This article has been written by Geeta Sajjanshetty, an advocate in Karnataka High Court (Kalaburagi bench). 

Introduction

The 21st century witnessed the unprecedented global lockdown with the spread of infectious coronavirus disease. India having crossed 1000 number of positive cases and more than 100 deaths, the entire nation is under lockdown for 21 number of days. The 21 days lockdown has affected every class of the society, the worst affected are the daily wagers and migrant labourers who have been left stranded with no food, no money or transportation to reach their native. All professions and professionals could be impacted with this lockdown. The entire situation being volatile, uncertain and complex, we may have to rethink, redesign and reset our personal and professional life; this is a challenge. The work scenario is set to change for the lawyers, we may have to rethink our role post COVID-19. This article explores the impact COVID-19 may have on the litigation practise of lawyers in courts. What could be the changes, the emerging trend of cases and the challenges for lawyers. 

Arrival of virtual Courts

The summer vacations for most of the High Courts as well as district court were still far away and the pandemic of coronavirus hit the nation, the SC on 16.3.2020 declared that in order to protect the health and safety of litigants, visitors, lawyers, judges, court staff, media professionals etc., the courts will restrict hearing only extremely urgent matters, thus resulting in closure of courts for rest of the cases. After this, many High Courts including the Karnataka HC came up with circulars for hearing matters digitally. This marked the entry of virtual courts, this is a turning point as many lawyers presumed that e-courts and virtual hearing would take many years for the judiciary to convert itself into virtual avatar. The judiciary has promptly adapted to this novel method of hearing cases online with the outbreak of the pandemic. However, when it comes to technology, many lawyers may have to get themselves updated about the online appearance. The experts, government offices and doctors being of the opinion that the pandemic may continue its spread, the social distancing is here to stay. It is time for lawyers of all kinds to get abreast with the use of computers and the internet and get going online before it’s too late. 

Technology is here to stay

The Supreme Court with three judges bench comprising the Chief Justice of India Shri S.A. Bobde, Justice D.Y. Chandrachud and Justice L. Nageshwara Rao by its order dated 6.4.2020 has issued guidelines for video conferencing for all courts across the country. Due to public health concerns, to prevent the spread of virus and to maintain social distancing, the conventional mode of conducting Courts has been deferred for the time being. The directions and guidelines have been issued under Article 142 of the Constitution of India doing complete justice across the country and to prevent access to justice from getting frustrated.

The Supreme Courts has approved all steps taken by the High Courts to reduce the physical presence of the lawyers, litigants, visitors, students, media professionals etc., from the precincts of the Courts. 

• All Courts have been directed to ensure functioning of the Courts through video conferencing facilities. With the prevailing public health scenario in their respective states, each of the High Courts have been asked to decide the modalities to temporarily shift to video conferencing technologies. 
• To ensure availability of a helpline to address technical errors/glitches that may arise during the hearings. The district Courts have to follow the mode of video conferencing set up by their respective High Court.
• Noting the fact that not all litigants or all lawyers will be equipped to participate in video conferencing, under such circumstances the guidelines provide that the Courts will have to make such facilities available and if necessary in appropriate cases the Courts may consider appointing an amicus curiae. 
• The guidelines are envisaged primarily for arguments, however, for conducting evidence such facility can be availed provided both parties have given consent for recording evidence by way of video conferencing. For recording evidence in a courtroom, the social distancing norm has to be observed.
• The said guidelines specify that the Courts will have to restrict the number of litigants that may enter into the courtroom. Care must be taken not to prevent any litigant from entering inside the court hall unless s/he is suffering from any infectious diseases.

Litigations that may emerge post COVID-19

Employment cases 

The Ministry of Labour and Employment, Government of India has come up with an advisory dated 20.3.2020, requested for coordinated efforts to combat COVID-19, directed the public and private employers not to terminate the services of their employees with special emphasis for the contractual/ temporary/ casual labour. To consider the non-deduction of wages for the period the employees are unable to work in view of the pandemic. This advisory could be challenged by the employers, establishments, companies etc. The employees/workers/staff whose services may be terminated/laid off could approach the Court seeking shelter of the advisory. Payments of wages, salaries, remunerations will take a hit as companies, employers, institutions and industries may delay, reduce or refuse the payment. Employees/staff may challenge any transfer order on the ground that the place of transfer is a prone COVID-19 zone.

Rent Control cases

There has been an oral request by the Chief Minister of Delhi to the landlords not to insist on rent for 2-3 months. It has been reported in many parts of the country that doctors, nurses and other health care professionals reportedly have been asked to vacate their rented premises for the fear of contracting the disease. The Government of Karnataka has asked the local officials to initiate action against such landlords as it amounts to obstructing a govt official from doing his duty. The Ministry of Home Affairs by its order dated 29th March 2020 has asked the owners of the rented properties where migrant workers stayed were asked not to demand rent for a period of one month, and has also directed to take actions if any landlord is harassing students/labourers to vacate the premises. The multiplexes Association of India is seeking exemption from paying rent for their leased properties in view of a complete crash of their business. Similar exemptions may be sought by big showrooms in malls, residents of metro cities where rents are usually very high etc.

Breach of contract

Contractual obligations which could not have been fulfilled because of the pandemic, the aggrieved party may reach courts for seeking damages or seek advice for renegotiation, terminating or rescinding the contract. There will be business enterprises, companies, industries which may suffer huge losses, may seek redressal through arbitration or invoke court procedures.

Passport related disputes

With closure of airports, there is no transportation for people travelling abroad, under such circumstances the delay in issue of passports, vias or renewal of passports on time may prompt people to seek damages.  

Lockdown trials

It has been reported from many parts of the country that police have filed cases for breaching the lockdown, cases filed against people who have breached quarantine period. Blockage of entry points into Karnataka to prevent spread of coronavirus resulted in denying access to Mangalore city for accessing medical care from Kerala’s Kasaragod district, this led to inter-state dispute filed at the Supreme Court. Tort cases may be filed against people involved in exposing others to the virus. Actions are being initiated against people involved in the spread of fake news.

Consumer cases

It is anticipated that there may be cases filed against pharma companies/doctors/health care professionals who have assured fake remedies for coronavirus. Cases may be filed against manufacturers of sanitizers and masks for increasing their prices post COVID-19. There could be issues of refund from travel agencies, hotels, airlines. cancellation of entertainment events etc.

Domestic violence

Across the nations, there is a surge in issues pertaining to domestic violence with global lockdown; India’s story may not be very different as domestic violence topped the chart of crimes against women as per the National Crime Record Bureau data for 2018.

There will be several other potential issues relating to housing loans, bank loans, student loans, waiver of interest, insurance claims etc. 

Conclusion

The litigants and lawyers across the Country are all reeling under the impact of COVID-19 with postponement of cases, with no new client for many lawyers, no income, it is indeed a difficult time for all of us. However, being optimistic is the need of the hour and circumstances certainly are going to change, we need to gear ourselves and arm ourselves with the solutions for the upcoming cases as COVID-19 has opened the pandora box for litigating lawyers.

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