Language Barrier Faced by Natives in Colonial Courts: A Study Based on 'The Village in the Jungle'

Abstract

The judiciary plays a pivotal role in upholding law and justice within any nation. During the British colonial period, the judicial system introduced to Sri Lanka operated exclusively in English. To foster trust and confidence in the judgments delivered, it is imperative to conduct judicial proceedings in a language understood by the citizens. 'The Village in the Jungle', is a novel that provides a glimpse into how the judicial process unfolded during colonial times. While a novel is a work of fiction, the author's journal records suggest that he drew inspiration from the actual circumstances of contemporary society. This research endeavors to identify and analyse the challenges confronted by native communities due to language barriers within the court system. While the importance of employing a language comprehensible to citizens in the judicial process is acknowledged, this study delves deeper into the question of why colonial authorities were hesitant to adopt native languages for judicial purposes. Drawing data from a content analysis of 'The Village in the Jungle', Leonard Wolf's journal entries, and archived documents, this study sheds light on the difficulties faced by native communities in the judicial processes due to language barriers during colonial times. The findings of this study reveal that native communities encountered significant difficulties during the colonial era due to language policies in the judicial process. Several underlying causes of this, such as the absence of an adaptable native language stratum for colonial judicial proceedings, English serving as the working language in all government institutions, and a failure to recognise the judicial process as a matter impacting the lives of ordinary citizens, rather than just a component of general language policy, are recognised by this study. Additionally, this study reveals that political movements advocating for the rights of ordinary citizens and community empowerment contributed to the emergence of a discourse regarding this issue within the contemporary society.