Even as the Assembly has resolved to look at the private member resolution to move an amendment to the Goa Official Language Act, by independent MLA Naresh Sawal, to make Marathi as the Official language of Goa, there are serious questions on whether this amendment will stand the test of legal scrutiny.
The emotive issues apart and the sudden rise of voices seeking to unearth the ghosts of the very violent and disturbing language agitation, which no government, especially in election year would like to deal with, the resolution moved by Naresh Sawal and backed by the House, appears to defy the very legislative intent of the Official Language Act. Section 3 of the Goa Daman and Diu, Official Language Act 1987 is unequivocal in its intent. It states in sub section (1) “With effect from such date… Konkani language SHALL.., be the official language for all or any of the purposes.
There are two non-deniable facts that get established under this section and clause, the most vital of the Act. Firstly Konkani became exclusively, the language of Goa. It wasn’t just included as one of the languages for official purposes. It was THE only official language. This left no room for inclusion but exclusivity. The selection of language became a pre requisite for statehood. After a violent battle, broadly called the Konkani language agitation, Konkani became Goa’s official language. While maintaining this exclusivity, the Act stated that the use of Marathi in case of the “district of Goa’ and the use of Gujarati in the Daman & Diu “districts’”, “shall also be used for all or any of the official purposes”.
These two intentions were clear to last a life time and the Resolution moved by Sawal, can never change this intent. And the intentions were a) The state will have only one language, made clear by the title “Official LANGUAGE Act” and b) Marathi in the case of Goa, would not be excluded for all or any of the official purposes.
Not a word in the Act even hinted at the isolation of Marathi. In fact it took care to ensure that Marathi was given its place, in a territory where an official language had to been chosen before statehood and Konkani was chosen as THAT language.
Meanwhile let’s look at the arguments put forth by those who are backing the resolution and actually making a case for Marathi to be included or even replaced as Goa’s Official language. We actually quote from a letter from a reader, who writes, “The debate over Marathi being granted an Official Language status was never settled by the Official Language Act, 1987”. He goes onto add, “Are the Goan Marathi dramas, bhajans, aratis, etc. not in Marathi? Are they not an intrinsic part and parcel of our culture? Marathi is as much a Goan language as Konkani is”. The response to this line of argument is simple. Simply look at the Official Language Act. Taking section 3 (1) further, the Act states “Provided further that nothing contained in this sub-section, shall be deemed to affect the use of the Marathi and Gujarati languages in educational, social and cultural fields”.
The very fact that this state and its people have not just allowed, but embraced, loved and rejoiced in the melody of bhajans and the sublime grandeur of aratis, is evident that the language issue has been settled and there is indeed no issue. The Act has gone even further to state nothing in it will affect the use of Marathi in educational, social and cultural fields. And for the past 30 years, nothing has indeed affected the use of Marathi in Goa’s cultural and social space. Hence the apprehensions expressed are unreal.
And further, this very Act actually lays down in clear terms, which has surprisingly not been a part of the discourse on the Medium of Instruction, that “Provided further that the Government shall NOT, in granting aid to any educational or cultural institution, discriminate against such institution only on the ground of language”. While these lines put the sharpest focus on the “MoI issue” as it is called, Mr Naresh Sawal, and those backing the amendment to the Official Language Act, should understand and realise, that the legal sanctity of their stand of grants to Marathi schools, comes from this very Act. And the same privilege is envisaged for English schools as well. But the narrative of the lobby backing Marathi is exclusion of English and the exclusive inclusion of Marathi.
Does this argument really work? It doesn’t. We need very convincing answers backed by Acts, to be convinced otherwise.
