Tuesday 13 August 2013

Extracts of Ramnath G. Naik's legal notice served on The Goa, Daman and Diu Official Language Act 1987

On 24th June 2013 Goa’s renowned Marathi writer Ramnath G. Naik served legal notice to the Chief Secretary, Government of Goa on the fraud of Devanagari Konkani imposed by Bamons on Goa in 1987. The notice is lengthy with 184 points spread out in 40 pages and seeks to declare Official Language Act 1987 as null and void ab-initio and declare Shenai Goembab as Traitor/ Anti-national. Last three pages containing points 183 and 184 are produced here.

183) In view of whatever has been elaborated by me herein above, I am to summarize my grievances hereto as follows:

a)      The followers of Vaman Ragunath Varde (Shenai Goembab) namely, late Purushottam Kakodkar, late Ravindra Kelekar, late Chandrakant Keni, Shri Uday Bhembro, later Dr.Nandakumar Kamat and the present Chief Minister have all acted in furtherance of a sinister design to establish a “Baman Desh” which delayed the liberation by 14 years and also obstructed the socio-political, educational, linguistic and economic progress of Goans by fraudelant means.

b)      The same leaders misled the entire population of Goans as regards the official language. When “Konkani” was incorporated in the “Official Language Act in 1987, it was defined as “Konkani” written in Devanagari script” when all along “Konkani language” meant “Konkani written in Roman Script”.

c)       The successive Governments in Goa were made to believe that Devanagari Konkani was the future of Goa in distinction to Marathi whereby huge funds were pumped in for creation of literature in Devanagari Konkani. As there was hardly any literature and the scholars appreciating the existing literature are same with vested interests, Sahitya Academy Awards writers in Devanagari Konkani literature irrespective of quality and based on volumes of such meaningless literature.

d)      With a view to promote the idea of “Baman Desh”, the said Devnagari Konkani scholars further encouraged other people like N.Shivdas, Pundalik Nayak, Dilip Borkar, Ramesh Veluskar, Tanaji Halarnkar, Prakash Vazrikar etc and encouraged all of them to generate Devanagari Konkani Literature in large numbers, irrespective of quality so as to give an impression that there is sufficient literature in Devanagari Konkani.

e)      The same people, irrespective of whichever Government is in power ensured huge flow of funds for the development of literature in Devanagari Konkani. While promoting the language of their choice, the same vested interests ensured that Marathi and Roman Konkani were deprived of funds as well as opportunities for growth thereby creating artificial hinderances.

f)       The Law “Goa, Daman and Diu Official Language Act, 1987” passed by Goa, Daman and Diu Legislative Assembly on 04/02/1987 is fraud on entire population of Goa. The Law was passed in a charged atmosphere without application of mind. It was passed within minutes of its introduction and without any discussion in the Assembly.

g)      In language agitation preceding the Law, there was demand for Konkani and Marathi, both being declared as Official languages. The supporters of Konkani presumed that the official language would be Konkani in Roman script. However, mischief was played by vested interests namely, the followers of Vaman Ragunath Varde alias Shenai Goembab wherein they mischievously qualified Konkani “in Devanagari script” as the Official language in the draft submitted to the Legislative Assembly. Marathi was also deprived of official language status. Thus a fraud has been played on entire population of Goa in passing of the said act whereby the supporters of Marathi and Roman Konkani were robbed of their Constitutional and Democratic rights.

h)      The fraud was discovered only on the next day after the act was passed. Agitations were over. Seven Christian Youth had lost their lives. Though otherwise peaceful, entire population of Goa was divided on Communal and Linguistic lines. People had lost their sleep not on account of language issue but on account of feeling unsafe in their own land. They were disturbed and nervous. The citizens were not in a position to decide future course of action. By the time the entire population discovered the fraud played on them by a particular community namely, “Bamans”, the bill had already received the assent of the President of India on 14/04/1987 at a lightening speed and had become an Act.

i)        When the Goa, Daman and Diu Official Language Act 1987 was passed, Goa was still a Union Territory. Under Article 246 of the Constitution, there is distribution of Legislative Power between Parliament and Legislatures of the States. The expression “States” means “States specified in the First Schedule.” Exclusive power to legislate with respect to matters enumerated in the State List is assigned to the Legislatures of the States established by Part VI of the Constitution. It is only under Article 246 (4), that the Parliament can legislate on any matter for the Union Territories even in respect of matters enumerated in State List. Thus, it was only the Parliament which had legislative competence to pass the said Act. Hence, same is liable to be declared as “ultra-virus” of the Constitution of India.

j)        Presuming that the Legislative Assembly of Goa, Daman and Diu has passed the said enactment in exercise of the powers under Section 34 of the Union Territory Act 1963, such interpretation to section 34 is also in contravention of Article 246 (4) of the Constitution of India. When the powers to pass a Legislation as regards the Official language is vested in a “State”, the State referred to therein would be a State as referred to therein would be a State as referred to in Schedule I of the Constitution of India.

k)      The Goa, Daman and Diu Official Language Act 1987 declared Konkani in Devanagari Script as the Official language of the Citizens of Daman and Diu, for whom the said language would be as good as a foreign language. Thus, passing of the said enactment is also a fraud on entire population of Daman and Diu. This fraud also contributed in souring of relations between citizens of Goa with that of the citizens of Daman and Diu.

l)        When the Parliament passed the Goa, Daman and Diu Re-organization Act in 1987, the Members of Parliament appear to be conscious of the fact that Goa, Daman and Diu Offcial Language Act 1987 was not a competent legislation. It did not take cognizance of Official language Act passed by Legislative assembly of Goa, Daman and Diu in 1987. That is how the Reorganization Act is silent on Official Language of either of State of Goa or that of Daman and Diu.

m)    The aforesaid facts make it clear that the State of Goa does not have any Official language at all. The Offices and Posts created by the government like that of the Directorate of Official Language is also a fraud being played on the citizens of Goa. The funds allotted and spent by the Government for development for Konkani in Devanagari script is daylight robbery of Public Exchequer.

n)      Being a well-informed citizen, it is my duty to bring the aforesaid facts to the notice of the all concerned including Union Home Minister, Chief Minister of Goa as well as the Chief Secretary of Goa and various other functionaries. It is my right as a citizen to demand an inquiry by constitution of a House Committee into the fraudulent acts referred by me herein above. All the Constitutional Functionaries and the executive Brass of the Government is liable to explain their acts of commission and omission right from the passing of the Official Language Act, disturbance of communal harmony and peace in the entire state in the name of the Official language agitation as well as huge funds spent by the Government by fraudulent means under garb of promotion of so called official Language.

184) In view of the above, I therefore request that:

I) Present Notice be placed before the Members of the Legislative Assembly in ensuing session thereof with an appropriate Cabinet Note and with a suggestion to constitute a House Committee as also to take appropriate decision as regards filing of appropriate proceedings.

II) F.I.R be registered against concerned Political Masters as well as Top Government Brass under appropriate provisions of Law including Provisions of Corruption Act 1988 or any other competent Enactment/Law.

III) Make an Official Declaration as regards Goa, Daman and Diu Official Language Act 1987 and declare the same as null and void ab-initio and take appropriate corrective steps reversing all the Government decisions based on the said Enactment.

IV) Order withdrawal of all relevant circulars/ notices/ orders as regards Official language Act including latest circular issued by the Principle Secretary to the Government claiming to be the Chief Secretary for imposition of the illegal Official Language Act.

V) Declare Vaman Raghunath Varde Valaulikar (Shenai Goembab) a traitor and/ or Anti-National and stop as well as recover all the Aid given by State Government for promotion of his Philosophy as well as impose ban on his literature in the entire State of Goa.

Please note that in case of failure on your part, in compliance of aforesaid requests or initiating appropriate action thereof within 60 days of the receipt of present Notice, I may be constrained to file a Writ Petition before Hon’ble High Court or the Hon’ble Supreme Court of India for seeking the relief in all respects as referred by me herein above.

With great expectations,

Yours faithfully,


(Ramnath G.Naik)

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