Justice in a Foreign Tongue: Linguistic Inequality and Access to Justice in India

We often hear that “justice delayed is justice denied,” but in reality, justice is sometimes denied before it even begins — because the language of the law feels alien to those expected to understand it. In India, the courtroom remains a space dominated by colonial-era English, dense legal jargon, and mistranslations that create an invisible but powerful divide. This paper draws attention to a rarely acknowledged truth: many litigants don’t lose their cases because of poor facts or weak arguments — they lose because they were never truly heard or understood. The research investigates how communication gaps, born from complex legal language, the lack of trained court interpreters, and the near absence of institutional linguistic support, quietly obstruct justice. It asks a fundamental question: What becomes of justice when it is written in a language people can’t read, and spoken in a tone they cannot follow? This paper turns to the emerging discipline of forensic linguistics — not just as a theoretical tool, but as a practical means to reimagine how courts operate. The paper advocates for a shift beyond simple translation, urging a deeper transformation in the way courts speak, write, and above all, listen. Until the legal system begins to communicate in a way that is inclusive and comprehensible, the promise of justice will remain just that — a promise, unfulfilled for those who need it most.