- A petition to transfer a vehicle accident case from the vehicle Accident Claims Tribunal (MACT) in Farrukhabad, Uttar Pradesh, to the MACT in Darjeeling, West Bengal, was denied by the Supreme Court.
- The court emphasised that language should not be an impediment to communication, and that witnesses should talk in Hindi, the national language, during proceedings.
Why are we debating this?
- Given India’s linguistic diversity, the Supreme Court’s declaration that Hindi is the national language provoked dispute.
- While no language is officially declared as the “national language,” Hindi retains an important position as the Union’s official language.
The Constitution and Official Languages
- Article 343: The Constitution specifies Hindi in Devanagari script as the official language of the Union, with English used for official purposes for the first 15 years following the Constitution’s adoption in 1950.
- Article 351: The Union is directed by the Constitution to foster the spread of Hindi while respecting the forms and expressions of the other languages listed in the Eighth Schedule.
Linguistic Diversity and the Eighth Schedule
- Eighth Schedule: The Constitution’s Eighth Schedule recognises 22 languages, including Hindi, Bengali, Punjabi, Tamil, Telugu, and Urdu. The Schedule has grown over time to include languages such as Bodo, Dogri, Maithili, and Santhali.
- Inclusion Demands: Several languages, including Bhojpuri, Garhwali (Pahari), and Rajasthani, are seeking to be included in the Eighth Schedule. The MHA recognises the dynamic nature of language evolution but confronts difficulty in setting inclusion criteria.
- Despite the fact that Hindi is an official language, the Official Languages Act of 1963 ensures that English will continue to be used for official purposes after the first 15-year period.
- English Status in Judiciary Apex Courts: The use of English is required in Supreme Court and High Court proceedings, guaranteeing consistency in legal communication. The Rajasthan High judicial used Article 348 (2) and the Official Languages Act to integrate Hindi into judicial proceedings.
Subordinate Courts and Regional Languages:
- The State Government has the ability to choose the language of subordinate courts within the state under the Code of Criminal Procedure (CrPC).
- While the language of subordinate courts is originally preserved, the State Government may define a language and character for applications and proceedings.
Source: https://www.scobserver.in/journal/language-barriers/