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Prakash Yedhula (Lawyer)     18 June 2010

Should regional languages allowed to be used in High Courts

A section of lawyers from Tamil Nadu are agitating that Tamil should also be used as official language in High Court apart from English. Should this be allowed? Your comments.



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 14 Replies

Daksh (Student)     18 June 2010

Dear Mr.Y Prakash,

The correct way to do it is to be through the Resolution of the Concerned Bar Association who in turn can take the other Bar Association into confidence.

Further it is also a policy matter as the same may require amendment of High Court Rules as well.

Otherwise individual convenience and views vary from person to person.  In my personal view there is no impediment (as this arrangement is alternatively with existing English) nothing wrong provided there is no procedural problem.

Best Regards

Daksh

raj kumar ji (LAW STUDENT )     18 June 2010

ya its not wrong in the high court regional language is used its simple to work all the local lawyers and all the local parties .

so i think it 's not wrong to use the local language in official language

Rekha..... ( Practicing lawyer(B.Com LL.M in Business law ))     18 June 2010

YES !!! Y. Prakash Sir...

Shree. ( Advocate.)     18 June 2010

Dear All,

PART XVII
CHAPTER III.-LANGUAGE OF THE SUPREME COURT, HIGHCOURTS, ETC.

348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.-

  1. Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides-
    1. all proceedings in the Supreme Court and in every High Court,
    2. the authoritative texts-
    1. of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State,
    2. of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or the Governor _304*** of a State, and
    3. of all orders, rules, regulations and bye-laws issued under this Constitution or under any law made by Parliament or the Legislature of a State, shall be in the English language.
  2. Notwithstanding anything in sub-clause (a) of clause (1), the Governor of a State may, with the previous consent of the President, authorise the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State:
    Provided that nothing in this clause shall apply to any judgment, decree or order passed or made by such High Court.
  3. Notwithstanding anything in sub-clause (b) of clause (1), where the Legislature of a State has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislature of the State or in Ordinances promulgated by the Governor _304*** of the State or in any order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, a translation of the same in the English language published under the authority of the Governor _304*** of the State in the Official Gazette of that State shall be deemed to be the authoritative text thereof in the English language under this article.

Shree. ( Advocate.)     18 June 2010

As seen in the above post from the constitution of India, it is legal to introduce an "Official Language" of a state(Tamil in TN) as a "High Court Language" of that state.

2) Tamil would be used along with English - our intention is NOT to replace English.

3) If the Judge is NOT comfortable with Tamil, he can choose English.

4) States like Bihar, Rajasthan, UP, MP use one of their "Official Language" - Hindi as an "High Court Language" along with English.

5) In TN, 87 % of the population has Tamil as Mother Tongue. Of the remaining 13 % a significant number would be fluent in Tamil. This move would enable the "Tamil-literate/English Illiterate population to follow the proceedings of the High Court.

Then Why Not our  mother tongue should be  a official language of High court????????

Arup (UNEMPLOYED)     18 June 2010

state language should be used for all communications so far it is practicable.


(Guest)

In this regardplease aso have a view of the following link;

 

https://www.lawyersclubindia.com/forum/Re-Indian-languages-in-High-Courts-19599.asp?1=1&offset=1

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     18 June 2010

REGIONAL LANGUAGE USAGE IN COURTS  SHOULD BE ENCOURAGED , IF THE CONCERN JUDGE IS IN CABLE TO KNOW THE SAME

malaisamy (M.A.,B.L.,)     19 June 2010

Yes. I welcome the regional language in the High Courts as their language.

Law and language are growing. Let them to grow simultaneously.

Thanking you.

Suchitra. S (Advocate)     19 June 2010

I am always with a view to encourage local language in dealing with cases in that area as, language is only a means of communication. It is advisable to use a local language as it is most convenient way. High Courts should have regional language as Court's language.

Anil Agrawal (Retired)     19 June 2010

I fully agree that State language should be used. For instance, an Assam Government communication to Tamil Nadu Government would be in Assamese. Tamil Government's reply would be in Tamil. Eighth schedule of the Constitution recognises 22 languages. The number has gone from the original 14 to 22. In course of time and as per political compulsion, Chhatisgarhi, Bhojpuri, Haryanvi, Marwari, Tulu, Awadhi, Brijbhasha, Kutchchi, and what not would be included.

Therefore, on the principle of more the merrier, all the languages should be used in HC. A documentary evidence can be in any language. Therefore, courts will have their task cut out. Getting translation of all the documents in the language of the court so that instead of 15 years, the case takes 30 years to reach finality.

Say for instance, when all the documents are in Kannada in Karnataka HC and then the case goes to Supreme Court, start all over again.

Jay Ho. Are we a nation?

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     19 June 2010

as high court judgements are normally referred across our country, it does not sound feasible as there are some meanings of english words which does not translate fully or describe meaning in the regional languages.

as it is a court of record and a person like lawyer he should atleast know english to be competent and follow the citation / orders from various high courts.

Rekha..... ( Practicing lawyer(B.Com LL.M in Business law ))     19 June 2010

whatever it may b I want Regional language to b used in all courts. Even though V know English. Plz come out from the dominance of the western infulence. 


(Guest)

NO COURT IN UNION OF INDIA CAN DENY MATTERS IN;

 

1.    INTERNATIONAL LANGUAGE                 – ENGLISH

 

2.    RAJBHASHA OF UNION OF INDIA         -  HINDI

 

3.    SCHEDULED REGINAL LANGUAGE    - OF RESPECTIVE REGION

 

Responsibility of supply of translated documents is laid upon the Applicant / Claimant and appointment of translators is lied upon the Government.

A NATION IS NOT WITHOUT ITS LANGUAGE


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