Bridging the Gap: Addressing Linguistic and Cultural Disparities in the Indian Justice System through Constitutional Directives

Abstract

India, a land of unity in diversity, has a different linguistic and cultural society that gives us a source of national pride on one hand, while on the other side presents a unique challenge in ensuring equitable access to justice. With more than 100 languages and over a thousand dialects, many people face significant linguistic barriers when engaging with the legal system, which is predominantly conducted in English and Hindi. Similarly, cultural impediments such as different norms, customs and literacy level often hinder individuals from marginalized and rural communities from fully understanding and participating in legal proceedings. These cultural and linguistic impediments hinder a large number of citizens' rights, such as restricting individuals ' interpretation of laws and legal outcomes, resulting in unequal access to justice. In response to these challenges, Chief Justice of India D Y Chandrachud has emphasized the importance of overcoming these barriers to make justice accessible to all, “justice cannot be a privilege to a certain class of society, it must reach to common man without any `language or cultural barriers”. His statement aligns with the judiciary’s recent efforts to translate Supreme Court judgments into regional languages and expand access to judicial information in vernacular languages. Apart from this, the National Translation Mission and E-courts seek to make legal resources available in multiple languages and broadly make legal information more available. However, these initiatives often fall short in addressing the grassroots complexities of linguistic and cultural diversity. This article investigates current legislation, judicial practices and innovative solutions, including digital translation resources and regional legal support programs that can help to overcome language and cultural barriers. It advocates for a holistic and flexible legal system that acknowledges the complex diversity of India, making sure that justice is accessible to all citizens. This approach is essential to uphold the principles of equity and justice in a democratic society as diverse of India.