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Legal Gibberish on COVID-19 Simplified!

Legal Gibberish on COVID-19 Simplified!

As we surpass the multiple lockdown phases in India with hopes to ‘flatten the curve’ of the COVID-19 outbreak, it’s time to analyze the lessons on the letter of the law, collaborative governance, and the way ahead.

Considering the velocity at which COVID-19 unraveled, rallying the world to stay at home and a complete halt to economic activity across the country, it needed an efficient legal framework to support State action. The stage was navigated through multiple (good or bad) circulars, guidelines, and state orders. As members of the legal fraternity, lawyers witnessed creative measures from the policymakers to tackle the chaos and an undying spirit of justice from the courtrooms to intrude and uphold the nature of law. While the Courts in India swiftly embraced technology, conducted hearings through video conferencing, and intervened on various COVID-19 policies. While policy framework relied on Epidemic Diseases Act, 1897(123-year-old framework), Disaster Management Act, 2005, and provisions of Indian Penal Code to enable the lockdown, the ministries at all levels and departments of labour, customs, transport, banking mirrored relief packages. It became forefront to save employment and hardships of people within their scope and purview.

Examples of collaborative governance were reflected as People, Press, and Public-Private Partnerships came together and channelized their efforts for those in need and to ensure business continuity. From Smart city initiatives tracing COVID affected areas and patients to health ministry and NGOs pursuing contributions from across the globe, set the tone for care in unison. It is commendable how public support has got us so far, and the laws and regulations, and the independence of courts have stood as pillars to support us at the need of the hour.

My journey and association to represent the law department started when we were at the helm of an unforeseen crisis. The task force at the country level was initiated when we first had restrictions setting in on our international borders. We had the example of China and HQ communicating how China was dealing with the same. A member representation from each function was part of the task force, and initial discussions involved being prepared from facility aspect with sanitizers, masks etc. We started with questions of government tracing COVID patients to prepping engineering teams with the situation. The actual use of a tabletop exercise conducted by the law department was the first step to understand the scenarios which were to be unfolded. Before we went in lockdown 1.0, our teams were equipped to handle partial and complete shutdown of facilities. We conducted meetings daily to examine the situation carefully, and to avoid any unnecessary panic and fear we kept limited communication with employees. Before HQ’s intimation of WFH directive was issued, our labs had completed a dry run of WFH. Multiple lockdowns and innumerable circulars from authorities from three states and local bodies of each city that we operate in, there were struggles and questions on best implementation. It was a real-time update with a vast expanse of issues and challenges that the Government authorities dealt with, from daily operations to specific authority orders. The tremendous support from engineering and each function made the on ground implementation of these orders possible. One of the significant challenges was to ensure business continuity during lockdowns for Pune; with Maharashtra being stringent with its local orders, we managed to get exemptions to our access premises for minimal presence with proper representation and submission to the authorities on our requirements.

And as we move towards keeping a tap on the unveiling circumstances, we expect the lawmakers to adapt an inclusive approach and mechanism to get the economy back on track. The law departments across continents, have stood by the letter of law even during the time of crisis – as a team, we went in prepared for crisis with all support from all functions and enabled business continuity the right way.

We are working round the clock to ensure we follow all Standard operating procedures issued by the Gov are implemented in all our premises and employees can be confident when they enter the premises. Enabling the vaccination drives, we now step ahead to welcome a hybrid work environment and continue to provide forward-looking support as a law department and be prepared for the times to come.

About Author

Alpa Sood

Alpa Sood is the India Attorney for Marvell Semiconductor and has a vast experience in M&A, Compliance, Policy Strategy, Employment, and Contract laws. She believes and breathes innovation to solve business challenges in her area of expertise. For her, a Counsel has a bird’s eye view and is pivotal to a successful business. In addition to her passion for Law, she is a Theatre Artist and an illustrator.