Tripura High Court
Sri Samir Chakma vs The State Of Tripura on 1 March, 2021
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HIGH COURT OF TRIPURA
AGARTALA
WP(C)(PIL) No.10 of 2016
Sri Samir Chakma
Son of Nakshatra Chakma, resident of Village and PO.- Nabincherra,
P.S-Pecharthal, District- Unakoti, PIN-799263.
-----Petitioner(s)
Versus
1. The State of Tripura
To be represented by the Secretary/Commissioner, Dept. of Education,
Government of Tripura, New Secretariat Complex, Khejurbagan, PS.-New Capital
Complex, Agartala, District-West Tripura, PIN-799006
2. The Director,
Directorate of Kokbarak and other Minority Languages, Gorkhabasti, Pandit
Nehru Complex, Agartala, PS.-New Capital Complex, District-West Tripura, PIN-
799001
3. Director of School Education,
Govt. of Tripura, Agartala, Akhaura Road, PS.-West Agartala, Agartala, District
West Tripura, PIN-799001
4. The Director of Higher Education,
Government of Tripura, Akhaura Road, Agartala, PS.-West Agartala, West
Tripura, PIN-799001
5. Tripura Tribal Areas Autonomous District Council,
To be represented by its Chief Executive Officer,
Khumlung, West Tripura
-----Respondent(s)
For Petitioner(s) : Mr. P. Roy Barman, Senior Advocate.
Ms. N. Ghosh, Advocate.
For Respondent(s) : Mr. M. Debbarma, Addl. GA.
Date of Judgment & Order : 1st March, 2021.
Whether fit for reporting : NO.
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B_E_F_O_R_E_
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY
JUDGMENT & ORDER (ORAL)
(Akil Kureshi, CJ)
The Petitioner belongs to Chakma Tribal Community and is resident
of State of Tripura. He has filed this petition in the nature of Public Interest
Litigation. His main prayer is that the State authorities be directed to impart
primary education to the children of Chakma Community in their mother tongue.
This would of course require not only setting up of a schools for such purpose, but
also preparing text books and trained teachers in Chakma language. The main
plank of the petitioner's argument as canvassed before us by Mr. Roy Barman,
learned Senior Counsel is that it is universally accepted that absorption of
knowledge of a child of young age is always best in his mother tongue. Our
attention was also drawn to Article 350A of the Constitution which provides that it
shall be the endeavour of every State and local authority to provide adequate
facilities for instruction in mother tongue at the primary stage of education to
children belonging to linguistic minority groups. He submitted that in rural areas
the percentage of result of the students even in primary level is extremely low
which can to a large extent be attributed to imparting of the education in a
language other than the mother tongue of the child.
[2] On 09.12.2019 after hearing advocates for the parties, the Court had
passed following order:
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"This petition in the nature of Public Interest Litigation has been filed by
an individual. He has taken up the cause of a tribal community of the
State of Tripura called Chakma. His main grievance is that in the State
there are no schools available for children belonging to the said
community where their mother tongue is a medium of instruction. The
petitioner would point out that the State Government run schools do offer
to teach Chakma language as an additional subject, which is compulsory
for all native students of Chakma community, however, there is not a
single school in the State; Government or private which even up to the
primary level, imparts education in Chakma language.
Learned counsel for the petitioner submitted that students of this
community as it is have limited opportunities and find it extremely
difficult to learn various subjects in languages such as Bengali and
English which are not their mother tongue. He submitted that by now it is
proved and universally accepted that a child is able to grasp basic
education in all subjects when it is imparted in his mother tongue.
Counsel relied on a private report based on a private survey conducted by
the petitioner to contend that the existing facilities in various Government
schools for teaching Chakma as a subject are inadequate.
Learned Advocate General, on the other hand, opposed the petition
contending that it may not be feasible to start a dedicated school where
medium of instruction would be exclusively Chakma language. He
pointed out the relative population figures of the State and its different
communities recorded in the census of 2011 and submitted that it would
be ultimately for the Government to consider the feasibility of starting any
such school.
Both sides have a valid point of view. It is undisputable that a child tends
to learn new subject best when taught in his mother tongue. Particularly,
if the children come from disadvantageous background, the effort of
learning a new subject in an alien language can seriously hamper his
progress. The Constitution also enjoins the duty on the State to preserve
the language, heritage and culture of minority communities, be it
religious or linguistic minority. Having said that, the question of
feasibility of starting a school imparting education in Chakma language
must primarily be considered by the State Government. There can be
multiple challenges such as availability of sufficient number of students,
availability of trained teachers and most importantly availability of text
books in the language. These would be some of the most relevant
considerations.
In view of such contrasting view points, presently we are not prepared to
take a final decision on the subject. At the first instance, we would request
the State Government to have a survey conducted through the experts in
the field which would cover the following aspects:-
(i) Approximate number of students of Chakma community studying in
various Government primary schools in the State;
(ii) A sample survey of how many of these students whose parents would
enroll them in a school exclusively imparting education in Chakma
medium;
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(iii) Approximate number of teachers required in different subjects if
such a school of sizable students were to be established;
(iv) The report may also state the issues concerning availability of text
books, if any such attempt were to be made.
Let this exercise be completed within 4 (four) months. The report be
placed before this Court."
[3] Pursuant to the said order the State Government has filed a further
affidavit dated 08th February, 2021 in which it has been stated that a survey as
directed was carried out and a report of the Expert Committee which was
constituted for such purpose, was submitted on 06.01.2020 as corrected by a
corrigendum issued on 14.01.2020. Upon perusal of the said survey report of the
Expert Committee the Government has prima facie formed an opinion that
publication of text books in all non-language subjects like Science, Mathematics,
Social Studies etc. in Chakma language will not be possible to be carried out
under the present conditions.
[4] The said report contains annexures, one of them giving state-wise
compilation sheet of district-wise breakup of the number of Chakma students in
primary schools, their proportion to the total number of students in their district
and the number of parents of these students as well as percentage of such parents
who agreed that given an opportunity they would admit their student to Chakma
medium school. The perusal of this data would show that the composition of
Chakma students in most of these districts is quite low. For example, in West
Tripura the percentage of Chakma students comes to 0.26 compared to all
students admitted, in Sepahijala it is 0.53 percent, in Khowai district it is 3.57
percent. Only significant proportion of Chakma students one can find is in South
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Tripura which is 25 percent but there the total number of students comes to only
184 and in Dhalai district the total number of Chakma students admitted is 1814
which represents 88.23 percentage of total students. Further, the percentage of
willing parents who shift their students to Chakma school in Dhalai district is 100
percent. In the rest of the districts this percentage varies widely.
[5] Starting a school of the kind suggested by the petitioner, would
have multiple considerations of not only availability of resources, of training
adequate number of teachers, preparing literature such as text books and reading
material as also other factors which would not immediately come to the mind of
the Court. Essentially this would be in the nature of a policy decision of the State
Government which of course would be guided by relevant factors.
[6] While therefore, not joining an issue with the contentions of
counsel for the petitioners that medium of instruction in a child's mother tongue
would ensure highest absorption and that even otherwise as per Article 350A of
the Constitution the State is required to make endeavour to provide sufficient
facilities for imparting education in a mother tongue at primary level the students
of linguistic minorities, we leave the decision for the State Government to make.
For such purpose let the petitioner approach the Secretary, Education with full
data and details in support of his demands. If such approach is made within a
period of one month from today, the Secretary shall take a decision thereon
within six months of the receipt and convey the same to the petitioner.
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[7] Petition is disposed of accordingly. Pending application(s), if any,
also stands disposed of.
(S.G. CHATTOPADHYAY), J (AKIL KURESHI), CJ
Rudradeep
