The
Supreme Court on Tuesday upheld the use of Urdu alongside Marathi on the
signboard of a municipal council in Patur, Maharashtra, ruling that both
languages enjoy equal constitutional status.
According
to a report, a bench of Justices Sudhanshu Dhulia and K Vinod Chandran
delivered the verdict while dismissing a petition filed by Varshatai Sanjay
Bagade, a former councillor from Patur.
Bagade
challenged the Municipal Council’s use of Urdu, arguing that only Marathi
should be displayed as per the Maharashtra Local Authorities (Official
Languages) Act, 2022.
Rejecting
this claim, the court said, “There is no prohibition on the use of Urdu under
the 2022 Act or in any provision of law...Marathi and Urdu occupy the same
position under Schedule VIII of the Constitution of India.”
The Court noted that Urdu had been used on the
council’s signboards since 1956 and was understood by a significant part of the
local population. It pointed out that Bagade was not legally authorised to
raise such objections, as only the Chief Officer of the Municipal Council could
do so under the relevant law.
Highlighting
the cultural significance of Urdu, the court remarked that the language,
despite being born in India, had wrongly come to be associated with a
particular religion.
“This is not an occasion to have an elaborate
discussion on the rise and fall of Urdu, but this much can be stated that this
fusion of the two languages Hindi and Urdu met a roadblock in the form of the
puritans on both sides and Hindi became more Sanskritized and Urdu more
Persian,” the court said.
“A
schism exploited by the colonial powers...which is such a pitiable digression
from reality; from unity in diversity; and the concept of universal
brotherhood,” it added.
The
Court underlined that Urdu is an Indo-Aryan language with deep roots in India.
“The prejudice against Urdu stems from the misconception that Urdu is alien to
India. This opinion, we are afraid, is incorrect...Urdu developed and
flourished in India due to the need for people belonging to different cultural
milieus who wanted to exchange ideas and communicate amongst themselves.”
Further
speaking on language and identity, the court stressed that language should not
be confused with religion. “Language is not religion. Language does not even
represent religion. Language belongs to a community, to a region, to people;
and not to a religion. Language is culture.”
The
judgment highlights the significant presence of Urdu in the Indian legal
system. “Urdu words have a heavy influence on court parlance, both in criminal
and civil law. From Adalat to halafnama to peshi, the influence of Urdu is writ
large in the language of the Indian courts.”
Calling
for an inclusive approach to India’s linguistic diversity, the Court added,
“Language is a medium for exchange of ideas that brings people holding diverse
views and beliefs closer and it should not become a cause of their
division...If people or a group of people, residing within the area covered by
the Municipal Council are familiar with Urdu, then there should not be any
objection if Urdu is used in addition to the official language, that is,
Marathi.”