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"When you learn a language, you don’t just learn to speak and write a new language. You also learn to be open-minded, liberal, tolerant, kind and considerate towards all mankind."
- Mouloud Benzadi
Our country cannot be defined by a single culture, religion, or community. As you journey across this vast land, languages shift, traditions evolve, and customs change. Yet, in recent times, some political voices have unfairly targeted Urdu, while others push for the dominance of one language over those who have grown up speaking entirely different tongues.
Geography and faith are not the same—just as Sikhs in Punjab may prefer Punjabi or Urdu, many Muslims in Uttar Pradesh or Delhi might be more at ease with Hindi.
Language is simply a bridge for communication, not a tool for division. Politicising it only weakens that bridge, leaving people stranded on opposite shores.
In times when Urdu has been targeted for being a language of a particular community, the Supreme Court batted for respect for linguistic diversity.
In Mrs Varshatai vs State of Maharashtra and Ors, the Supreme Court has held that let us make friends with Urdu and every other language. A bench of Justices Sudhanshu Dhulia and K Vinod Chandran observed, “Misconceptions, perhaps even our prejudices against a language, have to be courageously and truthfully tested against the reality, which is this great diversity of our nation: Our strength can never be our weakness.”
In Para 48 of the judgment, the court has beautifully spoken for Urdu itself, where it referred to a nazm by Iqbal Ashar.
“Urdu hai mirā naam maiñ 'Khusrav' kī pahelī kyuuñ mujh ko banāte ho ta.assub kā nishāna
maiñ ne to kabhī ḳhud ko musalmāñ nahīñ maanā
dekhā thā kabhī maiñ ne bhī ḳhushiyoñ kā zamāna
apne hī vatan meñ huuñ magar aaj akelī
urdu hai mirā naam maiñ 'Khusrav' kī pahelī”
(Urdu is my name, I am the riddle of 'Khusrav'
Do not hold me for your prejudices
I never considered myself a Muslim
I too have seen happier times
I feel like an outsider in my homeland today
Urdu is my name, I am the riddle of 'Khusrav')
The court was hearing a challenge to the use of Urdu in the signboard of a municipal council in Maharashtra. Varshatai Sanjay Bagade, a former member of the municipal council of Patur, was not happy with the use of ‘Urdu’ on the signboard of the new building of the council.
But, in addition to Urdu, the main language on the signboard was Marathi at the top, with its translation below in Urdu. The court also reminded her that Marathi and Urdu occupy the same position under Schedule VIII of the Constitution.
Initially, Varshatai had objected to the resolution passed by the municipal council, where it had noted that Urdu has been in use since 1956 due to its local prevalence in the area. Later, she approached the collector under Section 308 of the Maharashtra Municipal Councils Act, 1965, and the collector ruled in her favour and ordered exclusive use of Marathi.
As a result, she approached the Supreme Court in 2022, where she cited the Maharashtra Local Authorities (Official Languages) Act of 2022, which mandated Marathi for official purposes. The Supreme Court remanded the matter back to the Bombay High Court, which held that the Act mandates usage of Marathi, but does not in any manner prohibits additional languages like Urdu.
For context, the Maharashtra Local Authorities (Official Languages) Act, 2022 mandates Marathi as the sole official language for all local governing bodies (municipalities, councils, etc) in Maharashtra, requiring its use in official communications, public notices, signboards, and administrative work. While it prioritises Marathi, the Act does not explicitly ban the use of other languages (like Urdu or English) alongside it, provided Marathi remains dominant.
Varshatai had again approached the Supreme Court in 2024, challenging the dismissal order passed by the Bombay High Court. This time, the Supreme Court not only came down heavily on the Varshatai, but also held that Marathi and Urdu occupy the same position under Schedule VIII of the Indian Constitution. While commenting on the history of litigation by the appellant, the court said the following:
While dismissing the special leave petition, the Supreme Court held that the display of an additional language cannot, by itself, be said to be in violation of the provisions of the 2022 Act. It completely agreed with the reasoning given by the High Court that there is no prohibition on the use of Urdu under the 2022 Act or in any provision of law.
“Language is a medium for exchange of ideas that brings people holding diverse views and beliefs closer and it should not become a cause of their division," said the court.
It is pertinent to note that the debate surrounding languages is not new. In fact, it started even before Independence, and the need for greater use of Indian languages was also recognised during the Independence movement.
While referring to this debate, the court observed, “It was accepted by a large number of Indians that the Hindustani language, which is a product of amalgamation of various Indian languages such as Hindi, Urdu and Punjabi... and which a large mass of this country speaks.”
The court also commented on language used by the citizens of this country on a daily basis. It said that the language used is replete with words of the Urdu language, even if one is not aware of it.
“It would not be incorrect to say that one cannot have a day-to-day conversation in Hindi without using words of Urdu or words derived from Urdu. The word ‘Hindi’ itself comes from the Persian word ‘Hindavi’! This exchange of vocabulary flows both ways because Urdu also has many words borrowed from other Indian languages, including Sanskrit.”
Apart from the legal hurdles, the court has also commented upon the historical hurdles which Urdu as a language had to face during the Partition. It observed that it is now clear that the main reason behind this was the Partition of the nation in 1947 and adoption of Urdu by Pakistan as its national language.
“The ultimate victim was Hindustani," the court observed.
This ruling serves as a reminder that languages evolve through shared histories and collective usage, not exclusion. Urdu, like Hindi, Marathi, or English, is a tool for expression, not an identity marker. In a country as diverse as India, the freedom to communicate in one’s preferred language is not just a legal right but a cultural necessity. The court’s verdict is a step toward preserving that inclusivity—one word at a time.
(Areeb Uddin Ahmed is an advocate practicing at the Allahabad High Court. He writes on various legal developments. This is an opinion piece and the views expressed above are the author’s own. The Quint neither endorses nor is responsible for them.)
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