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Title LANGUAGE AS A LINGUISTIC CAPITAL IN ACCESS TO JUSTICE: A STUDY OF ENGLISH AND URDU IN THE LEGAL SYSTEM OF PAKISTAN

Author(s) Amara Syed

Abstract Title: Language as a Linguistic Capital in Access to Justice: A Study of English and Urdu in the Legal System of Pakistan This study investigates the power of language as linguistic capital in affecting access to justice in Pakistan, with a specific emphasis on English and Urdu in legal communication. Applying Pierre Bourdieu's theory of linguistic capital, the study examines how language proficiency and official preference determine people's ability to interact effectively in legal processes. A quantitative research approach was employed, with 100 respondents—50 lawyers and 50 litigants—selected by probability-based stratified sampling from Rawalpindi district courts. The data was obtained using a closed-ended questionnaire. The sample corresponded to gender, age, income, and residence. The data was analyzed through SPSS and descriptive statistical techniques. The findings highlight that, irrespective of its dominance in legal settings, English creates significant obstacles for litigants and even lawyers, most frequently hindering understanding, participation, and procedural rights. However, Urdu has been perceived as a more easily understood and successful means of communication in the legal system. The research asserts that English operates as a type of linguistic capital that contributes to a socioeconomically privileged class, whereas it marginalizes the majority, perpetuating current systems of power. Urdu must be used as a legal language to promote access to justice and improve the quality of legal communication. The findings indicate the need for an Urdu-inclusive legal system that stimulates more justice and public trust in the legal system. This study complements broader discussions regarding language equality and postcolonial legal reforms by reiterating the necessity for policy modifications that ensure that justice is not linguistically confined but must be readily available to everyone

Type Thesis/Dissertation

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Department English

Language English

Publication Date 2025-08-07

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