The Karnataka High Court directed the State government to cease sealing any shop or commercial establishment due to non-compliance with the requirement of having 60 percent of a shop’s signboard or nameplate in Kannada. Nevertheless, the judge also expressed concern about the resistance to adhere to the 60 percent Kannada signage regulation.
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BENGALURU: The Karnataka High Court on March 18th, instructed the State government to abstain from sealing any shop or commercial establishment due to non-compliance with the requirement for 60 percent of a shop’s signboard or nameplate to be in Kannada.
Justice M Nagaprasanna issued the interim order in response to petitions contesting Section 17(6) of the Kannada Language Comprehensive Development Act, 2022, and a circular issued by the State government in February 2024 to enforce the 60 percent Kannada signage regulation.
The Court expressed reservations about a portion of the February 2024 circular, which advocated for the sealing of premises not meeting the 60 percent Kannada requirement. Consequently, the Court suspended the implementation of this aspect of the circular.
“The third paragraph therein (in the circular) exceeds the scope of the enactment. It suggests that if 60% of the signage is not in Kannada, those business establishments or enterprises would face closure. This, prima facie, is unsustainable,”
–stated the Court’s order on March 18.
The Court also acknowledged Advocate General Shashi Kiran Shetty’s statement that the State has no intention of closing businesses to enforce the 60 percent Kannada rule.
“The issue requires careful consideration… Therefore, the State shall not enforce the provisions of the circular dated 28.02.2024 regarding the closure of premises,”
–the Court decreed.
During the hearing, Justice Nagaprasanna questioned the apparent resistance to accepting the 60 percent Kannada signage rule, emphasizing that he does not support sealing shops under any circumstances.
“I fail to comprehend… I am not advocating for actions taken by extremists. I am simply asking, what harm would it cause to add two lines of Kannada to the signboards? You’re conducting business in Karnataka… The State isn’t demanding that all your employees must be Kannadigas. What the State has mandated is that a signboard, similar in size to an English one, should also include Kannada – initially 50 percent and now 60 percent after an amendment. What’s objectionable?”
–remarked the judge.
However, the Court acknowledged the concerns raised by the petitioners, led by the Retailers Association of India, regarding practical difficulties in complying with the 60 percent signage rule within the State’s specified deadline, especially considering the lack of clarity on certain aspects such as the definition of a signboard.
The Court noted that many business owners had voluntarily complied with the mandate to have over 50 percent of signboards in Kannada even before the rule was revised or efforts were made to enforce it seriously.
Questions were raised regarding whether the 60 percent rule had actually come into effect.
The State informed the Court that this mandate had been published in the official gazette. However, the bench observed that there was still some ambiguity regarding the effective date of the mandate.
The State assured that all necessary clarifications, including the effective date of the amended provisions of the 2022 Act mandating 60 percent Kannada signage, would be provided.
“Until the clarification is issued, no hasty action shall be taken against the petitioners, provided that the Act has not yet come into force… And if the Act has come into force, the aforementioned order (not to seal any shops) shall apply,”
-ordered the Court.
The case is scheduled for further hearing on March 22.
CASE TITLE:
Retailers Association of India v. State of Karnataka case.
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