Language of Courts in India [UPSC Notes]

Union Law Minister Shri Kiren Rijiju has called for the use of regional languages in courts across India. In this context, this article discusses the usage of regional languages in Indian courts and also gives an overview of the languages of courts in India from colonial times till the present. This topic is important for the IAS exam polity and governance segments.

Union Minister Bats for Regional Languages in Courts

• The Union Law Minister believes that regional languages should be used in courts throughout India. 
• He cited the example of using Marathi in courts in Maharashtra, as opposed to English. 
• The Union Law Minister believes that technology can be used to ensure instant transcription and translation, making the use of regional languages feasible. 
• He urged the judiciary to embrace Hindi as the national language of India.

Languages of the Courts in India

• India is a diverse country with a rich cultural and linguistic heritage. 
• The Constitution of India recognizes 22 languages, including English and Hindi, as official languages. 
• The language of the courts in India has been a topic of debate since the country gained independence from British rule. 
• The use of language in courts is essential for the proper administration of justice and the protection of individual rights. 

History of Language in Indian Courts:

• Before the arrival of the British in India, courts used local languages for judicial proceedings. However, with the establishment of British rule, English became the language of the courts. 
• English was the language of the rulers and the educated elite, and it was used to maintain control over the people.
• After independence, the Constituent Assembly of India recognized the importance of regional languages and adopted a policy of promoting them. 
• This led to the inclusion of regional languages as the official languages of the country. 
• However, the language of the courts remained English, which became a symbol of elitism and a barrier to access to justice for many.

Current Status of Language in Courts

• The Constitution of India guarantees the right of citizens to access justice in a language they understand. 
• However, the language of the courts is still primarily English, with Hindi being used in some states. 
• This has led to a situation where a significant portion of the population is unable to understand court proceedings, which can have severe consequences for their legal rights.
• To address this issue, the government has taken several measures to promote the use of regional languages in courts. 
• The Official Languages Act of 1963 provides for the use of Hindi and other regional languages in courts, but it has not been implemented effectively. Some states, such as Karnataka and Tamil Nadu, have made the use of the local language mandatory in lower courts.
• The Supreme Court of India has also taken steps to promote the use of regional languages. 
• In 2017, the Supreme Court ruled that all high courts should use regional languages in their judgments. 
• The court also directed that translations of judgments should be made available in regional languages to promote greater access to justice.

Challenges in Promoting Regional Languages in Courts

• Despite the government’s efforts to promote regional languages in courts, several challenges persist. 
• One of the biggest challenges is the lack of infrastructure and resources for translation and interpretation services. 
• The shortage of trained translators and interpreters makes it difficult to provide services in regional languages.
• Another challenge is the resistance from the legal community to the use of regional languages in courts. 
• Some lawyers and judges view English as the language of the legal profession and resist any attempts to change the status quo. 
• This resistance can make it difficult to implement policies promoting regional languages in courts.

Conclusion:

• The language of the courts is an important issue for the proper administration of justice and the protection of individual rights. 
• The use of regional languages in courts can promote greater access to justice and help bridge the gap between the legal system and the people. 
• While the government has taken steps to promote the use of regional languages, more needs to be done to address the challenges that persist. 
• A concerted effort by all stakeholders, including the legal community, is necessary to ensure that justice is accessible to all, regardless of language.

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