Amended Language law pregnant with mischief: Bhasha Andolan gives the Govt two months

Subhas Chandra Pattanayak

The windup of the 12th session of the 15th Legislative Assembly of Orissa scheduled to continue till 05.05.2018 was advanced to 01.05 2018.

Bowing to the demand of Bhasha Andolan, the State Government placed a Bill to amend Odisha Official Language Act, 1954, providing for punishment against nonuse of Oriya language in matters of administration. The Assembly unanimously adopted the Bill on this last day of the session.

But the Bill is pregnant with mischief, which, if not corrected, may lead to punishing the people for the guilt of the public servants.

With strong resentment against this mischief, however, as its basic demand for equipping the Act with the essential ingredient of punishment for contraveners has been honored in the amendment, the Bhasha Andolan has declared to postpone its Black Flag campaign for two months, without braking the movement, so that, the Government may remove the mischief to make Oriya the inviolable medium of administration.

Victory of Bhasha Andolan

Bhasha Andolan has every reason to rejoice over its achievement that sic passim even the debate in Assembly on the Bill.

While participating in the debate, members of the Assembly, who always speak in English to show off their elitism, spoke in Oriya.

A habitual English user Capt. Dibya Singh Mishra, no sooner than beginning in English, switched over to Oriya, which, he fluently and flawlessly spoke! He admitted that 93% of Orissa’s population use their mother tongue Oriya in all their expressions and works, whereas only 7% use Oriya mixed with or alternatively in English.

As a documentation of this historic moment I present the entire debate here.

Now the question is: why the Bhasha Andolan is not completely satisfied with this amendment?

Why the movement not wound up>

This is because,the amended legislation has a design to punish the people of Orissa for contravention of the language law instead of punishing the contraveners. It says:

“The State Government may prescribe suitable measures in the rules to award incentives to officials or Departments for extensive use of the official language and also to punish the erring officials or Departments.

Three defects are distinctly discernible in the syntax of this single-sentence insertion in the Act:

1. The words “extensive use of the official language” mean that, there shall be no total use of official language;

2. The words “Official language” do not mean Oriya Language alone, as the 1963 amendment by Biju Patnaik has also made English an official language “in addition to Oriya”. This means, the officials can use English language extensively and get rewarded for the same; and

3. The words “officials or Departments” mean either the officials or the department, which make it unambiguously clear that for nonuse of Oriya language in rendering service, either an official may be punished OR the Department to which he/she belongs may be punished.This inherent defect can easily help the erring officials escape punishment.

These defects were never seen and discussed by any member who participated in the debate. They even did not look at the ‘Statement of Objects and Reason’, which is the basis of the legislation. Had they really addressed themselves to the legislation, they should have refused their support to the Bill as a fraud being played by the Chief Minister on the Council of Ministers as well as the people.The following two reasons should have guided them:

1. The Chief Minister has played fraud on the Cabinet by obliterating its decision on Language in its 52nd meeting on 14.03.2018 by illegally reviving the notorious decision of the 51st meeting;
2. In the Bill, by providing for punishment to “Officials OR Departments” a design is laid to punish the people for the guilt of public servants.

Let me elaborate.

Firstly, the 52nd meeting of the Cabinet, which the CM has clandestinely killed, had said:

“Though the Act is very old and is in force since 1954, the provisions of the notification issued under sub section (2) of section 2 of the said Act vide notification No.7152-Gen.,dtd 29.03.1985 published in the extraordinary issue of the Odisha gazette No.562 dtd 10.04.1985 directing all the employees and Officers of the State Government excepting those specified in the schedule thereto to use Odia Language in all official noting. The same is not properly implemented as there is no provision for imposing penalty against the Officers and employees who are violating the provisions of the notification under the Act.”

Thus, as per its confession, Lack of punishment being the ‘Reason’ of continuous contravention of the Act, the said Cabinet had formulated and laid down the ‘Object’ of the proposed amendment directing the Government to bring the amendment “immediately providing penalties for erring Officers and employees.”

Official ‘Press Note’ released on this resolution says:

“Government have decided to bring the amendment immediately providing penalties for such erring officers and employees who don’t obey the directions issued under sub section (2) of section 2, so that they will implement the provisions of the notification in its letter and spirit.”

This was how the 52nd Cabinet meeting dated 14.3.2018 had entirely accepted the draft I had given to the Ministerial Committee on 03.09.2015 and to the Chief Minister on 19.05.2017 and laid down what should be the ‘Objects and Reasons’ and the language of the amendment to be “immediately” brought in.

Secondly, while putting this most relevant and vital decision of the 52nd Cabinet meeting to oblivion, the notorious decision of the 51st Cabinet meeting, which was superseded in the 52nd meeting of the Cabinet has been used in the syntax as well as the “Statement of Objects and Reasons” of the Amendment.

Failure of MLAs

Had any of the MLAs that participated in the debate on the Bill wanted to know why was this mischief played and had the Parliamentary Affairs minister, who introduced the Bill and answered the debate on behalf of the Chief Minister, allowed himself to follow the principles of probity, this bad Bill could never have been passed on the basis of the notorious decision of the 51st meeting and notoriety to punish the people for fault of public servants could never have earned legal status. Erring officials could not have got the scope to escape under the “three defects” enumerated supra; and punishing the people under the scheme of punishing the Departments – as the word ‘OR’ facilitates – could not have become a possibility. The MLAs who supported the Bill have clearly failed to visualize this.

Reply fixed; what a farce!

It was a suffocating shock to see that the said Minister read out his answer from a written paper he had brought with him. This shows that he had not at all applied his mind to the debate. He acted just like a fantoccini puppet reading out the words coined in advance by the non-Oriya master(s) of the Chief Minister operating from the shadow.

The Chief Minister does not know Oriya language and reads, whenever required, from desktop displays or from pre-typed sheets of paper without knowing what he reads.

So the reply to the debate read out by the minister mustn’t have been prepared by the CM.

Who then prepared the written reply the minister read out, as if it was his master’s voice? Should the Assembly allow itself to appear like a sanctuary of such legislators or remain the revered rampart of our democracy? If the later, it must have to investigate through a House Committee on at least two questions:

1. Who prepared the written reply of the Minister before the debate, and why? and,

2. Who killed the decision of the 52nd meeting of the Cabinet dated 14.03.2018 and drafted the notorious amendment Bill along with the ‘Statement of Objects and Reasons’ on the basis of the 51st meeting held on 26.12.2017 and under whose orders?

The Legislative Assembly ought not dance to the tune of anti-Oriyas playing thus from the shadow against the people of Orissa.

Bad law despite breath of agreement
with Bhasha Andolan

It is a bad law, despite having been equipped with ingredient of punishment as demanded by the Bhasha Andolan. It has made a farce of legislation that needs be suspended or amended forthwith before being sent to the Governor for his assent.

Call to Governor

If the Bill, as adopted mindlessly by the Assembly on 01.05.2018 is submitted to the Governor for his assent, it would be better for him to return the same for reasons elaborated above, specifically as the Chief Minister has played a fraud on the Cabinet by killing its decision dated 14.03.2018.

The greater question, which the Governor should seek clarification on, is: Can the decision of the 52nd meeting of the Cabinet dated 14.03.2018 be killed behind the back of the same Cabinet by the Chief Minister in order to revive and use the already superseded decision of the Cabinet on the same subject in the preceding meeting dated 26.12.2017?

This is a very pertinent point of law the Governor should take into consideration before giving assent to this bad Bill to make that a law.

Needed is a flawless Law

Bhasha Andolan wants a full-fledged and flawless Orissa Official Language Act with Rules, the draft of which has been given to the Government through the Ministerial Committee on 03.09.2015, so as to ensure that sovereignty of Oriya Language in management of Orissa can never be put to jeopardy at any point of time in future.

With democratic magnanimity in heart, it has given two months to Chief Minister Naveen Patnaik to remove the wrong he has done to the people of Orissa in the matter of their mother tongue.

Black Flag campaign has been postponed for two months, but the movement continues and the members of Bhasha Andolan are everyday holding their meeting in Bhasha Tirtha in front of the revered statue of Kula Gourab Madhusudan to whom resurrected Orissa owes her origin.

Bhasha Andolan may reject the Amendment to Orissa Official Language Act: It is a fraud perpetrated by the CM on the Cabinet

Subhas Chandra Pattanayak

It is sad that the Chief Minister of Orissa Sri Naveen Patnaik has perpetrated a fraud on the Cabinet in matter of amendment of the Orissa Official Language Act, 1954 (hereinafter called the Act).

The Amendment Bill , 2018 which he has introduced to the Assembly on April 27, 2018 through Parliamentary Affairs Minister Bikram Arukh, is designed to punish the people of Orissa for violation thereof by any public servant.

Unthinkable, but true.

On May 19, 2017 I got this invitation from the Additional Secretary to the CM. I accepted the invitation and met him in his chamber along with Bhasha Andolan President Pradyumna Satapathy and Convener Pabitra Maharatha.

I told him that, unless the proposed draft (September 3, 2015) for amendment of the Act is adopted through a “fresh” amendment, governance of Orissa in Oriya would not be possible.

Had the amendment he caused to the Act in 2016 , firstly through an Ordinance on May 21, 2016 and finally through a Bill on September 28, 2016, been in consonance with my above proposal, it would have worked perfectly and foiling the very purpose of creation of Orissa by the public servants could have been stopped. In a written submission, I had given him a draft with which to replace or amend the deficient Section 4 inserted to the Act through the 2016 amendment. It read :

“The State Government may, in such manner and by such authority, as may be prescribed in the Rules made under this Act, receive complains from the general public of Odisha in matter of contravention of the Act and over and above such complaints, without prejudice to their entitlement to prosecute, suo motto review and monitor whether the directions contained in the Notification under Sub-Section (2) of Section 2 are contravened and subject the contravener to punishment stipulated in the Rules.”

The deficient provision in the amendment of 2016, which this submission wanted to replace is :

“Section 4. The State Government may, within such period, in such manner and by such
authority, as may be prescribed in the Rules made under this Act, review and monitor whether the direction contained in the Notification issued under Sub-Section (2) of Section 2 has been effectively implemented.”

What was the original proposal? It was:

“ Section 4 (2). The State Government may make Rules for carrying out all or any of the purposes of this Act or for due enforcement of any or all provisions of this Act or for enlarging the scope or purpose of this Act and/or for providing punishment for the violation of any provision of this Act.”

It clearly shows that the ingredient for “punishment” to provide for which, along with a set of draft Rules, I had suggested the amendment on September 3, 2015 and to materialize which the Bhasha Andolan was holding its Black Flag campaign, was totally absent in the Ordinance adopted in toto in the Assembly, defeating our democratic trust in the CM that, as per his oral assurance, the lacuna would be done away with during the Assembly business.

The public servants were so adamant to defeat our endeavor that a non-Oriya bureaucrat G,V,V,Sharma, the then Special Secretary in GA department in charge of working of the Act, had opposed the proposed “punishment” in my draft Rules while sending the same to Secretary, Law for “vetting” and had thrown the file to gather dust somewhere in the Secretariat. At that time the CM had danced to his tune and had de facto caused death to the Ministerial Committee as a member of which I had advanced the proposal for this amendment.

Apprising him in details of the harm this mischief has done to Orissa, we had told him to take immediate steps to bring in further amendment to the congenitally deficient amendment of 2016 ; and to help him in this regard, we had handed him over the fresh draft as noted supra.

Cabinet Decision -1

As the CM continued to ignore our proposal dated May 19, 2017 willfully or under inability to acquire necessary courage to overcome the conspiracy of public servants like Sharma, the Council of Ministers, who all are Oriyas by birth, rose to the occasion and wanted to discuss the issue, which gave birth to what is called “Puri Cabinet on Language”. The anti-Oriya public servants tried to blur the vision of the cabinet by dazzling them with as many as 20 language-centric items. However, Resolution 3 is most germane to the demand of Bhasha Andolan for governance of Orissa in Oriya.

The Council of Ministers, for the first time, agreed in this Resolution with our demand to amend the Act for punishment to contraveners of the Act. But to dilute its sharpness the public servants mingled it with components of reward to departments and persons working efficiently in Oriya language, which conversely suggested that punishment for violation of the Act may be given not exactly to the erring employees, but to the departments. Punishing a department for illegal activities of employees is punishing the people while protecting the offender.

Bhasha Andolan rejected the mischief and refused to be hoodwinked. Black Flag campaign continued all over Orissa in strategic nerve centers with paragons of Oriya nationalism like Pradyumna Satapathy (President), Pabitra Maharatha (Convener)in overall command and Nabakishore Pradhan, Dr. Asit Das, Janakish Badapanda, Umacharan Mohanty, Laxman Dash, Nilamani Mishra, Narayan Khuntia, Chittaranjan Mishra, Chakradhar Mahanta,Dasarathi Guman Singh, Dambarudhar Haran Singh, Madan Mohan Harichandan Mohapatra,Upendranath Samant Sinhar, Arjun Charan Samantaray, Bibhuti Pattnaik, Sarada Prasad Mohapatra, Ruturaj Pattanayak, Asis Bebartta, Pradosh Sarangi, Sanjib Panda, and Gobind Satapathy etc leading the campaign at Bhubaneswar. Rajendra Biswal (Byasanagar), Kalaratna Baishidhar Kar and Prof. Girija Shankar Sharma (Sambalpur), Gajanan Mishra (Titilagarh), Arttatran Mohapatra (Rourkela), Dr.Sagar Ranjan Tripathy (Berhampur), Soumya Nayak (Chhatrapur), Ashok Parida (Phulbani) and many others in many places, all of whom are to be placed in a special publication on the anvil are leading the campaign.

Cabinet Decision-2

Members of the Council of Ministers, all genuine and pure-blooded Oriyas, could understood the mischief exposed by Bhasha Andolan and, therefore, in its meeting on March 14, 2018, it de facto nullified the Puri mischief and laid down the “Objects and Reasons” of the proposed amendment. This cabinet decision is very important for governance of Orissa in Oriya. We quote Para 2 of the circulated decision. It reads:

“Though the Act is very old Act and is in force since 1954, the provisions of the notification issued under sub section (2) of section 2 of the said Act vide notification No.7152-Gen. dtd 29.03.1985 published in the extra ordinary issue of the Odisha gazette No. 562 dtd 10.04.1985 directing all the employees and Officers of the State Government excepting those specified in the schedule thereto to use Odia language in all official noting, the same is not properly implemented as there is no provision of imposing penalty against the Officers or employees who are violating the provisions of the notifications under the Act.”

Para 3 of the Press Note depicting the Resolution says, “Government have decided to bring the amendment immediately providing penalties for such erring officers and employees who don’t obey the directions issued under sub section 2 of section 2 , so that they will implement the provisions of the notification in its letter and spirit.”

Thus, the Cabinet on March 14, 2018 removed the ambiguity seen in the Puri Resolution and finalized the “objects and reasons” of the amendment to be brought in “immediately” on the Act.

In view of the March 14 resolution to amend the Act “immediately”, the Bill should have been introduced on the first occasion of official business on March 26, 2018. But delay for a month was deliberately done to find out how to kill the March 14 resolution.

Conspiracy succeeds
Objects and Reasons arbitrarily changed

As a result, the Amendment Bill, introduced as noted supra, has most notoriously changed this Cabinet decision on “objects and reasons” in order to protect the erring employees and officers.

“Statement of Objects and Reasons” is the foundation on which an Act stands. It defines the Legislative Intension and makes the Act work accordingly.

In formulating the “Objects and Reasons” for amendment of the Act, the Cabinet of March 14, had clearly laid down that “officers and employees who don’t obey the directions” to “use Odia Language in all official nothings” shall be punished with penalties.

CM Naveen Patnaik and his coterie of notorious civil servants have wiped out this noteworthy Resolution of the Cabinet, as the screen print of the official web-page so emphatically suggests.

After killing the Cabinet decision dated March 14, 2018, the CM has introduced Odisha Official Language (Amendment) Bill 2018 on April 27, 2018 that is well set to protect the officers and employees who will contravene the Act and refuse to render service in Oriya and disobey to use Oriya language in official nothings. Naveen Patnaik aims at punishing the people of Orissa for the contravention of the Act by his employees!

Here is what the Statement of Objects and Reasons of the proposed amendment says:

“As per the decision of 51st meeting of Cabinet held on 26.12.2017 at 11.15 AM, the State Government is required to bring necessary provisions in the Odisha Official Language Act by way of amendment to award incentives to officials/Departments for extensive use of the official language and also to punish the erring officials/Departments.

Accordingly, necessary draft amendment Bill, 2018 has been prepared for amendment to the Odisha Official Language Act, 1954 to empower the State Government to prescribe in the Rules to award incentives to officials/Departments for extensive use of the official language and also to punish the erring officials/Departments.”

That, the expression “officials/Departments” in the ‘Statement of Objectives and Reasons’ means either the officials OR the Departments is clearly visible in the body of the amendment itself. It reads:

“4A. The State Government may prescribe suitable measures in the rules to award incentives to officials or Departments for extensive use of the official language and also to punish the erring officials or Departments.”

Hence, when any official doesn’t work in Oriya, he or she shall not be punished, because instead of him/her the concerned Department can be punished, which the word “OR” clearly connotes.

Naveen proposes to punish the people

This means the people of Orissa shall be punished for contravention of the Official Language Act by any public servant.

Bhasha Andolan strongly protests against this mischief.

What the MLAs should now do?

It demands that the introduced amendment be forthwith redrafted to punish the public servant who fails to serve the State in Oriya language and not and never the State. Hence, the MLAs should now insist that the ‘Statement of Objects and Reasons’ behind the proposed amendment be redrafted in accordance with the “Objects and Reasons” formulated by the Cabinet on March 14, 2018.

Bhasha Andolan also demands that an inquiry be conducted into who obliterated the March 14 Cabinet Resolution and coined the ‘Objects and Reasons’ under question by arbitrarily reviving the superseded resolution of December 26, 2017. Our MLAs should support this genuine demand.

The people of Orissa have the birth right to have administrative services in Oriya language for which purpose alone their forefathers had fought against all odds and founded the State of Orissa.

Impeachment not a matter of joke

Subhas Chandra Pattanayak

A noteworthy section of MPs have tried to ignite a position for impeachment of the Chief Justice of India Deepak Mishra on grounds mentioned in their signed notice to the Chair of Rajya Sabha.

The very situation that gives birth to contemplation of impeachment, such as this, is indicative of a serious syndrome that has afflicted the country’s plain faith on integrity of judges, who, by virtue of their positions, become known to the entire population overnight. To what extent lower judiciary is corrupt and compromising is anybody’s guess.

But the present set of allegations against the incumbent CJI is not meant to correct his manners or to impeach him for his proven involvement in any particular matter that generally injures the image of judiciary. it seems the attempt is prompted by denigrators of Deepak Mishra, whom his heading the Apex Court is somewhat irritating. The inferiority complex of certain anti-Oriya elements might also have a role in this use of parliamentary privileges.

If the law makers are really interested to impeach the CJI for his fault, they must include the real fault for which he should be censored. And that fault is: His inaction in dealing with the pending allegation of a former Law Minister of India , who himself is a great practitioner of law – Shanti Bhushan – that CJIs such as Justices Ranganath Mishra, K N Singh, M H Kania, L M Sharma, M N Venkatachalliah, A M Ahmadi, J S Verma, M M Punchhi, A S Anand, S P Bharucha, B N Kirpal, G B Patnaik, Rajendra Babu, R C Lahoti, V N Khare and Y K Sabharwal were indulged in corruption – eight of them definitely – while acting as judges. Bhushan’s allegations are pending before the CJI (as and when one is) since 2010. By not rejecting the allegation as baseless or not by accepting the allegation as correct through proper adjudication to the satisfaction of Indian public, like his predecessors, Justice Deepak Mishra is certainly guilty of dereliction in duty and deserves impeachment.

Why the impeachment notice is silent on this? Is the team of law makers considering impeachment as a matter of joke?

GOVERNANCE OF ORISSA IN ORIYA: WE WISH THE ASSEMBLY MAKE THE LAW FLAWLESS

Subhas Chandra Pattanayak

Bhasha Andolan wishes that the Assembly makes the Orissa Official Language Act completely flawless, so that, governance of Orissa in its entirety – both in Government and Private offices – becomes an absolute, unavoidable and invincible must.

The bureaucracy is conspiring to frustrate its demand for punishment to whoever foils or tries to foil the very purpose of creation of Orissa.

Orissa was created for the single purpose of use of Oriya in every office within the State.

The struggle of our people to get the services in Oriya is recapitulated in my book available online in scribd.com since 2009 and for those who cannot visit this portal, Shabdasparsha, a publishing house of Bhubaneswar has brought out its print edition in December 2015 that has laid the foundation of new wave of Oriya nationalism. The printed edition of this historic book is sold at A. K. Mishra Agencies, Roxy Lane, Badambadi, Cuttack-9, also available with the publisher at 1590/3730, Sastri Nagar, Bhubaneswar-1. It has proved that Orissa was created for the single purpose of being served in Oriya language and nothing else.

So, whosoever does not work in Oriya is an annihilator of the very purpose of creation of the State, and deserves to be punished severely by the people of Orissa.

This is why, when nominated to the Ministerial Committee on “working” of the Orissa Official Language Act, I had, on September 3,2015, submitted a draft legislation to amend the Act to punish whosoever doesn’t work in Oriya and disobeys the Act.

After long two years and seven months of my submission of the draft legislation, thanks to Bhasha Andolan, Orissa, the State Government is going to place the Bill for this purpose in the current session of the Legislative Assembly. But it is allegedly pregnant with such a shrewd design that despite the amendment, contraveners would escape punishment. Therefore the law-makers, particularly whosoever MLA is loyal to Orissa, needs to study the evolution of this amendment before debating over it.

It has proceeded through three states.

STAGE NUMBER ONE

IN my draft dated Sept.3, 2015, I had suggested that a new Section, numbered as Section-4, be added to the Act of 1954

It wanted the State Government to make two provisions in the amendment, if my suggestion was accepted.

Firstly, the nomenclature of The Orissa Official Language Act, 1954 should be changed and the Act be renamed as ‘The Odisha Public Language Act, 1954” (Sub-Section (1) of my proposed Section-4) .

Secondly , “the State Government may make Rules for carrying out all or any of the purposes of this Act or for due enforcement of any or all provisions of this Act or for enlarging the scope or purpose of this Act and/or for providing punishment for the violation of any provision of this Act” (Sub-Section (2) of my proposed Section 4)

When Sub-Section (1) of my draft was aimed at expanding the scope of the Act to all official and non-official concerns of Orissa as well as to include all regional words like Koshli, Sambalpuri, Jalesvari, Ganjami, Deshia,Garjatia, Adibasia etc to ensure that administrative, judicial and commercial services are available to all the Oriyas in the mother tongue, the Sub-Section (2) was aimed at bestowing upon the Government the power to make Rules to punish the offenders of the Act and to drive it ahead.

STAGE NUMBER TWO

IN fidgets over the suggested penal prosecution in my draft, following its publication in the official website www.odia.odisha.gov.in, the anti-Oriya elements in administration prevailed upon the Chief Minister to drift away from his declaration (December14, 2015) in the Assembly that the proposed amendment was on the anvil.

The CM rendered the Ministerial Committee inconsequential, the arbitrariness of which is nowhere witnessed in any responsible government.

We established Bhasha Andolan, Orissa to espouse the draft legislation noted above.

Oriya linguistic nationalism took rebirth in a very unique pattern under the Black-Flag of this movement that commenced on April 13, 2016 , wherein who’s who of Oriya stalwarts participated with pride over the resurgence of Oriya nationalism.

The glorious campaign constantly hitting the nerve center of administration in Bhubaneswar for 39 days forced the egoistic government to bend down for the first time in its history and the CM told his party in the forenoon of May 21, 2016 that the amendment shall be brought in the next session of the Assembly, while requesting the Andolan through various channels to call off its Black-Flag campaign in view of the assurance. We demanded that the amendment be brought in through Ordinance. And, the Ordinance was promulgated in the night. Section 4 of the aforesaid draft proposal was given expression in two sections added to the Act under this Ordinance later replaced with a regular law. These were:

Section 4. The State Government may, within such period, in such manner and by such
authority, as may be prescribed in the Rules made under this Act, review and
monitor whether the direction contained in the Notification issued under Sub-
Section (2) of Section 2 has been effectively implemented. And,

Section 5. The State Government may make Rules to carry out the purpose of the Act.

Thus, when the Government got itself educated from Section-4 of my draft that, Rules must have to be made to carry out the purpose of the Act, and yet it had no power to make the Rules, it created Section 5 to acquire that power, exactly as I had suggested on September 3, 2015,

But the new Section 4 was full of ambiguity inasmuch as there was no word on how should they be treated whom the “review and monitor” mechanism would find guilty of contravention of the Act. The CM told the Press that all obstacles to work in Oriya will be removed with the Rules to be framed by August 15, 2016.

Relying upon the CM’s oral clarification before the media, Bhasha Andolan postponed its Black-Flag campaign till that period.But to its shock, the Rule made a farce of legislation. It only created provisions for a Committee to be comprised with the Chief Secretary and five other departmental secretaries as ex-officio members to (a) hold the meeting of the Committee at least twice in a year and (b) prepare the report regarding effective implementation within a period of two months from the date of holding the meeting and to submit the same to the government within a period of one month after the preparation.”

Bhasha Andolan rightly rejected this farce and resumed the Black-Flag Campaign with effect from August 16, 2016. That the so-called Orissa Official Language Rules, 2016 was stillborn needs no proof, as it is hidden from the Assembly as yet and no meeting, no report, as mentioned in its body, is yet on records.

STAGE NUMBER THREE

As the entire Oriya nation woke up and Black-Flag Campaigns hit the roads in different important places all over Orissa, the Chief Minister invited Bhasha Andolan to find out a solution. Besides me, Pradyumna Satapathy and Pabitra Maharatha represented the Bhasha Andolan in the discussion.

We apprised him of how his mandarins have played a joke with the nation of the Oriyas and him as well.

We made it clear that, empowering the offenders to “review and monitor” their own offenses would never do anything other than suppression of the same.

Whether or not the Chief Minister understood what I said in Oriya, we do not know. But it was quite amusing to note that Chairman of the mysteriously extinct Ministerial Committee (former Minister) Debi Prasad Mishra, incumbent Minister Prafulla Samal and Rajya Sabha member P. K. Dev, who were present during the discussion, were translating me to him in English.

Lest our oral submission fails to click, we had taken with us a written submission wherein a new draft was advanced to replace the Section 4 that was inserted into the Act in 2016 as noted above

We showed how “Section 4 inserted by 2016 amendment of the Odisha Official Language Act,1954 was inherently deficient to remove the obstacles from the way of governance of Odisha in Odia” and demanded that, the said deficient Section 4 be replaced with the following:

“The State Government may, in such manner and by such authority, as may be prescribed in the Rules made under this Act, receive complains from the general public of Odisha in matter of contravention of the Act and over and above such complaints, without prejudice to their entitlement to prosecute, suo motto review and monitor whether the directions contained in the Notification under Sub-Section (2) of Section 2 are contravened and subject the contravener to punishment stipulated in the Rules.”

WHAT THE MLAs SHOULD DO NOW

We were expecting that, what we have suggested above would be used to replace the deficient Section 4 of the Act as amended in 2016. But, sadly, the political government is behaving as subservient to the executive government. Instead of replacing Section 4 with the draft we have given to the CM on May 19, 2017, addition of a new Section numbered as 4-A is proposed in the amendment on anvil, wherein, according to my sources, the ingredient of punishment would be kept to give the impression that failure to work in Oriya shall attract penal action. Government hopes that the Bhasha Andolan would stop its campaign with this amendment.

At the outset it would certainly appear as a victory of the Bhasha Andolan.But, we may reject it, if the people of Orissa are not given the power to sue anybody in case of non-performance in Oriya.

The amendment on the anvil would have a very unwanted mischief to reward whosoever works in Oriya. When under the Law it would be the duty of the fellows in service – be it Political or Executive , Governmental or Commercial – to render their services to the people in Oriya, why should at all be any of them rewarded for the legally required performance?

Bhasha Andolan would look deeply into this mischief and take a correct decision in time.

As far as my information goes, with such a reward provision, the expanded Section 4 , i.e. Section 4-A, shall just breath punishment to be spelt out in the Rules. But in this new Section (4-A), if that is so, there would be no power given to the people of Orissa to sue the contraveners of the Official Language Act.

Unless the people are given the right to sue the foilers of the purpose of the creation of their beloved province, as is the wont of the fellows that have habitually violated the Act till date and have tried to obstruct the required amendment of the Act so far, shall never sue the offenders.

Thus, despite the Law amended, if the amendment materializes this session of the Assembly, Orissa shall not be governed in Oriya as a must, as the castles of administration manned by men of anglicized mentality, would continue to suppress the offenses of violation of the Act, as they have been doing since creation of the Act in 1954, and specifically since the mandatory Notification was promulgated in 1986 and Rules created in 2016.

As representatives of the people of Orissa in the Legislative Assembly, our MLAs irrespective of party affiliations, should rise to the occasion and ensure that the amendment becomes flawless with unambiguous empowerment of the people to sue anybody who fails to work in Oriya. The draft legislation, which the Bhasha Andolan had handed over to the CM on May 19, 2017, as quoted supra, should be the touchstone for the purpose of the proposed amendment and if the proposed amendment does not have the provision to empower the people to sue the offenders, to bring the same thereinto through their own amendment motions.

This amendment being very urgent and important for governance of Orissa in Oriya, our MLAs should see that the Assembly takes up the matter, if moved, and adopt with necessary corrections as suggested by Bhasha Andolan.

WHAT THE GOVERNMENT MUST ENSURE

If the Government have not yet made the Bill to amend the Odisha Official Language Act by replacement of Section 4 or by addition of a new Section such as Section 4-A., before placing it before the Assembly, it should review the draft of the Bill and ensure that power is given therein to the general public of Orissa to sue whosoever contravenes the Act without any prejudice to the Government’s power to prosecute; and, simultaneous with enforcement of the amendment, the Rules advanced in STAGE NUMBER ONE be adopted and accordingly, as suggested in Rule 11.1 thereof, the “Language Committee” comprising a judicial officer not below the rank of an Assistant Sessions Judge and a Professor in Oriya, in other words a “Language Court”, be appointed to prosecute the persons not working in Oriya and/or indulged in defeating the purpose of creation of Orissa.

The other thing the Government must ensure is that, the proposed amendment with empowerment of the people to sue the contraveners of the Official Language Act is timely circulated amongst the members, moved in the Assembly and adopted. The Assembly should not be adjourned before the day appointed for placing and passing of the proposed amendment of the Act.

Supreme Court should watch it and introspect

Subhas Chandra Pattanayak

My animadversion on judicial emphasis on working of the SC and ST (Prevention of Atrocities) Act only if a case is prima facie made out is now more relevant.

From a posting in social media facebook I am loading a video for your perusal. It is with an intro as reproduced below:

After the March 20th verdict of the Supreme Court, this has happened in Orissa’s Simulia in presence of the area Police personel including their Officer and Tahsildar, who is by virtue of his position a Magistrate.

The Supreme Court should watch it and introspect.

Oriya Language created Orissa and therefore Orissa must be ruled by Oriya Language

Subhas Chandra Pattanayak

Chief Minister Naveen Patnaik seems to have developed a wrong notion that governance of Orissa in Oriya depends upon his mercy. His press-note of December 17 and full page display advertisement in major broadsheets of today force us to arrive at this apprehension.

In his December 17 press note it was declared that he had held a meeting with the five members of the ministerial committee on that day for the purpose of “strictly implementing the Orissa Official Language Act, 1954 in official and non-official level” to facilitate which a website has been floated by the government. In the full page multi-color advertisement in broadsheet dailies today, this is intriguingly missing.

The advertisement is designed to tell the people that Chief Minister Naveen Patnaik has taken historical steps to save and develop Oriya language, and has enumerated the steps he has taken. This is blatant lie. Neither he nor his government has executed any single item claimed to be “historical” in the official advertisement. The entire advertisement is nothing but false propaganda. What a shame it is, that, the people of Orissa are taken for granted by their Chief Minister! Read more →

Navakalevara: Legends and reality

Subhas Chandra Pattanayak

Legends are the most misguiding mischief aimed at superimposing lies on reality so that indigenous people of an occupied land are kept too dazzled to see the dark face of the rulers and the class of exploiters can keep its victims subjugated to its authority, while forcing them to forget the heroic history of evolution of their own philosophy of life, their own splendid spiritual realizations, their own socio-economic uniqueness, their own ancient culture, their own valorous past, their own way of social integration and their own civilization.

We see this mischief galore in the context of Navakalevara of SriJagannatha.

So, here, we are to rip apart the legends and bring the reality of the Navakalevara to light, as thereby alone we can reach the lost uniqueness of the people of Orissa.

We will use Puri Sankaracharya’s self-proclaimed authority over Navakalevara to proceed with our purpose.

  Read more →

Samaja in Maze of Forgery: Two former Ministers of Orissa – Lingaraj Mishra & Radhanath Rath forged the WILL of Gopabandhu; Both benefitted till their death; SoPS continues to Loot

Subhas Chandra Pattanayak

The Oriya daily SAMAJA founded by late Utkalmani Pandit Gopabandhu Das, to which, out of their love and reverence for the great humanitarian leader, the people of Orissa had and have been giving their financial and moral support, is in a menacing maze of forgery and loot.

Sadly, two of Gopabandhu’s trusted men – Lingaraj Mishra and Radhanath Rath – who, because of being known so, had the opportunity of becoming cabinet ministers in Orissa, were the masterminds and/or makers of the forgery from which the paper is yet to be salvaged.

Both of them – Lingaraj and Radhanath – had partnered with each other in forging the last WILL of Gopabandhu to grab the Samaja, which being Gopabandhu’s paper was of superb credibility and the greatest political instrument of the day. They had performed this crime behind the screen of and in nexus with Servants of the People Society (SoPS), of which, while breathing his last, Gopabandhu was the Vice-President. Read more →