Do not allow linguistic chauvinists to create unrest in India in the name of languages: Justice Kirubakaran of Madras HC

A plea for bail by a member of the banned “Tamil Nadu Liberation Army” recently prompted Justice N Kirubakaran of the Madras High Court to express strong opinions against linguistic chauvinism being used to create unrest in India (Kalailingam v. State). .In an order passed on Friday, the Judge took critical note of the creation of conflicts and separatism by some using differences in religion, race and language. He said,."When these elements take 'Tamil Culture', 'Tamil Race' and 'Tamil Language' as weapons for their sinister plans, the Governments should be careful enough to see that no action of the Government would pave way for or strengthen the propaganda made by these elements especially, with regard to emotive language issue. Already political parties are waiting to make use of such position to arouse linguistic chauvinism to harvest political dividends... There should not be any room for linguistic chauvinists to create any unrest in the name of languages in any part of our country."Justice N Kirubakaran.Justice Kirubakaran emphasised further that, ."Our country is a multiracial, multicultural, multilingual and multi- religious nation. Peace and Harmony have to be maintained. For that, Governments should make every citizen to feel that his language, culture, religion, race are preserved and protected and not interfered with or suppressed by any action of the Governments. Even an apprehension should not be created in the minds of the people which would be certainly counter productive.".The Court ultimately rejected the bail plea of a the accused who has been charged with offences under the Unlawful Activities (Prevention) Act, the Explosives Act and provisions of the Indian Penal Code. .The Court reasoned that in view of the gravity of the alleged offences, the normal rules of bail not jail would not apply. .Larger views not relevant in case, learning languages a matter of personal choice: Justice R Hemalatha.The decision to deny the grant of bail was agreed to by Justice R Hemalatha, who was on the Division Bench considering plea along with Justice Kirubakaran. .However, she expressed that she does not subscribe to the other larger views expressed in Justice Kirubakaran's order concerning "the Tamil Organisations, the languages and the consequent suggestions given to the Government."."They are not relevant to the present petition", Justice Hemalatha said, while concluding on the following note, ."Learning languages is a matter of one's personal choice."Justice R Hemalatha.Do not to create impression in people's minds that their language is being suppressed: Justice Kirubakaran.In his lead opinion, Justice Kirubakaran has put forth certain suggestions for the Government to consider to ensure that the integrity and security of the nation is not jeopardized..In this regard, the Judge said that the Government is expected:Not to create an impression in the minds of the people that their language is being discriminated or suppressed;Not to create any apprehension in the minds of the people that only a few chosen languages are given prominence and recognition especially when there are about 22 languages recognized and listed in the VIII Schedule of the Constitution of India. These languages are entitled to equal treatment and protection, so that all Indian languages are well-developed and preserved.To deal with communal elements, religious, extremist forces very firmly..The Judge also cited examples of various separatist movements in the course of his order including the Khalistan movement, the National Liberation Front of Tripura, the United Liberation Front of Assam, the People Liberation Army of Manipur and also Naxalism in various States including Bihar, Jharkhand, Chattisgarh, Odissha, Telangana, Andhra Pradesh and borders of Tamil Nadu and Kerala..The Judge added, ."This Court is shuddered by media reports that some of the highly educated, respected personalities are having links and helping naxal movement, instead of bringing the misguided people to the main stream...To put it in a nutshell, our country is facing more danger in the hands of elements within the country rather than enemy countries. ".Referring to the seditious pamphlets of the Tamil Nadu Liberation Army, which demands for the liberation of the State of Tamil Nadu and the Tamil language, Justice Kirubakaran said, ."This kind of fringe elements are stated to be more active in Tamil Nadu and wearing the masks of NGOs, Human Rights Organisations and political groups are trying to create unrest in Tamil Nadu by way of continuous propaganda through media especially social media instigating the people to protest, creating fear psychosis and spreading hatred among the masses. However, it is to be noted that many of the NGOs and Human Rights Organizations are really doing yeomen service to the people.".General remarks were against organisations claiming to fight for the rights of the people without any faith in the system and which end up supporting "separatists, secessionists forces and those who celebrate our enemy countries and criminals in the name of violation of human rights."."Sometimes, these groups themselves make anti-national comments making use of 'Right to Expression' and 'Freedom of Expression'. By 'Freedom of Expression', one can protest against the Government and not against the nation. There is a huge difference between the fight against the people in power and fight against the country. These elements also do a lot to damage to our country and the democracy and therefore, people should be wary of those elements."Justice N Kirubakaran.The recent Galwan valley stand off between India and China also found mention in the Judge's order, which he noted: "exposed people who are lovers of the neighboring nation, as they openly support the enemy country." .Justice Kirubakaran added, ."The shocking fact is that many such elements cropped up in media to spread distorted news and exaggerate minor incidents.. They are not giving straight forward NEWS and only disseminate their VIEWS with name of NEWS to mislead people. These elements are threat to our nation. The fundamentalists and extremists which are a threat to national integrity and unity have to be nipped in the bud as the propaganda and their acts go against the very integrity of our nation and public welfare.".Having made these, among other, observations, Justice Kirubakaran has sounded a note of caution for the Government, stating.."Any action of the Government, which is likely to create an apprehension or give an impression that their language is discriminated or any other language is given prominence, would amount to adding fuel to the mischievous propaganda made by these secessionist forces.... The Governments should effectively deal with anti-national forces with an iron hand which are bent upon creating fear, unrest in the society in the name of 'language', 'race', 'religion', 'region' or 'ideology' and stall the development and divide the country."