The Tamil Nadu chief minister M. Karunanidhi has reacted angrily to the Supreme Court’s rejection of his request to allow the Madras High Court to use Tamil in its orders, decrees and other proceedings. He has dashed off a letter to the Prime Minister and urged the law and home ministers to assistant TN in getting the President’s assent for Tamil to be used.
Karunanidhi’s contention is that in a multilingual country like India, a single language cannot be used. He says denying Tamil the pride of place in its own courts would pour cold water on regional aspirations. And he says if Hindi can be used in the courts of the northern states, there is no justification for Tamil to be denied the privilege.
Questions: Should the local language—Tamil, Telugu, Kannada, Malayalam—be used in the courts? Will this help the vast majority of litigants who are ignorant of English or are our bankrupt politicians only using language as a figleaf for their other inadequacies? Is the SC right in denying permission? Is it wrong in seeking to protect judges who are, generally speaking, unaware of the local language?
Having one (English), or two (Hindi) should be fine. Anything else is asking for trouble. For example, what happens when litigants are from two different states? Say I (Keralite) have a complaint against a company (in Tamil Nadu) and I file a complaint at the place of residence (Karnataka). Which language will be used (kannada?) and how are the parties supposed to respond in a language they don’t understand?
Generally speaking, its just going to create too much work for the staff and slow down our (even otherwise) slow judicial system. On the positive, lawyers with multi-lingual skills and translators will be greatly in demand.
“Divide and Rule” is something that the British used (with great results )in India. Looks like our politicians have caught up :-(
If it can help the vast majority of litigants who are ignorant or cannot converse in english then it should be fine. After all, the comman man is not living in the environs of say..Sikkapatte Important Company or be like Sowcaru!!
The tax payers money is till date being paid for translating all tamil documents to english for madam jaylalithas case since it got transfered out.
So, in order to save money, let there be only 1 or 2 language.
“And he says if Hindi can be used in the courts of the northern states, there is no justification for Tamil to be denied the privilege.”
Doesn’t that sum it up ? What’s the ahrm in using both English and the local language. The two language solution is ideal.
The poll question should have been framed differently given the court hierarchies in India. Karunanidhi is upset at supreme court for not allowing Tamil in Madras HIGH COURT. This has nothing to do with use of Tamil in lower courts.
I support the use of local language in all LOWER COURTS. Most of the lower court litigants, court workers, judges and lawyers understand local language. When most of the litigants can’t understand English, what’s the point of conducting proceedings, handing decrees and orders in English?
Can we expect people to follow court orders if they can’t understand the language of the court order? Special care must be taken if litigants are illiterate or non-local.
The situation in higher courts has been muddied by the introduction of judges from outside the state (similar to IAS/IPS officers). Should they be required to develop some proficiency in local languages? Can they deliver justice if they don’t understand local language? A lot of things are lost in translation anyway.
To Sujith: Your hypothetical case can be handled by being flexible involving litigants from different states. You can’t build a system around exceptions. Translations can be mandated in your special situation. Your “Divide and rule” statement does not make sense. We have already alienated a vast majority of our people from direct democratic participation by insisting on the use of English in administration and courts.
It matters not what language the proceedings are conducted in a court of law, for justice has no language. But, come to think of it, justice delayed, as is often the case, is the most painful language of them all.
Everyone knows Karunanidhi and his antics, that crazy man ought to retire from politics. If only our system allowed for it… sighhhh…
Karunanidhi is absolutely right when he says that when Hindi is being used in northern states, why not respective local languages in other states.
karunanidhi should be congratulated for his efforts.
court proceedings and orders in english are too very complicated for educated to understand,leave alone underpriviliged. we have failed to come out of coloniel overhang. by conducting court proceedings in local language– judiciary can be made people friendly.,
it is responsibility of states to come up with a concerted effort to ensure this.
European Union has 27 countries starting from Austria down to United kingdom with Countries like Estonia, Latvia, Malta and Slovenia in between. They have 23 Official Languages – Bulgarian,Czech, Danish… down to Spanish and Swedish.All these are used in Member Countries according to the Convenience. Period. Language should help even the illiterate in that Area.It is far better to use languages in which the parties can communicate and understand.There would be some cases which could involve interstate parties in which case they could use English or Hindi.Otherwise, local language would be the best solution, for a Country like India..
We have to learn from Tamilians . People from rural karnataka struggle to understand what the judge says or the argument .Gullible Lawyers misinterpret the proceedings to the illeterate villagers .
they should bring in Kannada in all the courts including supreme court
On a different note .
Even Churumuri doesnt allow Local Language.
Opposing anything that remotely has to do with the uplift of a language other than hindi has become a fad with the media today. Painting such attempts by Karunanidhi or KRV in negative light with pejorative use of such terms as ‘chauvinist’, ‘fanatic’ etc., seems to give them a cheap orgasmic thrill. Yellow journalism at its worst. sheesh!
that the Centre has buckled to the missive of the DMK on the court langauge issue is not surprising. This is another instance of continued clout of TN in the corridors of power in Newdelhi, whichever party govenrment may be in office in the national capital, or wheter the tweeduldum or tweeduldis of the dravidian variety in office in Chennai.
In Karnataka it is the reverse. we dont get heard whether we are governed by the same party holding the reins in Newdelhi or any other different party in office there. Even the regional parties, which have managed to come to power in Karnataka, have not bothered to pick a even a shade of political diplomacy that the TN employs in getting good deal of Karnataka.
The patriarch of the regional parties in Karnataka at the moment, the veteran Devegowda is more bothered about getting the polical benefits for his party than for the state, when he befriended the Congress till recently. If cohabits with Congress for any reason, it will be mainly for the political gains his party gets rather than getting any extra benefit to the state.
I think it is a no-brainer. Tamil should be allowed in TN courts including the High Court. People are missing the point here- it is not at the expense of english, the established language of the judiciary in India. Those who are not comfortable with Tamil can always use English, or do whatever they are doing today. I don’t see the problem; in particular, having allowed it in four other states just because the local people there speak Hindi makes this decision look utterly unfair and is an embarassing decision coming from the Supreme Court.