Use of regional languages in HCs remains limited despite constitutional provisions

CategoryPolity

Last Updated17/09/2024

Out of India’s 25 High Courts, only four — Rajasthan, Madhya Pradesh, Uttar Pradesh, and Bihar — are allowed to use Hindi in their proceedings and legal documents

A growing movement in India is calling for the use of regional languages in High Court proceedings to make justice more accessible to the common citizen.
Currently, only four out of India’s 25 High Courts — Rajasthan, Madhya Pradesh, Uttar Pradesh, and Bihar — are permitted to conduct proceedings in Hindi. Bihar was the last to receive this authorization, in 1972.

In July 2023, Chief Justice of India D.Y. Chandrachud emphasized the need for more inclusivity in legal proceedings during a speech at Dr. Ram Manohar Lohiya National Law University.
He noted that many citizens struggle to understand the legal process because proceedings are conducted in English, despite most people being more proficient in regional languages.
He pointed out that many countries conduct legal education and court proceedings in local languages, making justice more accessible to their citizens.

According to Article 348(1) of the Indian Constitution, English is the official language of the Supreme Court and High Courts, unless Parliament decides otherwise.
However, Article 348(2) allows the Governor of a State, with the President’s consent, to authorize the use of Hindi or another official language in High Court proceedings. Despite this provision, the use of regional languages remains limited.

Recently, MPs Dharmasthala Veerendra Heggade and Tejasvi Surya raised the issue of promoting regional languages in High Courts. In response, Union Law Minister Arjun Ram Meghwal revealed that states like Tamil Nadu, Gujarat, Chhattisgarh, West Bengal, and Karnataka had previously requested permission to use their respective languages in High Court proceedings.
However, in 2012, the Chief Justice of India, after consulting other judges, rejected these proposals.
While regional languages were not permitted, efforts are underway to make judgments and proceedings more understandable to the public by translating legal documents into local languages.

Advocate and activist Ashok Aggarwal highlighted the difficulties faced by litigants, particularly those from economically disadvantaged backgrounds, who often cannot understand what transpires in court due to language barriers.
He shared that many litigants ask, "‘Court mai kya hua?’ (What happened in court?)" after every hearing, underscoring the communication gap between the court proceedings and the people seeking justice.
Advocate Indira Unninayar also expressed concerns about the language barrier in High Courts, especially for individuals from marginalized communities like street vendors and slum dwellers. She argued that allowing litigants to express themselves in their native languages would improve their participation in the legal process.

Senior advocate Sanjay Hegde and author Virag Gupta noted the potential challenges of implementing regional languages in courts, particularly for judges and lawyers unfamiliar with certain languages.
These practical difficulties, however, could be resolved through better coordination between the Bar and the Bench.
Mr. Gupta pointed out that even in states where Hindi is permitted, such as Uttar Pradesh, English often dominates judicial proceedings.
He argued that regional languages should be allowed in more High Courts, in line with the provisions of the Constitution and statutes, as this would align with the citizens’ right to early justice under Article 21.