District Judiciary Predominantly A Regional Language Judiciary : CJI DY Chandrachud Stresses Need To Translate SC Judgments
Expressing how serious the cause of concern is across all levels of the judiciary because of inability to reach subordinate judiciary in the language they understand, Chief Justice of India D.Y. Chandrachud said: "This is a very serious cause for concern. So a Supreme Court judgment laying down what should be the yardstick for the grant of bail in PMLA [Prevention of Money Laundering Act]...
Expressing how serious the cause of concern is across all levels of the judiciary because of inability to reach subordinate judiciary in the language they understand, Chief Justice of India D.Y. Chandrachud said: "This is a very serious cause for concern. So a Supreme Court judgment laying down what should be the yardstick for the grant of bail in PMLA [Prevention of Money Laundering Act] matter, if that does not reach out to the judges and lawyers in special courts, how do you expect them to do justice?"
CJI was speaking at the First International Conference of the Supreme Court Advocates on Record Association in Goa.
He said this statement in the context of district judiciary which is "predominantly a regional language judiciary". Despite that, if all judgments of the Supreme Court are in English, it leads to "distancing ourselves from the process of dispensation of justice at the trial level," CJI remarked.
Reiterating this as a serious concern, CJI said: "We have translated judgments of Supreme Court in all Indian regional languages. There have been about 37,000 Supreme Court judgments since Independence. We floated the digital SCR and I thought we should translate all these 37 thousand using machine learning..."
He added that the translation of judgments benefits judges, especially those who have never spoken English. Sharing his experience with colleagues at the Allahabad High Court, he said: "I have [had] colleagues in the Allahabad HC, and I ask them: "aap angerzi main likhte hi nahi hai" (why you don't write in English?). They would say, when they were a member of district judiciary, they didn't have an English stenographer."
Therefore, CJI added that it is important to reach out in a language that citizens, lawyers and judges that the subordinate judiciary understand.
Adding to this, he averred that that he once spoke to the President of India, Droupadi Murmu who suggested that perhaps Supreme Court judgments could also be translated into the Santali language, especially those judgments which have a bearing on tribal rights.
CJI stated that Supreme Court judgments are being translated into all languages recognised by the Constitution.
Adding to this, CJI pointed out that the AI-based translation is then verified by a human agency. He said: "We have retired district judges who look at these translations."
Amused at how absolute reliance on AI could be problematic, CJI said: "When we say leave granted [in a judgment], the machine learning says "avakash prapt hogya" (holiday is granted). You have to frame it to say that it is no "avakash prapt hogya" but leave granted to appeal."