Why Shouldn't We Use Indian Languages In Courts? Few Lawyers In Supreme Court Charge Higher Fees Just For Knowing English: Law Minister Kiren Rijiju

The Union Law Minister Kiren Rijiju on Tuesday advocated for Indian languages to be used in constitutional courts across the country while speaking at an event organised by the Bar Council of Maharashtra and Goa.

The minister further linked the use of English language in courts to the high cost of litigation.

“Why shouldn't we use Indian languages in courts? We have told the Supreme Court as well. We are very keen on this. 5 High Courts are using Hindi. We have instant translation and transcription. We should think in Indian languages. Know all foreign languages, but thoughts should be Indian whether you have studied from Oxford, Harvard,” he said while speaking in Hindi.

In Supreme Court, some lawyers are such that whether or not they possess knowledge, because they know English well their fees is higher, Rijiju said.

The law minister was speaking at the event organized by the Bar Council of Maharashtra and Goa wherein it inaugurated a scheme to distribute E-Filing units to 384 Bar Associations in the State.

These e-filing units comprising a computer, printer scanner and other equipment are being distributed by the Bar Council in view of HC's decision to make e-filing compulsory for all courts.

During his speech, Rijiju said that e-filing was the solution for the increasing pendency of cases in the country. “There are more than 500 crore pending cases in India. Pendency is not a good sign for any nation. Pendency is increasing and e-filing is the solution. The biggest litigant in India is the Government. If we do our work properly, the pendency will automatically decrease.”

As per the National Judicial Data Grid, as of now there are 4 crore 34 lakh pending cases in courts.

The law minister also stressed the need for more women in the judiciary and the Supreme Court Collegium. “The collegium should take initiative to include more women in the judiciary as well as collegium.”

He further said that the PM has allotted Rs 9,000 crores for the infrastructure of district courts but the development is delayed. “We want it to improve as soon as possible.”

Seemingly in response to statements made by Indian National Congress party leader Rahul Gandhi in the United Kingdom, Rijiju insisted that the judiciary is independent.

“There are a lot of debates going on. We should see what direction it's going in. We have a dream of making India a completely developed nation by the centenary of our Independence in 2047, we will have to overcome the challenges while achieving that, however difficult they may be. But our biggest enemies in that are those who attack our democracy. And while attacking the democracy, these people raise questions on the system, of which the judiciary is a very important pillar.

When someone says the judiciary is getting weak means they are attacking the democracy of India. The democracy will be stronger only when the judiciary is stronger and independent. There can be no compromise on this. Some other government had tried to undermine this in the past. I don’t want to get into the politics of it. But when that government tried to do this, the people of the country did not support them. The foundation of the democracy is so strong, that whoever tries to shake that foundation will get removed himself.

But constantly saying that the Indian judiciary has been weakened and the Indian government is demolishing the democracy, and going abroad and talking about the government having captured the judiciary amounts to talking against the country.

A narrative is being created by these people, by leftist and most illiberal group of people. They are creating a narrative that the government is pressurising the judiciary. But I want to assure you that the government under the leadership of Modiji is running the government keeping interest of all you in mind and the government will not only take care of the independence of the judiciary but will further strengthen it.”

Also in attendance at the event was Chief Minister Eknath Shinde, Union Minister Narayan Rane and Dy CM Devendra Fadnavis, BCI Chairman Manan Kumar, ASG Anil Singh, Advocate Generals Birendra Saraf and Devidas Pangam.

Advocate Milind Patil Chairman of BCMG requested the law minister to pass the Advocates Protection Act. He further said that other Bar Councils including BCMG had issued statements supporting the government’s stand against same-sex marriages.

“The Bar Council is also sensitive about the social issues. Not only BCI but many bar associations have also issued statements about same sex marriage. We have opposed same sex marriage along with the BCI.”

Significantly, Advocate General Devidas Pangam emphasized the need for greater representation for Advocates from Goa in the BCMG.

“Though the Bar Council is for Goa and Maharashtra, the representation of Goa is minimal. There should be reservation for lawyers from Goa in the BCMG. I request the law minister to take steps to make necessary amendments to the Advocates Act to ensure representation of Goa in the BCMG.”

Additional Solicitor General Anil Singh batted for advocate consultations before schemes are put in place. He said, “if there is a scheme approved by states or centre, the lawyers should be consulted. Unless lawyers are taken into confidence, no scheme in India will succeed.”

Deputy CM Devendra Fadnavis said that the government will consider BCMG's demand for land at Thane for training lawyers and law students positively. “Advocate community is strong, but lawyers have been attacked. We will see what we can do about this, a new Act or a new provision.”

(Compiled by Sharmeen Hakim)