Language rights of Indigenous Tribal Minorities (ITM) and their protection under the ambit of human rights law

Abstract

This paper argues that lack of due recognition to the role that language plays in accessing health care services and in crucial health care communications manifests not just in negligent legislative action but also as systemic discriminatory practices that denies the Indigenous Tribal Minorities1 communities (ITM) their human right to life. Therefore, this paper begins by examining whether Language Rights (LR) are integral to Human Rights under various International Treaties & Conventions and the extent to which they are substantive in protecting the Linguistic Rights of Indigenous Tribal Minorities (ITM2) communities in general but with specific reference to case studies and case-laws from India. Given the articulation of language being ‘basic’ of basic human rights when it comes to health care and accessing health care3, this paper examines whether non-recognition of LR of Indigenous Tribal Minorities, results in injustice and violation of their human rights. To address the questions raised, this study reviews relevant literature and then examines doctrinally several key judgments that have engaged with questions pertaining to LR as such, its connection with human rights and finally with specific reference to health spaces. This study concludes that language rights are first and foremost the rights of individuals; states do have a constitutionally built-in obligation to protect the linguistic rights of ITM as a basic human right to protect and promote justice, human dignity and ones right to life with respect. Following our findings, the paper studies various best practices followed in Linguistic Rights for Health spaces from which jurisdictions with ITM communities (irrespective of their numbers) can possibly adopt in order to ensure their right to health care.