Madhesh Province has failed to implement a law for official working languages, nine months after the Janakpur High Court issued a directive order for its establishment. This delay prolongs the constitutional right to mother tongues for the province’s diverse linguistic communities.
Despite nine years passing since the formation of provincial governments under federalism, Madhesh Province has not adopted its own mother tongues as official working languages. The process has been hindered by disagreements among speakers of Maithili, Bhojpuri, and Awadhi, particularly in a province where Maithili speakers are predominant.
On Falgun 26, 2083 (BS), a joint bench of Acting Chief Justice Tek Narayan Kunwar and Justice Shyam Kumar Bhattarai of the Janakpur High Court issued a directive order to the provincial government to enact the necessary laws. The full text of the verdict, which was certified on Baisakh 14, 2083 (BS), clarified that linguistic rights guaranteed by the constitution cannot be limited to mere policy declarations. The court emphasized that in a multilingual society, it is the state’s responsibility to ensure the identity, respect, and participation of all linguistic communities in state services.
Legislative setbacks and political instability
The Madhesh Province government had introduced the ‘Bill to Arrange for the Official Working Language of the Province, 2081’ to the Provincial Assembly on Kartik 8, 2081 (BS). However, the government decided to withdraw the bill on Magh 11, 2081 (BS).
According to Ram Ashish Yadav, the Speaker of the Provincial Assembly, the bill was withdrawn due to a lack of political consensus and insufficient preparation. Former Education and Culture Minister Rani Sharma Tiwari stated that the bill’s withdrawal was primarily due to inadequate discussion and political self-interest. She noted that while there were objections regarding the exclusion of Magahi and Tharu languages, the bill could have been amended through parliamentary debate.
The National Census 2078 (BS) indicates that 62 languages are spoken in Madhesh Province. Maithili is spoken by 41.73 percent of the total population, followed by Bhojpuri at 18.81 percent, and Bajjika at 18.44 percent. Nepali is spoken by 5.76 percent, Tharu by 4.17 percent, Urdu by 4.08 percent, and Magahi by 3.52 percent. The proposed bill had intended to make Nepali, Maithili, Bhojpuri, Bajjika, Hindi, and English official working languages. However, only 0.23 percent of the population in Madhesh Province speaks Hindi, and only 45 people use English.
Significance of linguistic rights in Madhesh
Language rights activist Rukshana Kapali filed a Right to Information request on Asoj 19, 2080 (BS), seeking details from the Office of the Chief Minister and Council of Ministers regarding efforts to establish national languages other than Nepali as official working languages. After the Chief Minister’s office responded on Magh 28, 2080 (BS), stating no action had been taken, Kapali filed a writ petition with the High Court.
The Janakpur High Court’s order interprets linguistic rights in Madhesh Province as fundamental rights, asserting that it is the state’s duty to enact laws for the implementation of a multilingual policy. The court emphasized the need for measures to empower historically marginalized linguistic communities, stating that equality is not limited to formal equality. The order highlights the necessity of proper inclusion of linguistic diversity in state structures, administrative processes, education systems, and judicial mechanisms.
Uncertainty of new legislation
Madhesh Province Chief Minister Satish Kumar Singh has stated that a new bill concerning the province’s official working languages will be introduced, respecting all communities. The new bill is expected to include Tharu and other previously omitted languages before being presented to the Provincial Assembly again. However, the exact timeline for the new bill’s submission and the specific languages to be included remain uncertain.
