A case for bilingual legislation
Successive governments in Pakistan have begun their respective tenures with lofty policies aimed at good governance, poverty eradication, universal literacy and the provision of healthcare and other basic services.
Any government invariably requires legislation to implement its policies. A policy may be well-intentioned and based on good faith, but if the accompanying legislation is not properly drafted in clear and accessible language, it can lead to severely adverse outcomes and ultimately be seen as a failure of both the policy and the government.
Therefore, there is a pressing need for the effective drafting of legislation to ensure the proper implementation of government policies and to bring about both qualitative and quantitative social change. Despite this need, no meaningful effort has been made to modernise legislative drafting in Pakistan. Much of our legislation still follows the British model, relying on techniques from 19th-century British India. It is written in legalese, passive voice, and complex English, making it difficult even for lawyers and judges to comprehend and interpret.
There is an urgent need to introduce modern thinking and ideas into legislative drafting. The concept of law has evolved – from a tool of oppression to a means of economic, social, and political development. However, legislative drafting techniques in Pakistan have not kept pace with this change.
The history of law is inextricably bound to the history of language addressed to the people or a section of people. From Hammurabi’s Code etched in stone to Magna Carta written in Latin, the legal word has always carried not only power but also identity. Language in governance is not a mere technicality but the vehicle through which rights are understood, duties are performed, and justice is claimed.
In democracies, the language of the law must belong to the people. Yet in Pakistan, it remains largely alien to them. More than 77 years after independence, Pakistan continues to operate under a colonial linguistic framework in its legal system. Despite the clear mandate of the constitution........
© The News International
