Citizens and commercial establishments are presently struggling to understand the implications of the coronavirus-induced lockdown on a wide variety of issues, including commercial contracts, wages, court hearings, weddings, last rites of loved ones, etc.
As a result, assistance from courts across India has been sought on a variety of issues, including decongestion of prisons, dealing with the mortal remains of a person diagnosed with coronavirus, payment of salaries, virtual hearings, moratorium on loans. Many litigants have also approached courts seeking protection under force majeure clauses so as to prevent coercive steps being taken against them by opposing parties. Thus, many writ petitions, public interest litigations, petitions and suits have been filed in high courts and the Supreme Court. In some cases, overlapping proceedings have been filed simultaneously before different courts and are being dealt with independently, resulting in the possibility of conflicting decisions. There is no foreseeable end to such litigations.
Experts have opined that coronavirus is here to stay for the near future at least. In future, the pandemic will inevitably raise legal dilemmas and legal proceedings resulting from coronavirus will only increase in the future.
Presently, the Epidemic Diseases Act, 1897, the Disaster Management Act, 2005, the Code of Criminal Procedure, 1973 and the Indian Penal Code, 1860 are providing legal backing to the lockdown measures. In addition, commercial contracts, creditors/debtors, fundamental rights of those in custody, families of persons deceased due to coronavirus are also governed by various other legislations including the Indian Contract Act, 1872, the Insolvency and Bankruptcy Code, 2016 and the Constitution of India.
-Nausher Kohli And Akash Agarwal