Kochi, August 21, 2024 – The Kerala High Court on Monday rejected a Public Interest Litigation (PIL) challenging the Hindi nomenclature of three newly enacted criminal laws, stating that the authoritative texts remain in English.
Details of the Legislation
The laws in questionโthe Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA)โcame into effect on July 1, replacing the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, respectively.
Arguments Presented
Advocate PV Jeevesh filed the PIL, arguing that the use of Hindi names violates Article 348 of the Constitution, which mandates that all authoritative texts of laws must be in English. He claimed that the Hindi titles could cause confusion and difficulty in non-Hindi speaking regions, potentially infringing on the fundamental rights under Article 19(1)(g) of the Constitution, which guarantees the right to practice any profession.
Jeevesh further contended that the Hindi naming represents a form of linguistic imperialism and undermines the country’s linguistic diversity.
Centre’s Defence and Court’s Rationale
In response, the Centre emphasized that while the names are in Hindi, the actual texts of the laws are written in English. It also pointed to precedents like the Lokpal Bill and the Prasar Bharati Act, which also have Hindi names.
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After deliberating last month on its jurisdiction to mandate a renaming of these laws in English and acknowledging the potential confusion, the High Court ultimately decided to dismiss the petition.
