Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

JUSTICE IN AN UNFAMILIAR TONGUE REIMAGINING LINGUISTIC ACCESSIBILITY AS A CONSTITUTIONAL RIGHT IN INDIA

Cite this Article

Sakshi Soni (2026). JUSTICE IN AN UNFAMILIAR TONGUE REIMAGINING LINGUISTIC ACCESSIBILITY AS A CONSTITUTIONAL RIGHT IN INDIA. The Indian Journal for Research in Law and Management, Volume III(Issue 9). Retrieved from https://ijrlm.com/journal/justice-in-an-unfamiliar-tongue-reimagining-linguistic-accessibility-as-a-constitutional-right-in-india/

Abstract

The Indian judiciary, mandated by the constitution to provide equal justice to everyone, functions mainly in English and more than ninety per cent of its citizens don't speak English. In a multilingual society like India, the issue of language takes significance as far as access to justice is concerned. This article highlights that the lack of any substantive linguistic support in judicial proceedings is not just a procedural shortcoming but a structural violation of the fundamental rights guaranteed under Article 14, 19, 21 and 39A of the Indian Constitution. A synthesis of constitutional text, which the lack of a right to understand and be part of judicial proceedings in one's mother tongue. It suggests a four-part doctrinal framework entitled Linguistic Due Process Doctrine, which restores language access to its place as a fundamental part of the right to a fair trial, equal protection, and dignitary justice. The article also examines the current statutory and administrative frameworks of the Official Languages Act, 1963, and the National Language Policy as lacking in structural strength and constitutional theory. It ends with a normative agenda for judicial reform, legislative intervention, and the technology-enabled solution that is customized to the multilingual nature of India. The document is about the legal significance of linguistics, specifically the constitutional rights to linguistic accessibility, fair trial, and due process in Article 21, and the potential of judicial reform, the Official Languages Act, and a commitment to multilingualism in the case of India.

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The Indian Journal for Research in Law and Management
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2583-9896
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