Introduction

“The true source of right is duty. If we all discharge our duties, rights will not be far to seek. If leaving duties unperformed we run after rights, they will escape us like will-o’-the-wisp, the more we pursue them, the farther they fly” are the words of our ‘Father of Nation’. As stated by Gandhiji, a citizen must dispense his duty to the fullest so that he/she shall not need to run after rights. In this context, especially during the time of pandemic, where the Union government had invoked ‘The Disaster Management Act, 2005’ and ‘The Epidemic Disease Act, 1897’ to tackle the Covid-19 which eventually vested supplemental power with the ‘Executive’ and left very little space for the ‘Legislative- elected representatives’ who cannot exert any commendable pressure on Executives, if the citizens of this democracy were deprived of their Constitutional Rights, the only ray of hope is ‘Judiciary’ which is discharging its duty to the fullest, so that the rights of the citizens will not be far to seek. This essay highlights how the ‘Hon’ble Madurai Bench of Madras High Court’ played a role in harmonizing the gap between the citizens and their rights during this pandemic, and explains how it acted as a crusader of constitutional rights for the people from 13 Southern districts of State of Tamil Nadu in this challenging time. At a time when social distancing is being emphasized as the only way to slow down the spread of COVID-19, the spectre of crowded court premises continues to haunt litigants, lawyers and Judges alike, the Madurai Bench of Madras High Court adopted to the mode of e-court like several High Courts and Hon’ble Supreme Court of India, even though some of the Hon’ble Judges contracted Covid-19 and few staffs were succumbed to Covid-19, and ensuring that the citizens are not deprived of their rights at the same time ensuring that the measures to steepen the Covid-19 curve is taken effectively.

Arrival of New Normal.

While the nationwide lockdown was imposed as a combative strategy regulated by guidelines under the ‘Disaster Management Act, 2005 (DMA)’ and Covid-19 was also declared as a ‘notified disaster.’ The Union government started issuing various directives to the States. Among the list of directions, the most vital and primary direction was to invoke the ‘Epidemic Disease Act,1897’, a colonial legislation within their respective jurisdiction to effectively contain the spread of Covid-19. Hence the two legislations namely ‘Disaster Management Act, 2005 (DMA)’ and ‘Epidemic Disease Act,1897’ had put the whole nation in stall. Ironically these two legislations have imposed restriction in the functioning of the ‘Parliament of India’ itself which enacted them. Furthermore these two laws lead to the closure and restricted functioning of the ‘Judiciary’ all over the nation. But these legislations have given a supplemental power to the ‘Executives’. Hence it can be summarized that the invocation of these legislation had altered the extent of operation of the ‘Three pillars of the democracy’. i,e Legislature, Executive and Judiciary.

Over and above this scenario led to the accumulation of power with the ‘Executive’ and deprivation of power from the ‘Judiciary’ and ‘Legislature’. In the absence of the effective and full fledged function of the judiciary, we the people of India having solemnly resolved to secure Justice, Liberty, Equality and Fraternity were deprived of our various constitutional and statutory rights. Furthermore it also lead to one of the most dismayed events of this nation like the ‘Migrant Labour Crisis’ and various other events.