Kerala HC Rejects PIL Against Hindi Names for New Criminal Laws

Kerala HC Rejects PIL Against Hindi Names for New Criminal Laws

On Monday, the Kerala High Court dismissed a public interest litigation (PIL) petition that challenged the use of Hindi names for three newly enacted criminal laws.

The Division Bench, consisting of Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu, has dismissed the PIL filed by advocate P.V. Jeevesh.

The petition challenged the Hindi names of three newly enforced criminal laws: the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA), which replaced the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, respectively.

These laws came into effect on July 1.

The PIL argued that naming these laws in Hindi contravened Article 348 of the Constitution of India, which requires that all authoritative texts of laws be in English.

The petitioner also contended that using Hindi names for the laws could cause confusion and difficulties for lawyers and citizens in non-Hindi speaking regions, potentially infringing upon their fundamental rights under Article 19(1)(g) of the Constitution, which guarantees the right to practice any profession. Additionally, the petitioner argued that naming the laws in Hindi could be seen as a form of linguistic imperialism, encroaching upon the country's linguistic diversity.

In response, the Centre argued that the enactments are written in English, including both the script and content, and referenced other laws with Hindi names, such as the Lokpal Bill and the Prasar Bharati Act. Last month, the Court considered whether it had the authority to direct Parliament to rename these laws in English and acknowledged the potential for confusion caused by the names. Despite this, the Court decided to dismiss the petition.

 

 

Share this News

Website designed, developed and maintained by webexy