The Kerala High Court has disposed of a Public Interest Litigation (PIL) seeking direction to the respondents to make available translated copies of draft notification in the official regional language of the State of Kerala and upload the same on its official websites.
The PIL filed by the Petitioners further seeks direction to the 1st and 2nd respondents (Union of India and the Ministry of Environment) to extend the notice period to the public for filing their objections to Notification for a further period of two months from the date of publishing of Malayalam translations in the website and petitioner may be permitted to dispense with the filing of the translations of the documents in the vernacular language in the interest of justice.
The Ministry of Environment, Forests and Climate Change of the Central Government issued a notification in English on 02.08.2024. This notification is issued to invite objections and suggestions on the proposal outlined in the draft notification and for the consideration of the Central Government within the period specified by the Secretary to the Ministry of Environment, Forests and Climate Change. The last date is 01.10.2024.
The Senior Government Pleader submitted that, without a Malayalam version, the notification would serve no purpose. The Senior Government Pleader further drew attention of the Court to the judgment of 2020, where the Court directed the Malayalam version of the draft notification.
The purpose of issuing the notification is to invite objections and allow the local public to participate in the consideration of the Central Government’s proposal. The very purpose of inviting objections would be defeated, if the notification is not published in Malayalam, the local language familiar to the area where the notification is intended to apply. We find merit in this argument.
The counsel in charge of the Deputy Solicitor General of India submits that the State Government will have to provide a translated copy of the notification and is prepared to publish it. The counsel submits that, to ensure accurate translation, it is appropriate for the State Government to provide a translated copy of the notification.
Considering the facts and circumstances of the case, the Division Bench of Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu issued the following directions and dispose of the matter:-
The third respondent shall forward translated copies of to the first respondent within two weeks from the date of receipt of a copy of this judgment. Thereafter, the first respondent shall publish the translated version by giving sixty days’ time to raise objections and proposals from the date of such publication of the notification.