"High Court vs. Mother Tongue: A Legal Reality Check.

 108. GEOPOLITICAL

  "High Court vs. Mother Tongue: 

   A Legal Reality Check.    

                   

Bridging the Language Barrier in Indian Courts: A Citizen's Guide

The Language of Justice: Can you argue in your mother tongue in the High Court?

Recently, a significant discussion surfaced regarding a Petitioner-in-Person at the Telangana High Court who was not permitted to argue in Telugu and was advised to engage a lawyer. This raises a vital question: **In a country as diverse as India, why is language still a barrier to justice?**

If you are planning to represent yourself (Party-in-Person) or want to understand the rules of the game, here is a breakdown of the legal reality:

1. The Constitutional Mandate (Article 348)

While we take pride in our regional languages, the High Courts and the Supreme Court are governed by Article 348(1) of the Constitution, which mandates that all proceedings shall be in English

The Exception: Under Article 348(2), a Governor can authorize the use of a regional language with the President’s consent. States like UP, MP, and Rajasthan use Hindi, but in Telangana and Andhra Pradesh, English remains the sole official language of the High Court.

2. The Power of Written Arguments

If language is a barrier, your strongest weapon is the Written Argument.

Civil Cases: Under Order 18, Rule 2(3A) of CPC, parties can submit written arguments to the court.

Criminal Cases: Under Section 354 of BNSS (formerly Sec 314 CrPC), you have the right to submit a written memorandum of your arguments.

Pro-Tip: Draft your arguments in Telugu first, get a certified English translation, and submit them. This ensures your points are on record exactly as you intended.

3. District Courts: A Different Story

Unlike the High Court, our Subordinate/District Courts are much more accessible in terms of language.

Section 137 of CPC and Section 307 of BNSS (formerly Sec 272 CrPC) empower State Governments to determine the language of the lower courts.

In Telangana and Andhra Pradesh, Telugu is an official language for district-level proceedings. You have the right to testify and argue in your mother tongue here.

4. The "Translation" Revolution

Under the leadership of the Hon'ble CJI D.Y. Chandrachud, the  e-SCR project is now translating thousands of Supreme Court judgments into regional languages, including Telugu. While this helps in understanding the law, the argument in higher courts still requires English proficiency or legal representation.

My Take:

Justice should not only be done but should be seen to be done in a language the common man understands. While the High Court's reliance on English is rooted in maintaining a uniform 'Court of Record,' the push for regional languages is gaining momentum.

What do you think?

Should High Courts allow arguments in regional languages to make justice more inclusive, or would it complicate the legal process?

#LegalAwareness #HighCourt #Telangana #JusticeSystem #LanguageRights #IndiaLaw #ProSe #LegalEducation #Telugu                                                                        

 Here is a quick summary of the "Golden Rules" we discussed for anyone fighting their own case:

• Higher Courts (High Court/Supreme Court): Language is English (Article 348). Use Written Arguments to ensure your points are recorded accurately.

• Lower Courts (District/Munsif): Language is Telugu (Section 137 CPC / 307 BNSS). You have the freedom to speak and hear justice in your mother tongue.

• Resource: If someone cannot afford a lawyer, they should always approach the Legal Services Authority for free assistance.

•                                                                    -----------PENDYALA VASUDEVA RAO

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