Kannada language row: HC halts sealing of commercial shops

The HC in its interim order said the state government cannot shutter commercial establishments that do not ensure at least 60% of their signboards or nameplates are in the Kannada language

The state government cannot shutter commercial establishments that do not ensure at least 60% of their signboards or nameplates are in the Kannada language, the Karnataka high court said in an interim order, responding to a petition by the Retailers Association of India.

A billboard being vandalised by a man in Bengaluru on December 27, 2023. (PTI)

Although it was important to promote Kannada, the authorities should not encroach upon the rights of individuals or businesses, justice M Nagaprasanna said.

The development follows petitions challenging the Kannada Language Comprehensive Development Act, 2022, and a circular issued by the state government in February to enforce the law.

The court, in its interim order, deemed the provision mandating closure of enterprises for non-compliance with the 60% Kannada signage rule as “prima facie untenable.” The matter warrants further consideration, justice Nagaprasanna said, calling for objections from the state.

“Learned Advocate General would also submit that the intention of the state is not to seal down any business undertakings and to enforce 60% of the boards to be in Kannada. The matter would require consideration and for the purpose of consideration would require the statement of objections by the State, as the Act is called in question. Therefore, the state shall not insist on the contents of the circular dated 28.02.2024 only in regard to sealing down of the premises,” he said in his order.

Although the court declined to stay the amended law, it noted that the law only provided for imposing penalties ranging from ₹5,000 for non-compliance with Kannada signage requirements. However, it did not authorise the government or its agencies to suspend trade licenses or seal business premises for violations, he noted.

Previously, advocate Manu Kulkarni representing the petitioners highlighted discrepancies between the circular issued by the Bruhat Bengaluru Mahanagara Palike (BBMP) and Section 23 of the law, which prescribes only fines as penalties for non-compliance.

The Karnataka assembly passed the Kannada Language Comprehensive Development (Amendment) Bill, 2024, in February, which mandates that 60% of business and establishment signboards must display Kannada language prominently. The amendment aims to reinforce the use of Kannada in commercial, industrial and business settings. The legislation stipulates that Kannada content should occupy the upper half of the signboard.

While the amended law was notified in the gazette on February 26 with assent from the Governor, the government is yet to issue an official gazette notification as per Section 1(2) of the amended law that would announce the date from which the amendment will be effective.