Meghalaya: The Meghalaya High Court has issued significant directions to both the Central and State governments regarding the implementation of safeguards for linguistic minorities in the state, emphasizing their constitutional duty to protect minority language rights.
Chief Justice I.P. Mukerji and Justice W. Diengdoh delivered the judgment in a Public Interest Litigation (PIL) filed by the Meghalaya Linguistic Minority Development Forum, a registered society representing the interests of linguistic minorities in the state.
The Court addressed the PIL seeking enforcement of the recommendations made by the Commissioner for Linguistic Minorities under the Ministry of Minority Affairs in a report dated March 29, 2016.
Referring to Article 350B of the Constitution, which was inserted on November 1, 1956, the Court noted: “There shall be a Special Officer for linguistic minorities to be appointed by the President” with the duty “to investigate all matters relating to the safeguards provided for linguistic minorities under this Constitution.”
Highlighting the linguistic composition of Meghalaya, the Court observed that, according to the 2001 Census, the state’s population of 23,18,822 comprised various linguistic communities, including Khasi (47.05%), Garo (31.41%), Bengali (8.01%), Nepali/Gorkhali (2.25%), Hindi (2.16%), Assamese (1.58%), Rabha (0.97%), and Koch (0.90%).
The Court underscored key recommendations made by the Commissioner, stating, “The State Government needs to appreciate the presence of linguistic minorities and ensure the translation and publication of Rules, Regulations, Notices, etc., in minority languages, where the speakers constitute 15 per cent or more of the District/Tehsil/Taluka/Municipality population.”
In a significant directive, the Court ordered: “We direct learned counsel for the Union of India and the State to take suitable instructions in the matter with regard to the status of the Commissioner’s report dated 29th March, 2016 and report to this Court before the returnable date.”
The petitioner’s counsel argued that the Meghalaya Government should immediately constitute a Board for Linguistic Welfare in accordance with the 2016 recommendations. They also stressed the need for systematic implementation of safeguards, including the establishment of State-Level Committees under the Chief Secretary and District-Level Committees under the District Collectors to monitor enforcement.
The next hearing is scheduled for July 10, 2025, with directions for both governments to submit status updates on the implementation of the Commissioner’s report.
Appearing for the Petitioner: Mr. K. Paul, Senior Advocate with Mr. S. Chanda, Advocate.
Appearing for the State of Meghalaya: Mr. K. Khan, Additional Advocate General, with Mr. A.H. Kharwanlang, Additional Senior Government Advocate, Mr. A.H. Hazarika, Government Advocate, and Ms. S. Laloo, Government Advocate.
Case Title: Meghalaya Linguistic Minority Development Forum vs. State of Meghalaya & Ors.