Photo Source: ANI
15 months on, Hindi yet to be used in Haryana's courts, says HC Advocate
It is necessary as per the Haryana Official Language (Amendment) Act, applicable from 1 April 2023
Babushahi Bureau
Chandigarh, July 3, 2023: Hemant Kumar, Advocate in Punjab and Haryana High Court expressed even after 15 months of the implementation of the Haryana Legislative Assembly amended the Haryana Official Language Act (Law), 1969 and made a provision for working in the state’s official language Hindi, it is yet to be used in Haryana's courts
"Four and a quarter years ago, in March 2020, the Haryana Legislative Assembly amended the Haryana Official Language Act (Law), 1969 and made a provision for working in the state’s official language, Hindi, in civil and criminal courts, revenue courts and rent tribunals established in all districts and sub-divisions of Haryana coming under the Punjab and Haryana High Court. The Haryana Official Language (Amendment) Act, 2020 received the assent of the then Governor of Haryana, Satyadev Narayan Arya, while on 11 May 2020, the Haryana Official Language (Amendment) Act, 2020 was notified in the Gazette of the Haryana Government," shared Hemant Kumar.
Kumar added as far as the daily functioning of the District / Sessions and other subordinate courts (Magistrate courts) established in the state is concerned, till date the English language is mainly being used in them.
He further informed that the Haryana Official Language (Amendment) Act was notified from 11 May 2020, but according to its Section 1 (2), it was to come into force not from the said date but from the date which will be determined by the Haryana Government and notified by issuing a separate notification. In December 2022, this date was fixed as 1 April 2023 last year. It also mentions that within six months of the implementation of this amendment law i.e. the date determined and notified, the State Government will provide the necessary infrastructure (resources) and training in this regard to the staff of all the said courts of the state.
Thus, the said Haryana Official Language Amendment Act has come into force from the date fixed and notified by the State Government i.e. from 1st April 2023, but even after that, it can be implemented in real and ground level only after the government provides the desired resources and facilities (infrastructure) and training etc. in this regard to the judges of the judicial courts of the state and the officers and employees working in them. However, the reality is that even after 15 months of the implementation of the above Haryana Official Language Amendment Act, the Language Department of the State Government has not taken serious appropriate action in this regard so that the daily functioning of various courts established in the state can be started in Hindi language.
Hemant said that it is very unfortunate that there is a class of lawyers in the state who are not comfortable with the law regarding the use of Hindi language in the district and subordinate courts and have been strongly opposing it. Therefore, the said law was first challenged in the Supreme Court in the year 2020 and then in the Punjab and Haryana High Court, although both the courts did not stay the implementation of the said law. In June 2020, the then Chief Justice of India Sharad Bobde, however, had verbally commented during the petition in this regard that no one should have any objection to implementing Hindi language in the courts because most of the people in our country are not comfortable with the English language.
Hemant also informed that from 1st July 2024, the Code of Criminal Procedure (CrPC) 1973 will be repealed and implemented in the entire country. Section 307 of the Indian Civil Security Code (BNSS) 2023 also clearly mentions that the State Government can determine which language will be used in every court except the High Court of the state for the purposes of this code.