According to the Minority Rights Group International, about 1.6 million people from 27 different indigenous groups sharing 1.8% of the total population, are residing in Bangladesh. It will not be an exaggeration to comment that we as a state have failed to provide their fundamental civil, political, and cultural rights from the very inception of Bangladesh.

This year we commemorated the 70th anniversary of our language movement, which established the syncretic character as a nation and outstretched the notion of the right to mother language all over the world. Our ancestors' valiant sacrifice was also recognised by the UN who declared the 21st February as the International Mother Language Day. But what was the aspiration of the mother language movement? Was it initiated for transgressing and overpassing the dignity of other languages and establishing Bangla as superior to every other language? History provides a different narrative of honouring the idea of mother language in every sphere of life. It is a matter of great regret that, instead of enlarging the opportunity of learning and using indigenous peoples' ethnic language, the state often seems to remain lethargic.

Unfortunately, there is no existing government regulation that asserts indigenous linguistic rights in particular. However, we have some constitutional and international legal responsibility to recognise the linguistic rights of minorities. After the fourteenth amendment of our Constitution, it has become a promise to preserve and develop the unique local culture and tradition of the tribes, minor races, ethnic sects, and communities as per Article 23A of the Constitution. Therefore, for protecting the ethnic minority and indigenous groups in Bangladesh, availing the opportunity of practicing, learning, and using their mother language in public life is one of the essential elements to address. The office of the High Commissioner of UN Human Rights (OHCHR) entails some crucial concerns regarding language rights of linguistic minorities such as recognition of those languages, use of minority languages in public life, education, media, administration, judicial fields, ensuring them the equal opportunity to participate in those sectors also.

Moreover, it proposes distinguished provisions for serving minority languages. Besides, Article 2 of the UDHR and the International Covenant on Economic Social and Cultural Rights (ICESCR) articulate obligations for the state parties guaranteeing the right to language for every person residing in the respective countries. Bangladesh is a signatory party to the ICESCR. Though for a long period, the economic, social, and cultural right was subject to the question of judicial enforceability under article 8(2) of the Constitution, claiming indigenous language right was more pendulous upon the government wish rather than judicial enforceability. In many instances, we have observed that the supreme court has provided liberal verdicts over enforcing ESC rights complying with fundamental rights in part III of the constitution. Additionally, UNGA has recently adopted an optional protocol for enforcing ESC rights that will allow persons to make complaints regarding violations of ESC rights contained in the ICESCR. Now it is considered to have a quasi-judicial effect in international law. Therefore, we need to live with those complex legal boundaries advocating for indigenous peoples' language rights until the government takes an approach to recognise and furnish the mechanism sincerely.

So far, the Bangladesh government has established International Mother Language Institute (IMLI) in 2010, which has documented only four languages of indigenous communities – Chakma, Marma, Achik, and Tripura. But these indigenous communities have a large population, and their language is still alive. Other indigenous languages with small populations are now at a heavy risk of being extinct. To conserve indigenous ethnicity and cultural diversity, it is time to focus on preserving their language and according dignified recognition to each. Besides providing status, we first need to raise the question of equality of opportunity of practicing their language at least in educational sectors and public offices in hill tracts territory where most indigenous communities reside. Secondly, we need to identify the languages at risk of extinction and take measures to preserve those. Finally, sufficient research and study scope on indigenous language and culture need to be facilitated by the universities so that any substantial threat to those languages and cultures can be mapped out and pertinent propositions for development and preservation can be taken efficiently.

Linguistic diversity and the ethical development of a nation are inextricably associated with each other. We need to stay clear of undertaking unjust and prejudicial treatment, especially on language and cultural opportunities to the indigenous peoples in Bangladesh. And legally recognising their language would be one of the most benevolent presents for them to uphold the aspiration of Bangladesh's language movement and national integrity in the upcoming days.

The writer is a Student of Law, Daffodil International University.