How Covid 19 Affected In India: Legal Issues And Challenges

By Kalpana Bharati Raut

Today at present time the whole world facing the worst situation due to the new virus disease cases of the Corona virus infection and in light the present era is known by all pandemic. Now a days the battle is to fight against the corona virus by the nation. And positive con- firmed cases are rising continuously. Due to heavy rise of the confirmed cases continue with- out any decrease day to day hamper and creates many aspects of legal issues and challenges. Our Prime Minster Shri Narendra Modi ji and Home Minister Shri Amit Shah is to take many steps to control this infectious disease, and also preparing the other side for the safety of the country by China. Here, we all know that the root of these disease begun in the Country of China in Wuhan and caused a devastating effect on the environment of china.

This corona virus is the major vital infectious disease which makes all global environments suffers through its affects. An infected person within a second can infect a mass of people. It leads to largely fall down in economic, widely decrease in population, people are restricted to do their regular works for livelihood, poor peoples are affected miserably leading to crises in food shelter and migration etc. Mostly the MNCs are highly facing problems due to largely losses in shares and business in the pandemic situation and also the force majeure established which is a French Word that implies superior power.

To see the global era of pandemic in my opinion I am divided as per below category of the issues and challenges which is affected in India utmost.

SOCIAL ISSUES                                         

According to me corona virus creates the various social issues and highly affects the society. Firstly, the infected person and their family suffers through many emotional breakdown and society starts avoiding them and starts maintaining a kind of neglect social distancing. Many marriage ceremonies are being postponed. Bridal and bridegroom are facing many emotional traumas regarding their wedding in lockdown due to restrictions on the pandemic grounds. Not only marriages, birthdays or any happiness but death of a person has also became a situation to traumas to deal with in case of covid-19 infected persons death body their families are not allowed to even see their funeral, in general cases of death due to restrictions people are bound hurry to burn and finish the funeral as soon as they can forgetting their emotions and relations. Apart from these if we talk about the daily wage workers and the poor section of the society they are faced by many difficulties and emotional faceoff like their families suffer from hunger, jobless, emotional breakdown and leading to deaths. In this pandemic mostly due to lockdown and curfew persons being loneliness, depressed, exhausted, emotionally un- healthy leading to rapidly increase in high rates of suicide cases. Being jobless and being ide- al people are becoming criminal minded, due to these situations like child rapes, robbery, physical harassment etc are leading in society. People are unable to enjoy their personal liberty as following the emergency situation or protocol in society. Poor children unable to afford new educational technology let them in depression and commit suicide in the society. People unable to afford expenses of cities in society. Last but not the least highly increases in poverty and crisis in food over the society.

ECONOMIC ISSUES

Indian Economy is something which is devastatingly affected in covid19 pandemic. Due to the lockdowns, restrictions and the unlocks in a breaks people are being jobless. Maintaining social distancing leads to affects the economy. India’s growth in the fourth quarter of the fiscal year 2020 went down to 3.1% as per the Ministry of Statistics. This leads to sharp rise in unemployment in the people’s economy. The MNC’s and other companies of India are facing a wide stress on the supply chains of the economy. As per the Chief Economic Adviser of government of India there is a largely disruptive decrease in the government income of the economy. Mostly there is a collapse of the tourism industry of Indian economy. Not only there is a fall in tourism but also in the hospitality industry of economy. Due to this pandemic government of India there is a largely disruptive decrease in the government income of the economy. Mostly there is a collapse of the tourism industry of Indian economy. Not only there is a fall in tourism but also in the hospitality industry of economy. Due to this pandemic the export and import of economy are also in a huge trouble. As there is also a face off reduced consumer’s activity in the economy. Economy also has plunge in fuel consumptions and rise in LPG sales in India. And according to the World Bank the current pandemic has “magnified pre-existing risks to India’s economy outlook.” People are facing Economic is- sues highly affected and due to lockdown and unlock 2.0 people become jobless and many people stay at home without work so they can’t feed themselves and their family total environment is in hunger situation due to this pandemic. In that consequence poverty rate rises day to day. Many people go to in deep depression for their daily livelihood expenses because they can’t bear their daily needy expenses. As a result, high crime rates increase and fall in economy and rise highly in poverty rate.

EDUCATIONAL ISSUES

Covid 19 has not only affected socially or economically but it had affected the educational regions of India. In such a situation of emergency due to all sorts of restrictions students are suffering a lot, like there exams had been cancelled or are being postponed. They are likely to give exam through e-learning processes. It is not enough to take admission nor is it easy for the candidate or student in the era of such a situation of emergency. Most of the students to take their admission by online and tests held by the technology and to maintain video conferencing many apps downloaded by the students and whatsapp is also use by the educational institutions for the teacher student interaction. But most of the teacher and authority and student have no any knowledge about technology so online class is major problems to the students to gain knowledge and skills. Mostly if I speak on educational issues it had become a type of harassing element because a mass of students is from poor backgrounds, they can’t afford such expenses of e-learning in such a situation where they are even unable to eat a proper meal in a day. Due to this many students are mentally depressed and use to attempt unusual actions like suicides or forcing their family to afford them, not only these but students are losing their eyesight and also its affects students health.

LEGAL ISSUES

COVID 19 is very highly affected the judiciary system. It creates the problems in judiciary mostly to access justice. Regular court proceeding is affected and restricted and also virtual video conferencing and online case e-filing system is promoted. In that way most of the lawyers and staff authority, old aged person has lack of knowledge about technology so they faces problems relating to its and in that case high rate of regular court cases highly pending in court. Supreme Court and High Courts also have taken steps and provide some guidelines, and staff authority, old aged person have lack of knowledge about technology so they face problems relating to its and in that case high rate of regular court cases highly pending in court. Supreme Court and High Courts also have taken steps and provide some guidelines, directions and orders during this pandemic time lockdown nationwide that only urgent matters deal with the Court instead regular court proceeding in normal way. It leads to stay at home, so all and many advocates becomes workless, live at home without work and becomes in deep root situation of frustration, depression etc. In Suo Motu writ petition (c) No-1/2020, in Re Contagion of Covid 19 virus in prisons, a Bench of Chief Justice SA Bobde and Justic- es L. Nageswara Rao and Surya Kant directed that prisons must ensure maximum possible distancing among the prisoners, including under trials, the Bench also directed that the physical presence of all the under trials prisoners before the courts must be stopped forthwith and recourse to video conferencing must be taken for all purposes. The transfer of prisoners from one prison to another for routine reasons was also prohibited except for purpose of decongestion. In Suo Motu writ petition (civil) No 5/2020, in Re. Guidelines for court functioning through video conferencing during Covid 19 pandemic, a Bench of Chief Justice of India SA Bobde and Justices Dy Chandrachud and L Nageswara Rao directed that all measures shall be taken by the Supreme Court and by the High Courts to reduce the need for the physical presence of all stakeholders within court premises and to secure the functioning of courts in consonance with social distancing guidelines.

It is rises in crimes like domestic violence, sexual abuse in children, robbery, suicide etc. The people who violate the lockdown orders can be punished under the below sections of the Indian Penal Code (under the Epidemic Diseases Act, 1897.

POLITICAL ISSUES

A political issue is led by Covid 19 and creates the one of the major challenges against the nation to maintain peace and security. It seems like war is start with our nation against the China. Our Government had banned the 59 apps of the country of China and restricted the people to use China product in India. So, it is affected import export business between our nations with China. Due to Chinese aggression on Line of Actual Control (LAC) in Eastern Ladakh, and considers military pushback against the Dragon in case things escalate, New Delhi’s defence allies are pitching in with arms and ammunition. France, Russia, Israel and US stands to help India in its war against China.

In my concluding observation I want to give my suggestive remedy opinion to control this situation firstly I want to suggest social distancing must be maintain by each and every peo- ple of the nation, must be do hand wash time to time with soap and water as per government and WHO directions 20 seconds minimum, also to use sanitizer frequently; secondly home isolated by all individuals and avoid unnecessary essential service of outside, must be use mask properly and do self entertain time to time for avoiding depression and frustration; thirdly, work from home principles must be adopted by all; fourthly, door to door swab test activity must be adopted by the government authority; fifthly, Aarogya Setu app must follow by all; sixthly, while medicine or vaccine will available it must be made in generic medicine sense not for used business purpose by all; seventhly, avoid close contact with the sick per- son, and drink hot water all the time and to take hot and healthy food; eight, it is not possible by central or state government or any other authority to control this situation alone it is our nation and our constitution must be say that WE THE PEOPLE OF INDIA and must obey our duty so if all people aware of this situation and to take seriously and follow the govern- ment protocol rules and regulation without fail then it is sure be overcome this time recently. Think positive and busy with at all times is essential for our good health and safety.

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