1. Introduction

The COVID-19 pandemic was one of the most severe crises the world had faced in the first century of the third millennium. It was declared a global pandemic, and the measures announced to tackle it have drastically altered people's day-to-day lives. These changes were necessary to beat the virus and protect health systems.[1] However, they also had unintended negative consequences. One of these consequences was the challenges faced by the Indian justice and court administration system.

It is ironic that the COVID-19 crisis in India arrived at a time when the justice system and court administration were on the cusp of a new era, with significant groundwork already laid in the area of Information and Communication Technologies (ICTs) and the internet, particularly during the last decade. The implementation of e-Governance initiatives in justice and court administration had been enhanced after the Information Technology Act, 2000 (amended 2008) came into effect. E-courts were later established in the country as a vital component of the National e-Governance Plan (NeGP) launched in 2006. [2]

However, the sudden and unexpected onslaught of the COVID-19 crisis has presented new challenges in the justice and court administration in the country, including those facing the courts in the aftermath of the lockdown.[3]

2. The Pandemic in Brief

COVID-19 is the disease caused by a coronavirus called SARS-CoV-2. WHO first learned of this new virus on 31 December 2019, following a report of a cluster of cases of so-called viral pneumonia in Wuhan, Peoples Republic of China.[4]

Thesymptoms of COVID‑19are variable but often include fever,cough, headache, fatigue,breathing difficulties,loss of smell, andloss of taste.Symptoms may begin one to fourteen daysafter exposureto the virus. At least a third of people who are infecteddo not develop noticeable symptoms.Of those who develop symptoms noticeable enough to be classified as patients, most (81%) develop mild to moderate symptoms (up to mildpneumonia), while 14% develop severe symptoms (dyspnea,hypoxia, or more than 50% lung involvement on imaging), and 5% develop critical symptoms (respiratory failure,shock, ormultiorgan dysfunction). Older people are at a higher risk of developing severe symptoms. Some people continue to experience a range of effects (long COVID) for years after infection, and damage to organs has been observed.Multi-year studies are underway to further investigate the long-term effects of the disease.[5]

The first case of COVID-19 in Asian country, that originated from China, was reported on thirty Jan 2020. The cases were reportable within the cities of Thrissur, Alappuzha and Kasargod, in the state of Kerala, among 3 Indian medical students United Nations agency had come back from Wuhan.

3. Changes in the Judicial System during the Pandemic

The spread of Coronavirus and the nationwide lockdown had prompt the Supreme Court and various High Courts to conduct judicial proceedings online.[6]

The Supreme Court detailed the measures to ensure continuity of administration of justice during the COVID-19 pandemic. IT infrastructure was installed to aid the proceedings that would take place in the virtual presence of the clients and their legal representatives.[7]

While the need of the hour required such steps to be taken, it was imperative that free and fair administration of justice was not disrupted.[8]

The e-government efforts were implemented in all of district and subordinate courts preceding to the COVID-19 issue. With the help of Information and Communication Technology and the online world, E-courts systems were created to make judging easier, clearer, and less expensive for everyone. The E-courts Services mobile app was developed in 2017, much before the COVID-19 crisis. Its important to remember that before COVID-19, there was never a hurry to use technology in Indias justice system, and the court had purposefully turned down it. However, even before COVID-19, the judiciary was split regarding the merits or propriety of using video conferencing in court proceedings, even though technology had been around for some time.[9]

4. Challenges before the Judicial System during the Pandemic

During the outbreak of COVID-19 pandemic in India many rights including the Fundamental Rights were abrogated by the central and respective state governments. In this context the judicial body of India must check all the arbitrary actions taken by the government.[10]

The COVID-19 pandemic has highlighted several instances of poorly planned lockdown measures and inaction towards migrant laborers by both central and state governments. These actions have led to compromising social, economic, and political justice.[11]

Again researches and studies over years have shown that there's a direct link between times of crisis, pandemics and violence. Emergencies exacerbate domestic violence. We know that women tend to face greater risks during emergencies, including health disasters such as pandemics. We also know that during times of economic hardship, there is an increase in violent, abusive, impulsive, compulsive, and controlling behaviour and aggression directed towards cohabiting partners and romantic partners. This has been widely studied since the time of the Great Depression, and seminal studies (such as feminist scholar Mirra Komarovskys The Unemployed Man and His Family) have evidence of the destructive effects of unemployment, lost income, and economic hardship on marital conflict, parenting quality, and child well-being.

According to one report,one out of the three women[12]globally have experienced violence over their lifetimes. Due to the lockdown, many of the victims were not able to contact the police or social workers as they were trapped at home with the abusers.

The cases of domestic violence have increased around the world during the lockdown period. InFrancereports of domestic violence have risen to 30% after the onset of lockdown.InChina,according to their reports, the offenses of domestic violence nearly doubled during the lockdown, with 90% related to the pandemic. In a recent study,UN agency for sexual and reproductive health (UNFPA)stated that if the lockdown continues for another some months the cases of domestic violence would be more than 31 million worldwide.[13]

The sudden changes in the court administration due to the not so well planned lockdowns, delayed court decisions for which many rights of the citizens were hampered, were anyway a challenge for the judicial system and on the other hand increase in the number of criminal cases during the pandemic also stood as a challenge to it.

5. Role of Judiciary during the Pandemic

The judiciary has several important roles in India, including upholding "Constitutional Morality," "Constitutionalism," and taking a "Constitutional Oath." As one of the most vital bodies in the world's largest democracy, India's judicial system has a significant responsibility in providing "Social Justice" and establishing the "Rule of Law."[14]

Article 14 of the Indian Constitution establishes the doctrine of Rule of Law and prohibits the state from taking any arbitrary action by providing protection of laws to any person. It provides that The State shall not deny to any person equality before the law or the equal protection of laws within the territory of India.[15] However, during the pandemic, the government has failed to establish Rule of Law many times, resulting in injustice to daily laborers, migrant laborers, and corruption in the ration system.

As per Article 19(1) (d), every citizen of India has the fundamental right to move freely throughout the country[16]. However, during the "Janata Curfew" and "Lockdown" period, the government has restricted this right without giving adequate time for many poor people to settle down. Additionally, the government has not provided sufficient assistance to them during this period.

Article 21 of the Indian Constitution states that no person shall be deprived of their life or personal liberty except according to procedure established by law.[17] In Maneka Gandhi v. Union of India[18], the Supreme Court interpreted the "Right to Life" to include the "Right to Life with Human Dignity." However, the dignity of human life has been compromised by the government during the pandemic.

These fundamental rights cannot be taken away arbitrarily, and it is the judiciary's responsibility to protect them. The Supreme Court and High Courts are empowered to issue directions, orders, and writs for the enforcement of fundamental and other legal rights under Article 32[19] and Article 226[20]. The judiciary must act as the guardian of fundamental rights, and Article 142(1)[21] provides the Supreme Court with the power to pass any decree or order to do complete justice.

Constitutionalism is the foundation of fundamental rights for citizens and provides the judiciary with the power of review. It is the duty of the judiciary to safeguard these rights and maintain the Rule of Law in the country.

During the recent COVID-19 pandemic, we witnessed numerous instances of migrant laborers walking home without money, food or basic necessities. This is a violation of Constitutionalism. As the guardians of the Constitution, it was the responsibility of the judiciary to oversee such tragic situations and ensure social, political and economic justice for all citizens.

6. Conclusion

An independent judiciary is crucial for protecting people's rights in a vibrant democracy. The Indian Constitution grants significant power to the judiciary to supervise the actions of the legislature and executive bodies. Article 142[22] empowers the Apex Court to ensure complete justice in any case, Article 131[23] allows the Supreme Court to take cognizance of any dispute involving legal rights, Article 32[24] empowers the Supreme Court to enforce fundamental rights, and Article 226[25] empowers High Courts to enforce fundamental and legal rights.

The judiciary has played a vital role in protecting people's rights and establishing social justice since independence. During the pandemic, the judiciary issued notices to governments for the deplorable COVID-19 situation and directed the center to issue guidelines for free testing of COVID-19. However, the judiciary could have taken decisive action earlier to guarantee all citizens' rights and uphold "Constitutionalism" above all, particularly in areas such as migrant laborers' rights, ineffective ration distribution, and corruption in the public health sector.[26]

[1] Caroline Bradbury‐Jones, The pandemic paradox: The consequences of COVID‐19 on domestic violence available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7262164/ (last visited on October 12, 2023)

[2] Jyoti Rattan and Vijay Rattan, The COVID-19 Crisis the New Challenges Before the Indian Justice and Court Administration System available at: https://iacajournal.org/articles/10.36745/ijca.391 (last visited on October 12, 2023)

[3] Supra note 2

[4] World Health Organisation available at https://www.who.int/emergencies/diseases/novel-coronavirus-2019/question-and-answers-hub/q-a-detail/coronavirus-disease-covid-19 (last visited on October 12, 2023)

[5] Covid 19 available at: https://en.wikipedia.org/wiki/COVID-19#History (last visited on October 12, 2023)

[6] Pramod Kumar Dubey Virtual Courts: A sustainable option? available at: https://www.barandbench.com/columns/virtual-courts-a-sustainable-option (last visited on October 12, 2023)

[7] Supra note 6

[8] Supra note 6

[9] Ms. Deepti Meena and Dr. Abhishek Baplawat Covid 19 And Judicial System From A Pragmatic to Modern approach available at https://www.pnrjournal.com/index.php/home/article/download/808/626/946 ( last visited on October 12, 2023)

[10] Niloy Chongdar Role of Judiciary During Pandemic in India, available at https://blog.ipleaders.in/role-judiciary-during-pandemic-india/ (last visited on October 13,2023)

[11] Supra note 10

[12] PrachiandAstutya Prakhar, Pandemic Triggers Domestic Violence available at: https://theleaflet.in/pandemic-triggers-domestic-violence/ (last visited on October 13, 2023)

[13] Supra note 12

[14] Niloy Chongdar Role of Judiciary During Pandemic in India, available at https://blog.ipleaders.in/role-judiciary-during-pandemic-india/ (last visited on October 13,2023)

[15] The Constitution of India art.14

[16] Id., art.19

[17] Id., art.21

[18] Maneka Gandhi v. Union of India, AIR 1978 SC 597

[19] The Constitution of India art.32

[20] Id., art.226

[21] Id., art.142(1)

[22] Id., art.142

[23] Id., art.131

[24] Supra note 19

[25] Supra note 25

[26]Niloy Chongdar Role of Judiciary During Pandemic in India, available at https://blog.ipleaders.in/role-judiciary-during-pandemic-india/ (last visited on October 13,2023)