Author(s): Awadhesh Kumar Pandey

Abstract: Judiciary is the custodian of rights of the citizens of a country. There is always the understanding of Separation of powers, the much-needed checks and balances and the overarching principle of Rule of Law that is ingrained into all kinds of democratic experiments. Judiciary has the specific role to interpret the law that reflects the interface of realization of principles into realities through administration of justice delivery system in India. When it comes to a socio-economic reality of 93% of workforce in a country being categorized under the informal and unorganised economy, the judicial activism that reflects the humane face of public policy assumes all the more significance. The Corona virus has not discriminated between the haves and have-nots but the impact and aftermath has been discriminatory to the vulnerable population. Marred with uncertainties in life, the workers had been toiling across the country due to mobility restrictions, lockdown measures and economic rescission. The efflux of migrants to home states and the connected sufferings of no food, no shelter and no wages coupled with non-accessibility to transportation means has been taken cognizance by the Apex Court while directing the state governments to bear the brunt of the sufferings underwent by the migrants. This scenario raises challenges on the availability, accessibility, adaptability and acceptability of the access to justice concerns of the working class. The situation of workers and their aspiration to pull on life reflects a grotesque of the sufferings borne by the workers during the lockdown period. The role played by the Apex Court becomes all the more significant and paves a way forward for interpretations in the future that touches upon the lives of the working class.

DOI: 10.22271/civillaw.2024.v4.i2a.90

Pages: 34-38 | Views: 290 | Downloads: 100

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