Daily Times

All people and nations have to be governed under the law to live with honour and dignity on the face of this earth. They can protect themselves and others and similarly stream out a safe and smooth passage for themselves and for others to make this world peaceful. To achieve this end, they need a code of laws to govern all spheres of their lives, for which basic knowledge of their fundamental laws is essential. This knowledge can be best instilled in their minds if they can feel and read what behaviour is required of them by the society for their harmonious working, and how good or bad their country is doing.

Not all people in a country are always of the same ethnicity, language and culture. There are 77 established languages in Pakistan. Of these, 68 are indigenous and 9 are non-indigenous. Urdu is the national language and lingua franca of Pakistan and yet the paradox is that although only about 7% of Pakistanis speak it as their first language, it is widely spoken and understood as a second language by the vast majority of Pakistanis.

The legal system of Pakistan is based on the British Common law system of England. All publications of laws, regulations, and reporting systems are done in English. During the colonial British rule, nearly all the judges were English and recorded their judgments in English from which reviews, revisions and appeals used to be filed to the next above forum i.e. Privy Council, Lords and Viceroy etc., Since their legal decisions had to be interpreted in the same language i.e English, in which those are written, hence English became the court language and the case law based on these legal decisions across had perforce to be interpreted by the lower courts in the English language and no syntax of any language other than that of English language could be used. Under this exigency, English remained the common legal language of both India and Pakistan, and all through the English stay in the sub-continent their occupation of the sub-continent, even after the independence. Our entire gamut of law is in English and now we cannot give it away simply because it is a foreign language by ignoring the immense wisdom of the British Common law with its incisive depth of European scientific rationalism and laced with Greco-Roman virtues of Prudence, fortitude, Justice and Temperance.

However for the last nearly half a century, to make its people fully aware of the laws under which they are governed, a great corpus of law has been rendered into Urdu by the lawyers and various publication houses, and all old and current legislation rendered in Urdu reach the litigating public who have now far better knowledge of the legal understanding of their affairs with their community. Because of these Urdu renditions it is now easier for them to know at first hand the law which applies to their affairs.

Law schools can offer courses in Urdu to help train lawyers who are more comfortable with the language.

Urdu is Pakistan’s major and most universally understood language which has the largest literacy all over its length and breadth. Pakistan is also a diverse country with multiple ethnicities, spread all over it, where each one has its local dialect besides Urdu, which acts as their lingua franca and serves as their common bond.

Pakistan employs a hybrid or mixed legal system, a system influenced by Islamic law via a religious system and a common law legal system. Islamic law is established via religious texts like the Koran and the Sunnah.

Pakistan’s legal system combines common law and Islamic law. Nepal’s legal system combines Hindu legal concepts and common law. The Philippines has a mixed legal system of civil, common, Islamic and customary law. Sri Lanka’s legal system combines civil law, common law and customary law.

India maintains a hybrid legal system with a mixture of civil, common law and customary, Islamic ethics, or religious law within the legal framework inherited from the colonial era and various legislation first introduced by the British are still in effect in modified forms today.

The legal system of India consists of Civil law, Common law, Customary law, Religious law and Corporate law within the legal framework inherited from the colonial era and various legislation first introduced by the British are still in effect in modified forms today.

According to the constitution of Pakistan, all citizens are equal before the law and are entitled to equal protection of the law. Chapter 1 of the Constitution contains articles about fundamental rights. Articles 8 to 28 of the constitution deal with all fundamental rights provided to the citizens of Pakistan.

The rule of law in Pakistan ranks 129th out of 140 countries worldwide, rising two positions since last year. Regionally, Pakistan ranks 5th out of 6 countries in South Asia.

The region’s top performer is Nepal (ranked 69th out of 140 globally), followed by Sri Lanka and India.

The Pakistani legal system primarily operates in the English language, as it inherited many of its legal traditions from the British colonial period. However, the Pakistani government has taken steps to make legal documents and proceedings more accessible to the general population by providing translations into Urdu, which is the national language of Pakistan.

Here are some steps that can be taken to further the translation of the Pakistani legal system into Urdu or to make it more accessible to Urdu speakers:

Translation of Laws and Regulations: The government can initiate the translation of existing laws, regulations, and legal documents into Urdu. This includes the Constitution, penal code, civil code, and other important legal texts.

Legal Education in Urdu: Law schools and legal education institutions can offer courses and materials in Urdu to help train lawyers and legal professionals who are more comfortable with the language.

Bilingual Court Proceedings: In areas with a significant Urdu-speaking population, courts can conduct proceedings in both English and Urdu. This can help ensure that litigants who are more comfortable with Urdu can fully participate in legal processes.

Legal Aid and Information in Urdu: The government can establish legal aid services and provide legal information in Urdu to assist individuals who require legal assistance but may not be proficient in English.

Awareness Campaigns: Launch public awareness campaigns to educate citizens about their legal rights and responsibilities in Urdu. This can include distributing pamphlets, organizing workshops, and utilizing mass media.

Professional Translation Services: Utilize professional translation services to ensure accurate and consistent translations of legal documents. Legal terminology can be highly technical, so it’s crucial to maintain precision in translations.

Training for Legal Professionals: Offer language training programs for legal professionals to enhance their proficiency in Urdu. This can be particularly important for judges, lawyers, and court staff.

Legal Terminology Standardization: Develop a standardized glossary of legal terms in Urdu to ensure consistency and clarity in translations.

Online Resources: Create online resources and websites in Urdu that provide access to legal information, forms, and resources.

Government Support: The government should allocate resources and support initiatives aimed at promoting the use of Urdu in the legal system.

It’s important to note that while making the legal system more accessible in Urdu is essential for ensuring justice and legal rights for all citizens, it may take time to implement these changes effectively. Additionally, bilingualism or multilingualism in legal proceedings may vary by region in Pakistan, as the country has a diverse linguistic landscape. Therefore, considerations should be made for the linguistic diversity within the country when implementing language accessibility measures.

The writer is a former member of the Provincial Civil Service, and an author of three books.