By Saurabh Malik Give English a fair share in the legal proceedings. It may still be the second language in a country that is witnessing a tectonic shift towards Indianisation of everything – right from bringing about an unwarranted change in the names of boards and corporations to cities and even roads and streets. But let English officially remain the “lingua franca” of the courts; and not only because it is mandated by the Constitution. Article 348, on language to be used in the courts and for Acts and Bills, makes it clear that all proceedings in the Supreme Court and in every High Court shall be in English language. The Constitution, over a period of time, has been amended over and over again. But the age-old practice has withstood the forces of time that have the unrelenting capacity of altering almost everything and has continued to exist, practically uncontested. Any attempt aimed at turning the legal system “swadeshi” by making the court language “swachh” and English-free will only bring about complications that are so far foreign to the justice delivery mechanism. The Indian legal system is not “made in Bharat” and the concept of “Make in India” cannot be brought into play completely even in the subordinate judiciary. Its essential components were brought in by the British in the pre-Independence era. Any argument aimed at turning it into common man’s system by allowing the proceedings at all levels in his language is unwarranted. Yet some opposition parties in Punjab have raised the issue. The furor stems from a confusion generated by a Punjab Government notification on maintenance of case record in English. They assailed the “decision” - that never was taken - on the ground that not too many people in this part of the region are conversant with the language of the courts; and when the proceedings are in English, it makes it all the more difficult for them to understand. It’s much ado about nothing. English has not been made mandatory and the notification deals with abstract or summary of cases prepared after the pronouncement of verdict for the understanding of the appellate Court. As of now, the proceedings before the Court of Sessions are in English. But sometimes, and in some cases, it is in Punjabi before the judicial magistrates depending upon assistance by the advocates. But, nevertheless, the voice for change is being heard in favour of Punjabi. It will continue to be heard, again and again. People in other states, too, have been coming out with pleas to localise the system by adopting their language; and the demand gaining momentum is a possibility ruling out of which may not fall in the realm of wisdom. The argument aimed at absolute Bharatinisation of the justice delivery system by removing what is termed a relic of the Raj sounds lucrative at first blush; and its easy acceptance seems inevitable even to a discerning mind. A person, any person not grounded in law, cannot be expected to comprehend in still a “foreign” language what he fails to appreciate even otherwise. The line of deliberation is also in sync with President Ram Nath Kovind’s thought process. The President said it was important to not only take justice to the people, but also to make it understandable to litigating parties in a language they know. The litigant may not be conversant with English and the finer points of the judgment may escape him or her. To interpret the words in a manner to suggest that English should be made “second language” in the courts and proceedings held in the lingo of a common litigant is flawed. The system the country has inherited is nothing but flexible. It tends to create space for arguments and proceedings in languages other than English when the need arises. The statement of witnesses is recorded by the police, more often than not, in the language of the masses; the witnesses are examined and crossed-examined before the court in their languages during the course of trial; and their statements are translated into English in the process of recording by the judicial officers themselves. The arguments, on behalf of the litigants, are made by the lawyers; and where the litigants appear in person, the Judges are benevolent enough to hear them out in their native tongue. They are heard and explained things in the language they understand. Problems in comprehension in all such matters are almost always solved by arranging free legal aid counsel for them. The judicial decisions are primarily based on the interpretation of statutes and rulings, almost all of which are in English. The Supreme Court has now taken a decision to translate its judgments into vernacular languages. But the Privy Council decisions in the 19th century are still relied upon. The demand for use of local language during proceedings also erroneously assumes that the matter would not travel beyond the trial court with presiding officers well-versed with the lingo. The High Courts have judges not just from one state. The Supreme Court has them from across the country. To expect a Judge from Chennai to understand trial court proceedings in Punjabi would be expecting too much. The solution lies in explaining things to the litigants in their language, while carrying out the proceedings in English; and the responsibility for this has to be shared by both Bar and the Bench. Law & Order Not an absolute right Your right to carry out a religious procession or to oversee religious congregation on public land or property is not absolute. The judgment by the Punjab and Haryana High Court means that it is a right, indeed, but subject to certain conditions, permissions and restrictions – the maintenance of law and order being one. Freedom of religion in India is, otherwise, a fundamental right guaranteed under Articles 25-28 of the Constitution of India. Every citizen of India has, as such, a right to practice and promote religion peacefully. But the judgment indicates that it cannot be at the cost of law and order.

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