P L D 2025 Balochistan 135 (PLP)

MUHAMMAD HASHIM KHAN KAKAR, J.

This Constitutional Petition has been filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 ('the Constitution') by the petitioner, who seeks the implementation of the Balochistan Introduction of Mother Languages as Compulsory Additional Subject at Primary Level Act, 2014 ("the Act").

2. It is case of the petitioner that in the year 2014, the Provincial Assembly of Balochistan passed the aforementioned Act, which mandated the introduction of mother languages as a compulsory additional subject at the primary level in all educational institutions within the Province. The purpose of the Act was to preserve and promote linguistic diversity, cultural heritage, and to ensure the fundamental right to education of every citizen. As per the petitioner, the Government has consistently neglected its duty to implement the provisions of the Act effectively, thereby violating the rights of the citizens and undermining the constitutional supremacy.

3. Notices of the petition were issued to the respondents.

4. Learned Advocate General Balochistan (AAG) filed para-wise comments on behalf of the Secretary Secondary Education, Government of Balochistan. In Para 4 of the said comments, it is stated that: "As far as the current situation is concerned the mother tongue Act was promulgated in 2014 in Balochistan. According to the Act, certain local languages such as: Balochi, Brahvi, Pashto, Sindhi, and Persian should be taught in schools at Primary level as subjects. The Act did not focus on the mother tongue as medium of instruction and textbooks. Furthermore, each of the other tongue subjects needed teachers and time allocation at school level. This organization developed curricula and textbooks of Balochi, Brahvi, Pashtu, Sindh and Persian for Primary levels and issued NOCS. In this regard, of Future prospects, it is submitted that single National Curriculum (SNC 2020) and guidelines on medium of instructions from the Federal Ministry of Education and Professional Training has gestured flexibility in opting for declaring mother tongue as medium of instruction at Provincial level. Moreover, Balochistan Education Sector Plan (2020-2025) has clear guidelines to promote mother tongue in Province. As per the guideline of the Sector Plan, Bureau of Curriculum Balochistan will conduct research studies during the current year to find ways and means to promote mother tongue as medium of instruction and textbooks in Balochistan."

5. At the very outset, we may highlight that the issue raised in the instant petition is of great importance being related to our future generation. This issue is mostly faced by the people of third world countries, particularly those who remained colonies of super powers and after getting independence, are still facing the issue of national and regional languages as medium of education.

6. Before dilating upon the rival contentions of the parties, it would be advantageous to reproduce herein below the relevant provisions of the Constitution i.e. Article 28 and Article 251 of the Constitution, which read as under:

28. Preservation of language, script and culture.--Subject to Article 251 any section of citizens having a distinct language, script of culture shall have the right to preserve and promote the same and subject to law, establish institutions for that purpose." "

251. National language.--(1) The National language of Pakistan is Urdu, and arrangements shall be made for its being used for official and other purposes within fifteen years from the commencing day. (2) Subject to clause (1), the English language may be used for official purposes until arrangements area made for its replacement by Urdu. (3) Without prejudice to the status of the National Language, a Provincial Assembly may by law prescribe measure for the teaching, promotion and use of a provincial language in addition to the national language."

7. Keeping in view the Constitutional requirement and importance of the issue, the Provincial Assembly also enacted the Act of 2014; section 3 of the Act speaks as under:" 3. (1) without prejudice to the status of National language. Mother Language shall be used as compulsory additional subject in educational institutions at primary level. (2) The Government may by Notification in the official Gazette determine the Mother language to be as compulsory additional subject for teaching in a district. Provided that the Government shall decide the compulsory additional subject and assessment in Quetta city"

8. It is admitted feature of the case that neither the Federal Government has implemented Article 251 of the Constitution, despite the lapse of about 34 years nor the Provincial Government has taken any concrete step to preserve and promote the regional languages and implement the Act of 2014. It would also be relevant to reproduce the directions, issued by the Honourable Supreme Court of Pakistan in the case of "Muhammad Kowkab Iqbal v. Government of Pakistan" (PLD 2015 SC 1210) which read as under: "

19. Therefore, bearing in mind the constitutional commands in Articles 5 and 251 reproduced above and noting the inaction and failure of successive governments to implement this important provision, we have no option but to order as under:- (i) the provisions of Article 251 shall be implemented with full force and without unnecessary delay by the Federal and Provincial Governments; (ii) the time-lines (given in letter dated 6-7-2015 reproduced above) which are given by the Government itself must be considered for implementation by the Government in line with Article 251 for implementation: (iii) the Federal Government as well as Provincial Governments should coordinate with each other for uniformity in the "rasmulkhat" for the National language; (iv) Federal as well as provincial laws should be translated in the National languages within three months; (v) statutory, regulatory and oversight bodies shall take steps to implement Article 251 without unnecessary delay and also ensure compliance by regulates; (vi) in the competitive examinations at Federal level the recommendations of government bodies noted above, should be considered by the Government for implementation without unnecessary delay: (vii) Judgments in cases relating to public interest litigation and judgments enunciating a principle of law in terms of Article 189 must be translated in Urdu and should be published in line with Article 251 of the Constitution, (viii) in the Court cases government departments should make all reasonable efforts to submit their replies in Urdu to enable citizens to effectively enforce their legal rights; (ix) If, subsequent to this judgment, any public bodies or public officials continue to violate the constitutional command contained in Article 251, citizens who suffer a tangible loss directly and foreseeably resulting from such violation shall be entitled to enforce any civil rights which may accrue to them on this account."

9. Of course, it goes without saying that mother tongue is the language which a child starts hearing after being born and it always helps in providing a definite shape to our emotions and thoughts. If a student is educated in his/her mother tongue, the rate of his or her educational success is higher than who is taught in a different medium other than their mother tongue. It is also proven fact that a student taught in mother tongue can easily master a new language.

10. Right to education in mother tongue is the right of every child, unfortunately, in our country the majority of students are taught in a language other than however, their mother tongue, which compromises their ability to learn effectively. Our innocent children have no access to an education in a language they speak and understand. Panjabi, Balochi, Sindi, Pashtoo, Persian and Saraiki and other local languages are neither medium of education nor taught in our schools and there is every possibility of its disappearance while taking away with it an entire culture and intellectual heritage. Our children enter school not speaking the language of classroom. Our education system favour using national (Urdu) global (English) and Arabic languages instead of mother tongue.

11. It is very unfortunate that we focus only on international languages and ignore the remaining two i.e. mother and National language knowingly that the only way to save our regional languages is speaking, learning and writing them. Our regional languages are in danger and vulnerable category, its survival requires immediate attention because when a regional language dies, it also looses knowledge, heritage, culture, information and world view. It is by now an admitted fact among the social scientists that the idea of one nation and one language kills the diversity and mother languages. Unity does not mean uniformity and the unity of our beloved country lies in its diversity.

12. It is also important to mention here that the Government, in its response, acknowledges the existence of the Act but argues that its implementation has been delayed due to practical challenges and logistical issues. The Government claims to have taken certain preliminary steps towards implementing the Act. Be that as it may, the Government has a constitutional obligation to uphold and enforce the law. The mere existence of challenges does not absolve the Government from its duty to implement validly enacted legislation. It is the duty of the Government to adopt measures, including appropriate resource allocation and policy formation, to overcome these challenges and ensure effective implementation. In view of the above reasons, the petition is allowed and the respondents are directed to take immediate and concrete steps for implementing the provisions of Act of 2014 in their true letter and spirit and shall submit a detailed progress report to this court within 6 months, demonstrating the steps taken and the progress made towards the implementation of the Act. A copy of this judgment be transmitted to the Chief Secretary and Secretary Education, Government of Balochistan for immediate compliance. SA/10/Bal. Petition allowed.