In a transformative moment for India’s judicial landscape, there is a growing movement advocating for the use of regional languages in High Court proceedings. This call for reform seeks to address significant barriers to justice faced by many citizens, whose native languages are not represented in the current legal system. The debate around this issue has intensified as legal experts, lawmakers, and activists highlight the need for more inclusive practices within India’s judiciary.
As of September 2024, discussions on incorporating regional languages into High Court proceedings have gained substantial traction. This article explores the current status, recent developments, challenges, and potential benefits of this reform, providing a comprehensive overview of the ongoing debate.
Current Status of Regional Languages in Indian High Courts
India’s judicial system is predominantly conducted in English, as mandated by Article 348(1) of the Indian Constitution. This provision specifies that all proceedings in the Supreme Court and High Courts should be in English, unless Parliament decides otherwise. Article 348(2) offers a degree of flexibility by allowing State Governors to authorize the use of Hindi or other official languages in state High Courts, provided the President grants consent.
Despite these provisions, the use of regional languages in High Courts remains limited. Out of India’s 25 High Courts, only four—Rajasthan, Madhya Pradesh, Uttar Pradesh, and Bihar—are authorized to use Hindi in their proceedings and legal documents. Bihar was the last High Court to receive authorization in 1972, highlighting the long-standing nature of this issue.
The rest of the High Courts continue to operate predominantly in English, creating a significant language barrier for many litigants. This situation reflects a broader trend where the legal system, despite its complexity and reach, remains largely inaccessible to a significant portion of the population who are not fluent in English.
Recent Developments and Official Responses
The push for regional languages in High Courts has recently gained momentum, with significant developments occurring in 2024. MPs Dharmasthala Veerendra Heggade and Tejasvi Surya have raised the issue in both the Rajya Sabha and Lok Sabha, questioning the Minister of Law and Justice about measures to promote the use of local languages in judicial proceedings.
Union Law Minister Arjun Ram Meghwal responded to these inquiries by confirming that the Government of India has received proposals from several states—Tamil Nadu, Gujarat, Chhattisgarh, West Bengal, and Karnataka—to allow the use of Tamil, Gujarati, Hindi, Bengali, and Kannada in their respective High Courts. These proposals were made to address the challenges faced by litigants who are not proficient in English.
However, despite these proposals, the Chief Justice of India, after thorough deliberation with other judicial authorities, decided not to accept them. The Chief Justice emphasized that while regional languages could enhance accessibility, their integration into judicial proceedings would require significant adjustments and resources.
To mitigate the impact of language barriers, the government has undertaken efforts to translate legal proceedings and judgments from English into regional languages. This initiative aims to make judicial decisions more comprehensible to the general public. However, this approach does not fully address the need for regional languages during actual court proceedings, where real-time understanding of legal arguments is crucial.
Voices from the Legal Community
The legal community has been vocal about the need for regional languages in High Courts. Advocate and activist Ashok Aggarwal is a prominent figure in this movement. Seven years ago, Aggarwal collected signatures from 3,000 lawyers to support the use of Hindi in Delhi High Court proceedings. Despite presenting this petition to the then Chief Justice, it was ultimately rejected by a three-judge panel.
Aggarwal highlights a recurring issue: many litigants, particularly from marginalized backgrounds, struggle to understand court proceedings conducted in English. This problem is exacerbated by the fact that these individuals often have limited access to legal representation that can effectively bridge the language gap.
“‘Court mai kya hua?’ (What happened in court?) is a common question after every hearing,” Aggarwal notes. “I often find myself explaining the proceedings to clients who do not fully grasp what transpired due to the language barrier.”
Advocate Indira Unninayar echoes similar concerns. She represents clients from underprivileged backgrounds, including street vendors and slum dwellers, who face significant challenges due to language barriers. Unninayar argues that litigants should be allowed to express themselves in their native languages during court proceedings. This would ensure that their voices are heard and that they can fully participate in their own legal processes.
“Courts should not be exclusive to English-speaking individuals,” Unninayar asserts. “They must serve the needs of the common people seeking justice. Litigants deserve to understand what is happening in court, as the system is fundamentally meant for them.”
Practical Challenges and Concerns
Integrating regional languages into High Court proceedings presents several practical challenges. One of the primary concerns is the proficiency of judges and lawyers in regional languages. Senior advocate Sanjay Hegde acknowledges that while issues do arise when lawyers use regional languages, these challenges are generally manageable.
Hegde cites an example from the Bihar High Court, where a lawyer’s insistence on speaking in Hindi posed difficulties for a judge who was unfamiliar with the language. While such instances highlight the need for proficiency and mutual understanding, they are relatively rare and can be addressed through improved communication between the Bar and the Bench.
Virag Gupta, an author and advocate, supports the idea of using regional languages in High Courts but also acknowledges the potential challenges. “The use of regional languages can significantly benefit litigants and lawyers,” Gupta says. “However, it could create complications for judges from other states who may not be proficient in those languages.”
Gupta also references Article 21 of the Constitution, which guarantees the right to early justice in a language that the public understands. He argues that while regional languages could enhance accessibility, their adoption must be carefully managed to avoid operational difficulties and ensure that the judicial process remains fair and efficient.
International Practices and Comparisons
Examining international practices can provide valuable insights into the potential benefits of incorporating regional languages into India’s judicial system. Many countries conduct legal proceedings and legal education in their native languages, ensuring that their legal systems are accessible to all citizens.
For example, in Germany, legal proceedings are conducted in German, and legal education is also provided in the national language. Similarly, in France, the legal system operates primarily in French, with legal documents and proceedings conducted in the native language. These practices reflect a commitment to ensuring that all citizens, regardless of their language proficiency, can access and understand the legal system.
India could benefit from adopting similar practices, where regional languages are integrated into legal proceedings to enhance accessibility. This approach could help bridge the gap between the legal system and the diverse linguistic communities across the country.
Conclusion
The debate over incorporating regional languages into Indian High Courts underscores a critical need for judicial inclusivity. While the current legal system, based predominantly on English, has served the country for decades, there is a growing recognition of the need to adapt to a more diverse linguistic landscape.
Recent developments and discussions highlight the complexities involved in implementing such reforms, including the need for proficiency among judges and lawyers and the potential operational challenges. However, the call for regional languages in High Court proceedings reflects a significant shift towards making the legal system more accessible and equitable for all citizens.
As India continues to evolve, it is essential for its judiciary to adapt to meet the needs of its diverse population. The ongoing efforts to address language barriers represent a crucial step towards a more inclusive and just legal system. The conversation about regional languages in High Courts is far from over, and continued advocacy and dialogue will be key in shaping the future of India’s legal landscape.
In summary, the push for regional languages in High Courts is a crucial step towards enhancing accessibility and inclusivity in the Indian judicial system. By addressing both the challenges and opportunities associated with this reform, India can move towards a legal system that truly serves all its citizens, irrespective of their linguistic backgrounds.
Soumya Smruti Sahoo is a seasoned journalist with extensive experience in both international and Indian news writing. With a sharp analytical mind and a dedication to uncovering the truth, Soumya has built a reputation for delivering in-depth, well-researched articles that provide readers with a clear understanding of complex global and domestic issues. Her work reflects a deep commitment to journalistic integrity, making her a trusted source for accurate and insightful news coverage.
