E-Paper
Haryana enacts law on Hindi, but fails to implement it
This has put candidates proficient in Hindi appearing for the judicial services exam at a disadvantage
With much fanfare, the Haryana assembly had passed an amendment Bill in March last year to make Hindi mandatory in all civil and criminal courts, revenue courts, rent tribunals and any other court or tribunal constituted by the state government.
The Haryana Official Language (Amendment) Bill was assented to by the governor on March 31 last year and a notification was published on May 11 by the state’s law and legislative secretary. However, the amended provision is yet to come in force. Strangely, the state government made an omission by not issuing a notification for the amended provision of the law to commence.
The commencement clause of the amended law says that it shall come in force on such date as the state government may by notification in the official gazette, appoint.
The self-defeating “omission” has put Hindi proficient candidates appearing for the Haryana Civil Services (judicial branch) exams at a disadvantage as they will not be able to write their exams in Hindi language.
The last date for applying for 229 vacancies of HCS (judicial branch) is February 15. Candidates proficient in Hindi and appearing for the exams said they had hoped to benefit from amended law as the Haryana Public Service Commission (HPSC) would have allowed them to write their exams in Hindi.
“But in the absence of a notification to commence the amended law, the candidates won’t get the opportunity to write their exams bilingually - in English and Hindi,” said an official.
Another official said the languages department has referred the matter to advocate general (AG) Baldev Raj Mahajan.
The AG, who is now examining the “omission”, had himself told a bench of the Punjab and Haryana high court in June last year that though legislation (Haryana Official Language Amendment Act, 2020) has been enacted, it has been clearly laid down that it shall come into force on such date, as the state government may, by notification in the official gazette, appoint.
Mahajan told the HC that no such notification has yet been issued and proper procedure would be followed in the eventuality notification under Section 1(2) of the Amended Act is to be issued. The advocate general was defending the state government during the hearing of a petition filed by practicing advocates, challenging the amended Official Languages Act making the use of Hindi mandatory in court work.
The HC, subsequently on June 29, disposed off the petition terming it as a premature but granted liberty to the petitioners to file a fresh one in case commencement notification is issued. The petitioner had earlier filed a similar petition in the Supreme Court that was dismissed as withdrawn June 8 last after the petitioner sought permission to withdraw it and liberty to approach HC.
Why the amendment?
*The purpose of justice in a democracy is that the plaintiff should get justice quickly in his own language and should not remain speechless during the proceedings.
*The state government received a demand letter signed by 78 MLAs, advocate general and hundreds of advocates to authorise the use of Hindi in courts.
*Hindi being the predominantly spoken language in Haryana, use of the same for the purposes of working in courts has become a matter of practical necessity.
(According to the statement of objects and reasons of the amendment Bill)
