Central Idea

The Supreme Court rejected a plea to transfer a motor accident case from the Motor Accident Claims Tribunal (MACT) in Farrukhabad, UP, to the MACT in Darjeeling, West Bengal.
The court emphasized that language should not be a barrier, and witnesses should communicate in Hindi, the national language, during proceedings

Why discuss this?

The Supreme Court’s assertion that Hindi is the national language sparked debates, given India’s linguistic diversity.
While no language is officially designated as the “national language,” Hindi holds a significant position as the official language of the Union.

Article 343: The Constitution designates Hindi in the Devanagari script as the official language of the Union, with English used for official purposes during the initial 15 years after the Constitution’s commencement in 1950.
Article 351: The Constitution directs the Union to promote the spread of Hindi while respecting the forms and expressions of other languages listed in the Eighth Schedule.

Eighth Schedule: The Constitution’s Eighth Schedule lists 22 languages, including Hindi, Bengali, Punjabi, Tamil, Telugu, and Urdu, as recognized languages. The Schedule has expanded over time to accommodate languages like Bodo, Dogri, Maithili, and Santhali.
Demands for Inclusion: Various languages such as Bhojpuri, Garhwali (Pahari), and Rajasthani are vying for inclusion in the Eighth Schedule. The MHA acknowledges the dynamic nature of language evolution but faces challenges in establishing criteria for inclusion.
Official Languages Act, 1963: Despite Hindi being an official language, the Act ensures the continuation of English for official purposes even beyond the initial 15-year period.

Apex Courts: The use of English is mandated in proceedings of the Supreme Court and High Courts, ensuring uniformity in legal communication. The Rajasthan High Court introduced Hindi for court proceedings, citing Article 348 (2) and the Official Languages Act.
Subordinate Courts and Regional Languages:

Code of Criminal Procedure (CrPC): The State Government has the authority to determine the language of subordinate courts within the state.
Code of Civil Procedure (CPC): While the language of subordinate courts is initially maintained, the State Government can declare a language and character for applications and proceedings.

Balancing Diversity and Accessibility: The debate on regional languages in courts underscores the need to make legal proceedings accessible to all citizens, considering linguistic diversity.
Gradual Transition: While the use of regional languages in courts is a growing conversation, any transition must be gradual and carefully implemented to ensure clarity and consistency.
Socio-Linguistic Dynamics: Encouraging the use of local languages in legal proceedings aligns with PM’s vision to facilitate understanding of the judicial process among citizens.