Why Can't Regional Languages Be Used In High Courts?

Coming straight to the crux of the matter, let me begin at the very beginning by pointing out that the common man who is not well versed or even has an elementary knowledge of English language faces a herculean task in getting the judgment translated to understand what it implies. This is all because even after more than seventy years of independence we still all judgments being rendered in English only in most of the High Courts. But this much change now keeping in mind the supreme interest of millions of litigants who are just not English literate at all.

It cannot be denied that communication of justice in the language of the parties seeking justice is as important and crucial as the determination of justice. But it is a great travesty of justice that no effort has been made in the last 70 years to make sure that adequate steps are taken to ensure that justice is imparted by rendering judgment in the language of the parties seeking justice. It is high time and now no more delay can be made to ensure that this is done on a war footing so that the concerned parties don't face problems in understanding the implications of the judgment delivered and how it affects them directly or indirectly!

It needs no rocket scientist to conclude that to ensure that the parties seeking justice are able to cross the barrier of language, the judgments should be delivered as a rule only in the language which they understand best. They would then need no external help to make them understand as to what exactly the judgment stands for. Also, their time would be saved as also the trouble of getting the judgment translated and they would be saved not just from many troubles but also saved from the peril of misinterpreting the judgment in a manner that is totally contrary to what the judgment really implies!

It cannot be lost upon us that the novel idea of always dispensing judgments in the language of the party seeking justice is not new and has been advocated for a long time by many High Courts. But this has been met with stiff resistance and therefore it could not march ahead very long. It is a matter of great regret that Centre has normally never in the past really favoured this great idea and therefore we see that the status quo of English being the official language of all High Courts has thus continued for so long.

It is indisputable that many State Governments have in the past very strongly advocated the great idea of breaking with the past and making it up by substituting English with the regional language which is understood best by most of the people living in nearby areas where the high court itself is located! This is undoubtedly a great landmark step in the right direction by which millions of people stand to gain by reading for themselves the judgment in the regional language which they understand best. So, it brooks no more delay anymore!

While craving for the exclusive indulgence of my esteemed readers, let me inform them that while speaking at a Kerala High Court function in October, none other than the President Ram Nath Kovind strongly advocated for a system where translated local and regional language copies of High Court judgments are made available to litigants as it is in the language in which they understand best. What better can be for them then to be able to read for themselves as to what exactly the judgment contains and what are the implications it will have? Nothing can be more better!

For my esteemed readers exclusive indulgence, let me also inform them that the President Ram Nath Kovind who himself earlier was a lawyer who practiced both in Delhi High Court as well as Supreme Court very strongly batted in favour of providing certified translations to the litigants. This the President very strongly felt was a very good step as it would go a long way in benefitting the litigants who are not conversant in English, and otherwise would not be in a position to be able to appreciate the linguistic nuance of courts that statutes necessitate. There is certainly no harm in giving it a chance!

To put things in perspective, it must be pointed out here that the President Kovind's statement has vindicated very strongly a long-standing demand of the Department of Official Language pertaining to the use of regional languages in High Courts. It is noteworthy that in February 2017, none other than the Parliamentary Panel on Law and Justice, in its report presented to the Rajya Sabha has minced no words in making a strong recommendation for the use of regional languages in the High Courts. How can it be dismissed lightly?

But it must be brought out here that the recommendations which the Parliamentary Panel on Law and Justice submitted to the Rajya Sabha stirred a hornet's nest as it virtually challenged the six-decade old convention that was being followed by Centre until now that involved getting the Chief Justice of India's assent on this burning issue. Why can't the assent of Chief Justice of India be obtained? Why can't the CJI also be taken into confidence and this historic step initiated with his blessings which will render more legitimacy to it?

It must be borne in mind that while determining the language of the courts, Article 348(1) specifically lays down that until Parliament otherwise provides, proceedings in the Supreme Court and in a High Court are to be in the English language. It must be noted here that it is nowhere prohibited that English language cannot be ever replaced. English language has been just given status quo until Parliament steps in to provide otherwise. In other words, English has to give way to regional language in the Supreme Court and the High Courts as soon as the Parliament decides to replace it with any other language.

We thus see that all responsibility rests on the shoulders of the Parliament to ensure that which language shall be used in the Supreme Court and the High Courts. Also, it cannot be missed out that Article 348(2) stipulates that the Governor of a State, with the previous consent of the President, may authorize the use of Hindi, or any other official language of the State, in proceedings in the High Court, but not with respect to the judgments, decrees and orders passed by it, which shall be in the English language as required by Article 348(1). Why can't what has been permitted by the Constitution explicitly be done with immediate effect?

It is incomprehensible as to why when there is just no need of judiciary's assent at all in this matter has the Centre astonishingly forwarded such requests for replacing English with regional languages or Hindi to the Chief Justice of India who has been declining them repeatedly? This now must be set right by removing the CJI from the picture and following the procedure as laid down in the Constitution itself! Why can't this be done promptly by Centre? Why is Centre taking no initiative in this regard? Why Centre is just throwing the ball in the court of CJI and not taking itself any decision on this score after taking Parliament into confidence and following the due procedure as laid down in the Constitution itself?

Needless to say, the issue of language is an all important one and it concerns all. Who is saying that English should be completely thrown out? All one is saying is that why can't judgments be given in the regional language which the litigants understands best apart from the regional language?

We all know fully well that how about 2 years back, the Madras High Court witnessed violent protests in its premises itself as protestors didn't hesitate to barge into the court halls demanding most vociferously the age old demand that Tamil be made the official language of the court. Why can't regional languages be promoted by authorizing them to be used in delivering judgments in High Court? Centre must not just ponder over it but take immediate steps to translate it into reality without wasting any more further time!

We all know it fully well that how regional languages as also Hindi have been marginalized by not giving them any place of prominence by allowing the status quo of English to continue uninterrupted and undiminished since last more than 70 years! But not any more! Now things have to change and they must!

It cannot be ignored that we have seen for ourselves how High Courts in Madhya Pradesh, Uttar Pradesh, Rajasthan and Bihar have in sharp contrast with other High Courts already been using Hindi as an optional language! But what an unbeatable irony that for orders/judgments/decrees passed, even these High Courts are not allowed to use Hindi. All this must change now for the better!

No one can quibble with the irrefutable fact that it is high time and now Hindi and other regional languages must be treated on a par with English language. This will serve the supreme interest of the litigants and also save them from the unnecessary trouble of wasting time and energy and money in getting the judgment translated. It is the “poorest of the poor” who will benefit the most if this is done immediately!

It is high time now and Centre must stop henceforth its status quo policy which till now has only served in harming the poor people the most in the whole process as they face the maximum trouble in understanding the judgment and in interpreting it in the language in which they understand it best. Centre must abandon its reluctance to take any action on this score by unnecessarily referring the matter to the CJI which is just not required on this count! Centre must show some political will to address this key issue most seriously as it has been raised by none other than the President of India Ram Nath Kovind whom we all hold in highest esteem!

Why has Parliament no time to take any action on this score since last more than 70 years? Why can't a parliamentary legislation be brought forth in this regard? Why can't it instead of just accusing judiciary of “judicial activism” itself show some activism on this score?

How long will the regional languages and Hindi be given cold shoulder and be forced to stay in a marginalized position for an indefinite period? Please ponder seriously on this! All that is lacking is nothing but a strong political will and lack of unity among politicians who waste no time in uniting for getting their salary increased to dizzying heights as per their own whims and fancies!