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Law And Pandemics Balancing Public Safety And Civil Liberties




Dr. Ashima Jain. Assistant Professor, School of Law, Manipal University Jaipur, Rajasthan


ABSTRACT


The worldwide COVID-19 pandemic has created unprecedented challenges for governments around the world, forcing them to find a delicate balance between protecting public health and maintaining civil liberties. This research paper delves into the intricate dynamics involving legal frameworks, public health strategies, and individual rights during such international health emergencies, with a specific focus on India's unique perspective. It commences by examining the diverse levels of infection rates and mortality observed across nations, underscoring the pandemic's widespread impact on a global scale. Rather than evaluating the success of India's response to COVID-19, the paper aims to extract valuable lessons for effective public management in other developmental areas.


Central to this discussion is the emerging consensus on the critical importance of civil liberties and public management during crises. The study underscores the government's central role in upholding a framework that fosters fairness, public welfare, the rights of individuals and groups, and the effective operation of democratic processes, particularly in times of public health emergencies. The paper delves into the essential necessity for open and comprehensive discussions concerning civil liberties amid global crises. It critically evaluates the restrictive measures imposed by various nations on personal freedoms during the COVID-19 pandemic, examining how these measures have adversely affected societal dynamics.


Moreover, the study emphasizes the impact of contemporary public management methods and increased engagement of community stakeholders in safeguarding civil rights. Special attention is given to the areas of social justice and misinformation, where these approaches can be particularly effective. The study also delves into the legal frameworks and policy decisions implemented during the pandemic, assessing their effectiveness in balancing public health imperatives with the protection of fundamental rights. It examines case studies of successful and controversial measures, providing insights into best practices and potential pitfalls in crisis management.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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