The guidelines issued on March 24 on the measures that the Centre and the State/Union Territory governments should take for containment of COVID-19 do not specifically suspend the functioning of judicial services, including courts. The list of exceptions to suspended services too does not include judicial or legal services. Such omission is valid because the executive cannot circumscribe the functioning of the judiciary in deference to the doctrine of separation of powers and the independence of the judiciary.
But that does not mean that the judiciary, on its own, cannot adapt itself to changing times. From March 25, the Supreme Court and the High Courts decided to hear matters involving “extreme urgency” through video-conferencing and e-filing of petitions and affidavits during the nationwide lockdown, which now stands extended till May 3.
But the limited functioning of the courts has hampered their contribution to mitigating the common man’s suffering. The Supreme Court, for instance, is yet to prioritise hearing of pending cases relating to issues such as the repeal of Jammu and Kashmir’s special status under the Constitution, electoral bonds, women’s right to worship at Sabarimala, and the Citizenship Amendment Act. The hearing of such cases would require the court to adopt technology in a big way in order to comply with the physical distancing norms. Currently, there are two virtual courts, each comprising two or three judges, even though the effective strength of the court is 33. But the court’s response to pleas for intervention by or on behalf of those in distress has not been entirely satisfactory.
This story is from the May 08, 2020 edition of FRONTLINE.
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This story is from the May 08, 2020 edition of FRONTLINE.
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How Not To Handle An Epidemic
The lockdowns were meant to buy time to put in place appropriate health measures and contain the coronavirus’ spread, but they have failed to achieve the objective and heaped immense misery on the marginalised sections of society. India is still in the exponential phase of the COVID-19 infection and community transmission is a reality that the government refuses to accept.
Tragedy on foot
As the COVID-19-induced lockdown cuts the ground beneath their feet in Tamil Nadu, thousands of migrant workers are trudging along the highway to the relative safety of their upcountry homes.
Sarpanchs as game changers
Odisha manages to keep COVID-19 well under control because of the strong participation of panchayati raj institutions and the community at the grass-roots level under the leadership of Chief Minister Naveen Patnaik.
Scapegoating China
As the COVID-19 death rate spikes and the economy tanks in the United States, Donald Trump and his advisers target China and the World Health Organisation with an eye to winning the forthcoming presidential election.
New worries
Kerala’s measured approach to the pandemic and lockdown has yielded results. But it still has to grapple with their huge economic impact on its economy, which it feels the Centre’s special financial relief package does little to alleviate.
No love lost for labour
Taking advantage of the lockdown and the inability of workers to organise protests, many State governments introduce sweeping changes to labour laws to the detriment of workers on the pretext of reviving production and boosting the economy.
Capital's Malthusian moment
In a world that needs substantial reorienting of production and distribution, Indian capital is resorting to a militant form of moribund neoliberalism to overcome its current crisis. In this pursuit of profit, it is ready and willing to throw into mortal peril millions whom it adjudicates as not worth their means—an admixture of social Darwinism born of capital’s avarice and brutalism spawned by Hindutva. .
Understanding migration
When governments and their plans are found to be blatantly wanting in addressing reverse migration, exercises such as the Ekta Parishad’s survey of migrant workers throughout India can be useful to work out creative long-lasting solutions.
Waiting for Jabalpur moment
The Supreme Court’s role in ensuring executive accountability during the ongoing lockdown leaves much to be desired. Standing in shining contrast is the record of some High Courts.
An empty package
The Modi regime, which has been unable to control the COVID-19 infection, restore economic activity and provide relief to millions exposed to starvation, trains its sights on Indian democracy, making use of the panic generated by fear and a lockdown that forecloses paths of resistance.
