akber PI v. Union Territory of Lakshadweep].A Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji observed that changes that impact the language spoken by a people must not be implemented in haste but only after due study and consultation with all stakeholders."The point emphasized by the Petitioner, which prima facie, we find merit in, is that for the implementation of the (National Education) Policy in a particular area, there has to be an application of mind and a study of local conditions to determine what is best for the educational interests of the community, in order to achieve the objectives of the Policy. The Policy itself contemplates such an application of mind, noting that various factors are involved in the said decision. As contended by the learned counsel for the Petitioner, a language holds deep cultural significance, and any changes could have serious ramifications," the Court observed.However, the Lakshadweep Administration failed to submit any material before the Court to show that any such such study was undertaken.The Court, therefore, ordered that the order be stayed and that the curriculum that was being followed until now be continued. "Ordinarily, the Court would not interfere in matters of education policy, particularly with respect to the selection of languages in the curriculum. However, this is self-restraint based on the premise that decisions relating to education policy are made by experts in the field after an in-depth study and wide consultation," the Bench added..The Education Department of the Union Territory had issued an order on May 14 removing the two languages under the 2023 National Curriculum Framework (NCF), which is part of the 2020 National Education Policy (NEP). As per the order, all schools in Minicoy island would offer Malayalam and English as the first and second languages, and Hindi would replace local language Mahal and Arabic as the third language. This led to widespread protests on the islands. .Contesting this decision, a public interest litigation (PIL) was filed by Ajas Akber, a social worker and President of the Lakshadweep Unit of the National Students Union of India.Akber pointed out in his petition that Mahal is the exclusive language spoken by Minicoy islanders and it symbolises their tradition and culture. He also pointed out that Mahal was being taught only in primary classes and was a foundation course to consolidate and uphold the tradition and culture of Minicoy, which happens to be a pure linguistic minority among the Union Territory.According to Akber, by removing the Mahal from the curriculum, the Lakshadweep administration has placed an open challenge to the constitutional rights of a minority community which has distinct traditions and culture. He also contended that the order is violative of National Education Policy 2020 and National Curriculum Framework guidelines 2023.As for the removal of Arabic from the curriculum, Akber argued that it would prevent students from learning a language that would give them an advantage in the 22 countries it is spoken in by no less than 330 million people.Completely removing Arabic as an option for a third language and replacing it only with Hindi is not in the best interest of students, Akber argued."Hindi represents our national pride and national unity, the Arabic offers global chances for the aspiring students for a career abroad. Such overseas careers of our students are in the national interests as it helps us to earn foreign exchange, global good will, trade and commerce. But by a single act of the Administration, this privilege and right of the students is taken away," the petition states.He, therefore, sought directions to quash the order removing Arabic and Mahal as being unconstitutional, among other reliefs..Concurring with Akber on the need for prior studies for formulating policies regarding something as important as language, the Court stayed the order for the pendency of the PIL. It left it open to the Lakshadweep Administration to conduct appropriate studies on the issue. "It is open to the Union Territory to conduct a study of the local conditions in the context of the prevailing Education Policies and to engage with all the stakeholders through a meaningful process of consultation (not merely for the purpose of record). If such studies and consultations are carried out, it will be open to the Respondents to apply for appropriate orders, and such application will be considered on its own merits," the Court said in its order. .The petitioner was represented by advocates Reena Sharon Suresh and KPS Suresh.Central Government Counsel KS Prenjith Kumar appeared for the Union of India..[Read Order]
