Delayed translation threatens accessibility of new criminal laws
The translation process for the remaining 13 languages, including Telugu, Tamil, and Bengali, is projected to take over six months.
By B.V.Seshagiri Advocate Published on 27 Jun 2024 2:24 AM GMT
Representational Image.
New Delhi: The implementation of new criminal laws, the Bharatiya Nyaya Sanhita (new IPC), Bharatiya Nagarik Suraksha Sanhita (new CrPC), and Bharatiya Sakshya Adhiniyam (new Evidence Act), on July 1, 2024, faces a critical challenge: the lack of official translation into regional languages.
While these new criminal laws aim to modernize the legal framework, their effectiveness depends on accessibility. Section 272 of the existing Criminal Procedure Code (CrPC) mandates the use of regional languages in district courts. With the new criminal laws set to be implemented in a week, their current availability only in English and Hindi risks excluding a substantial portion of the population, particularly in rural areas, from understanding their rights and navigating the legal system.
Legal experts underscore the importance of regional translations. They emphasize that access to justice necessitates comprehension of the law. All stakeholders, from police officers to constables and lawyers to ordinary citizens, require the new criminal laws in their local languages to ensure proper implementation and uphold the rule of law and the administration of justice.
The central government acknowledges the issue. After receiving approval for the Hindi and English versions in December 2023, they requested translations into scheduled languages from states in March 2024. However, the translation process for the remaining 13 languages, including Telugu, Tamil, and Bengali, is projected to take over six months.
Although the three Sanhitas come into effect on July 1, 2024, several states say it will take over six months to finish translating the laws. According to a Law Ministry official, translations are usually done by the respective states and sent to the Centre for vetting. "If any changes are needed," the official said, "they are incorporated and sent by the Ministry for the President's assent, following which it is sent back to the states for notification in their gazette."
This delay raises concerns about the efficacy of the new criminal laws. Articles 19 and 21 of the Indian Constitution guarantee the right to understand court proceedings. The absence of regional translations disadvantages a significant portion of the citizenry, hindering their ability to meaningfully participate in the criminal justice system.
