THE NEW NORMAL AND LEGAL RIGHTS : POST COVID-19.

-AMOL THORAT

CHAPTER I
INTRODUCTION

No need to explain how deadly & contagious, the novel coronavirus is. No visible symptoms in
80% cases.1 Proper and effective vaccine is only hope 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 fed up with Lockdown 1, Lockdown 2,
Lockdown 3, Lockdown 4, Lockdown 5,... they are waiting to explore, till then recalling their
moments before lockdown. Lockdown might be removed after sometime, 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 invoked by the government. But, they are also going
against the fundamental rights. Government has a responsibility to provide each citizen a
dignified life and personal liberty, but in order to provide the right to life, personal liberty is
needed to be restricted to an extent. 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 awaring citizens to avoid physical distancing. Post Covid period doesn’t mean that the
virus will go off, risk is associated 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.

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
Mode of citation : Bluebook 19th edition.

CHAPTER II
BODY OF RESEARCH

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 rooted into land and caused huge loss of
lives. Since, it is a contagious disease, people started avoiding getting involved 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 managed to recover further damages. Why not India then? India started lockdown before
Italy, but the rules were not very concrete. Offenders used to violate each and every rule of
lockdown. Police dept. 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 - 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 wages and salaries of employees.
 Many government offices and departments may also implement this idea. Cost of
infrastructure and services will be saved 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 followed. Executive
will look after that no mob or crowd will form. In New Normal, people will be focused
on hygiene. Most of the people will use E-payment apps to avoid money contact. Online
delivery of necessity 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 to virtual meetings.
Applications such as google meet, microsoft teams, zoom, skype, etc will be largely used
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 prohibited. 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 started keeping precautions in mind.
5. Education - I believe that the most victimized sector is education here. The ‘Study from
Home’ concept is not used to for some students, resulting in less 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 covid crisis, 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 of covid).
6. Public Transportation - I think inter-state transportation services will be limited to an
extent only. Buses and railways will be sanitized. Limited no. of people will be allowed
per 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, legal right is a claim
recognized by and delimited by law for the purpose of securing it. 2 So, all rights which are
protected and guaranteed 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 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 India4, SC held that the way of shutdown of the internet shall
not be a means to restrict a person’s speech and expression. But, I think the way can be permitted
in order to secure the state from internal imbalance and causes of riots.

2. Right to movement -
In the new normal, offenders usually use this right as a shield from 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 registered and mention and need to submit reason to land. The religious meetings or activities
can be halted for a certain period of time. 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 either
odd/even days or any other idea.

4. Right to Vote -

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.
I think the right of voting shall remain same and “one person, one vote.” 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 online method. The poor who are not accessed to online
means can vote at polling stations. There are two benefits : people will avoid social gathering
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 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. Crime rate in these days can increase with greater pace, poor will
be affected the most. They cannot reach the doors of court due to unavilabilty of public
prosecutors on time. I think state shall increase level of employement for 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 of time.

CHAPTER III
CONCLUSION

It is time to be more cautious and follow state orders. One should not create any catalyst for a
political chaoses. Every citizen should undertsand their local limitations and restrictions. Our PM
in a session says that “Jaan hai toh Jahan hai” which means if there is life, then livelihood can
exist. One should get misunderstood that 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
provides loan), but to implement the amount in social cause and awareness. The infrastructure or
welfare funds (like Mid-day Meals, etc) should be used in health care sector and for use of covid
warriors. Government need to increase PDS and provide food to poor at free or subsidised prices.
Coming to livelihood in post corona period, it will be tough for few years after then all the things
will started to get on track. Many anthropologists says 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.