This led the State Governments to exercise their authority under the Epidemic Diseases Act 1897, to issue additional directions. The COVID-led lockdowns forced the emergence of social distancing to be adapted as a norm to limit the spread of this deadly virus across societal borders.
Thanks to the pandemic, the economic supply chains initially stood disrupted and brought the law of the nation to the verge of a standstill. Currently, we are in the year 2022. While a majority of the global population expected the pandemic to meet its end soon, that seems to be far from the truth, with the 4th wave kicking in thereby causing a rise in COVID cases, once again.
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While India continues to adhere to provisions of the DMA 2005 or the ancient EDA 1897, these legislations seem to be in dire need of a facelift as the need of the hour is innovation and renewed explanations to address a grave 21st-century apocalypse.
It is evident that a densely populated nation like India must consider bringing into existence, a more specific and structured law that is pandemic-centric and can be uniformly exercised across its territories.
The pandemic impacted the Indian legal system, in the sense that, it opened our minds to the widespread use of technology and the Indian Judicial System did not shy away from utilizing these technological novelties for the purpose of conducting court hearings and ensuring continuity of justice to people.
So also, various law colleges across the country, almost immediately transitioned into the ‘online’ mode of teaching and learning to ensure continuity of educational development. Various law faculties have also been engaging themselves in the process of conducting virtual meets and webinars to facilitate the process of enlightening students on various legal areas.
Keeping in mind the deadly impact that this virus could have on its people, the Indian judiciary also went virtual thereby permitting lawyers and parties to proceedings to become a part of the court hearing virtually over applications such as Google Meet, Zoom, etc.
In addition, the members of the media have been given access to certain virtual court hearings conducted by the judicial bench. The statutory deadlines to file pleadings have also been extended, irrespective of the limitation period as prescribed by the law till further orders.
Judicial systems, not just in India, but across various countries of the world have actively made decisions that would ensure contact-less functioning of its machinery.
Legal firms, like any other, have also enforced ‘work from home policies to mitigate the impact of the pandemic on its workforce.
Though going virtual has become the need of the hour, one must also keep in mind that the virtual mode of life has its own challenges for the judiciary as well as the legal professionals across the globe. A few of such difficulties may include:
a. Incompetency towards the smooth operation of digital platforms and applications.
b. Uncertain connectivity.
c. Lack of affordability on part of lower strata of society.
d. Difficulties arising during the stage of recording evidence digitally.
e. Possibility of violation of privacy.
This calamitous situation could legally be categorized as ‘vis major’, known as ‘Act of God’ to the common man. However, that must not interfere with the facilitation of justice to the ones aggrieved. We must keep in mind, that though there has been an unprecedented change in almost every aspect of our lives, change is, after all, the only constant.
