New Delhi: The ongoing dispute over language in the entire country is quite old. But these days it has once again gained momentum. Now a debate on language was seen in a program of the Supreme Court on Wednesday. Present on the stage were Chief Justice of India (CJI) Surya Kant and Justice B.V. Nagarathna shared two different experiences on the same question. Together they gave the message that in a diverse country like India, language should be a bridge of communication, not a wall. During this, CJI Surya Kant clearly said, ‘We should speak in the same language which the plaintiff wants to hear.’ Justice Nagarathna said that people in South India feel the fear of being isolated if they do not know Hindi.
This whole issue started when a woman lawyer asked what was being done so that lawyers who were proficient in local languages but did not know English could present their arguments in the court. The simpler the question was, the deeper the answer became a socio-constitutional dialogue. These words of both the judges are viral on social media and it is being considered an important sign towards democratization of language in the judiciary.
What was the whole matter?
During a panel discussion ‘WE: Women Empowerment in Law’ organized in Delhi, a female lawyer asked a question about lawyers who are not comfortable in English. They have to face problems in the courts, are some steps being taken in such a situation or not? This question became the reason for a long discussion on language, judiciary and the experiences of citizens.
Why did CJI Surya Kant say: We have to end hesitation?
CJI said that lawyers and judges should be sensitive towards the use of any language. The basic message of his talk was that justice should be given in a language that the common man can understand.
What did CJI Surya Kant say:
- Many times I talk to lawyers and parties in the court in Hindi.
- We have to end this hesitation that only English will work in court.
- This is not just an issue of Hindi or Tamil, but also of local dialect.
Many times I talk to lawyers and parties in the court in Hindi – CJI.
According to the CJI, the courts are still very dependent on English because the procedures and laws are in English. But by communicating in the language of the people, the justice process becomes more humane and easy.
Justice B.V. How did Nagarathna share his experience of South India?
Justice Nagarathna said that at least six languages are spoken in South India and people are very conscious about their regional linguistic identity. He said, ‘We do not want to be isolated because we do not know Hindi. This is not politics, this is social reality.
Justice Nagarathna said that South Indians do not want to be isolated for not knowing Hindi.
What did you say about the language of the three-tier judicial system?
Justice Nagarathna said that local languages (Kannada, Tamil, Telugu etc.) are used in the district courts. English is mostly the official language in the High Courts and English is the official language in the Supreme Court. He said that if all the states insist on their own language and do not understand each other’s language, then transfer of judges and administrative structure will become difficult.
Why is this debate big?
This debate is not just Hindi vs South India, but raises three important questions-
1. Should justice be given in the language of the people?
The complex English language of the courts creates distance for poor and rural citizens.
2. Can the bilingual system in the Indian Judiciary be further strengthened?
Many High Courts have now issued translations of the orders in the local language.
3. Is there a need to provide training to lawyers in local languages?
So that the problem of more people not remaining engaged in the profession can be solved.
