Criminal laws bills renaming is needless meddling
Source: The Hindu
For Prelims: Section 144, Article 348, CrPC, IPC
For Mains: Criminal laws bills, Amending CrPC, Indian Evidence Act, Baratiya Sakshya Bill
Highlights of the Article
Bhartiya Nyaya Sanhitha
Indian Evidence Act
Officials Languages Act
State Legislatures
Parliament
Context:
Three new Bills were tabled in Parliament recently. The Indian Penal Code is replaced by Bhartiya Nyaya Sanhita, the Code of Criminal Procedure by Bhartiya Nyaya Samhita, the Code of Criminal Procedure by Bhartiya Sakshya Bill
The Body of These new Bills is in the English language, but the titles of the bills are in Hindi goes against the embargo placed by the Article
UPSC EXAM NOTES ANALYSIS:
1. Language and Legal Regime
- The debate on language in the Constituent Assembly of India was one of the most contentious and difficult issues that the Assembly had to face. The main issue was whether Hindi should be the sole official language of India, or whether it should be one of several official languages.
- The proponents of Hindi argued that it was the most widely spoken language in India and that it would be the most practical language for communication between the different regions of the country.
- They also argued that it was the language of the majority community and that it would be unfair to give other languages equal status.
- The opponents of Hindi argued that it would be unfair to impose Hindi on the non-Hindi speaking majority of the country.
- They also argued that it would be divisive and would lead to the marginalization of other languages.
- The Official Languages Act of 1963 designated both Hindi and English as the official languages of the Indian government, with a transitional period to gradually phase out English
- The government adopted a "three-language formula" for education, which encouraged the study of a regional language, Hindi, and English in schools
2. Majoritarianism
- Majoritarianism is the belief that the majority should have the power to make decisions for the whole group. This can be a controversial issue, especially in multilingual countries like India
- The Official Languages Act of 1963 is the law that governs the use of languages in India.
- The Act recognizes Hindi as the official language of India, but it also gives equal status to English. This means that both Hindi and English can be used for official purposes, and that people have the right to use either language in court, government offices, and other official settings
- The main reason for the opposition is that Hindi is not the native language of the southern states.
- The majority of people in these states speak Dravidian languages, such as Tamil, Telugu, Kannada, and Malayalam.
- They see Hindi as an imposition by the Hindi-speaking north, and they fear that it will lead to the marginalization of their own languages and cultures
3. Article 348
Article 348 of the Constitution of India deals with the language to be used in the Supreme Court and in the High Courts
Article 348 states that the language to be used in the Supreme Court and in every High Court shall be English, but the Governor of a State may, with the previous consent of the President, authorise the use of the Hindi language or any other language used for official purposes in the State, or of both those languages, in proceedings in a High Court having its principal seat in that StateJudges are transferred across the Country.
The English language is used in the judiciary of India for a number of reasons.
- History: English was the language of the colonial administration, and it was used in the courts during British rule.
- Unification: English is the most widely spoken language in India, and it is seen as a unifying force that can help to bridge the linguistic divide between different regions of the country.
- Neutrality: English is seen as a neutral language that is not associated with any particular region or community.
- Opportunity: English is the language of commerce and international relations, and it is seen as a language of opportunity that can help people to get ahead in life.
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Practice Questions
1. Discuss the historical and linguistic factors that led to the choice of Hindi as the official language of India, as enshrined in the Indian Constitution. How did this decision impact the linguistic diversity and cultural identities within the country?
2.Critically analyze the concerns raised by linguistic minorities in India regarding the potential imposition of a single national language. How can a balance be struck between promoting a common language for communication and respecting the linguistic rights of diverse communities?
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