And then there is another friend of mine who is in the habit of ending each sentence with a breathless ‘you know’. Each sentence goes like ”this happened, you know. And then that happened, you know and then finally this happened, you know”.
And not like she is the last, a certain gentleman I know is in the habit of tugging on his chin whenever he is engrossed deep in thought, you know that you no longer have his attention the minute his hand strays to his face.
And one of the teachers in my old school was in the habit of looking out of the window the minute she entered the class. It was quite funny, when as soon as she entered, without bothering to reply to our softly worded good morning, she’d make a beeline for the window and then glance around outside.
And of course another relative who is in the habit of getting up at precisely 4:35 AM and then having one cup of tea with two biscuits, followed by a 35 minute walk in the same place and then a breakfast of precisely one boiled egg, two paranthas and one cup of tea. The amusing thing is that for the entire length of time that I have known this individual, he has never ever varied from his routine, come what may, rain or hail.
And theses are not all, another friend is in the habit of always wearing a particular pair of socks before an exam, etc etc.
The people I meet are varied and all of them have their own particular traits. Yet that is what makes them special and also stops life from becoming a boring routine. It’s these little idiosyncrasies that make my life the interesting thing it is today.
LINGUISTIC HUMAN RIGHTS-
Linguistic rights (or language rights or linguistic human rights) are the and concerning the individual and collective to choose the language or languages for communication in a private or public atmosphere. Other parameters for analyzing linguistic rights includes degree of territoriality, amount of positivity, orientation in terms of assimilation or maintenance, and overtness.
Linguistic rights include, among others, the right to one's own language in legal, administrative and judicial acts, language education, and media in a language understood and freely chosen by those concerned.
Linguistic rights in international law are usually dealt in the broader framework of cultural and educational rights.
Important documents for linguistic rights include the , the and the , as well as the
History
Linguistic rights became more and more prominent throughout the course of history as language came to be increasingly seen as a part of nationhood. Although policies and legislation involving language have been in effect in early European history, these were often cases where a language was being imposed upon people while other languages or dialects were neglected. Most of the initial literature on linguistic rights came from countries where linguistic and/or national divisions grounded in linguistic diversity have resulted in linguistic rights playing a vital role in maintaining stability. However, it was not until the 1900s that linguistic rights gained official status in politics and international accords.
Linguistic rights were first included as an international human right in the in 1948.
Formal treaty-based language rights are mostly concerned with minority rights. The history of such language rights can be split into five phases.
1. pre-1815. Language rights are covered in bilateral agreements, but not in international treaties, e.g. (1923).
2. Final Act of the (1815). The conclusion to ’s empire-building was signed by 7 European major powers. It granted the right to use Polish to Poles in Poznan alongside German for official business. Also, some national constitutions protects the language rights of national minorities, e.g. Austrian Constitutional Law of 1867 grants ethnic minorities the right to develop their nationality and language.
3. Between World I and World War II. Under the aegis of the , Peace Treaties and major multilateral and international conventions carried clauses protecting minorities in Central and Eastern Europe, e.g., the right to private use of any language, and provision for instruction in primary schools through medium of own language. Many national constitutions followed this trend. But not all signatories provided rights to minority groups within their own borders such as Britain, France, and US. Treaties also provided right of complaint to League of Nations and .
4. 1945-1970s. International legislation for protection of human rights was undertaken within infrastructure of . Mainly for individual rights and collective rights to oppressed groups for self-determination.
5. Early 1970s onwards, there was a renewed interest in rights of minorities, including language rights of minorities. e.g. UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.
Theoretical discussion
Language rights + human rights = linguistic human rights (LHR)
Some make a distinction between language rights and linguistic human rights because the former concept covers a much wider scope. Thus, not all language rights are LHR, although all LHR are language rights. One way of distinguishing language rights from LHR is between what is necessary, and what is enrichment-oriented. Necessary rights, as in human rights, are those needed for basic needs and for living a dignified life, e.g. language-related identity, access to mother tongue(s), right of access to an official language, no enforced language shift, access to formal primary education based on language, and the right for minority groups to perpetuate as a distinct group, with own languages. Enrichment rights are above basic needs, e.g. right to learn foreign languages.
Individual linguistic rights
The most basic definition of linguistic rights is the right of individuals to use their language with other members of their linguistic group, regardless of the status of their language. They evolve from general human rights, in particular: non-discrimination, freedom of expression, right to private life, and the right of members of a linguistic minority to use their language with other members of their community.
Individual linguistic rights are provided for in the :
- Article 2 – all individuals are entitled to the rights declared without discrimination based on language.
- Article 10 – individuals are entitled to a fair trial, and this is generally recognized to involve the right to an interpreter if an individual does not understand the language used in criminal court proceedings, or in a criminal accusation. The individual has the right to have the interpreter translate the proceedings, including court documents.
- Article 19 – individuals have the right to freedom of expression, including the right to choose any language as the medium of expression.
- Article 26 – everyone has the right to education, with relevance to the language of medium of instruction.
Linguistic rights can be applied to the private arena and the public domain.
Private use of language
Most treaties or language rights documents distinguish between the private use of a language by individuals and the use of a language by public authorities. Existing international human rights mandate that all individuals have the right to private and family life, freedom of expression, non-discrimination and/or the right of persons belonging to a linguistic minority to use their language with other members of their group. The defines privacy as:
“… the sphere of a person’s life in which he or she can freely express his or her identity, be it by entering into relationships with others or alone. The Committee is of the view that a person’s surname [and name] constitutes an important component of one’s identity and that the protection against arbitrary or unlawful interference with one’s privacy includes the protection against arbitrary or unlawful interference with the right to choose and change one’s own name.”
This means that individuals have the right to have their name or surname in their own language, regardless of whether the language is official or recognised, and state or public authorities cannot interfere with this right arbitrarily or unlawfully.
Linguistic rights in the public domain
According to Article 10 of the , individuals have the right to a fair trial. Therefore, in the name of fairness of judicial proceedings, it is an established linguistic right of an individual to an interpreter when he or she does not understand the language used in criminal court proceedings, or in a criminal accusation. The public authorities must either use the language which the individual understands, or hire an interpreter to translate the proceedings, including court cases.
General use by public officials can cover matters including public education, public radio and television broadcasting, the provision of services to the public, and so on. It is often accepted to be reasonable and justified for public officials to use the language of minorities, to an appropriate degree and level in their activities, when the numbers and geographic concentration of the speakers of a minority language are substantial enough. However, this is a contentious topic as the decision of substantiation is often arbitrary. The , Article 26, does promise to protect all individuals from discrimination on the grounds of language. Following that, Article 27 declares, “minorities shall not be denied the right… to use their own language”.
Collective linguistic rights
Collective linguistic rights are linguistic rights of a group, notably a language group or a . Collective rights are "the right of a linguistic group to ensure the survival of its language and to transmit the language to future generations". Collective linguistic rights apply to states because it expresses itself in one or more languages. Generally, the language regime of states, which is communicated through allocation of statuses to languages used within its boundaries, qualifies linguistic rights claimed by groups and individuals in the name of efficient governance, in the best interest of the . States are held in check by international conventions and the demands of the citizens. Linguistic rights translate to laws differently from country to country, as there is no generally accepted standard legal definition.
Criticisms of the framework of linguistic human rights
Some have criticized linguistic rights proponents for taking language to be a single coherent construct, pointing out instead, the difference between language and speech communities, and putting too much concern over inter-language discrimination rather than intra-language discrimination.
Other issues pointed out are the assumptions that the collective aims of linguistic minority groups are uniform, and that the concept of collective rights is not without its problems.
There is also the protest against the framework of Linguistic Human Rights singling out minority languages for special treatment, causing limited resources to be distributed unfairly. This has led to a call for deeper ethnographic and historiographic study into the relationship between speakers’ attitudes, speakers’ meaning, language, power, and speech communities
CONSTITUTIONAL GUARANTEES FOR LINGUISTIC MINORITIES IN INDIA
The Constitution of India defines minorities as a group of people having “a distinct language, script or culture of its own.” They are recognized to be a group of people who are culturally, linguistically and scripturally different from the rest and are identifiable. It is for the upkeep of their uniqueness that the Constitution strives to protect and promote them. The above aspects of these group of people are sought to be conserved by allowing them to set up and maintain education institutes to promote their language, culture or script. The scope of the articles 29 and 30 have been interpreted to be absolute by the Supreme Court of India. The provisions of the articles 29 and 30 further the ideals of the Constitution as envisaged by the Preamble which sets upon itself as a cherished goal to assure to all the citizens the liberty of thought, expression, belief, faith and worship.
To cement these ideals, the part III of our Constitution , through the fundamental rights under articles 14, 16, 19(1), 25, 26, 28(1). The Directive Principles of State Policies also enumerate certain rights of the minorities but are, however, not enforceable in the courts of law.
Other articles as 330, 331, 334 and 336 on Schedule Castes and Tribes also refer to the minority groups of our country.The above articles also bring under their purview the issue of obtaining admissions into educational institutes maintained by the state or getting funds out of state funds on the grounds of race, religion, caste, language etc.
The above articles also bring under their purview the issue of obtaining admissions into educational institutes maintained by the state or getting funds out of state funds on the grounds of race, religion, caste, language etc. The minority groups are also permitted under law to set up their own educational institutions. The minority would include citizens of India and not any foreigner. However, the content and the definition of the term minority has not been conclusively defined by even the Supreme Court of India.
The ‘minority’ groups have their defining attributes (language, script and culture among others) so unique to them that it becomes imperative for the upkeep of same. The very fact of the Constitution guaranteeing them this right under the aegis of Fundamental Rights lends substance to the importance of the conservation of the interests of these groups of people.
The framers of our Constitution foresaw the need to work for the benefit of such people so that alongside the mainstream of the nation, these groups can co -exist and with time flourish.
The supreme court has defined the minorities as to be based on the grounds of religion also. That impliedly and logically would include the Anglo-Indians, Muslims amongst others. The Constitution therefore guarantees the communities which are in minority on the basis of language and religion, the fundamental right to conserve their language, script and culture.
Certain articles exclusively for linguistic minorities-
Article 350A Facilities for instruction in mother-tongue at primary stage
It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.
Article 350B Special Officer for linguistic minorities
(1) There shall be a Special Officer for linguistic minorities to be appointed by the President.
(2) It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under this Constitution and report to the President upon those matters at such intervals as the President may direct, and the President shall cause all such reports to be laid before each House of Parliament, and sent to the Government of the States concerned.
The Legislature has reopened the long debated issue of reservations and minority education rights by introducing an Amendment to the Constitution of India. The Central Educational Institutions (Reservation in Admission) Act, 2006 and the Constitution (Ninety-third) Amendment Act, 2005 (consequent to which Article 15(5) has been inserted to the Constitution) have been instrumental to take this discussion forward. The main purpose of the same is to ensure reservations in the educational institutions of the country. It provides for the raise in the number of seats in the institutes so as to accommodate the candidates from SC, ST and the most controversial of the three, the OBC backgrounds.
Conclusion
“ So long as the Constitution stands as it is and is not altered, it is, we consider, the duty of this court to uphold the fundamental rights and thereby honour our sacred obligation to the minority communities who are of our own. Through out the ages endless inundations of men of diverse creeds, cultures and races……. have come to this ancient land from distant regions and climes. India has welcomed them all. They have met and gathered, given and taken and got mingled, merged and lost in one body. ”
The above lines sum up the logic that the framers of the constitution of India had in their mind while dealing with the delicate issue of minority rights. The constitution focuses on the aspect of the rights of the minorities for it seeks to translate the lofty ideals of a society premised on equality and equity principles into concrete reality. The nation will never be able to progress without the all permeating reach of progress percolating across the levels of our social system and set up, right into the depths of the deepest pockets of unequal existence.
It is from this view point that the rights of minorities as guaranteed under the Constitution of India assume greater significance and relevance. The legitimate interest of the minority community has always been made out to be an issue which has invited unqualified criticism towards the entire concept and ideology of positive discrimination. For the society to progress and walk with the pace of time, we all, as the responsible citizens of India, must rise to the occasion and above the petty concerns of politics and power and work towards the assimilation of these minority groups into the mainstream of the society. It is in the light of these facts that the right of the minority groups to establish their own educational institutions should be judged.
The Palace of Illusions is a 2008 novel by award-winning novelist and poet .
Relevant to today’s war-torn world, The Palace of Illusions takes us back to the time of the Indian epic The Mahabharat—a time that is half-history, half-myth, and wholly magical. Through her narrator Panchaali, the wife of the legendary five Pandavas brothers, Divakaruni gives us a rare feminist interpretation of an epic story.
The novel traces Panchaali’s life, beginning with her magical birth in fire as the daughter of a king before following her spirited balancing act as a woman with five husbands who have been cheated out of their father’s kingdom. Panchaali is swept into their quest to reclaim their birthright, remaining at the brothers’ sides through years of exile and a terrible civil war. Meanwhile, we never lose sight of her stratagems to take over control of her household from her mother-in-law, her complicated friendship with the enigmatic Krishna, or her secret attraction to the mysterious man who is her husband’s most dangerous enemy. Panchaali is a fiery female voice in a world of warriors, gods, and ever-manipulating hands of fate.
Draupadi or Paanchali is a pivotal character in the stories of Mahabharatha. She is the impetus for the Kurukshetra war and most famous as the wife of the five Pandavas. This book is a condensed version of the epic narrated from Draupadi’s point of view. The aim of the author is to explain why Paanchali did what she did. The cause and effect pattern of the epic is most evident in this book. Most of Draupadi’s actions are explained by causes in her past.
For those who don’t know many of the stories of Mahabharatha, this book can be a good introduction. The major characters , the concepts are all given in a brief but complete manner. I was especially impressed by the way the author wove in the stories of Baka and Ekalavya also into the book. Many less known facts about Draupadi are also brought up in the book , like her childhood friendship with Krishna when he would call her Krishnae. Her rebellious nature is also a revelation to us. Her resentment of her egotistic father because he did not care for her or the prophecy she was born with as much as he did for her brother. Her solace with the ever enigmatic Krishna and with her dear brother Dhrishtadhyumna. The stories that she and her brother narrate to each other to pass long summer evenings are really creative and touching too. The fact that Vyasa had predicted to her the path of her whole life and even warned her of the mistakes she would make. It is also explained how, though Draupadi knew the consequences of her actions, she could not react to the situations in any other way than what was foretold.
Her intense devotion towards her husbands , her unforgiving nature and her search for a home for herself are all deep rooted in her psyche. Even common incidents like her feuds with her mother-in-law are highlighted to show us more cause-effect incidents.
The title Palace of Illusions is derived from the fantastic palace that the Pandavas build for themselves at Indraprastha. It is the first step they take to transform the barren land to a prosperous city. Draupadi who never felt at home at her fathers palace or at the palace of the Kauravas always yearned for her own home, one where she could truly be a queen and the mistress of the house. All that was good in her life is represented by this palace, the loss of which hits her hard and further fuels her anger.
This book is a good read for all. It captivates one’s mind and capitulates us into a past where everything could change in the blink of an eye. it is about one of the most famous women in Indian history, yet very little is actually known about her. This book is engrossing and you are left thinking long after you have turned the last page. Is our fate already written? Can we escape it? Is every chapter in the book of our lives already written?
These thoughts do not leave the mind. And in the end of it all you are filled with a great deal of respect for Panchali and how she lived her life.
BIBLIOGRAPHY-
- Wikipedia
- Google images.
- Minoritiesofindia.com
- Skutnabb-Kangas, Tove, Phillipson, Robert, and Rannut, Mart. (1994). "Linguistic human rights: overcoming linguistic discrimination."
- Christina Bratt Paulston. (1997). "Language Policies and Language Rights"
- Silverstein, M. 1998. “Contemporary transformation of local linguistic communities”
- Constituent Assembly Debates, VOL III, Reprint by Lok Sabha Secretariat, New Delhi, 1999
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Annamalai, E. (2001). Managing multilingualism in India: Political and Linguistic manifestation