The 3rd IDIA Chhattisgarh National Essay Writing Competition 2020
In 2018, the Chhattisgarh Chapter of IDIA (based out of Hidayatullah National Law University, Raipur) set out to take the aim of IDIA one step further and reach out to students all over India for their perspective on contemporary legal issues. The team initiated this competition to not only encourage active dialogue but also to give an equal platform for the voices of students to be heard. After the resounding success of the 1st and 2nd edition of IDIA Chhattisgarh National Essay Writing Competition, that saw the participation of students from universities and institutions from across India, the IDIA Chhattisgarh Chapter is pleased to organise the 3rd edition of the IDIA Chhattisgarh National Essay Competition this year.
Role of Law in times of Covid-19
India, in the 21st century, can be looked at from a plethora of lenses but one of the most prominent ones would be through that of a pandemic. In a country where millions of people are infected by the virus, finding a new normal has become the greatest quest for humankind. Times like these require a firm legal regime that can balance that need of the people with the collective good of the country. This edition of the essay competition is an attempt to stir a discussion on how the law is playing its role in the times of Covid-19. The following are the sub-themes for the essay competition:
Sub-themes
1. Healthcare and Rights of Citizens
Post-independence, the Government of India approached the public as the right holder and itself as the duty-bound primary provider of healthcare. In the case of Bandhua Mukti Morcha v. Union of India, the Supreme Court held that the right to live with human dignity, enshrined in Article 21, derives from the directive principles of state policy and therefore includes the protection of health. In a response to Covid-19 and its repercussions on public health, the Director-General of the World Health Organisation emphasised that all countries must strike a fine balance between public health, minimising economic and social disruption, and respecting human rights. Despite the consistent efforts, the lives of millions of people are affected due to the lack of proper healthcare facilities. The participants are encouraged to discuss the problems persisting in the healthcare sector, and the ways in which they can be solved to provide better results in light of the rights that the citizens hold.
2. Technology and Privacy during times of Covid-19
Since the inception of Right to Privacy as a Fundamental Right (Justice K. S. Puttaswamy v. Union of India), a whole new discussion has arisen with respect to Privacy consideration in every legal framework. With the advent of Covid-19, there were debates around the ‘Aarogya Setu’ application and the same also reached several High Courts in the form of Petitions. The questions raised were, whether Right to Privacy was upheld when medical data was being published and distributed, were they based on malafide intentions, and if the State followed the procedure established by law. Furthermore, concerns around the Right of Dignity, in relation to sensitive information and how intermediaries handle ‘sensitive personal data or information’ under the rules of the Information Technology Act, 2003 and the Data Protection Rules, were raised. The participants are encouraged to discuss whether India has become a surveillance state and how would one interpret the laws to protect the Right to Privacy amidst the pandemic.
3. India’s Response to Covid-19: An Executive Aggrandisement?
With a pandemic that affects the livelihood of billions of people in a status quo not prepared for such a setback, the organ of the State that can bring about tangible changes to overcome this challenge is the Executive. It legally undertakes power and authority from the Government and makes necessary steps to balance the state of affairs. The elected Executive takes a series of institutional changes without holding any accountability to the opposition for the same. India, in particular, is facing a challenge for the Executive to carve a way out from legislative and judicial checks without hampering its ability to fight the pandemic effectively. While keeping the economy running as well as people safe are the highest priorities, it is also pertinent to uphold the Fundamental Rights of the people enshrined in the Constitution. The participants are encouraged to delve into the debate on whether the actions taken for public health and safety, and the betterment of the economy, are well within the limitations of the law or do they amount to Executive Aggrandisement.