The New Normal and Legal Rights: Post COVID-19

Introduction: 

No need to explain how deadly & contagious, the novel coronavirus is. No visible symptoms in 80% of cases.^[1] A proper and effective vaccine is only hoped for this. There are also recovered people who have shared their experience with living with corona. But, Unfortunately, some people had to leave the world also. The vaccine is expected to avail after 6 months, also 1-2 months for production, that means, 8 months approx. People are they are waiting to explore, till then recalling their moments before lockdown. Lockdown might be remove after some time, but life will not be back to normal.

People are managing things in the way of “work from home”, “study from home” by online means. What about those people whose stomach depended on their hands? The migrant workers, what about them. We all knew the sad incident of Sambhajinagar, where a family died on a railway track. Our 123 years old, Epidemic act is lacking to regulate the state in this situation. However, necessary laws are invoke by the government. But, they are also going against the fundamental rights. The government has a responsibility to provide each citizen with a dignify life and personal liberty, but to provide the right to life, personal liberty is need to be restricted to an extent.

The government is trying their best to tackle Corona, but offenders used to come with flawless points of liberty and freedom of movement. Even the Govt. is tired of warning citizens to avoid physical distancing. Post COVID period doesn’t mean that the virus will go off, the risk is associate if we don’t restrict ourselves to home.

I can only recall ‘Survival of the fittest.’ because now humans need to adopt the new way of living a life. And so applicable for laws if they wanted to regulate the smooth functioning of the state.

In this article, we will explore through predictions of the future. The first positive case in India was found at Kerala on 30th January. Later the virus got root inland and cause huge loss of lives. Since it is a contagious disease, people starte avoiding getting involve in any mob and avoiding physical contact. I think India could recover from Corona at a higher pace, if lockdown 1.0 could introduce a month earlier.

We knew that the situation in Italy was terrible, then also Italy manage to recover further damages. Why not India then? India started lockdown before Italy, but the rules were not very concrete. Offenders used to violate every rule of lockdown. Police department tried their best to overcome such situations. The political conflicts between union and state & between the ruling party & opposition is one of the reasons for neglecting the power of viruses.

Anyhow, to preserve and improve the economy, there must be demand and supply chains and some reports say people will die more due to starvation rather than by COVID. It became necessary to start a new normal. I know it sounds strange that – How can ‘new’ be ‘normal’ in the life of people? But yes, corona has taught various lessons and that could be also helpful to implement in the post COVID timeline. The economy now is in a parlous state, and livelihoods must take precedence now.

The New Normal

1. Work from Home: This is nice for the service or corporate sector. And I think most of the firms will carry forward this idea in the new normal. It will reduce the fixed cost and shift towards variable cost. It helps in increasing the wages and salaries of employees.
   Many government offices and departments may also implement this idea. The cost of infrastructure and services will be save through this.
2. Shopping: Everyone will be wearing masks, wearing glows, and carrying a mini-bottle of sanitizer with them. The rule of physical distancing will be strictly follow. The executive will look after that no mob or crowd will form. In New Normal, people will be focus on hygiene. Most of the people will use E-payment apps to avoid money contact. Online delivery of necessary goods will help in stopping the spread of viruses. People will avoid street food and purchase healthy and essential items only.
3. Virtual life: Video conferencing sites will replace the real meeting with virtual meetings. Applications such as google meet, Microsoft teams, zoom, skype, etc will be largely use in interviews and other stuff.
4. Games: The trend of ludo is famous in all families. Most of the people spend their time with family on ludo. Indoor games such as ludo, chess, carrom, UNO, snake and ladders, etc are more focused. Same way, outdoor games are also important. ICC is looking forward to changing the rules of cricket in a way that there will be no use of saliva for ball shining. Spitting is prohibit. The venues for international matches will be fixed where there is less or no risk of COVID present. I think football has to wait because it requires physical force and contact of players. Other outdoor sports such as badminton, hockey, etc will be start keeping precautions in mind.
5. Education: I believe that the most victimized sector is education here. The ‘Study from Home’ concept is not use for some students, resulting in fewer marks. The students from rural areas are unable to access online education due to less network connectivity and electricity. Article 21A says that every child from 6 years to 14 years has the right to free education, but due to the COVID crisis, the poor cannot afford online connections and electronic gadgets. States need to provide some facilities or need to conduct physical classes (keeping in mind the risk associated with COVID).
6. Public Transportation: I think inter-state transportation services will be limited to an extent only. Buses and railways will be sanitizing. Limit to no. of people will be in a bus. People will mostly avoid it if they want to avoid the risk.

Changes in Legal Rights

First and foremost we need to understand what legal rights are. It’s Human Tendency to look into a dictionary for the meaning of a particular word. Same way, a legal right is a claim recognizedby and delimite by law for the purpose of securing it.^[2] So, all rights which are protect and guarantee by law to every citizen is a legal right. 

I think the legal rights will not be disturbed but yes they will be restricted for maintaining public order and welfare.

1. Freedom of Speech and Expression

Any action or speech could be brought into a legal suit if that is criticizing and creating hate within the people of India. Article 19(2)^[3] allows the state to impose reasonable restrictions. In the case of Anuradha Bhasin v. Union of  India^[4], SC held that the way of the shutdown of the internet shall not be a means to restrict a person’s speech and expression. But, I think the way can be permit to secure the state from the internal imbalance and causes of riots.

2. Right to Movement

In the new normal, offenders usually use this right as a shield from the action of law. But, I think there shall be many restrictions if a person wants to go to other states or abroad. Migrants shall be register and need to submit the reason to land. The religious meetings or activities can be halt for a certain period. Public places such as gardens, museums, auditoriums shall have restrictions on no. of people and time too.

3. Right to Education

I think the education minister and authorities working under it will need to provide electronic gadgets to the poor, which indeed is impossible due to less funds. They need to think of either odd/even days or any other idea.

4. Right to Vote

I think the right of voting shall remain the same and “one person, one vote.”  the concept of universal adult franchise will be carry forwarded as it is. But, The channel might change instead of EVM, the election commission might look for an online method. The poor who are not accessed to online means can vote at polling stations. There are two benefits: people will avoid social gatherings and Vote from Home. Another there shall be no tampering of EVM which will ensure safe democracy.

5. Right to Free Legal Aid

Article 39A of the Constitution states that the state will ensure free legal aid and should be deprived of it because of discrimination on grounds of economic, social, or other disabilities. I think the poor would be most affected. The crime rate these days may increase with greater pace, the poor will be affected the most. They cannot reach the doors of court due to the unavailability of public prosecutors on time. I think the state shall increase the level of employment for the post of public prosecutors or shall direct advocates for pro-bono work or any other idea to secure justice.

By exploring the above 5 changes in legal rights, there could be any other changes with respect to running seconds.

Conclusion

It is time to be more cautious and follow state orders. One should not create any catalyst for political chaos. Every citizen should understand their local limitations and restrictions. Our PM in a session says that “Jaan hai toh Jahan hai” means if there is life, then livelihood can exist. One should get misunderstood that the virus will not affect me. Virus doesn’t discriminate on citizenship, class, caste, gender, race, religion, age, wealth, etc. It enters and weakens our respiratory system.

I think GOI should not show false hopes to people representing them the packages (which only provide loans), but to implement the amount in social cause and awareness. The infrastructure or welfare funds (like Mid-day Meals, etc) should be used in the healthcare sector and for use of COVID warriors. The government needs to increase PDS and provide food to the poor at free or subsidized prices. Coming to livelihood in the post corona period, it will be tough for a few years after then all the things will start to get on track. Many anthropologists say that it is the nature’s work to heal itself from man-made activities.

The new normal will not be normal, but for survival, we need to adopt it.

STAY HOME, STAY SAFE.

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References:

^[1] Sushmi Dey, 80% positive cases show no symptoms, says govt., TOI, (Apr 21, 2020, 10:50 IST), https://timesofindia.indiatimes.com/india/80-positive-cases-show-no-or-mild-symptoms-says-govt/articleshow/75261488.cms

^[2] Legal Right, Merriam-Webster Dictionary, https://www.merriam-webster.com/dictionary/legal%20right.

^[3] Constitution of India, Article 19(2).

^[4] Anuradha Bhasin v. Union of India, 2020 SCC Online SC 25.