Kerala HC halts Lakshadweep decision to drop Mahal, Arabic languages from school curriculum

The Kerala High Court has put a hold on the Lakshadweep administration’s order to drop Mahal and Arabic from the school curriculum in the Union Territory.

A division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji issued the stay after a public interest litigation was filed against the move.

"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,” observed the Court.

“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 added.

The bench acknowledged that while courts usually refrain from interfering in educational policy decisions, particularly those involving curriculum choices, the situation warranted intervention due to concerns over lack of consultation and cultural impact.

"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," it said.

The administration’s May 14 directive, issued under the 2023 National Curriculum Framework as part of the 2020 National Education Policy, mandated that schools in Minicoy island would offer Malayalam and English as the first and second languages, with Hindi replacing Mahal and Arabic as the third language. The decision sparked protests across the islands.

Challenging the directive, petitioner Ajas Akber, a social worker and president of the Lakshadweep unit of the National Students Union of India, argued that Mahal is the native language of Minicoy islanders and an essential part of their cultural identity.

He highlighted that Mahal is taught only at the primary level as a foundational course to preserve local heritage.

Akber further alleged that the removal of Mahal violates the constitutional rights of the linguistic minority on Minicoy Island.

After considering the submissions, the court stayed the order pending further proceedings and allowed the administration to revisit the issue through comprehensive studies and consultations.

"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 highlighted.