When speech was elusive in the primitive times, people used to communicate with others through signs and sometimes through symbols. Over time this has evolved and now it is restricted to communicate with the deaf. Sign language has its own grammar and lexicon and it is not universal though it has evolved significantly over the years with and without meticulous planning.
Even after all these developments, only a few sign languages have obtained some legal recognition but most do not have any legal status at all. In the field of law, sign language is not at all accepted which is why breaking the legal language barrier is so vital.
Save Reputation And Expedite Proceedings
Use of interpreters in court may prolong the process which is as it is long by its nature and may also lead to confusion if things are not interpreted precisely. Moreover, there is a question of experience of the interpreter that may even affect the court proceedings and the repertoire of the International lawyers in india at the same time. That is why it is high time to accept and adapt with the long-standing demand of the Department of Official Language.
According to the department it is necessary to use regional languages in courts to facilitate legal proceedings. With foreign investments on the rise, such need is even more profound.
Communication Is The Key
Justice cannot prevail if there is any lack in communication. Therefore, breaking the language barrier is necessary. There are lots of other reasons for it as well.
- It will retain and ensure the integrity of the legal system. Countries that face such language barrier cannot provide common people or any foreigner proper access to justice which is a shame for any independent country.
- As it is the complexity of statutory language is difficult enough to understand for any common man and especially those foreigners who do not know the A, B and Cs of the local dialect. Breaking this language barrier will make a judicial system comprehensible to the people.
- Apart from limiting the understanding of the rights, language barrier will exacerbate lack of awareness. To access the justice system and to promote the confidence of a common man, the language difficulties should be eliminated which is the ulterior motive of the court.
It also makes the process less burdensome and eliminates the risk of misunderstanding and thereby passing of a wrong judgment for and by a non-English speaker.
Current Constitutional Scheme
The idea of breaking the language barrier is to allow the court to provide judgment in the language spoken by the litigant. As per the current constitutional scheme English has been accepted as the official legal language in several countries such as America, India and others apart from the UK.
However, this has not eradicated the problem from the root. There are still a few serious concerns raised by Top international law firms about the issues they face in courtrooms to provide judgment for a common litigant. Hence the idea of recommending the use of regional language in courts is pursued by several state governments as well.
Advocacy Of It
The need for the Department of Official language is even advocated by the supreme powers and from all corners of the country that is serious to provide justice to one and all, irrespective of caste, credit and nationality, business or an individual.
- The powers that be are also advocating for a system that will allow a litigant to avail copies of court judgment translated in local and regional languages. The argument to this is that when such certified translations are provided it will benefit the litigants who are not well conversant in English.
- On the other hand, it is also argued that when a litigant does not know about the legalities and legal systems they will not be able to understand the linguistic nuance of courts which is mandatory and essential as per the legal statutes.
- Furthermore, it is said that an incomprehensible legal system will raise doubts and apprehension in the minds of foreign investors which will be a significant hindrance to the economy and development of the country on the whole.
All these supports from all corners have made a strong recommendation for the use of regional languages in the courts.
Language Services In Justice
At the heart of this debate of using official and regional language in the courts lies the vital importance of passable language services in justice. This, experts say, will provide access of any litigant to justice irrespective of their mother tongue. This notion is however interlinked with the claims of the linguistic human rights claims.
Economists and social activists all over the world support this. They even go a step ahead to argue that most people assume that devising different means to deliver justice is not to make people realize that world is falling short of being just. On the contrary, it is to make them understand that these are a tool to eliminate the remediable injustices easily.
Fair Administration Of Justice
When the issue of language is resolved then the remediable injustice will be eradicated paving the path of fair administration of justice. The judicial system has always been the central plinth of any constitutional structure of any country which will draw foreign investors and even tourist to come and enjoy the benefits, beauties and opportunities that that country has to offer. It is for this reason that the judicial branch repose confidence in regional languages for it functional utility, especially if that country is known for its huge diversity in regional languages.
The Language Apparatus
Authorizing the use of regional language in the courts to provide better and more desired judgment, the language apparatuses at International Courts have realized and proved that incorporation of translation services in the courts can prove effective. It also states that the cost of it must not be imposed on the taxpayers to seek justice which will enhance the cost of justice which is as it is high.