law, constitution and sanskrit (by hemant goswami)

31
Hemant Goswami [email protected]

Upload: burning-brain-society

Post on 18-Dec-2014

189 views

Category:

Education


1 download

DESCRIPTION

A lecture/presentation delivered by "Hemant Goswami" on August 10, 2014 at Punjab University, Chandigarh.

TRANSCRIPT

Page 1: Law, Constitution and Sanskrit (By Hemant Goswami)

Hemant Goswami [email protected]

Page 2: Law, Constitution and Sanskrit (By Hemant Goswami)

Mr. President : The question is ……………..

CHAPTER IV-SPECIAL DIRECTIVES 301-H. Language to be used for representation for redress of grievances. Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be.

301-I. Directive for development of Hindi. It shall be the duty of the Union to promote the spread of Hindi and to develop the language so as to serve as a medium of expression for all, the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expressions used in Hindustani and in the other languages of India, and drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages.

SCHEDULE VII-A

1…………….

10A. Sanskrit

11. …………..

The motion was adopted.

Page 3: Law, Constitution and Sanskrit (By Hemant Goswami)
Page 4: Law, Constitution and Sanskrit (By Hemant Goswami)
Page 5: Law, Constitution and Sanskrit (By Hemant Goswami)
Page 6: Law, Constitution and Sanskrit (By Hemant Goswami)
Page 7: Law, Constitution and Sanskrit (By Hemant Goswami)
Page 8: Law, Constitution and Sanskrit (By Hemant Goswami)

Sanskrit was being labeled as a Classical Language and referred to as a

DEAD Language

Page 9: Law, Constitution and Sanskrit (By Hemant Goswami)

Shri R. V. Dhulekar : I say it is the official language and it is the national language. You may demur to it. You may belong- to another nation but I belong to Indian nation, the Hindi Nation, the Hindu Nation, the Hindustani Nation. I do not know why you say it is not the National Language. Some of you want that Sanskrit be the national language-I may say Sanskrit is the international language. it is the language of the world. There are four thousand roots in Sanskrit language. Sanskrit is the root of all roots. Sanskrit is the language of the whole world. And you will see that some day when Hindi becomes the official and national language, Sanskrit will become the language of the world. Now, today because we are nationally minded, therefore I say that Hindi is the national language. You say, Hindi is the official language. but I say it is the national language.

Page 10: Law, Constitution and Sanskrit (By Hemant Goswami)

Pandit Lakshmi Kanta Maitra (West Bengal: General): ………….. I am sincerely convinced that if on the attainment of freedom, this country is to have at all anything like an official language which is also to be the national language of the country, it is undoubtedly Sanskrit. …………….. Mr. President, press on MY friends for acceptance of my amendment, that is, my proposal for adoption of Sanskrit as the national and official language of India

Page 11: Law, Constitution and Sanskrit (By Hemant Goswami)

Pandit Lakshmi Kanta Maitra : Sir, Sanskrit has the oldest and the most respectable pedigree of all the language in the world. I have got here a collection of opinions of some of the biggest orientalists that the world has ever produced; the concensus of opinion of men like Professor Maxmuller, Keith, Taylor, Sir William Hunter, Sir William Golebuk, Seleigman, Schopenhauer, Goether, not to speak of numerous other people like Macdonell and Dubois. All have accorded to Sanskrit the highest place, not to please us, because when these opinions were expressedwe were a subject race under a foreign power on whose behalf adverse propaganda was conducted against us by personages like Miss Mayo whose 'Mother India' was characterised by Mahatma Gandhi of hallowed memory as a "drain inspector's report". Notwithstanding all such adverse propaganda carried on against India by the interested agencies in foreign countries, the world came to know the real India, gradually through these great oricntalists who had devoted their lives to the study of the Sanskrit language and literature and an that is contained in it. These great servants unhesitatingly declared that Sanskrit was "the oldest and the richest language of the world," "the one language of the world," "the mother of all languages of the world."

If today India has got an opportunity after thousand years to shape her own destiny, I ask in all seriousness if she is going to feel ashamed to recognise the Sanskrit language-the revered grandmother of languages of the world, still alive with full vigour, full vitality? Are we going to deny here her rightful place in Free India ? That is a question which I solemnly ask. I know it will be said that it is a dead language. Yes. Dead to whom ? Dead to you, because you have become dead to all sense of grandeur, you have become dead to all which is great and noble in your own culture and civilisation. You have been chasing the shadow and have never tried to grasp the substance which is contained in your great literature. If Sanskrit is dead, may I say that Sanskrit is ruling us from her grave? Nobody can get away from Sanskrit in India, Even hi your proposal to make Hindi the State language of this country, you yourself provide in the very article that that language will have to draw its vocabulary freely from the Sanskrit language. You have given that indirect recognition to Sanskrit because you are otherwise helpless and powerless. …

Page 12: Law, Constitution and Sanskrit (By Hemant Goswami)

I Want to know whether my appeal evokes any response in the hearts of my friends from the north or the south. You should have the highest respect for Sanskrit, the language of your forefathers. Is it not the proper thing for you to do in difference to them, when you have got today the chance of shaping the future generations ? Let us bury our hatchets and cheerfully accept Sanskrit as the National and official language of free India. I honestly believe that if we accept Sanskrit, all these troubles, all these jealousies, all this bitternesswill vanish with all the psychological complex that has been created.

Page 13: Law, Constitution and Sanskrit (By Hemant Goswami)

Shri Lakshminarayan Sahu (Orissa: General) : ………So every man cannot learn all the words that 'any dictionary may contain. Naturally we have to select some words and reject others. This happens in the case of all the languages. You should just see that Sanskrit is the mother of all the provincial languages, and it contains so many words that, we can derive from it every word that we may need. But we do not always use that. I take the instance of a particular word 'Pavan' which is used in Orissa. This word is also in vogue in Sanskrit. It means 'air' but it does not get much currency, and in Bengali language no one understands this word. So I say that when we accept Hindi as national language, we should have to reject a few words…………. Then there is the question of accepting Sanskrit as the national language. If all the South Indian friends and others accept Sanskrit, I would have no objection and would accept it. ………..

Page 14: Law, Constitution and Sanskrit (By Hemant Goswami)

Shri Algu Rai Shastri (United Provinces : General) : The question may be asked as to what is our national language. There is no doubt that Sanskrit is the mother of all the languages spoken in India. An of them are derived from Sanskrit; for their vocabulary they have drawn upon Sanskrit which is an inexhaustible source of words. But Sanskrit, the mother of the current Indian languages, cannot be enthroned today on the pedestal of the national language. Its eldest and the seniormost daughter alone can today be the national language.

Page 15: Law, Constitution and Sanskrit (By Hemant Goswami)

Shri Kuladhar Chaliha (Assam : General) : ………Mr. President, Sir, after the speech of Dr. Subbarayan which was one of the most rational speeches evermade here in this House, if I come forward to support Sanskrit, I shall be taken as archaic or as an archaeological curiosity. I personally feel that we should have Sanskrit as our national language. Sanskrit and India are co-extensive. However much you can try, you cannot get away from Sanskrit. Our institutions are interwoven with it and values of our lives have been created out of its philosophy. All that is good and all that is valuable and all that we fight for and all that we hold precious have come from Sanskrit literature……………..

Now coming again to Sanskrit, it is the mother of all our provincial languages. We will become better Indians by adopting Sanskrit, because Sanskrit and India are co-extensive. Even if we adopt Hindi or Hindustani, we shall not be able to get away from Sanskrit, which has given us our philosophy and, all the beautiful things of the world. ……….

Page 16: Law, Constitution and Sanskrit (By Hemant Goswami)

Sardar Hukam Singh : My amendment No. 323 is that instead of Hindi in Devanagari script it should be Hindustani in the Roman script. That has already been moved by a very distinguished scholar and an eminent Member like Dr. Subbaroyan. I would not go over the ground again that has been covered already but I must say something about it.

I may make it clear in the beginning that when I passed my primary standard and had the option to elect Sanskrit or Persian as one of my elective subjects I chose Sanskrit and I developed a liking for it. I read it up to the matriculation. Even after I was elected a Member of this House and when this question arose here for the first time I was consulted by several Members and I gave my unreserved support for Hindi in the Devanagari script. I might emphasise here that I took it for granted that there could be no other language which could be accepted as the lingua franca or Rashtra Bhasha of our country.

As the days have passed I have changed my mind. The most enthusiastic Protagonists of this Hindi have alienated my sympathy and I must say that I agree with Mr. Anthony. I am one of those who have withdrawn their support from Hindi in Devanagari script simply because of the fanaticism and intolerance of those who support it. When I supported Hindi I understood that it was the language of the common people that could be spoken and understood by the ordinary man and that might sing sweet to his ears. Certainly I am for that language even now.

But when I have heard the ardent supporters of Hindi delivering their speeches on public platforms and in this house I am afraid that they axe, trying not to leave the language open to enrich itself from all other languages and let it grow as our common language, but they are trying to Sanskritise it and make it a close preserve. I do again make it clear that I am not against Sanskrit, and it' that is taken up straightaway I would support it. But as I find that it is not the intention of the House to take that up, therefore I say that we should be honest and say whether we are going to have a classical language and call it Hindi or whether we are going to adopt that language which is commonly understood and spoken by a majority of the population.

Page 17: Law, Constitution and Sanskrit (By Hemant Goswami)

Shri Purushottam Das Tandon: ….. Mr. Ayyangar said that that language is entirely lacking in the terminology which will be necessary. What shall I say to that proposition He himself says that he is not conversant with that language and yet he pronounces judgment upon it. I submit that that is not fair. I for my own part, submit that Hindi, with the resources of Sanskrit, about which so much has been said in this House and which I endorse fully-Hindi with the backing of Sanskrit, can face all the difficulties of vocabulary with ease. Even before the expiry of five years. it seems to me, we can conduct the work of the High Court in Hindi. But I say that in any case five years is a sufficient period. We do not require that for fifteen years ours work should be carried on in English. So why make it compulsory for us to continue to work in English for that long period ? Give us room enough to expand and then after fifteen years all the work that matters, for example the work of the Union, will become easier of accomplishment because Hindi provinces by that time will have created that atmosphere and built up that terminology which will be helpful to the whole country……….

Page 18: Law, Constitution and Sanskrit (By Hemant Goswami)

Shri Purushottam Das Tandon: "........ is on the whole, the most perfect and symmetrical of fall known alphabets. The Hindus hold that it came directly from the Gods-whence its name (i.e. Devanagari) and truly its wonderful adaptation to the symmetry of the sacred Sanskrit-seems almost to raise it above the level of human inventions.“ The late Sir Isaac Pitman, the great English inventor of phonography said: "If in the world we have any alphabets the most perfect. it is those Hindi ones." ………….. ………… Then,. Sir, something was said about the adoption of Sanskrit. I bow to. those who love Sanskrit. I am one of them. I love Sanskrit. I think every Indian born in this country should learn Sanskrit. Sanskrit preserves our ancient heritage for us. But today it seems to me-if it could be adopted I would be happy and I would vote for it--but it seems to me that it is not a practicable proposition that Sanskrit should be adopted as the official language.

Page 19: Law, Constitution and Sanskrit (By Hemant Goswami)

Pandit Lakshmi Kanta Maitra: After fifteen years it will be all right, (To Make Sanskrit Official Language) though it is not today.

Shri Purushottam Das Tandon: I do not think that today in our Constitution it will be Possible for us to say that Sanskrit should take the place of Hindi. I think the most practical view is to adopt Hindi as the language for official purposes………………. perfect Devanagari script which has come down to us from time immemorial we should have Hindi as the official language. It is not right that all of a sudden, when the public have not been educated about it, when the subject has not been before them for a sufficiently long time, the Constituent Assembly should decide that Nagari numerals should be taken out of that script and the so-called international numerals or English numerals should take their place. There is some feeling among Members from South India about using the English numerals since they are using them in their languages ……….. My Friend Dr. S. P. Mookerjee made a kind of personal appeal to me I am grateful to him for it. I also wish that our language resolution could be passed. unanimously. With that object, although I feel strongly that Devanagari numerals should not be, inter-fared with in any manner, in order to meet the wishes of our friends from the South I have come forward with a formula. I hope that it will be possible for you to accept it. I say : let both Indian and international numerals be recognised for the purpose of the Devanagari script for fifteen years and let the President, that is the Government, decide from time to time as to where one set of numerals is to be used and where the other set is to be used…………..

Page 20: Law, Constitution and Sanskrit (By Hemant Goswami)

N. Gopalaswami Ayyangar: ……..We have an article in that particular Part which directs the State to take steps for promoting the development of the Hindi language, to take all steps that may be necessary for enriching it, for enabling it to draw upon Hindustani and other languages in the country for styles, forms of expression and so on and for enriching its vocabulary by borrowing in the first instance from Sanskrit and secondarily from all other languages in the world. That is a comprehensive directive which we have put into this Part XIV-A and I am sure that whatever Government may be in power after this Constitution comes into force, will take steps necessary for promoting this particular object and in doing so the suggestion of Mr. Krishnamoorthy Rao will, I have no doubt, be implemented……………

Page 21: Law, Constitution and Sanskrit (By Hemant Goswami)

Maulana Hasrat Mohani: I demand a referendum in U.P. on whether it is to be a Hindi or Hindustani province. Not a single person speaks Hindi in the Sanskritised form there.

Mr. Mohamed Ismail : It is agreed that the official language of the Union shall be an Indian language. It is also agreed that that language must be one that is spoken by the largest number of the people of the Union. It is further agreed that that language must be such in nature as to be able to assimilate the modem tendencies and modern conditions in our national life. With regard to these points I do not think there is any disagreement. But what exactly is the language which satisfies all these conditions is a matter of discussion and controversy. On this matter I cannot do better than quote the authority of Mahatma Gandhi. In an article which was published on August 10, 1947, Mahatma Gandhi says : "In Delhi I daily come in contact with Hindus and Muslims, The number of Hindus is larger. Most of them speak a language which has very few Sanskrit words and not many more Persian or Arabic. They or the vast majority do not know the Devanagari script. They write to me in indifferent English and when I take them to task for writing in a foreign language, they write in Urdu script. If the lingua franca is to be'Hindi and the script only Devanagari, what will be the plight of these Hindus ?" That is the question Mahatma Gandhi asked, not very many years ago but as late as August 1947. It may be said that he refers here only to Delhi and the surrounding parts.

Maulana Hasrat Mohani: I want to have my adverse vote recorded with the remark..........

Page 22: Law, Constitution and Sanskrit (By Hemant Goswami)

Shri Shankarrao Deo : So when you say that Hindi is spoken by the majority of the country I doubt it. I can only concede that it is perhaps understood by the majority, and that too, not the present high-flown Sanskritised Hindi which is understood by Pandits only. As Gandhiji said it should be a simple language which could be understood by the people in the villages of the North. Just as we speak Marathi, others speak tamil or Telugu. Hindi is not spoken by 14 crores. If to-morrow it so happens that the capital is transferred from here, to Madura or to Trivandrum, I am not sure after fifty years the language spoken by the majority in this country will not be Tamil or Telugu. After all, people from the South come to the North, not for the language, not for the culture that Hindi gives but to earn their livelihood. I do not want to belittle the culture or the richness of Hindi, but as far as culture goes, I can receive it from my own language, Marathi and Sanskrit, the grandmother of all languages. They are rich enough to do that.

Page 23: Law, Constitution and Sanskrit (By Hemant Goswami)

Shri K. M. Munshi: ………..I cannot understand how there can be any version of our Constitution in any Indian language without our having to coin new words to express the legal and constitutional concepts which we have expressed in English in this Constitution. In all our languages, except Sanskrit, there is no complete vocabulary of legal and constitutional terms. Even the Sanskrit Vocabulary is inadequate and we may have to coin new words in order to express certain modem concepts of constitutional law. Therefore, it is inevitable, I submit, that whichever the translation, it will have to be largely drawn from Sanskrit. ……………. I think it is necessary that our new terminology should be largely drawn from Sanskrit introduced in words or words which are framed on the basis of Sanskrit roots. As soon as that is done, I am sure it will provide a nucleus for not only consolidating the phraseology of all our Indian languages, but lay the foundation of the new Hindi, the lines of development of which this House decided upon three days ago. With these words, I commend this resolution for the acceptance of the House. .

Mr. President : Now that the Assembly has adopted this resolution ……. It would be in the interests of the development of the country as a whole if we could have one uniform vocabulary for such expressions, at any, rate for those parts of the country where the languages spoken are of Sanskritic origin. ……………

Page 24: Law, Constitution and Sanskrit (By Hemant Goswami)

Article 351: Directive for development of the Hindi language:- It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages.

Page 25: Law, Constitution and Sanskrit (By Hemant Goswami)

Article 343: Official language of the Union (1) The official language of the Union shall be Hindi in Devanagari script The form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals

(2) Notwithstanding anything in clause ( 1 ), for a period of fifteen years from the commencement of this Constitution, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement: Provided that the president may, during the said period, by order authorise the use of the Hindi language in addition to the English language and of the Devanagari form of numerals in addition to the international form of Indian numerals for any of the official purposes of the Union

(3) Notwithstanding anything in this article, Parliament may by law provide for the use, after the said period of fifteen years, of (a) the English language, or

(b) the Devanagari form of numerals, for such purposes as may be specified in the law

Page 26: Law, Constitution and Sanskrit (By Hemant Goswami)

Article 344: Commission and Committee of Parliament on official language (1) The President shall, at the expiration of five years from the commencement of this Constitution and thereafter at the expiration of ten years from such commencement, by order constitute a Commission which shall consist of a Chairman and such other members representing the different languages specified in the English Schedule as the President may appoint, and the order shall define the procedure to be followed by the Commission

(2) It shall be the duty of the Commission to make recommendations to the President as to (a) the progressive use of the Hindi language for the official purposes of the Union;

(b) restrictions on the use of the English language for all or any of the official purposes of the Union;

(c) the language to be used for all or any of the purposes mentioned in Article 348;

(d) the form of numerals to be used for any one or more specified purposes of the Union;

(e) any other matter referred to the Commission by the President as regards the official language of the Union and the language for communication between the Union and a State or between one State and another and their use

Page 27: Law, Constitution and Sanskrit (By Hemant Goswami)

Article 350: Language to be used in representations for redress of grievances Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be

Article 350: 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 may direct, and the President shall cause all such reports to be laid before each House of Parliament, and sent to the Governments of the States concerned

Page 28: Law, Constitution and Sanskrit (By Hemant Goswami)

Writ petition (C) No.299 of 1989 - Shri Santosh Kumar & Others Vs. The Secretary Ministry of Human Resources Development and Anr

……………

11. It is well known that Sanskrit is a mother of all Indo-Aryan languages and it is this language in which our Vedas, Puranas and Upanishads have been written and in which Kalidasa, Bhavabhuti, Banabhatta and Dandi wrote their classics. Teachings of Shankaracharya, Ramanuja, Madhawacharya, Nimbarka and Vallabhacharya would not have been woven into the fabric of Indian culture if Sanskrit would not have been available to them as a medium of expressing their thoughts.

12. The report of the Sanskrit Commission (set up by the Government of India) which was submitted in 1957 speaks eloquently about the importance of Sanskrit. …………….

we entertain no doubt in our mind that teaching of Sanskrit alone as an elective subject can in no way be regarded as against secularism. Indeed, our constitution requires giving of fillip to Sanskrit because of what has been stated in Article 351. in which while dealing with the duty of the Union to promote the spread of Hindi, it has been provided that, it would draw, whenever necessary or desirable, for its vocabulary, primarily on Sanskrit. Encouragement to Sanskrit is also necessary because of it being one of the languages included in the Eighth Schedule.

Page 29: Law, Constitution and Sanskrit (By Hemant Goswami)

20. We, therefore, conclude by saying that in view of importance of Sanskrit for nurturing our cultural heritage, because of which even the official education policy has highlighted the need of study of Sanskrit, making of Sanskrit alone as an elective subject, while not conceding this status to Arabic and or Persian, would not in any way militate against the basic tenet of secularism. There is thus no merit in the first objection raised by the Board.

21. In the aforesaid premises, we direct the Board to include Sanskrit as an elective subject in the syllabus under consideration. Necessary amendment in the syllabus shall be made within a period of three months from today.

Page 30: Law, Constitution and Sanskrit (By Hemant Goswami)

Hon'ble Supreme Court indicated that status of “Minority” on the basis of language can be granted, and observed as follows,

“Differential treatments to linguistic minorities based on language within the state is understandable but if the same concept for minorities on the basis of religion is encouraged, the whole country, which is already under class and social conflicts due to various divisive forces, will further face division on the basis of religious diversities.”

Page 31: Law, Constitution and Sanskrit (By Hemant Goswami)

There is so much more, but

So little time ……….

Thank You