Coimbatore: Courts across the country are closed. Aren’t people committing crimes? Aren’t human rights being violated? We hear random cases of domestic violence, rape and theft even during these times of the lockdown. But the gamut of people suffering because of this "law break" is quite huge.
Coimbatore: Courts across the country are closed. Arent people committing crimes? Arent human rights being violated? We hear random cases of domestic violence, rape and theft even during these times of the lockdown. But the gamut of people suffering because of this law break is quite huge.
Sreejaya NV, Advocate India, Solicitor England & Wales, lists out those affected and acts that will get overlooked or go unpunished due to the constraints of the lockdown.
1) Prisoners
The Coimbatore Central Prison houses close to 1,200 inmates. Nearly 200 prisoners were released on bail after the lockdown was imposed on March 25, following the directions of the Supreme Court to decongest prisons to avoid the spread of COVID-19. Accordingly, the Tamil Nadu state judiciary ordered the release of remand prisoners and those involved in theft, assault and other petty cases.
By end of March, the Tamil Nadu Prisons Department, permitted convicts and prisoners in 15 prisons across the state to make video calls to their families. This was in the place of the visitors time that was suspended. Families have been denied weekly personal interview time.
This time is very important for the mental well-being of prisoners. There are so many undertrials and those serving sentences for white-collar jobs. The assurance they get from family members gives them the strength to serve the sentence. Another important issue is that with the entry of families being stopped, the inflow of medicines has also stopped. Denying specialised medicines to those with severe health issues is going to worsen their health condition, the advocate says.
2) Juvenile delinquents
Many teenagers are aggressive by nature. They dont believe in discipline and cannot be handled by parents. They used to roam around and come home only to sleep. But now such delinquents are forced to remain home. They beat parents, harass siblings, and exhibit mild psychiatric symptoms. People living with them in the house have no escape, they are up against a wall, points out Sreejaya.
3) Senior citizens
Many retired people, senior citizens used to get respite from harassing sons-in-law and daughters-in-law for the most part of the day when they used to go to work. But the lockdown and confinement have forced these seniors to put up with ill-treatment in various forms. In most of the houses, they were staying only as unpaid baby sitters. Now, with parents staying at home, they are made to feel useless, she points out.
Another problem they face is in the form of unscrupulous children or grandchildren. Most of the senior citizens are not computer or tech-savvy. They were in the habit of going to the bank for all kinds of money transaction. But now they have to be at the mercy of the juniors in the family. In the name of helping them transact online, the children or grandchildren cheat them of their monthly pension or savings.
4) Ongoing disputes
In cases of ongoing disputes, the legal machinery cannot be activated in case of a violation. For example, if there is a dispute between brothers about constructing something in a common area, the defendant brother will carry on with the illegal work because the plaintiff brother cannot seek legal recourse.
5) Marital
Though domestic abuse cases are suspected to have increased during the times of the lockdown, there are a few others that are equally distressing. One is the trauma faced by women who are waiting for a decree of divorce to end a traumatic relationship.
Another huge problem faced by divorced women is the ceasing of the alimony or the monthly maintenance amount. Now that the courts are closed, it is a good excuse for men to not pay the maintenance amount in the court. They most often pay in court, under duress. There are very few who do an online transfer.
6) Wills
With the prevailing uncertainty, many are keen to draw up a will. A person in his senses can write a will in the presence of two witnesses. But without legal sanction, it cannot be executed. Also, there is scope for fraud.
There are many who take advice over the phone. Talking to me is a reassurance for those whose cases are pending. I try and answer all the calls during this time. However, I do not receive calls from some women who usually call. I know that they are unable to call me due to the constraints at home because of the lockdown, says Sreejaya.
Many are keeping alive hopes of the courts opening on May 4. Even then, it is going to be a long time before the logjam of cases is cleared.