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Covid and Law

The Shadow Pandemic: An upsurge in Domestic Violence
Covid and Law

The Shadow Pandemic: An upsurge in Domestic Violence

INTRODUCTION As the coronavirus spread from its point of origin in Wuhan, China, late in 2019, the United Nations in April warned about the shadow pandemic, an increase in the rates of domestic violence against women. The terminology ‘lockdown’ itself is quite confusing and makes one feel stuck. This compounded with stress may produce a higher degree of aggression by the abuser towards the victim. The behaviour not only includes  physical, sexual or psychological abuse but also include tactics such as forced child marriage. Women around the world are more likely to be offenders, partially because they are less trained and are less able to manage their lives than men. As more countries report infection in the lockdown, more domestic violence help lines and shelters across the world...
China’s Imputability for the Pandemic
Covid and Law

China’s Imputability for the Pandemic

INTRODUCTION The outburst of coronavirus has resulted in more than 5.43 million confirmed cases along with 345,000 deaths around the globe. As of May 25, 2020 there are about 139,000 confirmed cases in India. By far this is the largest infectious disease outburst in the history of mankind and all of this maps down its origin to China. China despite being the country with the largest population has less than 90,000 cases and has managed to recover almost 94% of its corona affected population. This without a doubt raises a question, if this disease was an act of god or a well planned and executed strategy? CHINA DELIBERATELY TRIED TO SPREAD THE LIFE-THREATENING VIRUS? Questions raised on the Bio-Lab at Wuhan- China’s tweet on the Jan 7, 2018 discussed about a bio-safety lab in W...
Litigation and Virtual Courts: Prospects and Challenges
Covid and Law

Litigation and Virtual Courts: Prospects and Challenges

Introduction COVID- 19 or Coronavirus has affected India’s productivity rate because of social distancing and lockdown rules. The functioning of the Indian Judiciary came to a halt when the government declared a nationwide lockdown on 24th March 2020.  The Judiciary was trying to figure out new means to commence the hearing and other judicial functions because it was uncertain for how long the administration of justice can be delayed. The courts had many pending cases thus it was impossible to wait for the decline of corona cases. In the wake of this pandemic, the Supreme Court of India passed a direction to all the courts in the country to colossally use video conferencing for judicial proceedings. The direction was exercised by the Supreme Court under Article 142 of the Indian Consti...
Covid 19: Impact On Employment And Labour Law
Covid and Law

Covid 19: Impact On Employment And Labour Law

Introduction Labour laws in India have a wide scope as it is not just one Act but a compilation of different Acts. Conditions of work are protected under Factories Act 1948, The Contract Labour( Regulation and Abolition) Act 1970 and Shops and Commercial Establishment Act. Wages and remunerations are given according to the guidelines in The Minimum Wages Act 1948 and Payment of Wages Act 1936. Employment security and industrial disputes are taken care under the provisions of The Industrial Dispute Act 1947 and Industrial Establishment (standing orders) Act 1946. There are other laws that give social security to the employees working in a particular organisation. Due to the pandemic, some of the States have suspended labour laws as it is in the concurrent list, giving power to the state...
COVID-19: Who Protects The Protectors?
Covid and Law

COVID-19: Who Protects The Protectors?

Introduction. Change has been the only constant thing in 2020. In December 2019, there was a cataclysmic breakout of a deadly virus called Covid-19. Covid-19 is the acronym for Coronavirus Disease of 2019. In India, a nationwide lockdown was imposed on 24th March 2020. The entire Nation was forced to be indoors but there was one community of people who kept working diligently. Healthcare workers are the real heroes of our society and their protection is of utmost importance. While the doctors and the healthcare staff are striving towards working for the betterment of human life and society, it is the responsibility of the Government to ensure their safety and their protection against any ill actions. In 2019, we saw a heart wrenching incident in West Bengal. A 75-year-old patient, ...
Quarantine Law Enforcement: An Obscure Law Brought Into Light by Covid-19
Covid and Law

Quarantine Law Enforcement: An Obscure Law Brought Into Light by Covid-19

Introduction The Novel Coronavirus, COVID-19 which was declared as a ‘Pandemic’ by the World Health Organization (WHO) in March has caused unexpected damage to human health and welfare beyond imagination. It has caused a great downfall to the World Economy, which has affected all kinds of people from rags to riches sparing nobody, quite evident that the world has come to a standstill however, the extent of the ramifications caused is still unclear. With the death toll crossing 2,70,000 worldwide and more than 1800 in India, quarantine and social distancing is the only possible way to reduce the impact. Quarantine and travel bans have been imposed. India too has taken effective measures and has subjected people to legally enforceable quarantine or self-quarantine. The Central Government...
Decriminalising: Not a Solution to Overcome Crisis
Covid and Law

Decriminalising: Not a Solution to Overcome Crisis

1. Introduction  The ongoing pandemic has left the entire world, especially the economy of every country at a standstill. Every type of economic activity is at pause but this is no excuse for a bank to stop working. Banks play a crucial role in a country's cash flow. But they too can't make cash flow with every other factor like business or trade being paused. However, it's the duty of the banks to act in the benefit of its customers. The RBI announced a three-month EMI holiday on all term loans, which means that the borrower need not repay his monthly share of loaned amount during the mentioned period. Every deal with a bank is based on numerous agreements and documents. Failure to comply with the rules of the agreement will count as an offence and lead to court proceedings. It i...
Is Federalism used only for ‘branding’ in India?
Covid and Law

Is Federalism used only for ‘branding’ in India?

1. Introduction: We all know that the Indian Constitution terms itself to be ‘Ferderalistic’ along with a few explicitly mentioned unitary features like the ones adopted during emergencies. It is then a misnomer to call India as a Federal or a "quasi federal” nation. The former is an undefined concept in our Constitution, yet it is bagged under the head ‘basic structure’, which in no way can be amended using the amendment provision[1].  2. Favoritism a backlog:  Stains of favoritism are seen when the executive head of the State inclines towards the President of India while giving his assent to state originated bills. Governors are appointed and are not elected. Such Governors mostly belong to the category of political bureaucrats who are party centered. This i...