It is a bit confusing but we are also learning: Kerala High Court on Hindi names for new criminal laws

The Kerala High Court is the latest constitutional court to add to the discourse regarding the impact of the nomenclature of the three new criminal laws which came into effect on July 1, 2024. [PV Jeevesh (Advocate) v. Union of India & Ors.].These new laws - the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam - replaced the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act respectively..A Bench of Acting Chief Justice A Muhamed Mustaque and Justice S Manu observed that the titles of the new laws are rather confusing and will require an adjustment period. "There will be an adjustment period for everything. But yes, it is a bit confusing. We are also now learning. We have arranged classes in the judicial academy and we are going for it," the Bench orally remarked. This echoes the recent sentiments expressed by the Madras High Court that while the objective of implementing the new laws may have been good, the nomenclature has created chaos. .The Kerala High Court, however, questioned whether it can step in to alter the names of the laws."Are we a superbody to direct Parliament? How are you affected? How are citizens affected? Is it a justiciable act? Parliament itself has to correct it...We are not elected people here! We are two persons holding a constitutional office. Can we overcome the wisdom of 540 people in Parliament? It is an act of Parliament. They are elected representatives of this country. How can we interfere in their matter? If 540 people have decided how can two unelected people decide this?" Justice Mustaque said. The Bench also frowned upon how every matter was being brought to courts in the form of public interest litigation. "We are not the authority to correct everything here. There may be a mistake or it may be wrong, but how can a PIL lie? We are seeing that every matter is taken to court. If a doctor in a medical college gets transferred, PIL comes. Is it for us to decide?".The Bench made these observations while hearing a public interest litigation (PIL) seeking directions to the Central government to give English names to the three new criminal laws.The PIL moved by Advocate PV Jeevesh stated that the nomenclature of the new laws will create confusion and difficulty for lawyers in South India and other parts of the country where Hindi is not spoken as the first language.The names of the new laws are also hard to pronounce for those who do not speak Hindi or Sanskrit, the PIL added.The primary contention of the petitioner-lawyer is that this is violative of Article 19(1)(g) of the Constitution which guarantees the right to practice any profession or to carry on any occupation, trade or business.Jeevesh further contended that it also goes against the mandate of Article 348(1)(b), which says that all bills introduced and passed by the legislature shall be in the English language."One of the legislative intents of the constituent assembly in shaping Article 348 was the widespread use and acceptance of the English language across various linguistic groups in the country. This choice was intended to bridge linguistic barriers and promote unity and understanding among the diverse linguistic groups of the country. The respondents 1 to 4 (Central government) failed to consider that great object of the founding fathers of the Constitution," the PIL stated.Naming the new laws in this manner is nothing but linguistic imperialism, and is autocratic, capricious, unjustified, arbitrary and antithetical to the democratic values and the principles of federalism, Jeevesh contended.Apart from the prayer for directions to give English names to the laws, Jeevesh also sought a declaration that Parliament has no authority to title any law in any language other than English..The matter will be taken up again on Monday, July 29.