Languages of Courts in India - History, Current Status, Challenges | UPSC Notes

Union Minister Advocates for Use of Regional Languages in Courts

• The Union Law Minister has expressed his belief in the importance of using regional languages in courts across India.
• He highlighted the practice of employing Marathi in the courts of Maharashtra as a viable alternative to English.
• He is confident that technology can be leveraged to ensure immediate transcription and translation, making the use of regional languages practical.
• He also encouraged the judiciary to adopt Hindi as the national language.

A Glimpse into the Languages Used in the Indian Courts

• India's cultural and linguistic diversity is immense.
• The Indian Constitution recognizes 22 languages, encompassing English and Hindi, as official languages.
• The language used in the courts has been a contentious issue since India's independence.
• The choice of language in courts is crucial for the effective administration of justice and safeguarding individual rights.

Tracing the History of Language in Indian Courts:

• Prior to the advent of British rule, Indian courts conducted judicial proceedings in local languages. However, with the British colonisation, English became the language of the courts.
• English, being the language of the ruling class and the educated elite, was used as a tool to exert control over the masses.
• Post-independence, the Constituent Assembly of India acknowledged the importance of regional languages and adopted a policy to promote them.
• This led to the inclusion of regional languages as the official languages of the country.
• However, English continued to be the language of the courts, thereby becoming a symbol of elitism and a barrier to justice for many.

Present Scenario of Language Use in Courts

• The Indian Constitution assures citizens the right to access justice in a language they comprehend.
• Yet, the predominant language of the courts remains English, with Hindi being used in some states.
• This has resulted in a scenario where a large segment of the population fails to understand court proceedings, leading to severe implications for their legal rights.
• To rectify this situation, the government has initiated several measures to encourage the use of regional languages in courts.
• The Official Languages Act of 1963 allows for the use of Hindi and other regional languages in courts, but its implementation has been lacking in effectiveness. Some states, like Karnataka and Tamil Nadu, have made the use of local language compulsory in lower courts.
• The Supreme Court of India has also made strides towards promoting the use of regional languages.
• In 2017, the Supreme Court mandated that all high courts should deliver their judgments in regional languages.
• The court also ordered that translated versions of judgments should be available in regional languages to foster greater access to justice.

Obstacles in Advancing Regional Languages in Courts

• Despite the government's initiatives to advance regional languages in courts, several obstacles remain.
• A major hurdle is the absence of adequate infrastructure and resources for translation and interpretation services.
• The scarcity of skilled translators and interpreters impedes the provision of services in regional languages.
• Another obstacle is the opposition from the legal fraternity to the introduction of regional languages in courts.
• Certain lawyers and judges perceive English as the language of the legal profession and resist any changes to the existing system.
• This resistance can hinder the implementation of policies aimed at promoting regional languages in courts.

Conclusion:

• The language employed in courts plays a pivotal role in the effective administration of justice and the safeguarding of individual rights.
• The implementation of regional languages in courts can foster better access to justice and bridge the gap between the judiciary and the public.
• While the government has taken initiatives to promote the use of regional languages, more efforts are needed to overcome the existing challenges.
• A joint effort by all parties involved, including the legal community, is essential to ensure that justice is accessible to everyone, irrespective of the language they speak.