The Hindi language, the very identity of India, is facing an existential crisis in its own home. It is being used as a pawn in political games, and its existence is being threatened. While scholars shower praises on Hindi language on Hindi Diwas, they often consider Hindi speakers to be backward on other days.
This year, India celebrates its 75th Republic Day. But even after gaining independence and adopting a Constitution, the dominance of English in the Indian justice system continues to create disadvantages for Hindi speakers. This begs the question: should all work in India be done in Hindi and other local languages?
There is talk of making Hindi the language of the UN, but there is deafening silence on making it the language of the judiciary. In 1958, the Parliamentary Committee on Official Language recommended that Hindi be used in proceedings of the Supreme Court and High Courts. However, little progress has been made in this direction.
According to Article 348 of the Indian Constitution, the Governor of any State, with the consent of the President, can allow court proceedings to be conducted in Hindi or the official language of that State. This provision has been used to allow proceedings in both English and Hindi in the High Courts of Rajasthan, Madhya Pradesh, Uttar Pradesh, and Bihar.
However, in 2008, the Law Commission, entrusted with the task of studying the feasibility of using Hindi in the Supreme Court and High Courts, came back with a negative report. This effectively shut the door on the entry of Indian languages into the higher judiciary.
There are two main reasons for this: politics and the un-Indian nature of Indian legal education. While there is talk of promoting Hindi on the world stage, there is little effort to make it the language of the judiciary within India itself.
Even after 75 years of independence and 77 years of Hindi being adopted as the official language, the justice system has failed to provide justice to the citizens in their own language. This is not just a matter of language; it is also a matter of fairness and justice.
The people of India deserve to have access to justice in their own language. It is time for the government to take concrete steps to implement the use of Indian languages in the new judicial system.
Here are some suggestions for how the government can promote the use of Hindi and other Indian languages in the judiciary:
- Increase the availability of legal materials in Hindi and other Indian languages.
- Train judges and lawyers in the use of Hindi and other Indian languages.
- Conduct court proceedings in Hindi and other Indian languages in more districts and states.
- Make Hindi and other Indian languages mandatory for law students.
By taking these steps, the government can ensure that the justice system is accessible to all Indians, regardless of their language skills.
It is important to remember that Hindi is not just a language; it is a part of India's identity. We must all work together to ensure that Hindi and other Indian languages are given their rightful place in the Indian judiciary.
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