By: Ishita Pancholi
The world is pathetically affected by COVID19 which shut down all the medical services, frameworks at the point of emergency, and how there is a big crumbled up economy that is being shattered up. So for the betterment and establishment, there is a need for a rebuilt labor competency which is right now on a stake, and a lot of unemployed workers who can’t feed their family strive through hunger. But the government is indulged between the extension of a lockdown or rather checking the spread or to evict the pandemic situation to not to give up on the economic failure.
The major issue that comes up in our judicial system is hearing of the cases as crime never stops being committed. So, if there is a stoppage to the daily operations of the courts due to COVID 19 crises it will infringe the right to access justice.
Admission to justice is considered a human privilege and it is being mentioned in our constitution. It is basically a significant feature of law and it is guidance to the smooth flow of the judicial operations. It will correspond to the people that offenses committed by the accused are being punished. This right comes from early 1215, when, Magna Carta appeared. Magna Carta makes certain subjects to the law and it ensures the fundamental opportunities to the citizens of the country.
The constitution makes certain guidelines that every citizen has their own human rights and it is being validated to a certain principle or legal way. There is a maxim that plays an important role in the concept i.e. Ubi jus ibi remedium, which states that where there is a right, there is a remedy. So, in the context of this, courts move their day to day operations to have a reasonable guarantee towards the equity. There are circumstances where the aggrieved party shows the issues about lack of awareness or high-cost aids and it is considered as non-equitable because this right is only for a privileged person.
But the reality check is that all the accused, lawyers, and witnesses have to endure a lot because there is no assurance towards the access in justice and there is no proper legal aid to the needy groups due to downfall in the economy. The income status of every individual has been affected and there is a financial hardship that is right now impossible to overcome with.
Judicial System is in the requirement of legal aids, so the government plays as a guarantee in providing all the financial operations, and legal help to the helpless people.
For a full correspondence and reasonable hearing of any autonomous court, everyone is qualified and the option to access justice is a natural right and each and every citizen can’t be removed on the basis of sacred or legal proclamation, not even in the crisis. There is an enormous effect on necessary legal assistance and certain measures taken by NALSA (National Legal Service Authority) give the best arrangement for poor people as well as oppressed areas of the society. NALSA addresses the worries of poor from food to fundamental necessities to take into consideration. SLSA (State Legal Services Authorities) is in the involvement of providing every basic legal aid to the needy people.
Guidelines at Indian Outlines
People are regularly confronted with the endless issues towards the proper access to courts and it is infringing their human rights. But as far as our legal executive is concerned, operational activities of the court are still in motion during the pandemic situation. Supreme Court is taking cases suo moto which provides the guidelines about the functioning of the courts through video conferencing and it will reduce the physical appearance of the judges, advocates, court staff, and any other workforce.
According to Article 142 of the Constitution under which certain measures are taken into consideration:
- Separate High Courts conduct their proceedings which reduce the spread of coronavirus.
- There is the proper utilization of video conferencing for the legal framework on a strong base.
- Creation of a helpline where the complaint can be enrolled with their respective nature of the feed.
- No record of evidence without the assent of both the parties.
- Defendants with no entrance to the offices will be equivalent.
Guidelines at Universal Outlines
Due to the predominant conditions of the legislature, the states moved towards some advanced measures for removing the social approach and to safeguard from the pandemic. In reference to safeguarding, the apex court is concerned about the social distancing in the court premises and better be safe as much as one can.
There is a comparable emergency in the world where the spread of COVID 19 shattered the whole economy and it seems to have a permanent stay. It feels like from the past 2 to3 months things aren’t normal as previously they were but soon things will return to normal by establishing certain standards of social distancing and self-safety which is a very much important factor to get rid of COVID- 19 in the overwhelming world.
The right to access to justice states that there is no restriction on a sudden delay of all the proceedings of the court for a long span of time and the decisions taken by the apex court to fall back upon the video conferencing as an only option to proceed with the due hearings especially in criminal cases with the necessary protocols during this pandemic. COVID 19 has no ifs and/ or buts, and it harmed the nations so pathetically that certain measures are being called upon in these extreme circumstances where all the methods become obsolete and by creating strategies, proceedings of the court through video conferencing gets much easier and it might be incapable but at least there is an equivalent working operation going on. It gets over-abundance on the legal executive and there is no infringement on access to Justice.
There are multifaceted issues regarding our judicial system like improper management of judges due to this pandemic and there is a lack of awareness of the rights in the illiterate groups. Some are in the avoidance to resolve their matters in the court. The best way is to take the situation in a normal way by utilizing the technology in a very solitary manner.
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