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by Mohamed Johana

It is an accepted fact that denial of language rights formed the base for the ethnic problems in Sri Lanka. Half a century has passed since the Sinhala only act was enacted in Parliament on June 5 1956. During this period of 50 years the language issue has grown to such proportion as to have brought this country to the verge of total destruction. Now at a time there is hope of peace and co-existence of ethnic groups in this country it is good to review the position of the implementation of language policy.

After Sinhala only act in 1956, the minorities carried forward a number of struggles and as a result a substantial amendment was brought in 1978 when Tamil and Sinhala were accepted as National languages. With the 13th Amendment Tamil language has been accepted as an official language. It is true that during the last 50 years considerable improvements have been effected with regard to the laws relating to the use of the language and the Tamil speaking minorities can be happy about it.

Although it is so with regard to the legislation, if one looks at the implementation of the language policy, then it is highly disappointing. Not a single government department implemented, or implements, the language policy in a truly satisfactory manner. It also must be remembered that in few of the Administrative Districts in the Central, Uva and Western Provinces, Tamil has been declared as the administrative language, but nothing has changed.

The purpose of this article is to highlight the state of the use of Tamil language in judicial courts which is the last and final place to which the people go for justice. Here I would like to view this issue as a simple lay litigant rather than analyze the issue in the background of the existing laws governing the use of language in the courts. Apart from the Northern and Eastern provinces many Tamils and Muslims live in large numbers in the Central, Uva, Sabaragamuwa Provinces and in one or two districts in the Western Province. A considerable number of these minorities live in the other provinces too.

Violation

The language used in the courts in the provinces mentioned is Sinhala. Most of the courts do not have interpreters who know the Tamil language, leave aside English, thereby causing tremendous hardships to the Tamil speaking people. The case numbers, dates, and other details with regard to the cases are announced in Sinhala. And as a result the person charged pleads to the charge not knowing the exact charge against him.

This happens in almost all courts in the above districts and the Tamil speaking people who come to these courts as accused persons, witnesses or as sureties thereby undergo untold difficulties. They do not know the amount of the fine or bail imposed by the court.

As a result they are subjected to cheating by unscrupulous persons in court (minor employees, prison officers etc) houses by inflating these amounts. There are instances when the dates announced in court have been misunderstood by these people and their failure to attend court has resulted in the issue of warrants against them and they have been arrested on such warrants. Although these are daily occurrences in the courts no one seems to be taking any remedial action.

The worst is that these people are requested to give evidence in the Sinhala language. Since there is no alternative, most of them reluctantly volunteer to give evidence with little knowledge of Sinhala they have, but face serious difficulties when facing cross examination unable to understand the questions put to them in highly legal jargon. It is not only that they do not understand, but they find it difficult to express themselves properly. And I have seen lawyers exploiting this situation in favour of them while the judges look on helplessly.

Not only in the lower courts, this happens in the high courts too. Even in rape cases and cases of molesting where the female victim finds it highly embarrassing to give evidence in her own language owing to the sensitive words used, the Tamil speaking victims are required to give evidence in Sinhala. One could easily understand the agony the victim undergoes when subjected to cross examination.

Similar difficulties are also experienced in murder cases. All this causes miscarriage of justice. The real culprit escapes, the witness faces frustration and sometimes the innocent faces conviction. There are number of court houses where they make use of the police officers or minor employees in attendance who know few words of Tamil as interpreters. One should note that this highly undermines the dignity, authority, of the judicial courts.

Labour Tribunals

When a person informs court that he or she is totally unable to give evidence in the Sinhala language, the judge informs the Judicial Service Commission (JSC) to appoint an interpreter for that case only. But due to the shortage of qualified interpreters, and due to the delay in the JSC appointing such interpreters, the cases get delayed for years. Such interpreters have to be drawn from other important courts and as a result on the days such interpreters have to be drawn from other important courts and as a result on the days such interpreters go on relief duty the work in their own court too is affected.

The situation in the Labour Tribunals (LTs) is still worse. Most of litigants in such Labour Tribunals in the above-mentioned districts are Tamil speaking persons.

They are subjected to double suffering as they not only have lost their jobs but also pay for the delay as the cases are dragged on for several years due to the shortage of interpreters. Not only the language right given to the minorities by a number of laws are denied, by non-compliance and non-implementation but also the fundamental rights granted to all citizens that every citizen should be treated equally irrespective of religion, language, race and other factors are denied in the judicial courts themselves.

If the denial of the use of language is one of the root causes of the ethnic problem, then the question of denial of the use of language in judicial courts, no doubt complicates the issues. Moreover, this in no way assists government in its attempt to create ethnic harmony.

Ensuring rights

There is a severe shortage of qualified interpreters in the courts of Sri Lanka. The unattractive salary scales, non payment of incentives or extra payments to the interpreters competent in the third language, lack of good prospects in the service are some of the reasons that makes it impossible for the JSC to recruit the required number of competent interpreters. The most efficient and qualified interpreters at present in the service under JSC have become a frustrated lot waiting to leave the service on the first opportunity they get.

Most of the interpreters recruited in the recent past know only one language: either Sinhala or Tamil; one does not know why they are called interpreters as they are unable to engage in any interpreting work.

There are few others who know two languages. But the same salary is paid to them as the ones who know just one language. But the worst is that the very few ones who know the third language too get the same treatment as the ones who knows only one language. How can one be required to work in all three languages without being paid a incentive at least for the third language? An incentive for the third language has been asked by these interpreters for a long time but is being totally ignored.

A long time demand of the interpreters for the creation of a Supra Grade or a Special Grade with an equivalent salary to that of the Class One Registrars in the service of the JSC has not been even considered.

Some of the senior interpreters have reached the maximum in their present salary scales carry on their services being highly frustrated. Number of Registrars to the courts have been appointed in recent times, some courts have 3 to 4 Registrars who engage in normal clerks' duties unable to be given any responsibilities, while such court houses do not have a single interpreter.

On the other hand, it is interesting to note that the translators working in many high courts who do not do any translation work and do other work of normal clerks, get a salary almost equivalent to the Class One Registrar. How frustrating it is for the interpreters who bear the burden of running courts day in day out, standing the whole day, doing interpretation in open court which is one of the most difficult jobs, being paid a salary almost equivalent to that of a Class 3 Registrar? This is the treatment even the class I interpreters working in three languages get. How fair or justified is this treatment?

On the other hand, the newly recruited interpreters have not been given any training and the way they perform their duties in the courts sometime undermines the dignity of courts. Of course they cannot be blamed for that, when no one thinks of training them. In the meantime they will not bother to learn the second language, leave aside the third language.

Why should they waste their time when the so-called interpreter who knows only one language gets the same salary and treatment as the one who knows the second and third languages? They will not learn either, as the interpreter who knows the second and the third language has to do more hard work without getting any monetary benefit or privileges. So why should one burden himself unnecessarily by learning the second and third language?

It also should be remembered that in any outside institution an interpreter knowing three languages is paid as high as Rs. 1,500 to 2,000 for a day's interpretation work. Senior interpreters too have another grievance, that is when appointing interpreters for relief work which gives some monetary benefit to the officer concerned, favouritism plays havoc and the seniors are denied these opportunities and tied down to the work in one court house.

Under these circumstances many of the senior interpreters have joined other services such as Registrars and the remaining ones will opt to retire with the new retiring scheme, leaving the interrupters service as "No interpreting service".

What will then happen to the implementation of the language policy in a situation where peace and reconciliation process is concerned. Unless quick remedial action such as creating a Supra Grade for the interpreters is taken the natural death of interpreters' service cannot be avoided.

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