Tongue-Tied by Patriotism

Author: Haripriya Rajendra Tiwari (Reshma), Adv. Balasaheb Apte College of Law


Headline of the Article
“Kos-kos par badle paani, chaar kos par baani”
(“Every few miles, the taste of water changes — and so does the language.”)
This age-old saying captures the very essence of India’s incredible linguistic diversity.
“Mother Tongue or Political Weapon? A Legal Autopsy of Linguistic Chauvinism in India”

To the Point
Linguistic pride is being manipulated as a political instrument, especially in Karnataka and Maharashtra, where regional language politics are inflamed not by the need for cultural preservation but by electoral gain. This article investigates how constitutional language rights are weaponised, explores relevant statutory provisions, and exposes the hypocrisy of political leaders who preach one thing and practice another.

Use of Legal Jargon
Linguistic Chauvinism – Excessive or prejudiced support for one’s own language, often at the cost of others.
Constitutional Morality – Adherence to the values enshrined in the Constitution over populist or majoritarian sentiment.
Officialisation – The legal process of designating a language as ‘official’ for administrative and legislative use.
Corpus Planning – Government efforts to develop and refine a language’s vocabulary and grammar.
Freedom of Expression: – The Constitution, through Article 19(1)(a), guarantees every citizen the right to speak and express freely, and that includes the freedom to choose the language they feel most comfortable in.
Public Mischief & Hate Speech (BNS Sections 197–198) – Criminal acts involving speech that incites violence or communal enmity based on language, caste, religion, etc.

The Proof
Maharashtra – Raj Thackeray’s 2025 Gudi Padwa Speech:
In a highly publicised address, MNS leader Raj Thackeray warned against disrespecting and not speaking Marathi, vowing retaliation. A subsequent Supreme Court petition alleged hate speech and intimidation against North Indians, exposing the threat to linguistic harmony.

Bengaluru – The Kannada Signboard Mandate (2023):
BBMP’s rule requiring 60% Kannada text on signboards led to vandalism by pro-Kannada groups. Despite legal protections for linguistic plurality, signboard owners were attacked and businesses defaced.

Other Incidents:
Assaults on doctors (2019),
Café controversy (2025),
Airport harassment (2023),
Resident shaming for not knowing Kannada (2024).
Despite India’s legal recognition of 22 scheduled languages, these instances reveal that the ground reality often contradicts constitutional safeguards.


Abstract
India’s linguistic diversity, celebrated constitutionally through provisions like Articles 343–351 and the 8th Schedule, is under siege from regional language chauvinism. While Hindi and English serve as Union languages, states like Maharashtra and Karnataka have weaponised language as a tool of exclusion, branding non-speakers as outsiders. This linguistic nationalism not only violates the spirit of unity in diversity but also contradicts basic constitutional rights under Articles 19, 21, and 29. Using statutory provisions under the Bharatiya Nyaya Sanhita, 2023, this article explores the legality, impact, and hypocrisy surrounding language-based hate and discrimination in India.
What the State Can Do:
• A state government can require Kannada or Marathi in official dealings, signboards, or school curricula to a certain extent.
• But it cannot force private citizens to speak only that language in daily life.


*There is no such law in India that mandates a person must speak only the official language of a particular state. Indian citizens have the constitutional right to speak any language of their choice, regardless of the state they are in*.


Case Laws / Legal Precedents
🪧 1. Signboard Vandalism Case (Karnataka, 2023):
KRV activists vandalised non-Kannada signboards under the BBMP’s rule. The state detained hundreds, but the act revealed a pattern of mob coercion justified under “language pride.”
Legal Relevance: Section 194, 197 BNS – Promoting enmity and public mischief.

🚖 2. Auto-Rickshaw Dispute (Bengaluru, 2023):
Viral altercation between driver and passenger over language preference, showcasing how linguistic imposition affects daily life.
Legal Angle: Together, Articles 19(1)(a) and 21 ensure not just freedom of speech, but also the liberty to communicate in a language that preserves personal dignity and cultural identity.


🏥 3. Assault on Doctors (2019):
KRV members assaulted doctors at Minto Hospital for not speaking Kannada. Twelve were arrested.
Legal Relevance: BNS Section 198 – Hate Speech.

🏢 4. Bengaluru Café Controversy (2025):
A café in Bengaluru became the centre of controversy after it put up a board that read “Hindi is the official language,” prompting protests from local language activists and igniting a broader conversation on linguistic rights and regional identity.

✈️ 5. Salman Yusuff Khan Airport Incident (2023):
Harassed for not speaking Kannada, despite being Bengaluru-born.
Legal Relevance: Article 21 – Dignity and personal liberty.

Conclusion
Linguistic loyalty in India is a constitutional value, not a coercive weapon. When political actors exploit language as a badge of identity to stir emotional or regionalist aggression, they corrode the very constitutional values they claim to uphold. Their hypocrisy is glaring—while they rally the youth under the banner of linguistic purity, their own children opt for English, German, or French education.
These are not acts of protection; they are performances of provocation. The use of language to divide, discriminate, and distract must be seen for what it is: a tool of political diversion masquerading as cultural devotion. Let the Constitution, not the crowd, decide which language deserves a voice—and let that voice be heard in harmony, not hostility.

FAQ
Q1. Is there a legal requirement to speak the state’s official language?
No. The Indian Constitution allows all citizens to speak any language of their choice (Article 19(1)(a)). States can recommend, but not enforce, language usage in daily life.

Q2. What is the punishment for hate speech based on language?
Under Section 198 of the BNS, 2023, hate speech based on language can attract up to 3 years imprisonment, a fine, or both.

Q3. Can a business be forced to use the regional language on signage?
Yes, to a limited extent. Municipal bodies can mandate partial use of local language (like BBMP’s 60% Kannada rule), but vandalism or forceful enforcement is illegal.

Q4. Can political speeches that incite language-based hatred be challenged in court?
Yes. Under Sections 194, 197, and 198 BNS, such speeches can be criminalized, and a writ petition or PIL can be filed against public authorities for inaction.

Q5. Why is inclusion in the 8th Schedule significant?
Scheduled languages receive government support, can be used in official exams, and are protected under Article 29. They also influence the corpus development of Hindi.

Q6. Is it unconstitutional to protest another language like Hindi?
Peaceful protest is legal. However, inciting violence or hate against speakers of a language violates Articles 21 and 19 and is punishable under the BNS.

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