Recently, the Haryana government’s decision to enforce the use of Hindi in all courts and tribunals across the state has been challenged in the Supreme Court. A petition has been filed against the newly incorporated Section 3A in the Haryana Official Language (Amendment) Act, 2020. The petitioners contend that the amendment was made under the assumption that every legal practitioner in Haryana is not only familiar with Hindi but can also fluently speak it.
Insight into The Haryana Official Language (Amendment) Act, 2020
The 2020 amendment to the Haryana Official Languages Act, 1969 introduced a new section – 3A, which mandates the use of Hindi as the sole official language in all Civil Courts and Criminal Courts in Haryana that are subordinate to the High Court of Punjab and Haryana. This also includes all revenue Courts and rent tribunals or any other court or tribunal established by the State Government.
Furthermore, the amendment stipulates that the state government should provide the necessary infrastructure, translators, and staff training within six months of the commencement of the amended Act.
Criticisms Against the Amendment
The new amendment to the Act has been criticized for being unconstitutional and arbitrary. Critics argue that imposing Hindi as the principal official language used in regional courts could establish an unreasonable classification between Hindi-speaking and non-Hindi speaking lawyers. They contend that this amendment is a violation of the fundamental right to equality (Article 14), the freedom to practice a profession of choice (Article 19), dignity, livelihood, and personal liberty (Article 21) as guaranteed under the Constitution.
English Usage in Courts
English is extensively used by lawyers in the subordinate judiciary and lower courts. Imposing Hindi could pose challenges for practising lawyers, as the level of fluency and expertise required to argue and represent a case in Hindi is much greater than a simple understanding of the language.
The State as an Industrial Hub
Considering that Haryana is a significant industrial hub, there are many lawyers who may not be able to competently argue their cases in Hindi since most cases are related to industry sectors.
Government’s Stand on the Issue
The government has pointed out that Haryana was separated from the erstwhile state of Punjab in 1966 on linguistic grounds, as Hindi is the predominantly spoken language in the area. Recalling that in 1969, Hindi was declared the official language of Haryana, and Punjabi was introduced in all civil courts and criminal courts in Punjab. The authorities argue that it is practically necessary for the courts and tribunals subordinate to the High Court of Punjab and Haryana to use Hindi, the predominantly spoken language in the state. They also suggest that in a democracy, every citizen should get justice quickly in his own language and should not remain speechless during the proceedings.
Hindi as an Official Language
Hindi language, spoken by 43.63% of people in India, is the most widely used language. The Constituent Assembly of India adopted Hindi along with English as the official language of the country under the Article 343 (1) on 14th September, 1949.
Historical and Constitutional Perspectives
The imposition of Hindi as an official language has been contested in several non-Hindi states, especially in the southern state of Tamil Nadu. In response to violent protests, the then Prime Minister Jawaharlal Nehru introduced the ‘Official Languages Act’ in 1963, which ensured the continuation of English along with Hindi as Union of India’s official language. The ‘Official Languages Act’ was amended again in 1967 guaranteeing a “virtual indefinite policy of bilingualism” for all of Union’s official purposes.
Looking Ahead
Considering the linguistic diversity of India, it is crucial to hold extensive consultations and form committees concerning the use of languages in the states, particularly in relation to the judiciary. This would ensure that the justice system does not get delayed due to the medium of communication and language. The provision of optional use of Hindi in proceedings has already been made in the high courts of Rajasthan, Uttar Pradesh, Madhya Pradesh, and Bihar. These measures could potentially be supplemented with the continued use of English.
