Author: Rupashree Meher, a student at Amity University Chhattisgarh, Raipur
Introduction
The quest of justice is inseparably connected to the ideas of equality, yet equal access to justice is significantly hampered by the use of English in higher judiciary proceedings. DY Chandrachud , the Chief Justice of India, stated that 99.9% of the population cannot understand the English language in its “legal avatar.”
Language is vital in ensuring that everyone has access to justice. When it comes to law, language is fundamental since it plays a crucial role in both interpreting the law and enforcing the application of justice, also it acts as a gateway to justice, promoting communication, comprehension and access to resources and legal rights for every member of a society. In Indian courts, language interpretation is critical to achieving justice. Due to the range of languages spoken in India, it is critical that litigants who do not speak or understand the court’s language can understand the proceedings. Limited English proficiency is especially prevalent in rural areas and among socioeconomically disadvantaged populations . Language barriers can seriously obstruct people’s capacity to access justice by making it more difficult for them to comprehend court proceedings, interact with attorneys, and assert their legal rights. This may lead to miscommunications, insufficient legal counsel, and unjust verdicts in court situations. Language diversity poses substantial barriers to obtaining justice and achieving equitable legal outcomes. Legal practitioners can help create a more inclusive legal system by recognizing and resolving these difficulties. Language barriers can be broken down by providing language services, developing multilingual resources, establishing legal aid programs, and promoting cultural competence, ensuring that all individuals, regardless of linguistic background, can exercise their legal rights and fully participate in legal processes.
This article examines the issue of access to justice in India through the lens of law and legal terminology , also explores the challenges faced by linguistic minorities in accessing justice, and evaluate the effectiveness of various strategies and initiatives aimed at mitigating language barriers.
Language and Access to Justice
The intersection of language and access to justice is a critical aspect of ensuring equal rights and opportunities for all individuals within a legal system. People’s access to justice is impeded if they are unable to obtain information on rights, governance, and participatory democracy because of a language barrier. People’s access to justice is hampered even in cases when they have an education and knowledge of their rights and obligations, especially if the information is not provided in a language they can understand. It may be argued that states should be required to make sure that citizens are aware of their rights, obligations, and laws, much like doctors are compelled to explain medical procedures to patients in a clear and comprehensible way. This would not only help citizens, but it would also ensure that participatory democracy is viable; people cannot engage if they do not understand. In order to rely on the law, they must first grasp it.
Challenges posed by linguistic barrier
The language barrier throws up significant hurdles for people trying to navigate the legal system, creating an uneven playing field for justice. Individuals unable understand the language used in judicial procedures face major barriers to accessing justice and can have a considerable impact on legal results. Here’s a breakdown of the key challenges:
- Language Barriers and Legal Representation
One of the primary challenges posed by language barriers is the impact on legal representation. Without proper language proficiency, individuals may struggle to communicate effectively with their lawyers. This can hinder the lawyer’s ability to understand their client’s needs, gather relevant information, and provide adequate advice. As a result, the quality of legal representation may be compromised, leading to unfavourable legal outcomes.
- Understanding Legal Terminology
Legal proceedings involve complex language and terminology that can be difficult for individuals with limited language proficiency to understand. Without a clear understanding of the legal terminology used in court, individuals may struggle to comprehend vital information, such as their rights and obligations. This lack of comprehension can leave them at a disadvantage and make it challenging to make informed decisions or present a strong case.
- Misinterpretation and Miscommunication
Misinterpretation is another critical issue that arises due to language barriers. Interpreting legal terminology accurately is a challenging task, and errors can have severe consequences for individuals involved in legal proceedings. This can result in misunderstandings between parties, inaccurate interpretations of rights and responsibilities, and hindered access to critical legal resources and services. As a consequence, individuals may not receive fair treatment , impacting the integrity and effectiveness of the justice system.
- Cultural Differences and Legal Understanding
Language barriers often intersect with cultural differences, further complicating the understanding of legal processes. Cultural nuances can affect how individuals perceive legal concepts and expectations within the justice system. These differences can create additional barriers to accessing justice, as individuals may struggle to navigate the legal system or feel that their cultural beliefs are not adequately considered during proceedings.
- Access to Legal Information and Resources
Limited language proficiency can hinder individuals’ ability to access legal information and resources. Legal information is often available only in the dominant or official language of a region, making it inaccessible to individuals with language barriers. This lack of access can prevent individuals from understanding their rights, legal processes, or available legal remedies. Furthermore, it can impede them from seeking legal advice or assistance, exacerbating the challenges they face in accessing justice.
Instances from real life that illustrates the effects of linguistic barriers
In the Indian legal landscape, the issue of language barriers impacting access to justice has been addressed in various legal judgements.
- One notable case that discusses the importance of overcoming language barriers for ensuring access to justice is CENTRAL BUREAU OF INVESTIGATION V. NAROTTAM DHAKAD (Supreme Court of India, 2023). 1This case highlights the significance of providing translated versions of legal documents, such as charge sheets, to accused individuals who may not understand the language in which the documents are originally written. The Court emphasized that ensuring understanding of legal proceedings is essential for upholding the rights to a fair trial, as enshrined in Article 21 of the Indian Constitution.
- Another relevant case is MOTI RAM AND OTHERS V. STATE OF MADHYA PRADESH (Supreme Court of India, 1978) , which emphasizes the importance of accepting legal submissions and affirmations made in any State language according to the law in that State, to uphold equality before the law for all individuals within the territory of India.
Current Solutions to Improve Language Access
Several approaches have been proposed and implemented to overcome the language barrier in access to justice . Some of this includes:
- Professional Interpreters
Courts and legal institutions can provide professional interpreters who can proficient in both language of the court and the language of litigant. This is a tried and true method where a qualified interpreter facilitates communication between individuals with Limited English Proficiency (LEP) and legal professionals. Courts are increasingly ensuring they have pool of trained interpreters available in various language.
- Technology-based solutions
Machine translation tools and language learning apps are on the rise, but their accuracy , especially for legal terminology, is still under development.
Using technology to access remote interpretation services, allowing for real-time interpretation during legal proceedings.
- Multilingual Legal Materials
Making legal materials and documents in multiple languages to ensure individuals can understand their rights and obligations. Many communities have organisations that provide legal support and translation services in multiple languages. These can be a valuable resource for those facing language barrier.
- Community Outreach and Education
Providing education and outreach programs to inform individuals about their legal rights and available services in their preferred language. Partnering with community organizations and advocacy groups to better understand the needs of linguistically diverse populations and develop targeted solutions.
- Cultural Competency Training
Law enforcement, court staff and professionals are undergoing more training to improve their cultural competency and communication skills when dealing with Limited English Proficiency.
While this solutions are helping, there’s still room for improvement. Ensuring equal access to justice requires a multi-pronged approach that combines human interpretation with advancements in technology, cultural competency training and continued support from community organisations.
Current Position
According to Chief Justice of India (CJI) DY Chandrachud, “Access to justice cannot be meaningful unless citizens can access and understand it in a language they speak and comprehend”. The CJI added that, in addition to using machine learning methods to translate the judgements, the court is engaging retired judicial officers to ensure the correctness of the translation.
The Law Minister Kiren Rijiju’s recent remarks regarding the usage of regional language in court are an important step toward the de-monopolization of legal norms, practices, institutions and their semantics.
Translation of Supreme Court judgement into regional languages such as Tamil, Gujarati, Hindi and Odia is one of the most important initiatives taken by the court. This ensures that LEP individuals comprehend the legal reasoning and implication of court decisions, even if the hearings are held in English.
Justice Abhay Oka chairs a committee that oversees translation work. These judgements are available on the Supreme Court’s website, mobile app, and the National Judicial Data Grid’s judgement portal.
Justice VR Krishna Iyer believed that the law should reach to the doors of the poor people , rather than their striving for it. Yet , the law has remained distant from ordinary people.
The Supreme Court of India started the Electronic Supreme Court Reports (e-SCR) initiative to provide a digital version of its rulings. The main objective of the project is to make rulings freely accessible to all people in regional languages.
On 74th Republic Day, 1091 judgements in regional language were launched, and vernacular rulings are available on the Supreme Court’s websites. It seems obvious at this point that taking this action would have a big influence on people’s ability to access justice as well as helping to break down language elitism and conquer language barriers.
Conclusion
Language is essential to gaining access to justice. It serves as a link between people and the judicial system, enabling them to know their rights, navigate the legal system and effectively represent themselves in court. Achieving equitable legal outcomes and gaining access to justice are significantly hampered by linguistic diversity. Legal practitioners can contribute to the development of more inclusive legal system by recognizing and resolving this issues. Language barrier can be eliminated, enabling everyone, regardless of language background, to exercise their legal rights and fully participate in the legal proceedings. By implementing the proposed solutions, the judicial system can become more inclusive and ensure that everyone has the opportunity to have their voice heard and their rights protected. This research paper will contribute to the ongoing dialogue about creating a just and equitable legal landscape that respects and accommodates the linguistic diversity .
