“Criminal law Bills renaming is needless meddling

Source: The post is based on the article “Criminal law Bills renaming is needless meddling” published in “The Hindu” on 21st August 2023.

Syllabus: GS2- Indian constitution – Criminal Justice System

News: In this article, the author criticizes the renaming of three legal bills in Hindi. He argues that it’s a push towards majoritarianism, ignores linguistic diversity, and goes against constitutional provisions that require laws to be in English.

About the renaming of three bills.

Indian Penal Code: Renamed as “Bharatiya Nyaya Sanhita”.

Code of Criminal Procedure: Now called “Bharatiya Nagarik Suraksha Sanhita”.

Indian Evidence Act: Changed to “Bharatiya Sakshya Bill”.

What are the major criticisms of renaming legal bills in Hindi?

Unfamiliarity for Many: More than half of India’s citizens and a significant majority of its legal practitioners find the Hindi names of the legal bills unfamiliar.

Constitutional Concerns: Article 348 of the Constitution requires that authoritative texts of all Acts be in English, so naming bills in Hindi challenges this provision.

Ignoring Linguistic Diversity: Historical protests, particularly in the 1960s, have shown strong resistance to imposing Hindi as the sole official language.

Perceived Majoritarianism: The push for Hindi may undermine other significant languages like Bengali, Tamil, and Telugu.

Importance of English in Legal Context: English remains the primary language of India’s courts, and legal statutes and precedents are primarily written in it, ensuring clarity in legal matters.

Potential Political Motive: There is a growing perception that the move towards Hindi might be driven by certain political motivations.

What should be done?

Reconsider Renaming: Revert the bills to their original English names to maintain familiarity and continuity.

Constitutional Compliance: Ensure the names align with Article 348, which requires laws to have English as the authoritative text.

Stakeholder Consultation: Engage with legal practitioners and the public, especially in non-Hindi speaking regions, before making linguistic changes.

Respect Linguistic Diversity: Acknowledge the significance of languages like Bengali, Tamil, and Telugu, to prevent feelings of majoritarianism.

Committee Review: The bills should possibly be reviewed by the Committee for Law and Justice, not just the Home Affairs Committee.