The Influence Of Indigenous Language On Legal Frameworks
- IJLLR Journal
- Jun 26
- 1 min read
Sushma Bharti, Amity University, Uttar Pradesh
ABSTRACT
Language is a fundamental component of legal systems, shaping the interpretation, enforcement, and accessibility of laws. Indigenous languages, deeply rooted in cultural traditions and worldviews, play a crucial role in legal pluralism, customary law, and access to justice. However, colonial legal frameworks have historically marginalized indigenous languages, creating significant linguistic barriers in legal proceedings. This research examines the influence of indigenous languages on legal frameworks, focusing on statutory interpretation, the recognition of customary law, and the role of linguistic diversity in legal pluralism. Through case studies from Canada, New Zealand, and South Africa, the paper highlights legal reforms that promote indigenous language inclusion and the challenges that remain in ensuring linguistic justice. Additionally, it explores international legal instruments such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the International Covenant on Civil and Political Rights (ICCPR) that advocate for the protection of indigenous language rights. The findings underscore the necessity of legal reforms to ensure indigenous languages are recognized and actively used in judicial processes, policy-making, and governance. By integrating indigenous languages into legal systems, governments can strengthen legal equity, cultural preservation, and indigenous self-determination.
Keywords: Indigenous languages, legal frameworks, legal pluralism, customary law, linguistic rights, access to justice, statutory interpretation, United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), legal barriers, indigenous governance.
