Hindi as official court language in Haryana - INDIAN EXPRESS WORLD


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Saturday, 27 June 2020

Hindi as official court language in Haryana

                          Hindi as Official Court language in Haryana
  1. the Haryana government's decision to enforce use of Hindi in all courts and tribunals across the state has been challanged in the Supreme Court.
  2. A petition has been filed to challenge the new section 3A incorporated into the Haryana Official Language (Amandement) Act,2020.
  3. Petitioners argue tha the amendment was made with the assumption that everyone practising law in Haryana not only knows Hindi but is also fluent in it.
                                                  The Haryana Official Language 
                                   (Amendment) Act,2020
      >The amendement has been made to the Haryana Official Language Act 1969
      >Introduce a new section 3A
      >Designated Hindi as the sole official language to be used for conductiong work in all civil courts            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 State                          Government.
                                             Arguments against the Amendment
      Unconstitutional and Arbitrary
       >Create and unreasonable classification between Hindi and non-Hindi speaking advocates.
       >Violation of the fundamental right to equality (Article 14) freedom to practice a profession 
         of choic,(Article 19), dignity and livelihood and personel liberty (Article 2) as guranteed under
         the constitution.
         Use of English in the Courts:
       >English is Widely used by advocates in the subordinate judiciary and the lower courts.
       >Imposing Hindi will create problems for practising lawyers since the level of fluency and
         expertise needed to argue and represent a matter in Hindi is much more than a simple                               understanding of the language.
       >There are a significant number of lawyers who would not be able to argue their cases to the 
         fullest in Hindi as most cases are related to industry sectors.
                                   Government Response
     >Haryana was seperated from the erstwhile state of punjab in 1966 on linguistic basis as Hindi 
          is the predominantly spoken language in the area.
        >In 1969, Hindi was declared the official language of Haryana.
        >Punjab had then introduced punjabi in all civil courts and criminal courts.
        >The state has argued that many times the witnesses don't know what has been recorded in his or              her statement in the court if the same is recorded in English. Hindi practically necessary.
        >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 is the single largest spoken language(43.63% of people in India.)
         >The Constituent Assembly of India adopted Hindi written in Devnagari Script along with                       English as the official language of the country on 14th september 1969 under the Article 343(1)       
                                                   Constitutional Provisions
      >Part XVI of the Indian Constitution deals with the official languages in Articles 343 to 351.
         >Article 343(1) states that the official Language of the Union government shall be Hindi in                       Devanagri script.
         >Article 351 gives power to the union Government to issue a directive for the development of the
            Hindi language.
         >Atcoring to Article 348 language to be used in the Supreme Court and in high courts and for                   bills acts etc. will be in the English language until Parliament by law provides otherwise.
         >The Hindi language is one of the 22 language of the EIghth schdule of the constitution of India.

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