By : Sk Jahangir Ali
Law is very much complicated than human brain. That is why it fails to reach to the general people in India. Most of the law is drafted and decorated on the foreign principles before the Indian independence and after the independence. After 1947 to next 15 years, the position of the Indian democracy was just like the baby stage .Now Indian democracy is quite mature but at this postmodern era of deconstruction there is no simplification of the legal words and language. Most of the advocates juggle with the words. The general people of India are in an exploitive situation to get the justice as because the legal words are beyond the reach of literate educated and semi educated. The general people are the tax payer and the parliamentarians, judges and public prosecutors draw a lump sum from the public money. All laws are for human beings and if it is too tough to understand for the critical legal language for the general people from where law is evolved and then what is the use of it. It is just like the colonial policy to collect the raw material and make a finished good for gain of a particular handful of people.
Every human being is self advocate for self representation self defense due to natural reason within them. The simplification of legal words and language can provide them with more power of liberalization, equalization and personal sophistication to shield and shape their rights named and unnamed to strengthen the welfare society and social changes and social control.
one of the bane of the legal language of had been the persistence with latin which itself is understood by very few scholars. secondly, the extremely complicated construction of the legalese makes it necessary for reliance on a lawyer, giving a doubt that this is the primary aim of the construction.
I subscribe to the view expressed about use of now prevalent legal phraseology. Pompous or bombastic legal jargon is proprietary to the legal practitioner, nay, and a characteristic language of a particular group. It lives, breathes, and thrives in the isolated confines of this regal profession and remains alien to the vast majority. It is high time a fresh dictionary of legal words, phrases and idioms easily intelligible in layman’s term is made to clear the cobwebs away.