Law and Language

one and only(a) screwt deny that the interplay between our daily lives and discip drag is pivotal to our existence. Even when we atomic number 18 breaaffair, name 21 of our constitution protects us. When we buy just al roughly product from a shop, taxes imposed nether various judicialitys play a grapheme in determining the cost of that product. These atomic number 18 just fewer of the various examenples that we discover in our daily liveliness which testify the role of rightfulness in our usual lives. hardly to survive what the law is and to think push through it, so that we basin trifle accordingly, oneness exacts to bring on some(prenominal) hold over the vocabulary. Even in rough-cut law countries where we meet un write laws, precedents permit cardinal place.And to using up those precedents appropriately we assume to date the judgments. Also, judges choose to use the right wrangling at the right time to convey the real design of the prece dent. Law and linguistic communication argon inter- cogitate for eve run-in operates on certain laws. We cod various rules and laws of grammar, which if broken, would murder a counseling the marrow squash of the words. I eer had a few questions regarding this topic lingering in my mind. wherefore is good language so heterogeneous? How do attorneys twist it according to their reward? How easy judges find it to examine the profound jargon? Is there take d birth step up a need for healthyese?How has the language, the law is written in, affected the sentiency among slew? at that place ar more questions that I depend an firmness for and this swan has pull inn me a great opportunity to whole step for those answers THE interrogate For the same purpose I referenceed Sri V. Srinivasa Sivaram, administrative Officer, Andhra Pradesh State level-headed operate Authority. The subject field profound Services Authority (NALSA) has been established under the Legal Services government activity represent, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalats for amiccapable answer of dis piecees.In e very State, State Legal Services Authority has been constituted to give effect to the policies and directions of the NALSA and to give free legal services to the nation and conduct Lok Adalats in the State.. With his experience and connect to the topical anesthetic the great unwashed, I felt he would be able to answers my questions. I thank him for giving his priceless time for me. Here is an excerpt of the interview Q. Sir, you be associated with Andhra Pradesh Legal Services Authority, and some(prenominal) financially distressed people who johnt afford a lawyer approach you for succor.What level of legal mindfulness do you find amongst these people about their rights and duties in special(prenominal) when the laws and regulations argon written in side? A. Since Im functional with t he legal service authority for one-time(prenominal) some time, one thing that I find is that people dont tot to us because they ache some right or a duty. They fill out to us because they pack a occupation. It whitethorn be related to law or may non be related to law. 90% of the times, we have to find out what the law is with esteem to their problem. The people coming us are not aware if a law female genitals serving them and if so, which law.They are aware that if they have a problem and they are approaching legal service authority, then we will divine service them. Mevery a times I have spoken to people and awaited them How did you dumbfound to write out of legal service? The most usual reply is sir, we have been told or we heard it on TV or Radio. After they approach us, we have to find the remedy for them and most importantly looking at if that remedy is within the four corners of law. They are not aware of the law in that respect. They just have a problem in hand and they come to us, flavor for remedy, and asking whether law merchant ship alleviate them or not.Q. For many an(prenominal) disputes, the local people first approach the district salute and then may appeal in eminenter courts. Do the district courts land in the local language or in English? What is your opinion regarding this. A. With respect to this question, I would like to tell you that cardinal local languages and English are used. If a mortal is illiterate or he doesnt get a line English closely, especially when you have to conduct a trial, when you ask during chief examination or during corrupt examination, the local language is the best thing Q. Do the courts give the judgment i. e. s the written judgment in regional language or is the usage of regional language restricted for oral purposes hardly? A. For the time being, it is totally in English. hardly the judges are not halt from using the regional language. For example, one of friends has tending(p ) a couple of judgments in Telugu also. hardly doing so is very difficult. The hindrances that they encounter are numerous. When they have to rewrite a mortala law or quote a eccentric from imperious coquet it becomes nigh very difficult to quote it in Telugu.. We also have latin maxims that would be adding to this difficulty.You are right. We loafernot quote them in regional language. We may not pass on the center mightily. If you quote Evidence Act in Hindi or Telugu, I tell you, it will be a nightmare Although we are very technological in Hindi and Telugu, on nerve-wracking to do so, we couldnt succeed. Try converting a judgment by Honble Judge Krishna Iyer into your local language or Telugu, it will be a disaster Even people who are conversant in English find it difficult to understand his judgment. The language is highly complex, full with rhetoric. legion(predicate) commanding court of justice judgments are in much(prenominal) a modality that a vernacular man skunkt understand it. This also applies to people who are soundly familiar with English. Until and unless one doesnt have the knowledge of the legal jargon used, they pottyt comprehend it. Q. The laws are essentially for the people. except with the complicated language they are written in, a person finds it very difficult to prove through them. Do you think there is a need to simplify legal language? A. It is high time that the legal language is simplified. One thing that we see is, for a bare(a) intelligence service example may or shall, battles are fought in court.The Supreme Court may end up facial expression may is not may, it is shall and shall is may Because the recital of such basic says takes place in assorted ways, a common man cant understand it. Yes Sir, I do memorialise a case State Of Madhya Pradesh vs Azad Bharat finance Co. Here under an Act, although the territory court interpreted the use of formulate shall as obligatory, the Supreme Court interpreted it as The word shall is not always mandatory it depends upon the context in which the word occurs and the other circumstances. Yes. We have many other examples.Few years back when a question arose if a written affirmation has to be filed within 90 long time of the amended CPC, it was said that NO although the word used is shall. If this is the fate of the people who know law, then imagine the plight of the common man. Q. I agree with you sir. But if the legal language is simplified, doesnt it leaves some loopholes that maybe misused by many? A. Look, even now it is happening. You write one line and the lawyers are restrict to pick up loop holes in that one line also. This is so, because we have been taught to do thatEvery lawyer tries to use the speech according to his own convenience and the benefit of his client. Q. What approach do you adopt while interpretation of any law. Is it a positivist approach purely based on the language and the words used or you try to look in to the history and animate of the law? A. I prefer to go by the spirit of the law. We dont have irritate to the constituent(a) debates. In pull down courts, when we have to go about finding what is the representing and the spirit of the law, unless you see the original textile of the law, you dont know wherefore it was written.I do remember the case of Baljeet Singh vs Election Commission Of India And .. Here the requester argued that a member of parliament takes an blighter to make and subscribe to the constitution of India. hence the interpretation is that each and every legislator must(prenominal) be literate to understand the Indias constitution. The Supreme Court referred back to the constitutional assembly debate and concluded that literacy was neer meant to be an extra qualification to be a member of parliament. The purpose female genitalia such an oath was to promote national unity and not to make literacy a pre-requisite condition.Yes. Sometimes if you dont kn ow the intention behind a law, you cant come to any special conclusion about its meaning. If you have penetration, tumesce and good just now many lower courts dont have access to constitutional debates. An Act or statute may give you two or three lines about its purpose, but if you command to go further you dont have access to that thing. So, if there is a conflict you will interpret it in a manner as you looking at proper. But certain situations demand interpretation using the strict language rule. This has been vie by the higher courts in many waysAnd since we say that Supreme Court judgment is the law of the land, we are bound to end up in confusion. permit me put forth one example. A question arose whether a lodge can be prosecuted or not for woeful actions. The punishment ordained includes both charming and imprisonment. One interpretation was that since a company is not a real person and you cant throw it in jail, hence only a charming will be imposed. But the Sup reme Court said that since you cant put the company in jail, you cant inflict the punishment prescribed in the act, hence the ntire proceeding were quashed. Subsequently, afterward few months another judgment came, in which another company, Im not sure but maybe type Chartered Bank, relying on the earlier judgment, pleaded for the quashing of the executions. But this time, it was held that although we cant put you in jail you are liable to fix the fine. Another important issue is the way a common man interprets a law is very different. Let me put to you an example I came crosswise. In unpolished areas, when I spoke to some people, they are aware that there is a law that deals with harassment.But for them, harassment is any figure of harassment. A woman claimed since her husband drinks and doesnt contribute much for the family, he is harassing me. Technically, you cant stop a person from drinking. They hold very different percept of the same law. Some lawyers take them for a ri de. When such women approach them, they suggest alter a suit under sec498 which deals with dower harassment This obviously leads to exploitation as they mint money in enkindle of knowing that no remedy lies in law. Q.Sir, this situation is dangerous. People may let out wrong perceptions that law cant help them and may lose combine in the system. Doesnt it demand feast awareness among people. A. You are right. We do take measures to spread some awareness. For example, we have a regular programme on etv in which a judge tries to answer the queries of the people and explain the remedy to them. I came across a group of LGBT. Although they came from a village, they were hale aware about sec 377 and were verbalize on how it is unconstitutional.Then they told me how a sensitisation programme was carried out by an nongovernmental organization in Telugu. So, laws arent that difficult to understand, if explained properly Q,CLATcommon law admission test for admission to the subject fi eld Law schools is conducted in English. Do you think, the exam should be conducted in other regional languages to increase diversity and access? A. You should answer this question better. Well the ideal situation can be summed up in one or two lines. Whether the legal education should be in local language or English? No doubt, the language may act as a barrier.But in a country having about 28 states with different languages, if the Supreme Court has to read from Gujurati to Malayalam, then it would be a nightmare for everybody. The statutes and legislations are in English. An exact transformation in any other language is not possible. The exact meaning may be lost. We cant vacate English. Now, we have got used to a procedure where we use both regional language and English. The legislations are in English, debates, judgments all are in English. As I said, we cant have literal shift of each and every word.Thus, my point is legal education has to take place in English. But at the same time, I dont deny that regional language would prove to be undecomposed, but practically, you need legal education in English medium. Q. Finally, how do you as a judge, view the connection between law and language? Do you think the qualification of a judge or power would be affected due to miss of knowledge in a particular language? A. I have come across many people who can put forth extremely brawny arguments in regional language. But they would have become better lawyers had they been proficient in English.But you will see, many a times being good in English wont help you if you dont have a command over the regional language too. When a client approaches with any problem, you should be able enough to connect with them, so that they can openly discuss the issues at hand with them. You can explain the law to them in their language so that they understand better and discuss the appropriate remedy. Many a times, if you want to cross-examine a witness you need to do that in h is local language. If the poor guy is not well versed in English, then he may say something with some different meaning, which obviously you see would land him in trouble.Now-a-days we have technological dents in the profits that help us to translate. That day I wanted to read an article on mediation which was in a language, I wasnt familiar with. This explanation tool helped me to translate it in English and the content too were satisfactory. So in the modern times, with internet you can remove a lot of disadvantages. CONCLUSION The interview was a interesting one for it helped me broaden my horizons on the general public conceptions of law. Sri V. Srinivasa Sivaram rightly pointed out to me the problems that plagued the system, which never came to my notice before.But since this project is about the relation of law and language, I would like to narrow down on that issue. Most of his answers were convincing. English cant be entirely avoided. With the diversity in languages tha t we have, what a statute may mean in one language, would mean something else in the other as literal translation is not possible every time. But this doesnt mean neglecting regional languages. They need to work side-by-side which evidently is witnessed esp. in the running(a) of lower courts. This is so because it is obviously beneficial for public good.All Laws are do for a reason and purpose. They sometimes undertake to repair a defect ordinary in the system. So, the courts should move beyond the interplay of words. Legal jargon or legalese needs to be simplified. I would like to quote Mr. Sivaram on this issue. He aptly illustrates why legalese should be restricted. One maybe proficient in English, but if they are told to read natural philosophy or Chemistry, then they wont be able to. Law is for the people. It governs and regulates the action and life of the people. Thus, it should be in a way that people can ordinarily understand.