Is Justice Still Accessible During

the Lockdown?
In theory, yes you can seek justi ce. However, it is practi cally impossible.

On 24th March 2020, responding to the rising COVID-19 cases in India, the Indian Prime
Minister in a nationwide address announced a nationwide lockdown for 21 days. The
lockdown till 14th April 2020 is a positive step towards battling the spread of virus through
social distancing amongst 1.3 billion citizens of India. The next day, Modi in his address to
people of his constituency, Varanasi, stated that it is small price to pay for warding off the
danger posed by the rapid spread. However, in an effort to cut down economic losses; the
social cost of speedy justice has been ignored. The question arises that whether the
common man can still enforce his justiciable fundamental rights under part III of the Indian
constitution? Access to justice is equally important as provisions for justice.

The address on 24th March 2020 was accompanied by guidelines, by the Ministry of Home
Affairs, on the measures to be taken by the government authorities. Unfortunately, the
numerous High Court and Supreme Court registries were not part of the essential services
which were allowed as part of the numerous exceptions to the shutdown in the order. The
country is being majorly administered through the various Section 144, CrPC 1973 orders in
every district and the Disaster Management Act, 2005.

The Supreme Court of India on 26 th March 2019 issued a circular adopting virtual means to
adjudicate on cases involving extreme urgency. Essentially the use of the phrase ‘extreme
urgency’ is an indication of the increased threshold for a case to be heard. The recent
circular is a follow up to the steps enlisted in the said Circular dated 23rd March 2020 of the
same court. As per the procedure laid down, an advocate on record or a party can file the
petition, through the e-filing section which is a logistical nightmare. In addition to the
logistics of the technological infrastructure, the petition should be signed and scanned. The
process includes frivolous _________.

The 21 High Courts in the country have, or are in the process of, made rules regarding
virtual adjudication of the cases. For example____________.

The current situation raises two important concerns. Firstly, the system of virtual hearings
and remote adjudication of cases is based on the assumption that the parties and their
advocates appearing before the courts have the required technological infrastructure.

Secondly, the analysis of the situation created by the lockdown suggests, an emergency like
situation has been created without imposition of actual emergency under the provision of
the constitution of India.