Permit Use Of Gujarati Language/Documents In Proceedings Before Gujarat High Court: GHCAA Moves Representation Before Governor

The Gujarat High Court Advocates' Association (GHCAA) has moved a representation before the Governor Of Gujarat State, Devvrat Acharya, seeking his specific authorization under Article 348(2) of the Constitution of India to allow the use of Gujarati language in addition to English in the court proceedings before the Gujarat High Court.

It may be noted that this provision under the Constitution of India allows the Governor of a State, with the previous consent of the President, to authorize the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State.

The GHCAA has submitted that the non-recognition of Gujarati as the official language restricts /impedes access to justice financially and otherwise to the litigant who approaches the High Court of Gujarat.

The requirement of providing English translation of documents in Gujarati violates Article 21 of the Constitution of India and the requirement to provide translated copies of the documents which are in Gujarati is cost prohibitive and time-consuming affair for any litigant who wants access to justice, the representation has argued.

"It is paradoxical that on one hand we are celebrating 75th year of our independence from the British Rule and on the other hand still our High Court requires the use of English language as the only official language in the proceedings before it," the representation made by GHCAA's president Asim Pandya reads.

The representation states that it is travesty of justice in a state where most people do not speak, read or understand the English language, the High Court proceedings are still conducted in the English language thereby denying the citizens their right to know and understand the legal proceeding.

Importantly, the representation submits that the provision of the Constitution and relevant High Court Rules mandating the use of the English language as the only permissible language needs to be relooked in the light of efflux of 75 years after our independence more particularly when our beloved Nation is celebrating Azadi Ka Amrit Mahotsav.

The representation further mentions the practical problems associated with the compulsory use of English by stating thus:

"...the issue of getting documents or record of proceeding translated in English arises frequently when now-Gujarati judges or Chief Justice are appointed or transferred to Gujarat High Court arid they insist for furnishing translation of documents written in Gujarati into English. Such insistence of providing translated copies of annexures / documents that are in Gujarati without creating an 'Official Translation Department' in the High Court Registry would be unjust, improper, arbitrary and unwarranted. The litigants and their advocates are left in high and dry situation without the facility of official translators being made available to them."

The representation further argues that most of the petitions run into more than 50 pages (excluding the Petition memorandum) and since the current rate of translation from Gujarati to English is between Rs. 90-120 per page, in every matter, an average of Rs. 10000 to 15000 has to be incurred as part of the translation cost.

Lastly, the representative requests the Governor to take the necessary action as provided under Article 348 (2) of the Constitution of India and recognize the Gujarati language as the official language of the High Court of Gujarat and pay true tribute Mahatma Gandhi and make the Azadi Ka Amrut Mahotsav real celebration of independence.