Justice is not blind, just a tad tongue-tied"

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Introduction:

The article "Justice is not blind, just a tad tongue-tied" by K. Chandru delves into the linguistic challenges within India's judicial system. It critiques the reliance on English in legal proceedings and judgments, which often alienates non-English-speaking citizens, thereby questioning the accessibility and inclusivity of the justice system.


Key Points:


1. Constitutional Provisions on Language:

.Article 343 designates Hindi as the official language of the Union.


Article 345 allows states to adopt their own official languages.


Article 348 mandates that laws made by Parliament and judgments of the Supreme Court be in English.

2. Judicial Language Practices:


The Supreme Court and High Courts predominantly use English

Some states have introduced regional languages in their High Courts, but judgments are still required to be in English.


3. Historical and Legislative Developments:


In 1986, Tamil Nadu Chief Minister M. Karunanidhi proposed introducing Tamil in the Madras High Court. However, this proposal faced opposition and was ultimately rejected by the Supreme Court.


In 2006, the Madras High Court allowed subordinate judges to choose between English and Tamil for judgments, but this was later reversed.


4. Technological Initiatives:


The Supreme Court initiated a project to translate judgments into five languages using artificial intelligence. However, these translations were often inaccurate, limiting their utility for the general public.

The article emphasizes the need for a more inclusive approach to legal language. It advocates for the use of regional languages in judicial proceedings and judgments to ensure that justice is accessible to all citizens, regardless of their linguistic background.


UPSC Mains Question:


Discuss the implications of the current language policies in India's judicial system on access to justice. Suggest measures to make the legal system more inclusive and accessible to the general public.


Answer:


The current language policies in India's judicial system, which predominantly use English for legal proceedings and judgments, pose significant challenges to access to justice. Many citizens, especially in rural areas, are not proficient in English, making it difficult for them to understand legal proceedings and judgments. This linguistic barrier undermines the principle of justice being accessible to all.


To make the legal system more inclusive, the following measures can be considered:


1. Promotion of Regional Languages:


Encourage the use of regional languages in judicial proceedings and judgments, ensuring that citizens can understand legal processes in their native languages.

2. Improvement of Translation Services:


Invest in high-quality translation services to accurately translate legal documents into regional languages, making them comprehensible to the general public.


3. Public Awareness Campaigns:


Conduct campaigns to educate citizens about their legal rights and the judicial process in regional languages, empowering them to seek justice effectively


4. Training for Legal Professionals:


Provide training to legal professionals in regional languages to facilitate better communication with clients and the public.


By implementing these measures, India can move towards a more inclusive and accessible legal system, ensuring that justice is not only blind but also comprehensible to all its citizens.

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