The Kerala High Court has put a hold on the Lakshadweep administration’s decision to remove Mahal and Arabic from the school curriculum across the Union Territory.
The order came from a division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji, which observed that the petitioner had raised valid concerns regarding the cultural and educational impact of the move.
"The point emphasized by the Petitioner, which prima facie, we find merit in, is that for the implementation of the (National Education) Policy in a particular area, there has to be an application of mind and a study of local conditions to determine what is best for the educational interests of the community, in order to achieve the objectives of the Policy," the court noted. It added that the NEP itself encourages such context-specific analysis, particularly when it involves matters as culturally significant as language.
The judges acknowledged that courts typically avoid interfering in educational policy matters, especially in decisions involving curriculum and language choices. However, they made it clear that such deference is based on the assumption that policies are framed following expert study and broad consultation, something they found lacking in this case.
The controversial directive was issued on May 14 by the Lakshadweep Education Department under the 2023 National Curriculum Framework, linked to the 2020 National Education Policy. According to the order, all schools on Minicoy Island would now offer Malayalam and English as the first and second languages, with Hindi replacing both Mahal and Arabic as the third language.
The decision sparked widespread protests across the islands, particularly in Minicoy, where Mahal is the native language and a cornerstone of the local culture.
In response, Ajas Akber, a social worker and the Lakshadweep President of the National Students Union of India, filed a public interest litigation (PIL) challenging the order. He argued that Mahal is integral to the identity of Minicoy islanders and is taught only at the primary level to preserve their cultural heritage. He further contended that removing Mahal violates the constitutional rights of a linguistic minority.
The High Court has now stayed the Lakshadweep administration's order pending the outcome of the PIL. It also directed the Union Territory to carry out proper studies and engage in meaningful consultation with stakeholders before making any changes to the curriculum.
"If such studies and consultations are carried out, the administration may apply for appropriate orders, which will be considered on their individual merit," the Court said.