This article is written by Anisha Bhandari from the Institute of Law, Nirma University. The article discusses the Haryana official language controversy as well as how the amendment was brought into the picture.
Table of Contents
Introduction
The Haryana Official Language (Amendment ) Act, 2020 was passed by the Legislature of the State of Haryana. It declares Hindi as the only official work language in all courts and tribunals constituted by the State Government. The reasoning behind this provision, endorsed by 78 MLAs and the Attorney General, is that it should be good for the ordinary citizens of the state to learn and partake with the procedures of the trial. It would also empower a common man to come before the court with his own perspective on a particular matter.
Background
The imposition of Hindi was contested in several non-Hindi states, especially in the southern state of Tamil Nadu. Strong riots broke out in Southern India, prompting the then Prime Minister Jawaharlal Nehru to enact the ‘Official Languages Act‘ in 1963, which guaranteed the continuity of English and Hindi as the official languages of the Union of India. The anti-Hindi riots of 1965 represented a significant shift in the official language strategy of India. Different national languages are increasingly replacing English as a means of directives and official functions in the member states. This is reasonable, however, that the prevalent languages will protect their rightful position. Since Hindi is the predominantly spoken language in the state of Haryana, it has, therefore, become a matter of practical necessity to use it for the purposes of working in courts and tribunals subordinate to the High Court of Punjab and Haryana.
The Recent Period
Recently, the policy of the Haryana Government to introduce the usage of Hindi in all courts and tribunals in the state has been questioned in the Supreme Court. A petition, under the name Sameer Jain and Ors. v. State of Haryana and Anr., contesting the latest Section 3A introduced in the Haryana Official Language (Amendment ) Act, 2020 was submitted. The petitioners contended that the amendment was introduced under the premise that anyone enforcing the law in Haryana not only understands Hindi but is also fluent in it.
However, this amendment to the Haryana Official Languages Act, 1969, was jointly challenged in the Supreme Court by five lawyers, including Sandeep Bajaj, Suvigya Awasthi, Angad Sandhu, Sameer Jain and Anant Gupta. They opposed the amendment introduced on the basis that it establishes an unfair distinction between those who understand Hindi and those who do not.
In order to spread the use of Hindi as the language of the citizens of the state, it is important for this language to be used in our day-to-day work. The purpose of fair justice is for the complainant to get redress immediately in his own language and not to remain speechless through the trials.
Constitutional Provisions
Part XVII of the Indian Constitution deals with the official languages referred to under Article 343 to Article 351. Article 343(1) specifies that the official language of the Government of the Union shall be Hindi in the Devanagari script. Article 351 empowers the Government of the Union to issue a Directive for the growth of Hindi language. Pursuant to Article 348, the terminology to be used by the Supreme Court and the High Courts except for laws, actions, etc. shall be in the English language, till such time as the Parliament specifies otherwise. Hindi is one of the 22 languages of the 8th Schedule of the Constitution of India.
Significance of this development
There have been a significant number of cases where the victim refused to recognize what had been documented in his or her testimony. Therefore, to fix this dilemma faced by the commoners as well as to provide justice \, Hindi, as an official working language, turned out to be a requirement. This provision, as reported by the Government of Haryana, will also allow the people of Haryana to take part in and recognize the entire judicial process.
Controversy
It wouldn’t be unfair to address the local people of Haryana as ‘socially backwards’, because it is equally accurate that they find it challenging to understand English. This eventually poses a hindrance for the commoners to take an active role in legal proceedings. However, the major disagreement with this amendment has been demonstrated by lawyers who are fluent in English. This also includes the category of lawyers whose ultimate goal is not to build a career in litigation, but to hold judicial offices in the future. To a large extent, their concern is certainly valid, i.e. switching to the Hindi language for all official work in such an extremely short period of time. In addition, this change in the official language from English to Hindi would also act as an obstacle to the success of judicial reviews.
Another argument initiated by many scholars is that the country’s entire judicial structure, as well as the functioning of the High Courts and the Supreme Court, is English-oriented. So, would it be justifiable and well-founded to shift the official language of the district courts and tribunals to Hindi? In comparison, when it comes to young workers from designated colleges in the world, who are English-oriented, they will need preparation to contend and operate in Hindi, resulting in delays in court proceedings.
Salient Features
Section 3A was inserted to the Haryana Official Languages Act, 1969, which designates Hindi as the single official language to be used in all the civil and criminal courts in Haryana, subordinate to the High Court of Punjab and Haryana, all Revenue Courts and Rent Tribunals or any other court or tribunal constituted by the Haryana Government. The notice on the same matter was released on 11 May 2020. The amendment also notes that the government has to provide translators, requisite equipment and training to workers within a span of 6 months from the commencement of the Haryana Official Language (Amendment ) Act, 2020.
In addition, it should be noted that the government of the State has the power to decide the language to be used for the successful conduct of all its offices, including judicial proceedings. For this provision, the state government is often assisted by the judicial and civil authorities.
Plea in Supreme Court
The petitioners claimed that the prohibition of the use of English in subordinate courts is manifestly unconstitutional, has little legislative justification, and would potentially have a negative effect on the working class in the community. The amendment makes an unfair distinction between lawyers who can understand Hindi and are fluent in it and lawyers who cannot. This amendment is, therefore, in violation of the fundamental rights of the advocates guaranteed under Articles 14, 19 and 21 of the Constitution of India. The other argument is that Section 3A has been incorporated on the basis of a vague assumption that any advocate who practices in the lower courts is not only capable of understanding Hindi but has excellent fluency and command over Hindi. This will only result in a number of lawyers being handicapped in managing their issues with utmost competence.
They said that the degree of fluency and knowledge required to argue a Hindi argument was far higher than just a basic comprehension of the language. “English is a commonly spoken language in our world, and banning it from being used in numerous subordinate courts is manifestly unconstitutional, has no legal basis and far-reaching implications for citizens living and working in the State of Haryana.”
While arguing that this amendment is not appropriate as it would have far-reaching consequences for the commoners and advocates, the petitioners stated that the state of Haryana is an industrial hub, where people from different parts and strata work and it can not be concluded that all of them are fluent in Hindi. In order to illustrate the problematic situation that would emerge for the supporters of the mandatory use of the Hindi language, the complaint relates to the level of knowledge which is comprehensible rather than being problematic. That a lawyer is required to bring to the court and make a specific case, which is much more complicated than a pure understanding of the language.
Arguments in Favour
The very reason for the introduction of Section 3A was that the division of Haryana from former Punjab, in 1966, was based on the language disparity between the two. In 1969, the State of Haryana proclaimed Hindi to be the official language of the state. It was the same year when Punjabi was made compulsory for the functioning of the courts in Punjab. Another point is that, in modern years, English has displaced several of the main regional languages as a significant means of instruction. As a result, it has become practical and necessary to make predominantly spoken languages compulsory for courts, and for other subordinate criminal and civil courts to operate.
Argument Against
The imposition of Hindi as the only official language to be used in lower courts throughout the state would establish an unfair distinction between Hindi and non-Hindi speaking citizens. The amendment is a breach of the universal right to equality (Article 14), freedom to exercise the right to occupation (Article 19), and the right to integrity, life and personal liberty (Article 21) provided by the Indian Constitution. English is widely used by lawyers in the judiciary and the lower courts. Imposing Hindi can pose challenges for practising attorneys, as the degree of fluency and knowledge required to contend and portray a matter in Hindi is far more than having a basic understanding of the language. With major cases in industry sectors, a lot of lawyers would not be able to argue their case in Hindi.
Government’s Stand
The government found out that Haryana was divided on linguistic lines from the former state of Punjab in 1966, as Hindi was the predominantly spoken language in the province. In 1969, Hindi was proclaimed as the official language of Haryana. Punjab has adopted Punjabi in both civil and criminal courts. Hindi, the prevalently spoken language in the state of Haryana, has, therefore, been a question of a functional requirement for the purposes of functioning in courts and tribunals subordinate to the High Court of Punjab and Haryana. The State argued that many a time, the witnesses do not know what has been recorded in his or her statement during the proceedings if the same is recorded in English. That’s why Hindi is practically necessary. In a democracy like India, a person may get justice easily under his or her own language and needn’t stay speechless throughout the trials. Previously, several MLAs of Haryana, the Advocate General, and hundreds of activists advocated the use of Hindi language in the courts, so that the people of Haryana could recognize the whole cycle of justice in their own language and could conveniently express their views to the Courts.
Critical Analysis
When evaluating the change made, we do need to look at the effect this change would have on the other relevant issues. One such thing is that there is a need for judicial services in the minds of young lawyers and the point of concern is that English is a mandatory language in the Haryana Judicial Services Test, however, this change will inevitably sever the bond between young minds and the English language. There is one more backing to the government’s point that states like UP and Rajasthan have already made such changes. This is because when it comes to states like Uttar Pradesh, Bihar, Madhya Pradesh and Rajasthan, the use of Hindi has been complemented by English and it is easy for the advocates as well.
Conclusion
The Government of the State has the authority to render such a provision, but it is the Hon’ble Supreme Court that has to determine whether or not it is t justified to bring an end to the use of English in subordinate courts. It is up to the Supreme Court to determine whether this provision is ultra vires to the right to liberty, existence and integrity, and the freedom to exercise the occupation of opting or not. However, it is fair to say that such a drastic change in language would confuse others, so it would be prudent to render Hindi as an optional official language.
References
- https://www.latestlaws.com/bare-acts/state-acts-rules/haryana-state-laws/haryana-official-language-act-1969/
- https://lexlife.in/2020/06/12/analysis-haryana-official-language-amendment-act/
LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:
