Justice during Global Pandemic- Well Served?

Bensha C Shaji and Angel Shaji
Christ Deemed to be University Bengaluru, India.

Volume III, Issue VI, 2020

“No legal system can maintain justice unless every participant magisters, prosecutors, Legumes, defendants, witnesses, all risks life itself in whatever dispute comes before the bar. Everything must be risked in the Court arena. If any element remains outside the contest and without personal risk, justice inevitably fails.”

― Frank Herbert, The Dosadi Experiment.

The Novel Coronavirus or the COVID 19 has wrecked down the across late since the year of 2019. The transmission of the disease harmed more about 200 different countries which affected economical, social, and physical realities. This infectious virus to which there is not a known vaccine or an antidote has lobbed an unprecedented challenge to nationals as well as to international governance systems. Many restrictions which laid down has disproportionally affected the individuals who are already the most vulnerable. The role of the Judiciary as an enforcing authority and as an overseer to tackle the pandemic becomes more crucial. It is explicit that the situation demands to risk court arena to deliver justice to the seeker, if the court is restraining to take a personal risk the justice will inevitably fail as Frank Herbert quoted. This research understands why justice will inevitably fail if the court fails to face this situation as it demanding and to what extent this global pandemic affected the smooth functioning of the judicial body, Whether the Justice Institution fails to deliver justice as this novel virus is an unprecedented challenge before the Judiciary or Whether its taking ample steps to deliver Justice. Moreover, this work analyzes the extent to which the Judiciary utilized its extraordinary power to look into the concerns of the NRI’s. And also this discussion is to recognize and understand did the Supreme Court being an apex court exercised its power to secure the rights of the citizen and migrant workers while also focusing on the shortcomings in the procedural aspects of the court.

Keywords: COVID19, Novel Virus, Judiciary, Justice, Citizen, Non Resident, Guidelines, Legal System, Disputes, Antidote, Infectious, Role, Constitution, Migrant Workers, Litigation, Complaint, Procedure, Constitutional Rights, Suo Moto, Governmental Actions, Court, Challenges

DOI: http://doi.one/10.1732/IJLMH.25366