The Gujarat High Court has ruled that private individuals cannot be compelled to use the Gujarati language, stating that the Court cannot issue a mandamus against private persons to enforce the use of Gujarati. The decision came during the hearing of a public interest litigation (PIL) filed by the Gujarati Vichar Manch, which sought the strict implementation of a circular issued by the State government on February 18, 2022. The circular mandated the use of Gujarati for official communications in public spaces and even private areas intended for public use, such as malls, cinemas, and restaurants.
The division bench of Chief Justice Sunita Agarwal and Justice Aniruddha Mayee observed that while Gujarati was widely used in most public spaces, the petitioner argued that private spaces like malls were not fully complying with the circular. Chief Justice Agarwal responded that the Court cannot enforce a mandate on private individuals to use the language.
"You will have to sensitize the private people. They cannot be forced by an order of the Court (to use Gujarati). You start a 'muhim' (campaign) sort of a thing to sensitize people. You can start with public meetings and public slogans. We cannot issue any mandamus," Chief Justice Agarwal stated.
The bench disposed of the PIL with a directive to the State authorities to ensure proper implementation of the circular. The Court highlighted that it cannot compel private individuals to adopt Gujarati but suggested sensitization campaigns to promote the language voluntarily.
The PIL case echoes a related matter in which a PIL petition was dismissed in August. The dismissed PIL sought directions to allow the use of Gujarati as an additional language in State courts. The Court held that administrative decisions, including those of the Chief Justice of the Supreme Court, were binding, and any disputes regarding such decisions must be addressed at the Supreme Court level.
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