Saturday, March 03, 2007

Indian judicial system takes more care of words through law than facts through human value

On Sat, 03 Mar 2007 Tusar N. Mohapatra tusarnmohapatra@mail.com wrote : 11:59 AM Rourkela Intellectual Forum demands for use of Oriya Language in Lower Court
Language is an emotional issue, but I am a bit surprised when it comes from a liberal person like you. The Courts will always remain an exploitative and hegemonic mechanism regardless of the language they use. Should we not treat the anachronism as an advantage when the Chinese are frantically trying to learn English?
From: Rabi Kanungo Sir, Namaskar. I have no hatred against any language. The subject you have mentioned is of different connotation. In fact, the Forum frequently organises public discussion and debates on various issues. The demand is an outcome of such public discussion. It is not only a question of emotive consequences or narrowness for a certain language, but the practical tragedy is (I believe, you may agree) that the character of judiciary has changed to the same as of the executive and the legislature. Let me not elaborate the shame any further. I hope, you will understand.
Think about a scenario. Lawer cross-examines witnesses and/or partis in Oriya. They answer in Oriya. The recording (steno-typed) is in English. Let us again forget about the first trial court. A single interpolation in recording would mean a lot in appeal court. Indian judicial system takes more care of words through law than facts through human value. Let us then think about the consequence of discrepancy. Interestingly, parties may have lawyers for them, witnesses don't have. And in such situations the witness acquiesces with the recording that he has not (repeat not) told. Why and who will become witness? Transparency is a question of overall attitude.
Another feature I want to inform that resistance of not following Oriya in bureacracy makes little harm than this one. Because, in bureacracy, because a collector knows English as well as the Renevue Inspector. Collector's order can be safely executed by his subordinates. But here, the harm is done! Thank you for the response. Sincerly yours, Rabi Kanungo, General Secretary Intellectual Forum.

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