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Chief Justice Ritu Raj Awashti and Justice Sachin Shankar Magadum of the Karnataka High Court has ordered the state government to not foce students to take up Kannada a compulsory subject for degree courses. The Court was hearing two petitions that challenged Government Orders issued on August 7 and September 15, 2021.

The Karnataka government via Government Orders (GOs) issued on August 7, 2021, and September, 15, 2021 made Kannada one of the two languages to be compulsorily studied in degree courses irrespective of the languages they studied up to class XII, the state from which they hail from, and their mother tongue or the regional language. The State government contends that the said order has been passed to comply with National Education Policy (NEP)-2020.

The plea filed by Samskrita Bharati Karnataka Trust, stated that the government order affects 1,32,000 students. The petition stated:

Karnataka state is globally acclaimed for its achievements in the high technology arena and as an innovation and manufacturing hub. Students from different states come to Karnataka to study. Karnataka is therefore a melting pot for students of different states, cultures and languages and this environment has made it a diverse environment for people from different parts of the country. Karnataka's inclusive environment with its diversity makes it an ideal destination for education.

While Kannada is an intrinsic part of the culture and history of the State of Karnataka, it is not the only language which is spoken in the State. Languages such as Tulu, Konkani, Kodava, Beary, Sankheti, Nawayathi, Lambani and Sanskrit are also prevalent in certain parts of Karnataka."

The petitioner had also contended that under the Kannada Language Learning Act, the students from class I to X studying in the State of Karnataka are already learning Kannada as a language. Further, it has been contended that the said order is contrary to the freedom of speech and expression guaranteed under Article 19 of the Constitution of India. It takes away the freedom to choose a language for study and makes it mandatory for all students in Karnataka to take up Kannada as a language in degree courses offered in all streams of science, commerce and arts.

Ordering the state not to politicise the issue, the Court noted the order is for all students and stated:

"State government at this stage shall not insist on making language compulsory. Those students who have taken the Kannada language on the basis of their choice may do so, all such students who do not wish to take the Kannada language shall not be compelled to pursue the Kannada language, till further orders," said the court in a statement.

Samskrita Bharati Karnataka Trust v. Union Of India