Almost all the sectors of the economy around the world were affected due to corona virus. Those confined in prisons were not able to reach out to courts for bail, or those who wanted to file suits found the courts closed due to lockdown. It was then that the courts decided to have hearings virtually. The chapter shall discuss how much these virtual courts have been successful in rendering justice during coronavirus. The chapter shall also try to explore if the process of rendering justice through virtual mode should continue post pandemic era also. The study shall lay emphasis upon how the criminal activities increased during the COVID-19 times and how the courts have been able to render justice in such scenarios. The chapter shall analyze the alternatives one can resort to through online mediation. The plight of migrant laborers who were left to visit their homes by foot were also denied justice. Henceforth, the research shall be based on primary data as well as secondary data available.
Top1. Introduction
It seems that nature has started taking revenge on humans for what they have done to this beautiful planet. It looks as if the return gifts are being received for the harm caused to Mother Earth. In the present times, it is not a matter of astonishment to see the various new types of diseases that are turning up and affecting humans, and what is more interesting is that nobody has a proper cure or medicine available for the kind of diseases affecting humans. We, homo sapiens, were not able to come out of COVID completely, and then yet another virus came along to affect us in a deadlier way, by the name of “monkeypox.” The article, though, will focus on the extremes suffered during COVID times, specifically with respect to the undertrials and the migrant labourers who were not provided with adequate facilities to go home. Also, it shall discuss what kind of hardships were undergone by the police officers and medical officers during Corona. The role of courts shall also be looked upon while analysing the concept of justice delivery during COVID times.
The article shall try to highlight the injustices endured by various strata of people in detail and the role of the legal system in helping curb the menace. The research paper will try to study the success and role of technology in tough times and how the online platform has benefited people. The problems related to the online system will also be discussed in detail. Further, the article shall try to explore if the online system can be continued post-pandemic as well. Should that be adopted in normal routines? Who thought a small virus would turn the whole world upside down? The systems will have to be changed because of a small virus. The things people did not even pay serious attention to would happen have actually happened, like working from home, staying inside with a complete lockdown, telemedicine, regular online classes, faculty development programs, and, to a much bigger surprise, the online justice delivery mechanism. The world was trying to adjust to the alternate dispute resolution mechanisms, and all of a sudden, nobody thought when a new system and concept of online mediation and virtual courts turned up in no time.
Moreover, this online system has been a challenging task for many people who are not very technologically sound. But slowly and gradually, all are trying to adapt to the post-COVID scenario. There is no doubt about the fact that many new things have been learned in this pandemic, but at the same time, there cannot be a denial of the fact that many people were denied the basic rights they are entitled to. This paper, through various cases and examples, will try to analyse and explore the kind of denial of access to justice that different groups of people were subjected to. It shall read about the efforts put forth by the legislative and judicial authorities to curb the hardships being faced by people. Also, the paper will highlight the approach taken at the national and international levels to tackle the situation. The researcher, through the paper, has embodied the various aspects of justice through the instances of injustice suffered by people during colonial times. The paper, through a deep analysis of various UN reports, international conventions, scholarly articles, and national laws, shall emphasise the concept of access to justice during COVID times. The author shall explore to what extent governments around the globe have been successful in rendering the fundamental right of access to justice to their citizens.
1.1. Hypothesis
The COVID pandemic led to a violation of various human rights, thereby denying access to justice to citizens. To lessen the hardship caused by COVID, technology has played a significant role in almost every sector to make things easier for the common man.
1.2. Objectives
The objective of this paper is to highlight the instances and areas in which governments are lacking and where they need to work. Further, what hardships were suffered due to COVID and what steps were taken or could have been taken by the appropriate authorities to tackle the situation? The role played by the courts in protecting the rights of undertrials and prisoners should also be analyzed.