Home National Kerala High Court reserves its order on plea for English titles of new criminal laws

Kerala High Court reserves its order on plea for English titles of new criminal laws

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Kerala High Court reserves its order on plea for English titles of new criminal laws

Petitioner contends that nomenclatures in Hindi and Sanskrit will create confusion, ambiguity and difficulty for the legal community of non-Hindi and non-Sanskrit speakers

The Kerala High Court building in Ernakulam.

The Kerala High Court building in Ernakulam.
| Photo Credit: H. VIBHU

A Division Bench of the Kerala High Court on July 29 reserved its order on a public interest litigation (PIL) seeking a directive to the Central government to give titles of the three new criminal laws – Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam – in English.

The petitioner contended that the nomenclatures in Hindi and Sanskrit would create confusion, ambiguity and difficulty for the legal community of non-Hindi and non-Sanskrit speakers. Article 348 of the Constitution mandates that even the names and authoritative texts of laws enacted by Parliament and State Assemblies should be in English. Besides, Article 13 (2) stipulates that State shall pass laws in conformity with the fundamental rights of citizens. The petitioner’s inability to read or handle these statutes due to the use of Hindi names infringed on his fundamental rights.

Counsel’s contention

The Counsel for the Central government contended that names are given in English letters and the script and contents of the new laws are in English. In fact, names of many enactments such as the ones on Lokpal, Lokayukta, Prasar Bharati Act, Dakshina Bharat Hindi Prachar Sabha Act are in Hindi.

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Kerala

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laws

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crime, law and justice

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