The official language is critical for smooth governance both in the legislative and administrative spheres. The languages are used for official purposes in a state and country. The Jammu & Kashmir Official Languages Act 2020 states that all official transactions in the Legislative Assembly of the Union Territory of J&K shall be in the official language. Therefore, stipulating an official language of Jammu and Kashmir is necessary. The Act was enacted on September 26, 2020 and provisioned the following terms and conditions.
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What does the J&K Official Languages Act Entail?
After the Jammu & Kashmir Reorganization Act, 2019, the Jammu and Kashmir Official Language Act is a landmark Act for the Union Territories of Jammu and Kashmir. The Act declares specific languages as official languages. Prior to this Act, only English and Urdu were the official languages. The non-inclusion of Punjabi, Gojri, or Pahari languages as the official language was a bone of contention as nearly 13 lakh Punjabi people reside in Jammu & Kashmir.
As per data, nearly 74% of the population of the state is Kashmiri and Dogri. Therefore, the the non-inclusion of these languages in the list of official languages remains controversial. Despite only 0.16% of people speaking Urdu, the language was listed as the official language of the state. Approximately 2.3% of people speak Hindi in J&K.
How was the Act Enacted?
In 2020, the Jammu & Kashmir Official Languages Bill was introduced. This bill was subsequently approved and became an Act.
| The Jammu & Kashmir Official Languages Bill was first introduced in the Lok Sabha on September 22, 2020. |
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| The Bill was passed in the Lok Sabha on September 22, 2020. |
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| The Bill again passed in the Rajya Sabha on September 23, 2020. |
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| The Bill was enacted as The Jammu & Kashmir Official Languages Act, 2020 on September 26, 2020. |
The Union Cabinet headed by Prime Minister Narendra Modi approved The Jammu & Kashmir Official Languages Act, 2020. The Bill was introduced in the monsoon session of the Parliament in 2020. As per the Act, Kashmiri, Dogri, Urdu, English, and Hindi can be included as the official languages for the newly established territories of Jammu and Kashmir. However, the Act is not applicable to the territory of Ladakh.
What is the language of Jammu and Kashmir?
Before the commencement of this Act, English and Urdu were only the official languages of the state before the bifurcation of the state on August 5, 2019. After enactment of this Act, Dogri, Bodo, Maithili, and Santhali were also added as scheduled languages in the Eighth Schedule of the Constitution and 92nd Amendment Act 2003.
Objective of the Jammu and Kashmir Official Languages Act
As per the Preamble of the Act, the primary objective of the Act was to fix the official language for the Union Territory of Jammu and Kashmir to be used for official purposes and all relevant matters.
Provisions of the Act
The Act contains four Sections, where Section 2 provides for the definition of the Union Territory and Administrator.
Section 1: Short title, extent, and commencement
- This Act is applicable over the territory of Jammu and Kashmir.
- By notification in the official gazette, the Central Government enforced the Act on September 29, 2020.
- The administrator shall have the power to appoint dates for various areas of the Union Territories.
Section 2: Definition clause
As per Section 2, ‘Administrator’ may be defined as the Lieutenant Governor of Jammu and Kashmir appointed by the President under Article 239 of the Indian Constitution. Furthermore, it defines ‘Union Territory’ as the Union Territory of Jammu and Kashmir.
Section 3: Official Languages of Union territory
According to this section, Kashmiri, Dogri, Hindi, Urdu, and English were declared as the official languages of the Union Territory from such date as the administrator appoints. English shall continue to be used for official and administrative purposes. All business of the Legislative Assembly of Jammu and Kashmir shall be conducted in official languages.
Section 4: Promotion and development of regional languages
The section empowers the administrator to strengthen the existing institutional mechanisms like the Academy of Art, languages in Jammu and Kashmir, and culture of the Union Territory, and safeguard, promote, and develop regional languages. Such institutional mechanisms shall also create and promote Gojri, Pahari, and Punjabi languages.
Criticism of the Act
The Act was criticised for the following:
- Urdu lost its status as the sole official language: Initially, the Persian language was the official language of the Kingdom which enjoyed this status for more than 300 years. The Dogra Ruler Pratap Singh 1889 adopted Urdu as the official language for the Princely Kingdom of Jammu & Kashmir. Urdu remained as the sole Official language for 131 years.
- Exclusion of Punjabi: Punjabi was not included in the list of official languages, which was considered an anti-minority move.
- Inclusion of more languages: Because many languages were not included in the list of official languages, the demand for including more Jammu and Kashmir languages has been triggered.
Under the sixth schedule of the Constitution of the State of Jammu & Kashmir, Kashmiri, Dogri, Balti(Pali), Dardi, Punjabi, Pahari, Ladakhi, and Gojri were the regional languages of the state.
Conclusion
The Jammu and Kashmir Official Language Act specifies the official language of Jammu and Kashmir. These languages include languages widely spoken and understood by the population, reflecting the linguistic diversity of the region. The languages protect and promote linguistic rights by establishing a language commission under specific constitutional provisions and provisions of the Jammu & Kashmir Official Languages Act, 2020.
FAQs on the Official Language of the Jammu and Kashmir Act
When was the Jammu & Kashmir Official Language Act enacted?
The Jammu & Kashmir Official Language Act 2020 was enacted on September 26, 2020.
What was the primary purpose behind enacting this Act?
The primary purpose behind the Act was to set up an official language for the Union Territory of Jammu & Kashmir for use in the state's legislative assembly.
What was the official language of Jammu & Kashmir before the Act was passed?
English and Urdu were the official languages of Jammu & Kashmir before the commencement of the Act.
What are the official languages after passing the Jammu and Kashmir Official Language Act?
Kashmiri, Dogri, Urdu, English, and Hindi became the official language of the state of Jammu and Kashmir.
What was the major criticism about the Jammu and Kashmir Official Language Act?
The major criticism was that Urdu lost the status of the sole official language of the Jammu and Kashmir Union Territories. Punjabi, Gojri, and Pahari were not included in the list of official languages.
