Legal language, often referred to as “legalese,” is the specialised language used in legal documents, contracts, laws and court proceedings. While it serves to ensure precision, clarity and consistency in legal matters, it also creates significant barriers for the average person. In India, a country with a diverse population and a complex legal system, the problems of legal language are particularly pronounced.
The Nature of Legal Language
Legal language is inherently complex. It includes a specialised vocabulary, long and intricate sentence structures and often, the use of Latin and archaic terms. These features are designed to ensure that legal documents are unambiguous and can withstand scrutiny over time. However, this complexity often comes at the cost of accessibility, making legal documents difficult for laypeople to understand.
In India, where the legal system is based on common law and influenced by British legal traditions, legal language retains many of these archaic and foreign elements. This has resulted in a body of legal literature that is often impenetrable to the average Indian citizen, leading to confusion, frustration and a sense of alienation from the legal system.
Lingual Complexities
One of the primary issues with legal language is its lingual complexity. Legal documents often contain long sentences, complex grammatical structures and an extensive use of technical jargon. For example, the Indian Penal Code, a cornerstone of criminal law in India, is filled with dense, convoluted sentences that are difficult for non-lawyers to decipher.
Long Sentences and Complex Structures
The use of long sentences in legal documents is a significant barrier to understanding. Research conducted by Jaya Verma on Indian legal texts found that the average sentence length was 71.33 words, with some sentences exceeding 400 words. Such lengthy sentences can be challenging to follow, leading to misinterpretation or a complete lack of comprehension.
Moreover, legal documents often contain multiple clauses within a single sentence, creating a structure that is difficult to navigate. This complexity is not just a feature of legal English but is also prevalent in legal texts written in Indian languages. The result is a legal language that is inaccessible to the very people it is meant to serve.
Use of Archaic and Foreign Terms
Indian legal language is replete with archaic terms and Latin phrases that have been carried over from colonial times. Terms like habeas corpus, ex parte, res judicata and bona fide are commonly used in Indian courts and legal documents. While these terms have specific legal meanings, they are often incomprehensible to those without a legal background.
The use of these terms not only complicates legal language but also perpetuates a sense of exclusion among the general public. When people encounter such terms in legal documents, they may feel intimidated or discouraged from engaging with the legal system.
Legal Complexities
Legal complexity refers to the specialised nature of legal terminology and concepts that are not easily understood by laypeople. This complexity is a significant barrier to accessing justice in India.
Specialised Legal Terminology
Legal terminology or “terms of art,” is a critical aspect of legal language. These terms have specific meanings within the legal context that differ from their everyday usage. For instance, the term “consideration” in contract law refers to something of value exchanged between parties, while in common parlance, it simply means “thoughtfulness.”
In India, legal documents are filled with such terms, which require specialised knowledge to understand. This creates a gap between legal professionals and the public, making it difficult for ordinary citizens to understand their rights and obligations under the law.
Legal Interpretations and Ambiguities
Legal language is often deliberately vague or open to interpretation to allow flexibility in the application of the law. However, this can also lead to ambiguity and confusion. In India, where multiple languages are spoken and legal documents are often translated between languages, these ambiguities can be exacerbated.
For example, a legal term in English may not have a direct equivalent in Hindi or another Indian language, leading to variations in interpretation. This can result in legal disputes and misunderstandings, further complicating the legal process for the average citizen.
Traditional Complexities and the Legal Profession
The legal profession in India, much like its counterparts around the world, has developed its own traditions and practices over time. One of these traditions is the use of complex legal language, often referred to as “legalese.”
The Bandwagon Effect
In the Indian legal community, there is a strong tendency to adhere to traditional legal language, even when simpler alternatives are available. This “bandwagon effect” is driven by a combination of professional norms, a desire to appear knowledgeable and a reluctance to deviate from established practices.
For example, junior lawyers in India are often trained to use complex legal language in their drafting and court submissions. This perpetuates the cycle of legalese, as these lawyers go on to mentor the next generation, who in turn adopt the same practices.
Resistance to Change
There is also resistance within the legal community to simplifying legal language. Many lawyers and judges argue that the precision and technical accuracy of legal language are essential for ensuring that the law is applied consistently and fairly. They contend that simplifying legal language could lead to misunderstandings and unintended consequences.
However, this resistance to change also means that legal language remains inaccessible to the average person. This creates a situation where only those with legal training can fully engage with the legal system, effectively excluding a large portion of the population.
Impact on Access to Justice
The problems of legal language in India have a direct impact on access to justice. When legal language is difficult to understand, it creates barriers for people seeking to assert their rights, navigate the legal system or defend themselves in court.
Barriers to Legal Literacy
Legal literacy or the ability to understand and use legal information, is a critical component of access to justice. However, the complexity of legal language in India makes it difficult for many people to achieve legal literacy.
For example, a person who receives a legal notice or contract in complex legal language may not be able to understand its implications. This can lead to situations where people unwittingly agree to unfavourable terms, miss important deadlines or fail to assert their legal rights.
Dependence on Legal Professionals
Because of the complexity of legal language, many people in India are forced to rely on lawyers to navigate the legal system. While legal representation is important, it can also be costly and time-consuming. This dependence on legal professionals can be a significant barrier for those who cannot afford legal fees or who live in areas with limited access to legal services.
Moreover, even when legal representation is available, the communication gap between lawyers and clients can be a challenge. If a lawyer uses complex legal language to explain a case or legal document, the client may not fully understand their situation or options.
Solutions to Address Problems of Legal Language
Addressing the problems of legal language in India requires a multifaceted approach that includes legal reform, education and the promotion of plain language initiatives.
Legal Reform and Simplification
One potential solution is to reform the way legal documents are drafted in India. This could involve revising existing laws and regulations to use simpler, more accessible language. For example, some jurisdictions have introduced plain language legislation that requires legal documents to be written in clear and straightforward language.
In India, there have been some efforts to simplify legal language, such as the use of Hindi and other regional languages in court proceedings and legal documents. However, more needs to be done to ensure that legal language is accessible to all citizens, regardless of their linguistic background or level of education.
Plain Language Initiatives
Plain language initiatives aim to make legal documents and communications more accessible by using clear, concise language that is easy to understand. These initiatives can be applied to a wide range of legal documents, including contracts, court forms and legal notices.
For example, a contract written in plain language would use short sentences, avoid jargon and clearly explain the rights and obligations of each party. This would make it easier for people to understand what they are agreeing to and reduce the likelihood of disputes.
In India, promoting plain language in legal documents could help bridge the gap between legal professionals and the public. It would also support legal literacy efforts by making legal information more accessible to a wider audience.
Legal Education and Awareness
Improving legal education and awareness is another important step in addressing the problems of legal language. This includes not only formal legal education for lawyers and judges but also public legal education initiatives aimed at increasing legal literacy.
For example, legal aid organisations in India could provide workshops or resources to help people understand common legal terms and concepts. Schools and community centres could also play a role in promoting legal literacy by incorporating basic legal education into their curricula.
By increasing legal awareness and understanding, these efforts can empower people to engage with the legal system more effectively and assert their rights with confidence.
Conclusion
The problems of legal language in India are significant and have far-reaching implications for access to justice. The complexity of legal language creates barriers for ordinary citizens, making it difficult for them to understand their rights and navigate the legal system. This, in turn, can lead to a sense of exclusion and alienation from the legal process.
Addressing these issues requires a concerted effort from the legal community, policymakers and educators. By simplifying legal language, promoting plain language initiatives and increasing legal literacy, India can make its legal system more accessible and ensure that justice is truly available to all. In a diverse and democratic society like India, it is essential that the law is not just a tool for the few but a resource for everyone.