HC grants time to Centre, Delhi Govt on PIL to declare Hindi as language for recording of depositions

New Delhi [India], August 25 : The Delhi High Court on Friday granted more time to the Centre and Delhi Government to respond to a Public Interest Litigation (PIL) to declare Hindi as the language for recording depositions by Criminal courts in Delhi.
The plea sought direction from the court to declare Hindi as the language for recording depositions by Criminal courts in Delhi including POCSO courts and the Juvenile Justice Boards and to amend the Delhi District Courts Establishment Rules, 2012, to include Hindi typewriting skills as an eligibility requirement for recruitment.
The bench of Justice Satish Chander Sharma and Justice Sanjeev Narula on Friday listed the matter for October 19, 2023, while granting the last opportunity to the respondents in the matter, after noting that both governments are yet to file their replies. The Court had earlier issued notice to respondents on September 13, 2019.
The Petitioner Social Action Forum for Manav Adhikar (SAFMA) claims that it provides legal assistance to persons belonging to poor uneducated sections of society who are victims of child sexual abuse, assault and rape and domestic violence among others; and on the basis of victims/witness depositions to the court or Board adjudicate.
Language is a powerful tool, words used can profoundly influence the adjudicating process and despite giving evidence in Hindia, testimonies are recorded in English, thereby denying justice to victims who have no idea of what has been recorded, nor whether what the victim has deposed has been exactly recorded, the plea stated..
Moreover, since the recording of what the victim or witnesses say is not done in the language they depose, that is Hindi, but translated into English, there is a high rate of acquittal in criminal cases in view of the fact that during prolonged trial, which is usually the norm, a number of judges change and the judge finally adjudicating the matter decides on the basis of the record before him/her, which in English often has lost its essence in translation, distorted, wordings twisted, crucial in determining the circumstances in which the crime might have been committed, the plea read.
The FIR is recorded as stated by the victim, that is Hindi, even the recording of a statement under CrPC Section 164, is done in the Honourable judge's own handwriting in hand, but during their testimony before the court the language of recording changes; not surprising that there is a conviction rate of less than 20 per cent in POCSO judgments of the six courts in the capital Saket, Dwarka, Rohini, Patiala House, Tis Hazari and Karkardooma, the plea stated.
The language used as a means of communication between the accused and the recording officer plays an important part in deciding the issue by the court, especially in circumstances where Delhi has been ranked at the top in crimes against women according to the NCRB Crime in India 2016 Statistics.
It is pertinent to note that the Delhi Official Languages Act, 2000 (Delhi Act No. 8 of 2003) notifies Hindi, in Devnagri script as the Official Language of Delhi. Even the Supreme Court is making its judgements available in regional languages beginning with Assamese, Hindi, Kannada, Marathi, Odia and Telugu.
However, it is unfortunate that even after so many decades the Respondents have not taken the basic step of recruiting assistants having typewriting skills in HINDI; and as per the Delhi District Courts Establishment.