ISSN: 2456-4605 (O) April 2020 NUJS Journal of Regulatory Studies Special Issue Journal of the Centre for Regulatory Studies, Governance and Public Policy Centre for Regulatory Studies, Governance and Public Policy Editor-in-Chief Dr. Shambhu Prasad Chakrabarty Head and Research Fellow Centre for Regulatory Studies, Governance and Public Policy Editor-in-Chief Dr. Shambhu Prasad Chakrabarty Research Fellow and Coordinator CRSGPP, WBNUJS Advisors Prof. (Dr.) Nirmal Kanti Chakrabarti Vice-Chancellor, WBNUJS Prof. (Dr.) N.L.Mitra Former Chancellor Prof. (Dr.) Srikrishna Deva Rao Vice Chancellor, NLUO Prof. (Dr.) Manoj Kumar Sinha Director, Indian Law Institute, New Delhi Prof. (Dr.) Rathin Bandopadhyay Head, Dept. of Law, NBU Prof. (Dr.) Thammaiah Ramakrishna I.P.R. Chair Professor, NLSIU Prof. (Dr.) Abhijit Mitra Director, Research Techno India University, West Bengal Senior Editors Prof. Abhijit Guha Senior Fellow,ICSSR Prof. Uday Shankar Associate Professor,RGSOIPL IIT Kharagpur Prof. (Dr.) Kaushik Sankar Bose Professor of Anthropology, Vidyasagar University Editors Dr. Jayanta Ghosh Research Fellow, CRSGPP, WBNUJS Dr. Santanu Panda Research Associate,CRSGPP, WBNUJS Dr.Soma Dey Sarkar Assistant Prof. Dept of Law, NBU Dr. Sangeeta Mandal Assistant Prof. Dept of Law, NBU Dr. Ana Penteado Adjunct Prof. of University of Notre Dame Dr. Samuel Andrews Professor, Addis Ababa University, Ethiopia Dr. Aswini Siwal Assistant Professor, University of Delhi Mr. Althaf Marsoof Assistant Professor,College of Business, Nangyang Technology University, Singapore Mr. Souvik Mukherjee Research Associate, CRSGPP, WBNUJS Assistant Editors Vijoy Kumar Sinha Research Assistant, CRSGPP, WBNUJS Somabha Bandopadhay Research Assistant, CRSGPP, WBNUJS Sanghamitra Baladhikari Research Assistant, CRSGPP, WBNUJS Publisher Mrs. Sikha Sen Registrar (Acting) WBNUJS NUJS JOURNAL OF REGULATORY STUDIES Journal of the Centre for Regulatory Studies, Governance and Public Policy ISSN: 2456-4605 (O) Editor-in-Chief Dr. Shambhu Prasad Chakrabarty Research Fellow and Coordinator CRSGPP, WBNUJS NUJS Journal of Regulatory Studies was first brought out in October 2016. The ISSN (O) assigned to it by the ISSN National Centre, India (National Science Library) is 2456-4605. It is being published by the Centre for Regulatory Studies, Governance and Public Policy (CRSGPP) at the West Bengal National University of Juridical Sciences, Kolkata. It is a quarterly, online, peer reviewed journal, which focuses on issues that relate to law, governance and public policy. The main motto of the journal is to publish bonafide quality articles on socio-legal matters of contemporary relevance. Papers contemplated to be published in the journal are judged not only on the basis of their structural and functional relevance but also on their ability to convince the lay reader that some path-finding work in the field regulatory studies, governance and public policy is in the offering. Comments and contributions are sought from academicians, lawyers, students and professionals. These should be sent to the Editor at the following address: Dr. Shambhu Prasad Chakrabarty West Bengal National University of Juridical Sciences, Kolkata Room No. 22, WBNUJS, 12, LB Block, Sector 3, Salt Lake City, Kolkata700098 Email: crsgpp@nujs.edu/spc@nujs.edu NUJS JOURNAL OF REGULATORY STUDIES Journal of the Centre for Regulatory Studies, Governance and Public Policy ISSN (O):2456-4605 Special Issue on COVID 19 April 2020 MESSAGE FROM THE VICE CHANCELLOR EDITOR’S NOTE Sl. No. 1. 2. 3. 4. 5. 6. 7. ARTICLES Uncertainty and Intellectual Property Rights Ana Penteado Lockdown and Beyond: Impact of COVID-19 pandemic on global employment sector with special reference to India Joystu Dutta, Ankita Mitra, Sufia Zaman and Abhijit Mitra COVID-19: Few Facts & Figures Roopali Roychowdhury, Sufia Zaman and Abhijit Mitra ‘Going Viral’ COVID 19 and Laws in the Domain of Contract and Commercial Leases Abhijeet Agarwal and Shambhu Prasad Chakrabarty Questionable Information, Discrimination and Police Brutality during COVID-19 Pandemic Souvik Mukherjee, Abhra Jena and Vikramjit Mullick The ‘Surge’ in Domestic Violence: A Gendered Study of COVID-19 Vijoy Kumar Sinha and Sanghamitra Baladhikari COVID-19 and Global Order: Issues for Global Cooperation Udayan Das Page No. 01 06 10 22 28 41 46 8. 9. 10. 11. 12. 13. 14. 15. 16. COVID-19 Lockdown phase: A boon for the River Ganga water quality along the city of Kolkata Indrani Dhar, Sujoy Biswas, Ankita Mitra, Prosenjit Pramanick and Abhijit Mitra Alteration of dissolved Zinc concentration during COVID-19 lockdown phase in coastal West Bengal Sangita Agarwal, Prosenjit Pramanick and Abhijit Mitra Impact of COVID-19 Lockdown on the Ichthyoplankton community in and around Haldia Port-cum-Industrial complex Ankita Mitra, Prosenjit Pramanick, Sufia Zaman and Abhijit Mitra Scanning the water quality of lower Gangetic delta during COVID-19 lockdown phase using Dissolved Oxygen (DO) as proxy Sondipon Chakraborty, Ankita Mitra, Prosenjit Pramanick, Sufia Zaman and Abhijit Mitra Eco-restoration of River Ganga water quality during COVID-19 lockdown period using Total Coliform (TC) as proxy Pritam Mukherjee, Prosenjit Pramanick, Sufia Zaman and Abhijit Mitra Status of brackish water phytoplankton during COVID-19 lockdown phase Nabonita Pal, Prabir Barman, Sujit Das, Sufia Zaman and Abhijit Mitra Nutrient load in the River Ganges during the COVID-19 lockdown phase: A ground zero observation Tapti Sengupta, Prosenjit Pramanick and Abhijit Mitra Decreasing trend of near surface atmospheric CO2 level in the city of Kolkata during COVID-19 lockdown phase Arpita Saha, Indra Narayan Sardar, Prosenjit Pramanick, Sufia Zaman and Abhijit Mitra Reversing the phenomenon of acidification in the River Ganges: A ground - zero observation Pallavi Dutta, Prosenjit Pramanick, Pavel Biswas, Sufia Zaman and Abhijit Mitra 53 58 64 69 75 83 87 92 97 17. Coping up with the economic conditions amidst COVID-19 Rites Goel and Tanvi Luhariwala 101 18. COVID-19: An Overview of the Preliminary Regulatory Reponses to the Pandemic in the Indian Corporate Sector Shouvik Kumar Guha 106 Message from the Vice Chancellor The people of the world are now facing an fiscal stimulates or bungled exit strategy could unprecedented pandemic posed by the coronavirus make the matter worse. Therefore the moment which is spreading rapidly throughout the globe. demands from us that we rise to the serious The coronavirus is proving to be disturbingly circumstances we are facing and fully assume our resilient. The government had to declare lockdown human, professional and academic responsibilities. and it was extended twice and will continue till May 17, 2020. Some estimates have pegged Indian -Prof. Nirmal Kanti Chakrabarti economic losses during this phase of lockdown at Vice Chancellor Rs.7/8 lakh crores. The absence of a comprehensive WBNUJS Editor’s Note Rule of Law and Covid-19 in India India is going through a very hard time. Not only arbitrarily by the protectors of democracy in the India, but the entire world is passing through a test garb of ‘saving the Realm’? called COVID 19. Perhaps, it is one which looks quite familiar to that of a modern world war. Under such testing time, we have witnessed huge challenges in uplifting the basic principles of law and most certainly, the Rule of Law. Bending of rule of law and basic legal principles as discussed earlier is not uncommon and requires further retrospection. In the backdrop of WW-II, when the Germans were in the verge of hitting the coast of England, a similar situation arose that led to There are many such instances, where human rights the famous case of Liversidge v. Anderson (1942) violation have become rampant and most likely AC 206 in the House of Lords. It was noticed that such bitter experiences are going to escalate in the instead of questing the arbitrariness and high coming days. During the World War II, in US, handedness of the people with power, under the people with Japanese descent were man-handled garb of ‘protecting the Realm’ major legal and arrested without trial. Laws were made arbitrary principles post 9/11 which empowered arrest and detention for compromised. days in the US. As we can see, the brutality shown by people with the rod of office, against those without arms escalates during such time of crisis. Arbitrary decision-making power being infused by including the rule of law was Lord Atkin, in the dissenting judgement however warned about such risk over a legal system of which we all are an integral part. He reiterated, police in preventing the exercise of fundamental “amid the clash of arms, the laws are not democratic silent. They may be changed, but they speak rights by the people. Could a notification over power the basic principles of human rights and more important the constitution? In other words, can the rule of law be violated the same language in was as in peace”. He reiterated that even the governments are subject to review of their actions. As the saying goes, no one is above law, not even the king.iThe 1215 Equality, version of the great Magna Carta reiterates in accessibility to legal remedies are integral aspects of Clause 39 and 40: rule of law and under no circumstances, they should “No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his transparency, independence and be compromised. The objective of rule of law is the foundation for the development of peaceful, equitable and prosperous societies. standing in any way, nor will we proceed India needs to protect the spirit of rule of law amidst with force against him, or send others to do this COVID 19 crisis and prevent the pandemic to so, except by the lawful judgment of his overpower the principles of justice in the largest equals or by the law of the land” and “To no democracy of the world. one will we sell, to no one deny or delay right or justice.”ii We at CRSGPP are proud to present this one of a kind interdisciplinary special edition of our journal But, in practice, time and again, we have seen the which includes legal, quasi legal, technical and violation basic scientific papers focusing on the COVID 19 principles. What makes the Germans and their laws pandemic which has changed the way humans lived during the regime of Hitler no law at all as has been their life on Earth. and non-adherence to these debated in the famous Hart and Fuller debate. This tendency of bifurcating the basic tenements of law is so strong that it even affects the strongest legal minds. In a recent case dealing with data protection, in Apple v. FBIiii, where the FBI was unable to crack the apple encrypted software to access the I thank all the authors for their timely contribution. My sincere gratitude to Hon’ble Vice Chancellor sir for his continuous guidance and Dr Abhijit Mitra, Advisor of our esteemed journal for making this project a reality. iPhone recovered from a prospective terroristiv. The -Dr Shambhu Prasad Chakrabarty matter was before the Federal Court and in Head and Research Fellow ‘protecting the Realm’ the court ordered Apple to CRSGPP, WBNUJS provide technical assistance to FBI to unlock the i iPhone. Apple denied complying with the direction stating that it will allow FBI to bypass the security system in any other case. The ‘protection of the Realm’ perception was so strong that the critics feared the death of privacy rights on its hearing in the supreme court of US. However, FBI managed to crack the code and the case was withdrawn and perhaps the right to privacy was saved. Magna Carta Carolyn Harris: Magna Carta established that nobody, not even the king, was above the law of the land, available at https://nationalpost.com/opinion/carolyn-harris-magna-cartaestablished-that-nobody-not-even-the-king-was-above-thelaw-of-the-land, accessed on April 15th 2020 iii U.S. District Court for the Central District of California, Nos. 16-cm-00010 and 15-mj-00451 iv December 2015 attacks in San Bernardino, CA ii Articles Uncertainty and Intellectual Property Rights Ana Penteado In this time of uncertainty, innovation and alleviate overwhelming hospitals and health care technology have been rapidly evolving to find workers around the world. France, Israel, Ecuador, solutions for our global health care crisis. There are Chile, Germany are the policymaker's frontrunners now over one million COVID-19 cases around the enacting intellectual property legislation that allows worldi, with a persistent increase in the number of compulsory licenses on patents and even price deaths caused by a virus which has no cure. There control to avoid a tragedy of unsurmountable are at least 500 clinical trials worldwide in an active proportions in which more human lives may be investigation for new therapies and a vaccine for lost.vi Sound public policy should encourage access this virusii, but few if not only one therapy had to essential medicines or vaccines at a reasonable advanced to be approved for alleviating severe price. It is well-known that compulsory licenses do COVID-19 cases. iii not create a stimulus to find efficient therapies, but rather it may decrease the goodwill to find a The scientific community is united with the solution.vii pharmaceutic industry to find a vaccine for a lethal virus that months ago was unknown to the scientific Other elements that are pre-patent grant may be academy and the public and for which our immunity more useful, such as global clinical trials. Clinical system has no defence. Transparency on clinical trials are investigative by nature, interventional trials is crucial so that the population can be studies designed by phases to provide studies of informed on the most updated and correct potential drugs eligible for approval by regulatory information on confirmed therapies. Some say agencies.viii Clinical trials may be conducted before COVID-19 is a game-changer for compulsory the patent examination or after, but their results may licenses on drug discovery. Before the 2001 Doha affect the outcome of a patent application.ix Declarationiv, the right to use compulsory licenses The clinical trial and its evaluation may produce to export or produce locally essential medicines was variable results. A clinical trial is a costly, lengthy rarely used before.v and unpredictable process for all stakeholders. The We have seen many jurisdictions updating their risk is that the conducted studies may not produce local intellectual property legislation to cope with the outcome expected, so it is a risky project. On the other hand, clinical trials are of extreme importance the demand for novel medicine still to come to 1 NUJS Journal of Regulatory Studies Special Issue April 2020 to intellectual property rights associated with them. trials results to be approved rapidly. The nature of That is because when the clinical trial confirms a the virus does not allow any waste of time. useful drug, there is a profitable outcome. Novel COVID-19 is a lethal virus that replicates inside a drugs can be commercialized locally or worldwide host living cell in hours, leaving research and if the local authorities certify the data compiled on a development teams around the world working with registered clinical trial. In a sense, it produces an unknown sub-microscopic infectious agent that evidence in the form of data that will provide safety replicates with a fury not seen before with other for the therapy. Clinical trials then become a crucial lethal diseases as Ebola, SARS or HIV.x part of the patent framework, especially for novel drug compounds, because they validate the novelty That is where transnational intellectual property of the medication and its claimed use. Clinical trials enters to assist the quest for an efficient therapeutic are not included expressly in the patentability or an effective medicine to combat this plague. principles, though. If a clinical trial is successful, Transnational intellectual property may bring the patentability of the subject-matter is validated harmonization of intellectual property rules among by its results. Conversely, if a clinical trial does not different countries in which these research teams are result in a confirmation fora new drug, then the located so that the information can run fast. Many whole process and the research associated with the research teams have started working together invention may be a failure. remotely, which will require more collaborative communication and feedback. Thus, transnational It is a world of fierce competition; a patent research means jointly work for a solution after the application that discloses a claimed therapy, which COVID-19 genetic code became public. Generally, has not materialized is an investment lost. In a the COVID-19 research has been grouped on four nutshell, the world of pharmaceutical inventions, a basic concepts for producing vaccines candidates: global market that accrued in 2018 more than one the virus itself, viral vector, nucleic acid and trillion dollars, is risky. protein-based formulations.xi The amount of investment required for such clinical With the dissemination of COVID 19, many trials, small or large, is not set in stone, because not individuals around the globe have been exposed to all clinical trials are equal. It depends on the the virus, so an international commitment to share designed trial, on the number of patients, on the research and clinical trial results are imperative. The follow-ups and protocols designed to evaluate fact that many private and public institutions are results. That is why COVID-19 changed the rules joining efforts around the world is remarkable. A for drugs discovery and intellectual property rules to brief analysis of the regions racing on Research and a fast-pacing and global effort to speed up clinical 2 NUJS Journal of Regulatory Studies Special Issue April 2020 Development may indicate that North America, goods. Any novel drug in the marketplace, China, Europe and Australia are leading the race to particularly in the case of COVID-19 is beneficial find vaccines. Upon more detailed study, the for the whole population in the planet to be transnationality of research teams is verifiable, for inoculated and achieve one of the established instance, principles of intellectual property – to disclose the an Indian manufacturer in full invention for the public. collaboration with an American research team may have the capacity to mass-produce a successful In the case of COVID-19, a virus that kills the host vaccine in a short period of time.xii rapidly, it is of extreme importance that a vaccine The public at large hopes that this opportunity to would be discovered in the short term to halt an collaborate and produce a vaccine to save lives will increase in the number of deaths. For that matter, avoid practicing prohibitive prices or restrict the versatility of intellectual property protection on availability for poor and developing countries. arranging licenses for free dissemination of There is hope that having a rich sample of scientific volunteers around the world, one of the most knowledge. This knowledge can be shared among extensive clinical trials ever conceived in our times, researchers to be useful on technology and to will be a game-changer. The pharmaceutical inform the public. Our human ingenuity can find industry, health institutes and universities are solutions, but the population must be informed of working in various research projects unite for a the benefits of receiving a vaccine for this malaise. viable vaccine instead of racing against each other It has been estimated that over 500 clinical trials are to reach out to be granted a patent. That spirit of active for finding a cure for COVID-19, in which union in the scientific community allied with private the Solidarity Trial is worth a mention.xiiiThe World biotechnology and pharmaceutical companies is an Health Organisation has created the Solidarity Trial, answer to the humanitarian crisis we are currently which is a non-bureaucratic clinical trial that aims living in. to speed up registration and certification of clinical information is crucial for sharing trial results. For private global companies, research institutes and universities globally to unite their efforts to find The Solidarity Trial is sponsored by the World a solution for a pandemic that has killed more than Health Organisation, with a clear and fast procedure 244K worldwide, the virus represents an excellent for hospitals, in which most of the COVID-19 opportunity to revisit the meaning of collaboration. severe patients are admitted for care and be Joint research means spreading the costs among all monitored for clinical trials after enrolling in the stakeholders .Intellectual property rights have also program with no bureaucracy attached. This an impact on the control of prices for exported initiative demonstrates that less paperwork for 3 NUJS Journal of Regulatory Studies Special Issue April 2020 researchers and healthcare professionals on iii See, U.S. National Library of Medicine, Clinical Trials, Adaptive COVID-19 Treatment Trial (ACTT), available at . See, National Institutes of Allergies and Infectious Diseases, NIH Clinical Trial shows REMDESIVIR accelerates recovery from advanced COVID -19, available at . See also Daniel O’Day, An Open Letter from our Chairman and CEO dated 29th April 2020 available at iv See, World Trade Organisation, The Doha Declaration explained, available at v Compulsory licenses prior to Doha Declaration were connected to the HIV virus pandemic and the exorbitant prices practised by the developed countries pharmaceutical companies. In 1983, Brazil has its first diagnosed HIV case, from there the mortality increased exponentially because of restrict access to extensive drugs produced in the North hemisphere. Compulsory licenses to produce local medication that would be accessible to the large population was implemented by the Brazilian government, which influenced other developing countries to follow suit. See, , A Nunn, E. da Fonseca, and S. Gruskin, U.S. National Library of Medicine Institute of Health, Changing Global Essential Medicines norms to improve access to AIDS treatment: Lessons from Brazil, available at See, also the World Trade Organization, DS 199, Brazil Measures Affecting Patent Protection, available at vi See, The World Trade Mark Review, The key covid-19 compulsory licensing development so far, Adam Houldsworth, available at vii When the Brazilian government of Fernando Henrique Cardoso and the Minister of Health Jose Serra changed the Brazilian patent law in 1996, the United States commenced a procedure against Brazil in the World Trade Organisation arguing the illegality of the AIDS program and the production of generic drugs to save lives. The strategy backfired in the public opinion worldwide, which brought light to the economic power of patent protection. Patents were on the bad side of the public policy, particularly on public health for developing countries with no access to essential medicines. See, A. Nunn, E. da Fonseca and S. Gruskin,US National Library of Medicine National Institute of Health, Changing Global essential medicines norms to improve access to AIDS treatment: Lessons from Brazil, available at (for an account of the political struggle to bring control price on AIDS medicine which was contested by the United States in a trade dispute against Brazil at the World Trade collecting consistent evidence will generate efficient treatment faster for all.xiv Intellectual property can be of great help to halt this lethal virus. We are sharing information using free publications, shared data, allowing compassionate use requests, which are not elements of what the established principle of patent monopoly is xv understood. Compulsory licenses were used as the last resort for diseases such as the HIV that decimated lives in the 1980s until antiretroviral treatment was developed. Litigation for intellectual property rights does not reach a benefit for the population at large, but it demonstrates the antagonism of humanitarian values and principles. We have high hope that this time of COVID-19 it will be different with the help of a robust and innovative transnational intellectual property system. Ana Penteado is an Adjunct Associate Professor at The University of Notre Dame, Australia. i For recent number of confirmed deaths which are updated daily. See, The World Health Organisation, Coronavirus disease (COVID-19) Pandemic, available at ii This data is changing rapidly. See, TranspariMed, Working to End Evidence Distortion in Medicine, All COVID-19 Trials Clinical Trails See, the World Health Organization, “Solidarity” Clinical Trial for COIVD-19 Treatments, available at https://www.who.int/emergencies/diseases/novelcoronavirus-2019/global-research-on-novel-coronavirus-2019ncov/solidarity-clinical-trial-for-covid-19-treatments 4 NUJS Journal of Regulatory Studies Special Issue April 2020 Organisation and other economic sanctions against developing countries using generic AIDS medicine). viii See, U.S National Library of Medicine, ClinicalTrials, Glossary of Common Site Terms, available at . See also, The World Health Organisation, Clinical Trials, available at ix See,Thorsten Baush, Kluwer Patent Blog, The Dilemma with Clinical Trials and Patent Law, available at x See, Marne C. Hagemeijer, Monique H. Verheije, Mustafa Ulasli, Indra A. Shaltiël, Lisa A. de Vries, FulvioReggiori, Peter J.M. Rottier, Cornelis A.M. de Haan, American Society for Microbiology, Journal of Virology, Dynamics of Coronavirus Replication-Transcription Complexes, available at xi See, Ewen Callaway, Nature, The Race for coronavirus vaccines: a graphical guide, available at xii See, Ewen Callaway, Nature, The Race for coronavirus vaccines: a graphical guide, available at . xiii See, The World Health Organisation, “Solidarity” Clinical Trial for Covid-19 treatments, available at xiv See, The World Health Organisation, “Solidarity” Clinical Trial for Covid-19 treatments, available at xv See, Gilead Sciences Update on the Company’s Ongoing Response to COVID-19, available at 5 NUJS Journal of Regulatory Studies Special Issue April 2020 Lockdown and Beyond: Impact of COVID-19 pandemic on global employment sector with special reference to India Joystu Dutta, Ankita Mitra, Sufia Zaman and Abhijit Mitra COVID 19: Facts and Figures on Death and lockdown as the only relevant prescription to Infection combat the virus spread among the civilians. COVID-19 or 2019-nCoV, the novel Coronavirus However, the countrywide lockdown though is the looms over the planet Earth as an imminent threat to only safety measure to be adopted without question mankind. It is a global public health emergency and at the moment, but the effects for a developing a pandemic, economy such as India is intimidating. as declared by World Health Organization. Until April 10, 2020; as we write this article, more than 1,615, 046 people have been Picture of Lockdown: Indian Scenario infected by this deadly virus with over 96,791 India’s occupational structure and poverty is not deaths and 362,538 recoveries and the figures are well equipped with the luxury of complete self- accelerating worldwide. isolation or social distancing or lockdown at the moment. It is not a choice of lives on one hand and Lockdown: Prevention better than cure is the economic production on another; it is a question of philosophy behind lives versus lives. As nation’s economy is sinking Experts have suggested complete lockdown as the and only measure to stop the exponential infectivity unorganized sectors are going haywire with rates of the virus. Subsequently, on March 24, 2020, International Labor Organization (ILO) predicting the Government of India ordered a nationwide the loss of more than 40 crore of jobs in India alone lockdown for 21 days as a preventive measure and more than 200 crore job loss globally. During against the spread of virus among more than 1.34 the Great Depression which began in 1929, GDP billion population of the subcontinent. This plunged 50% from $105 billion in 1929 to lockdown or complete safety restrictions imposed $57billion in 1932. One reason for GDP drop was by the state ensure all services to close doors except deflation between 1929 and 1932 and average level emergency services such as drinking water, of prices fell 30%. Nobody can predict the electricity, fire, economic contraction to be caused by COVID-19 telecommunications, pharmacy, internet and other and its’ rippling effects on global employment administrative sectors that have direct impact on sectors. Goldman Sachs predicted COVID-19 sustenance of public life. This is in line with would cut US GDP by 34% in the second quarter of countries 2020 and by 6.2% for all of 2020, according to medical, facing the police, pandemic and finding employments in both organized and 6 NUJS Journal of Regulatory Studies Special Issue April 2020 CNBC. Morningstar constructed several scenarios socio-economic-political strata of the vast nation. and its base case envisioned a 5% decline in 2020 Viral outbreak has already exposed countless poor US GDP- roughly in the middle of its optimistic and households (majorly in the urban peripheries and pessimistic scenarios. Morningstar expects global rural setups) to vulnerabilities of mortality and GDP to decline 1.4% in 2020 akin to what morbidity under the mercy of primary healthcare happened in 2008 recession and a big change from systems which neither have neither the manpower the global growth it had predicted for 2020. As per nor the expertise to combat a pandemic to the Mark Zandi, Moody’s Chief economist, Wall Street monstrosity of COVID-19. Adding to it is the lack Journal, April 5, 2020, ‘This is a natural disaster. of income and fear of employment loss giving ways There’s nothing in the Great Depression that is to terrible food insecurity. analogous to what we’re experiencing now.’ The published by Periodic Labour Force Survey paints a Great Depression caused exceptionally high levels gloomy picture. Over 2017-18 FY, about 52% of of joblessness. Between 1928 and 1932, the rural households earned their bread through self- unemployment rate soared from 3.2% to 24.9%- the employment opportunities. Casual labor accounts highest rate in the history of USA. By April 2, for 25% of rural households while regular wage 2020, US jobless claims in the previous two weeks earners accounted for 12.7%. The urban picture have totaled nearly 10 million. demonstrates 32.4%, 11.8% and 41.4% figures for According to (Ray, et al., 2020), the Indian the above three parameters. We are reminded in our experience highlights, in a visceral way, both the rural development lectures that urban poverty is Scylla of widespread viral infection and the more dangerous than rural poverty and India’s Charybdis of socio-economic lockdown. India’s current lockdown phase combined with COVID-19 occupational structure is so diverse, and the base of threats reclaims this fact. One thing that has to be the pyramid is so broad that it crumbles under the admitted is that Government of India did institute a overwhelming population of fellow citizens below nationwide lockdown fairly early in the cycle, when the poverty line. A comprehensive strategy of the reported cases and casualty numbers were nationwide be relatively low and we were standing in the midway accompanied with comprehensive State support for of Stage 2 of community infection. However, the compensating welfare measures aimed at protecting disastrous picture of millions of migrant workers the health, nutrition and psychological well-being of panicking and rushing to their hometowns defying all households across the length and breadth of the lockdown claimed lives too as shelter-less people country. This is undoubtedly a humongous job and walked down hundreds of kms with no food and impossible for any government across the globe water. These out-of-job workers along with or taking into account the whopping population of 1.34 preceding the lockdown announcement lacking any billion spanning over different geographies and relief package would constitute a huge population in lockdown therefore must The latest report 7 NUJS Journal of Regulatory Studies Special Issue April 2020 the nation’s unemployment graphs. It is a Catch 22 to door screening and provide them PPE as and situation for the government. If it lifts the lockdown when required. on April 14, we are certain to face a pandemic As per global estimates, the worst affected sectors explosion with figures touching thousands and lakhs of global economic distress and COVID-19 impacts leading to complete collapse of healthcare systems would include food and accommodation (144 as happened in USA and European countries, if not million workers), retail and wholesale (482 million); worse. On the other hand, extending the lockdown business services and administration (157 million) would call for a great economic depression and and manufacturing (463 million) together adding massive unemployment scenario with job losses and up-to 37.5% of global employment and this is where job cuts both in organized as well as unorganized the ‘sharp end’ of the impact of the pandemic is sectors. In absence of comprehensive testing being felt now. India shows no difference and the procedures for whooping population, countrywide scenario would far exceed the financial crisis and lockdown or absence of it won’t be faithful in unemployment waves of 2008-2009. Workers and stopping the pandemic with silent increase in the businesses alike would face urgent catastrophe in number of asymptomatic carriers in population. absence of any alternative economic package and This would make the battle longer and draining; oxygen from respective governments, already socially, emotionally and of course economically. crumbling under the ongoing stress of COVID-19. However, frontline workers must be kept safe and protected with medical professionals, healthcare Solution in hand The pinpointed drug to prevent workers, supporting staffs and allied sectors COVID-19 coronavirus is yet to see the light of accuracy. Rapid combatting head on with COVID-19 crisis. testing procedures in identified hotspots across the We make and break governments. This is not a time country along with state-imposed isolation and to either socialize or politicize. We need to play our quarantine in state sponsored establishments while own safe roles while supporting our co-civilians sealing the hotspot areas from rest of the country with basic supports like food, drinking water and might bring a feasible alternative solution. Also medical door to door screening needs to be done with the geographical boundaries, no caste, creed, color or support of unemployed local youths and healthcare religion. It knows no economic or political strata or professionals. This would not only make testing social boundaries but impacts everyone on this procedures loyal and free from local troubles but planet. Therefore, we must combat this crisis also Local together and play our individual leadership roles in administration can play a key role in identifying the guiding communities not only in this crucial public unemployed and eager youths in the process of door health emergency situation but also in coming out ensure community cooperation. attention. COVID-19 knows no of the closet of economic depressions. 8 NUJS Journal of Regulatory Studies Special Issue April 2020 Joystu Dutta is a Research Scholar at Department of Oceanography, Techno India University, West Bengal. Ankita Mitra is a PhD Scholar at Department of Evolutionary Biology, University of Haifa, Israel. Sufia Zaman is the Associate Professor and Head of the Dept. of Oceanography, Techno India University, West Bengal. Abhijit Mitra is the Associate Professor and former Head of the Dept. of Marine Science, University of Calcutta. References: Ray, D., Subramanian, S. and Vandewalle, L. (2020). India’s lockdown. Policy Insight No. 102. Centre for Economic Policy Research (CEPR). Weblinks: https://news.un.org/en/story/2020 https://www.who.int/emergencies/diseases/novelcoronavirus-2019/global-research-on-novelcoronavirus-2019-ncov https://www.thelancet.com/coronavirus?dgcid=kr_p op-up_tlcoronavirus20 https://mohfw.gov.in/ 9 NUJS Journal of Regulatory Studies Special Issue April 2020 COVID-19: Few Facts & Figures Roopali Roychowdhury, Sufia Zaman and Abhijit Mitra SARS-CoV-2 (Fig. 1a & 1b.) by the International Abstract Committee Human civilization is under the dark shadow of on Taxonomy of Viruses (ICTV)(Gorbalenya et al., 2020). COVID-19 coronavirus which is a unique virus. The nucleus of this disease is supposed to originate in the Wuhan province of China from where the disease started to take a grip across the nations. The present paper highlights some facts and figures on COVID-19 along with a list of drugs that may serve as a lifeline in the present situation. Some home remedial measures have also been highlighted in the paper synchronizing with the concept Fig. 1a. Novel Coronavirus SARS-CoV-2 “PREVENTION IS BETTER THAN CURE”. Keywords: COVID-19, Remedies, Prevention Disease, Coronavirus, Introduction Novel Coronavirus disease (COVID-19) is an infectious disease which is caused by a new virus (Lu H et al., 2020). This disease had first shown its emergence in the city of Wuhan, Hubei Provincein the Mainland China in early December 2019, and was hence known as Novel coronavirus disease nCoV (COVID-19) caused by the novel lineage B Fig. 1b. 3D structure of SARS-CoV-2 beta Acute Source: https://www.certest.es/news/certestSource: https://www.gatan.com Respiratory Syndrome Coronavirus 2 (SARS-CoV- Starting from Wuhan, the viral infection has spread 2) having a series of atypical pneumonia cases. rapidly worldwide, leaving almost no country Initially, tentatively named 2019 novel Coronavirus untouched (LiQ et al., 2020; Chen et al., 2020; (2019-nCoV), the virus has now been named Huang et al., 2020; Wang C et al., 2020; Holshue et coronavirus known as Severe 10 NUJS Journal of Regulatory Studies Special Issue April 2020 al., 2020). Fig. 2 represents the major areas in China the flu) with preliminary symptoms of cough, fever, with positive cases of the COVID-19 virus during and in severe cases, difficulty in breathing. Early the outbreak (as of 28th January). studies have documented a possible link between fish and animal market to be a leading cause towards most of the possible coronavirus infection from animal to humans, but human to human infection of SARS-CoV-2 is mainly spread through contact and droplet transmission (Gorbalenya et al., 2020; Wang C et al., 2020; Carlos et al., 2020). The clinical spectrum of COVID-19 ranged from asymptomatic or mild respiratory infection to uncontrollable pneumonia with acute respiratory distress syndrome or multiorgan failure, which is fatal (Guan et al., 2020; Huang et al., 2020; Wang C et al., 2020). Most patients infected with SARSCoV-2 exhibited symptoms of fever, cough, myalgia, fatigue and shortness of breath (Young et al., 2020). Coronavirus disease spreads primarily through contact with an infected person when they Fig. 2. Emergence of Coronavirus in China, with the number of positive cases cough or sneeze, where, water droplets are the mode Source: China National Health Commission, BBC Research 28 Jan 2020 of transmission. It can further spread through As of April 8th, 2020, 2019-nCoV has resulted in contact of a person with a virus contaminated more than 1.4 million confirmed cases and over surface or object and touching their eyes, nose, or 86,000 deaths worldwide, affecting more than 209 mouth. Wang D et al. have reported 41% of patients countries/regions global showing hospital related transmission of the virus pandemic (WHO). After February 26th the epidemic (Wang D et al., 2020). Some of the researches have disease COVID-19, has crossed international also pin-pointed that asymptomatic carriers have boundaries, and severely affected countries like US also contributed immensely towards growing (430k), Spain (150k), Italy (140k), Germany (110k), infection ratio globally (Zhaoetal.,2020; Biscayart et France (82k), Iran (67k), and UK(60k) (https:// al., 2020). www.who.int,https://www.worldometers.info/coron Since the outbreak of this disease in the city of avirus/) and many more, surpassing the number of Wuhan, it has grown exponentially, due to which it affected persons compared to that of Mainland was classified as a pandemic by the World Health China. The disease causes respiratory illness (like Organization (WHO) on March 11, 2020. In and has become a 11 NUJS Journal of Regulatory Studies Special Issue April 2020 addition to the number of patients affected, the development. Minal Dakhave Bhosale and her team, increasing death toll among patients, has raised from Mylab, prepared the coronavirus testing kit concerns regarding infection transmission from called Patho Detect, in just six weeks. This test can patients tested positive for the disease, to the effectively diagnose, whether a patient is COVID- healthcare workers (HCWs) and the medical 19 positive or negative in two and a half hours, fraternity, towards the best known practices for while the imported testing kits take almost six-seven personal protective equipment (PPE) use in a hours. Mylab laboratories have been registered as resource and information constrained environment the first Indian company to have the validation for (Workman et al., 2020). its Covid-19 diagnostic test kits, also known as the The possibility of a person being infected by SARS- Reverse Transcription Polymerase Chain Reaction CoV-2 can be confirmed with laboratory-based (RT-PCR) tests by the Drug Controller of India, testing methods for possible accurate diagnosis. after validation from the National Institute of Thus, testing for SARS-CoV-2 RNA has become Virology. the standard protocol for COVID-19 diagnosis (Li Materials and Methods Q et al.,2020). In India the disease has spread This is a first order analysis on COVID-19 collected rapidly in the majority of the states, which have from the research contributions of various workers, quite a few patients who have a past history of whose details are highlighted in the reference travel to virus infected countries. In addition to this, section. The authors have attempted to collect due to multiple mode of transmissions, the number secondary data and stitch them in a systematic of COVID-19 patients is increasing at an alarming manner to present a comprehensive view of this rate. However, proper testing for COVID-19 disease, whose remedy is yet to be discovered. infection is essential to rule out the common cold Results and Discussion and flu symptoms, before treatment. Quite a number COVID-19 is spread through transmission, i.e. from of false negative results have been reported earlier, people to people. A small droplet from the nose or according to Li et al. which has resulted in a failure mouth of a person with COVID-19 can affect to Being millions together in contact. The unaffected person unchecked, this has largely contributed towards becomes prone to this disease by personal contact or viral transmission locally (Li Z et al.,2020). In by contact through contaminated surfaces including India, reports of coronavirus infection started paper, cardboard, steel, glass, wood, etc. In other showing up at a fast pace and due to unavailability words, it is highly contagious and can cause life and insufficiency of test kit, it was criticized for not threats if unattended. COVID-19 is a virus, and testing at the prescribed rates. Finally, on March 18 hence the antibody treatment is not feasible or the first COVID-19 testing kit was developed by a sufficient in this case. Being a novel strain, the Pune-based diagnostic firm Mylab's research and success in finding out a possible treatment is still quarantine the infected persons. 12 NUJS Journal of Regulatory Studies Special Issue April 2020 keeping the scientists and medical practitioners on their toes. The most effective ways to protect the body are, frequently washing hands with soap and water (preferably for 20 seconds), cover the cough with the bend of the elbow or tissue, and to maintain a distance of at least 1 meter (3 feet) from people who are coughing or sneezing or wear a protective mask covering nose and mouth. According to WHO, above 209 Countries and Territories around Fig. 4. Coronavirus cases, recoveries and deaths, worldwide the world have reported more than 1.4 million Source: John Hopkins University, 8th April 2020 confirmed cases of the coronavirus COVID-19 that had originated from Wuhan, China, and a death toll of over 86,000 as of April 8th, 2020. A comparative Scientists worldwide are trying to take the initiative graph is represented in Fig. 3 which shows the rise in pioneering a medication and/ or a vaccine, and in the number of new cases in each day. Fig. 4 possible medication strategy, for this pandemic represents the total number of Coronavirus cases, disease. On this track the U.S. has come up with 3 recoveries and deaths, worldwide (updated 8th April types of vaccines for coronavirus (Table 1). Table 1. Types of vaccine in U.S. 2020). Sl No. Name of Vaccine Location Kaiser Permanente 1. Moderna’s mRNA-1273 Washington Health Research Institute in Seattle Regeneron 2. Regeneron’s REGN3048-3051 Pharmaceuticals of Tarrytown, New York Inovio Pharmaceuticals 3. Fig. 3. Graphical representation of the number of newly affected patients vs. number of recovery patients Inovio’s INO4800 of Plymouth Meeting, Pennsylvania Source: https://www.nbcnews.com/health/health-care/hereare-3-drugs-development-fight-coronavirus-2-vaccines-onen1163191 Source: Worldometer - www.worldometers.info 13 NUJS Journal of Regulatory Studies Special Issue April 2020 Besides, different companies in the world are also Table 3. List of drugs against COVID-19 involved in the making of vaccines (Table 2) (Published: April 5, 2020). Name of drugs Types of drugs and treatment Niclosamide Oral anthelmintic drug used to treat parasitic infections in millions of people worldwide Table. 2. Companies in the World involved in making of vaccine Sl No. 1. Company Name BioNTech SE and Pfizer Inc. Vaccine name Phase treatment BNT162 Preclinical 2. CytoDyn Inc Leronlimab 3. Gilead Sciences Inc. Remdesivir 4. 5. Regeneron Pharmaceuticals and Sanofi Roche Holding AG Phase 2 clinical trial Phase 3 clinical trials Kevzara Phase 2/3 clinical trial Actemra Phase 3 Nitazoxanide Source: https://www.marketwatch.com/story/these-ninecompanies-are-working-on-coronavirus-treatments-orvaccines-heres-where-things-stand-2020-03-06 A longevity biotech company in Japan, named Ixazomib Gero, established by a team of scientists and entrepreneurs having vast experience in the area of life sciences and specialization in AI-driven (artificial intelligence) drug discovery, have used its AI basics to identify the anti-COVID-19 drugs. Broad-spectrum antiparasitic and broad-spectrum antiviral prescription drug that is used in medicine for the treatment of various helminthic, protozoal, and viral infections Prescription medicine used in combination with the medicines REVLIMID® (lenalidomide) and dexamethasone to treat multiple myeloma in patients who have received at least one prior treatment for their multiple myeloma Approved in countries Italy, the United States (now withdrawn), France, and some other countries U.S., India, Mexico and some other countries U.S., EU and some other countries Source: https://www.expresscomputer.in/news/covid-19/aifinds-9-potential-coronavirus-covid-19-drugs-that-can-beused-on-humans-immediately/51446/ Some of their drugs have been familiar for decades and approved in many countries for human or veterinary use, some of them have even confirmed Scientists are evaluating the possibility of using two the potency against SARS-CoV and SARS-CoV-2 anti-malarial viruses, while others were not much effective. Some Chloroquine, in the treatment of COVID-19, which drugs are listed in Table 3 which are formulated in may prove to be useful for prevention and treatment different countries and considered to be effective of people with infections. Chloroquine has been against COVID-19. effective to inhibit the growth of the novel drugs, Hydroxychloroquine and 14 NUJS Journal of Regulatory Studies Special Issue April 2020 coronavirus under laboratory conditions, and also syrups, and tablets containing zinc, might help been applied in China to treat critically ill patients. in prevention of infection. The NIH (The Another drug Avigan is already approved in China National Institutes of Health) notes that the body for treating symptoms of COVID-19. Avigan has needs zinc to create white blood cells that fight been earlier used in Japan as a candidate anti- infections. (b) For influenza drug, which had been developed decades respiratory infection, of Vitamin is earlier by the Fujifilm subsidiary Toyama Chemical, beneficial. Deficiency and has been approved for possible treatment of respiratory diseases SARS CoV-2. Following this, a critical step pneumonia. Thus, Vitamin D levels can be involving clinical trials, which is likely to conclude checked for disease prevention to some extent. like which D causes tuberculosis and by the end of June may provide a light of hope in (c) In a Chinese hospital, during the outbreak of this treatment. Although there has not been any COVID-19, Vitamin C was put into a phase 2 documented Avigan’s clinical trial where, researchers have proposed effectiveness as a Covid-19 treatment, on March 17, that being an antioxidant, Vitamin C may reduce Zhang Xinmin, a Chinese official at China’s lung inflammation. data in support of Ministry of Science and Technology, has confirmed Testing laboratories in India and other countries Favipiravirto be the generic version of Avigan, In diagnostic laboratories, Real Time Reverse which has proved to be effective in the treatment of Transcription Polymerase Chain Reaction (RT- Covid-19 patients at the hospitals in Wuhan and PCR) test (detects the presence of viral RNA in Shenzhen. Japan now finds it safe to use Avigan as a prescription medicine for human samples) is used for COVID-19. The Indian COVID-19 Council of Medical Research (ICMR) has given the treatment(https://www.wired.com/story/japan-is- permission to conduct the test in 176 labs that racing-to-test-a-drug-to-treat-covid-19/). However, includes 47 private labs. The U.S. Govt. Authority Japan’s government is waiting for of its own of Food and Drug Administration (FDA) has clinical trials before utilizing the drug on a mass authorized 20 manufacturers and kits for diagnostic scale. Many countries are now relying on this testing for COVID-19. Genetic and microbial medicine along with Indonesia and have joined the testing firm, Bione has introduced a Rapid COVID- race to try their fortune. 19 at-home testing kit that exhibits accurate results Home Remedies for COVID-19 within minutes. This kit is approved by the Indian Some home remedial measures may provide Council of Medical Research (ICMR)however it protection from respiratory infections or may reduce will be available after proper quality checks and the duration of symptoms affirmations. This company can supply about (a) Zinc is effective in reducing the length of 20,000 kits per week and can make manufacturing certain viral infections, thus taking lozenges, 15 NUJS Journal of Regulatory Studies Special Issue April 2020 facilities in the coming months to sufficiently cater specific genes effectively and works on any to the high demand. The price of the testing kit is Realtime PCR instrument available in the lab, and varied between INR 2000-3000/- which depends on hence does not require any new or closed systems. the global supply. The first Indian molecular diagnostic company Fig.6. TRUPCR® SARS CoV-2 Real-Time PCR named Mylab Discovery, in Pune (Maharashtra) has test kit received the approval for supplying coronavirus (COVID-19) test kit known as Mylab PathoDetect Covid-19 shown in Fig. 5 (a, b) which is called Reverse Transcription Polymerase Chain Reaction (RT-PCR) tests. It has also been approved by the Indian FDA / Central Drugs Standard Control Organization (CDSCO) for uses in commercial purpose. and will be available for approximately INR1200. Source: https://www.3bblackbio.com/trupcr-product.html Different companies in the World have received approvals for antibody based rapid test kits. Among them most of the companies are from China, namely Hangzhou Biotest Biotech, Getein Biotech, AmonMed Biotechnology Co., Beijing Tigsun Diagnostics Co. Ltd., Hunan Lituo Biotechnology Fig. 5 (a & b) PathoDetectTM CoVID-19 detection kit by MyLab Discovery, Pune (India) Source: https://mylabdiscoverysolutions.com/covid-19/ Co., Vivacheck Lab and Wondfo, Biomaxima (in In India, the 2nd approved company is 3B BlackBio Cranfield University has engaged its researchers in Biotech which is located in Bhopal. They have developing a new test to detect SARS-CoV-2 in the received the ICMR approval for their COVID-19 wastewater of communities infected with the virus. Real-Time PCR detection kit on April 02, 2020. 3B As faecal contamination with the said virus is Black bio Biotech (I) Ltd. a branch of KILPEST reported India Ltd. The kit named TRUPCR® SARS CoV-2 (https://www.nature.com/articles/s41575-020-0295- Real-Time PCR test kit (Fig. 6) is a molecular 7), the wastewater-based (WBE) approach may detection test which screens and detects COVID-19 provide an effective and quick way to predict the Poland),Sensing Self Ltd based in Singapore and CTK Biotech and BioMednomics are from the U.S. by researchers 16 NUJS Journal of Regulatory Studies Special Issue April 2020 possible spread of novel coronavirus pneumonia by the National Institute for Occupational Safety (COVID-19) by banking on biomarkers in faeces and Health (NIOSH) N95 standard, which filter and urine samples from suffering patients or disease large droplets and penetrating aerosols 0.3µm in carriers entering into the sewage system. This diameter with 95% efficiency. The typical infection employs Rapid test kits made up of paper-based is devices to be used on-site at wastewater treatment indicates droplet transmission being the major route. plants to rule out potential COVID-19 carriers in However, reports of gastrointestinal problems in local areas. some patients with SARS-CoV-2 infection along It has been reported that, in addition to seasonal with the presence of viral RNA or live virus influenza, pathogens of pneumonia are also found infection in their faeces, reflects another possibility in of adenovirus, metapneumovirus, human bocavirus, parainfluenza human virus 1/2/3, specified by respiratory problems, faecal–oral transmission (Hindson, which 2020). Although the exact mechanism of SARS-CoV-2 rhinovirus and respiratory syncytial virus A/B. interaction Study using molecular methods, and the role of unknown, SARS-CoV-2 is believed to use ACE2 these viruses in causing pneumonia has achieved mRNA as a viral receptor, which is expressed in the significant acclamations. SARS- CoV-2 has been gastrointestinal system. Clinical specimens from reported to be a positive-sense, single-stranded over 73 hospitalized patients with SARS-CoV-2 RNA virus belonging to the genus Beta coronavirus infection were examined by gastroenterology (Chan et al., 2020; Lu R et al., 2020; Zhu et al., researchers. Among them,39 patients tested positive 2020). Based on the documentations of genomic for SARS-CoV-2 RNA in stool samples, but 17 investigations by Jiang et al. (2020) and Zhou et al. patients were found to be positive for SARS-CoV-2 (2020) it can be evaluated that the presence of bats in stool samples, although being negative in their and live animals in the Wuhan seafood market, may respiratory samples or nasal swabs (Xu, et al., have been the causative agent for SARS-CoV-2 2020). through had epidemiology (WBE) approach may be an effective contaminated the market and surrounding regions tool to detect local area contamination of novel (Jiang et al., 2020 and Zhou et al., 2020). COVID- coronavirus pneumonia (COVID-19) in waste 19 virus being airborne and having small particle waters, using biomarkers of faeces and urine. Paper size can travel extensively as aerosols and hence it based Rapid testing kits can be used on-site is mandatory to use specific PPE to protect against wastewater treatment plants to determine the spread inhaled transmission. N95 respirators qualify for the of contamination and possible carriers of this same as they are air purifying respirators and disease (Kang et al., 2020).According to Dr Zhugen protect against droplet or airborne transmission. Yang, Lecturer in Sensor Technology at Cranfield Their filtering efficiency is satisfactory as set forth Water Science Institute, for those people who are bats or bat droppings which with the gastrointestinal Additionally, tract is waste-water-based 17 NUJS Journal of Regulatory Studies Special Issue April 2020 unknown of the fact, that they may be carriers or are with soap and water and sanitization of hands with infected, this type of analytical device can help in alcohol-based sanitizers. the rapid screening, quarantine, prevention and cure distancing’ has also been in practice so as to fight (Cranfield University, 31 March 2020). If the battle against the Coronavirus. As limited monitored at local and individual levels at an early knowledge about this novel virus is available, it stage, and remains advisable to implement infection control socializing may be done which may reduce measures to prevent the spread of SARS- CoV-2 via pathogen spread to further populations. The WHO human-to-human transmission. Strict monitoring of declared the COVID-19 outbreak as a public health the situation and patients in isolation and quarantine emergency after can help in controlling the spread of the disease, H1N1(2009), polio(2014), Ebola in West Africa resulting in the number of deaths. Clinical trials of (2014), Zika(2016) and Ebola in the Democratic vaccines and drugs are still awaited, and the need of Republic of Congo(2019).Thus, health workers, the hour is to support the health care workers and governments and local people need to co-operate at the Government to get over from this pandemic. a global level to prevent the spread (Yoo, 2020). The more we remain indoors and confined, the Most of the global business and the travel industry better it would be. possible of restrictions for international contacts concern, The concept of ‘Social has been affected by this pandemic setback. As a result of the disease transmission, the majority of Roopali Roychowdhury is serving as a PostDoctoral Fellow in the Department of Oceanography, Techno India University, West Bengal. the world is undergoing a lock down period to prevent mass gatherings and travel. The United States and most of Europe have enacted travel bans and put major cities on lockdown to slowdown the Sufia Zaman is the Associate Professor and Head of the Dept. of Oceanography, Techno India University, West Bengal. spread of coronavirus. Similarly, Japan and other countries, including India, have closed schools and cancelled many sporting events, to avert further Abhijit Mitra is the Associate Professor and former Head of the Dept. of Marine Science, University of Calcutta. disease transmission. Not only many positive cases are reported every-day, but thousands of people with travel history from the affected areas or those who have tested positive for COVID -19 but are References asymptomatic, have been kept under quarantine and 1. BiscayartC,AngeleriP,LloverasS,ChavesT,S isolation to avoid further risk of contamination. The chlagenhaufP,Rodriguez- local government has ensured stay at home safety MoralesAJ.Thenextbigthreattoglobalhealth? measures by creating awareness among people, to 2019novelcoronavirus(2019- avoid contact with affected persons, washing hands 18 NUJS Journal of Regulatory Studies Special Issue April 2020 nCoV):Whatadvicecanwegivetotravellers?— Bio Interimrecommen-dationsJanuary2020,from doi:10.1101/2020.02.07.937862. 2020 Feb11. Society for Travel 8. Guan WJ, Ni ZY, Hu Y, Liang WH, Ou CQ, Medicine (SLAMVI). Travel MedInfect He JX, et al. Clinical Characteristics of Dis2020:101567.doi:10.1016/j.tmaid.2020.1 Coronavirus Disease 2019. the Latin-American 9. Hindson, 01567.) 2. Rxiv J. CarlosWG, DelaCruzCS, CaoB, PasnickS, transmission?. Jamil Hepatol S.Novel Wuhan(2019-nCoV) coronavirus. COVID-19: Nat Rev faecal–oral Gastroenterol (2020). https://doi.org/10.1038/s41575-020-0295-7 AmJ 10. HolshueML,DeBoltC,LindquistS,LofyKH, RespirCritCareMed2020;201:P7– WiesmanJ,BruceH,etal.Firstcaseof2019nove 8.doi:10.1164/rccm.2014P7. 3. Chan JF, Kok KH, Zhu Z, Chu H, To KK, lcoronavirusintheUnitedStates.NEnglJMed2 Yuan S, et al. Genomic characterization of 020Jan31(Epubaheadofprint).doi:10.1056/N the EJMoa2001191. 2019 novel human-pathogenic coronavirus isolated from a patient with 11. http://www.who.int atypical pneumonia after visiting Wuhan. 12. https://mylabdiscoverysolutions.com/covid19/ Emerg Microbes Infect 2020;9:221–36. doi: 13. https://www.3bblackbio.com/trupcr- 10.1080/22221751.2020.1719902 . product.html 4. ChenN,ZhouM,DongX,QuJ,GongF,HanY,et al.Epidemiologicalandclinicalcharacteristics 14. https://www.certest.es/news/certest of99casesof2019novelcoronaviruspneumoni 15. https://www.expresscomputer.in/news/covid ainWuhan,China:adescriptivestudy.Lancet20 -19/ai-finds-9-potential-coronavirus-covid- 20;395:507–13.doi:10.1016/S0140- 19-drugs-that-can-be-used-on-humans- 6736(20)30211-7. immediately/51446/ 5. China National Health Commission, BBC 16. https://www.gatan.com Research 28 Jan 2020 17. https://www.marketwatch.com/story/these- 6. Cranfield University. "Wastewater test could provide early warning of COVID-19." nine-companies-are-working-on- ScienceDaily. ScienceDaily, 31 March 2020. coronavirus-treatments-or-vaccines-hereswhere-things-stand-2020-03-06. 7. Gorbalenya AE, Baker SC, Baric RS, 18. https://www.nature.com/articles/s41575- deGroot RJ, Drosten C, Gulyaeva AA, etal. 020-0295-7, Severe acute respiratory syndrome-related coronavirus: the species and its viruses —a statement of the Coronavirus Study Group. 19 NUJS Journal of Regulatory Studies Special Issue April 2020 Wuhan,China,of novel coronavirus-infected 19. https://www.nbcnews.com/health/healthcare/here-are-3-drugs-development-fight- pneumonia. NEnglJMed2020 coronavirus-2-vaccines-one-n1163191 (Epubaheadofprint) Jan29 doi:10.1056/NEJMoa2001316. 20. https://www.wired.com/story/japan-is- 28. LuH,StrattonCW,TangYW.Outbreakofpneu racing-to-test-a-drug-to-treat-covid-19/ moniaofunknownetiologyinWuhanChina:the 21. https://www.worldometers.info/coronavirus/ mysteryandthemiracle.JMedVirol2020Jan16 22. HuangC,WangY,LiX,RenL,ZhaoJ,HuY,etal. (Epubaheadofprint).doi:10.1002/jmv.25678. Clinicalfeaturesofpatientsinfectedwith2019n 29. 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Characteristics of pediatric SARS-CoV-2 infection and potential evidence for persistent fecal viral shedding. Nat. Med. https://doi.org/10.1038/s41591020-0817-4 (2020) 34. YooJH. The fight against the 2019-nCoV out break: anar duo us march has just begun. J Korean Med Sci 2020;35:e56.doi:10.3346/jkms.2020.35.e56. 35. Young BE, Ong SWX, Kalimuddin S, Low JG, Tan SY, Loh J, et al. Epidemiologic Features and Clinical Course of Patients Infected With SARS-CoV-2 in Singapore. JAMA 2020; doi: 10.1001/jama.2020.3204. 36. ZhaoS, LinQ, RanJ, MusaSS, YangG, WangW,et al. Preliminaryestimation of the basicreproductionnumberofnovelcoronavirus (2019-nCoV)inChina,from2019to2020:a datadrivenanalysisintheearlyphaseoftheoutbreak. IntJInfectDis2020;92:214– 17.doi:10.1016/j.ijid.2020.01.050. 37. Zhou P, Yang XL, Wang XG, Hu B, Zhang L, Zhang W, et al. A pneumonia out- break associated with a new coronavirus of probable bat origin. Nature 2020 Feb 3 (Epub ahead of print). doi: 10.1038/s41586020- 2012- 7. 38. Zhu N, Zhang D, Wang W, Li X, Yang B, Song J, et al. A novel coronavirus from patients with pneumonia in China, 2019. N 21 NUJS Journal of Regulatory Studies Special Issue April 2020 ‘Going Viral’ COVID 19 and Laws in the Domain of Contract and Commercial Leases Abhijeet Agarwal and Shambhu Prasad Chakrabarty This article provides an overview of its impact on Introduction force majeure clause and on commercial leases to No one imagined that world is going to be at a tickle wits of intellectuals on how easily a stand-still as it is today. The world of automation microscopic organism can bring down superpowers has come to a halt. The best of economies has of the world. suffered terrible losses. The vulnerability of being human was exposed like never before. The novel 1. Force Majeure clause and The Indian Contract coronavirus, christened as COVID-19 (Coronavirus Act, 1872 (hereinafter referred to as “the Contract disease 2019) is a zoonotic disease caused by severe Act”) acute respiratory syndrome coronavirus 2 (SARSCoV-2), previously known as 2019 The concept of force majeure (generally construed novel as superior force)i has its origins in Roman law. coronavirus (2019-nCoV), a strain of coronavirus. Under the name “vis major” or “vis divina”, Roman The initial cases were seen in Wuhan, China, in law designated unforeseeable and irresistible events December 2019 before spreading globally. The that excused a debtor of performance.iiThe concept current outbreak was officially recognized by the was later adopted by civil law countriesiii and was WHO as a pandemic on 11th March 2020. While later incorporated in the French Civil Code 1804 itis spreading like wildfire killing people and wreaking havoc upon the world (Napoleonic Code). economy, unprecedented efforts are still on across the world to India inherited major commercial laws from her control this viral strain from further spread. colonial rulers. Under Indian law, this clause must Instances of major cities and towns being blocked, be explicitly provided for in the contract and all air travel across the world banned, ships stranded accordingly protection shall be afforded in a given and quarantined, and streets have been de-peopled situation. It is a contractual provision that is usually across the world. As COVID-19 continues to agreed upon at the time of entering into a contract devour upon the health and economy of countries by parties involved. It seeks to cover extraordinary across the globe as the pandemic looms large, the events or circumstances beyond the control of world parties to a contract and typically includes events witnesses the downfall of mankind described as act of god or natural disasters, war or unprecedented since World War-II. 22 NUJS Journal of Regulatory Studies Special Issue April 2020 war-like situations, labour unrests, strikes, Therefore, in light of this inference the lockdown epidemics or pandemics. In simpler terms, force imposed by the governments in the current times is majeure is a jolt that one wouldn’t be able to fit to fall under the definition of force majeure. foresee or protect themselves from. The intention of To dive into the details of force majeure, it is this clause is to save the parties to a contract from important to bifurcate it into the following two facing consequences over which they have no situations: control. It is therefore, an exception to what would ordinarily otherwise amount to a breach of contract. 1.1.Presence of a force majeure clause in a contract Given that a force majeure event has enough capacity to delay, interrupt, or even lead to In Satyabrata Ghose v. Mugneeram Bangur & cancellation of the performance of many contracts, Co.vii, the Supreme Court held that some reference can be made to Section 32 and ‘...When such an event or change of Section 56 of the Contract Act in this regard. circumstance occurs which is so The term force majeure has been clearly dealt with fundamental as to be regarded by law as over a century ago by McCardie J. in Lebeaupin v. striking at the root of the contract as a Crispiniv, which was later cited by the three-bench whole, it is the court which can pronounce judge of Supreme Court of India in Dhanrajamal the contract to be frustrated and at an end’ Gobindramv. Shamji kalidas and Cov. It elaborated The Supreme Court in Energy Watchdog v. Central that force majeure is an act that a person has no Electricity Regulatory Commission & Orsviii, held control over, and in law, it is intended to save a performing party to a contract from that the ‘Force majeure is governed by the Indian repercussions of such act.vi Contract Act, 1872. In so far as it is It is worth clarifying that the concept of force relatable to an express or implied clause in majeure extends well beyond an “act of god” a contract, such as the PPAs before us, it is (natural calamities such as earthquakes, typhoons governed by Chapter III dealing with the etc.) and includes man-made circumstances as well, contingent contracts, and more particularly, such as change in law, government policy etc. It Section 32 thereof. Insofar as a force may include the ancillary acts to the main contract majeure event occurs de hors the contract, it as well. However, that may vary from the facts and is dealt with by a rule of positive law under circumstances of each case. section 56 of the Contract.’ 23 NUJS Journal of Regulatory Studies Special Issue April 2020 1.2. ‘Section 56 lays down a rule of positive law In the absence of a force majeure clause in and does not leave the matter to be the contract determined according to the intention of the In the absence of any force majeure clause in a parties.’x contract, on the occurrence of an event that results in the impossibility of performance of obligations It is quite apparent that when a force majeure by any party to the contract, Section 56 of the clause is present in a contract, the intention of the Contract Act would apply. Here the test is the parties to discharge obligations upon the occurrence significant change in the situation originally agreed of certain contingencies is a determining factor. In upon which affects the performance of the the absence of the clause, the situation shall be obligations of the parties. governed by Section 56 of the Contract Act which is also termed as the doctrine of frustration. Indian courts have held that the term ‘impossibility of performance’ is not restricted to physical or As per the doctrine of frustration, the performance literal impossibility but also includes circumstances of the agreement is excused in the situations wherein it may be impracticable and useless from wherein: the point of view of the object and purpose of the (a) agreement which the parties had in view due to an the circumstances changed fundamentally from the situation contemplated at the time of the untoward event or change of circumstances. As per entering into the agreement; and section 56 of the Contract Act, an agreement to do an impossible act is void and therefore the parties (b) are entirely impossible without a willful default or discharged from compliance with their the performance of the agreement becomes respective obligations. negligence of either of the parties to the agreement. The impracticability has to be demonstrated by the In the present scenario, there is room to argue that parties and shall be decided on a case to case basis. the outbreak of the COVID- 19 can be categorized Mere difficulty in performing an obligation or as a supervening impossibility. In the cases where increase in price rendering such delivery expensive parties to a contract have chosen not to include a is not sufficient. The cost of performing the force majeure clause, section 56 of the Contract Act obligation and can be analyzed on a case-to-case basis, to unreasonably high rendering it impracticable to determine whether the parties’ obligations under perform and thereby impossible. such agreements can be dispensed with. In the above-mentioned case of Satyabrata Ghose v. While the aforesaid recourse under section 56 of the Mugneeram Bangur & Co.ix, the Supreme Court Contract Act may be available depending on the also held that, facts of the case, it is prudent for the parties to should be highly excessive 24 NUJS Journal of Regulatory Studies Special Issue April 2020 commercially evaluate whether such a recourse and lessors are not likely to entertain requests for resulting in the underlying contract between the the same without being contractually bound to, due parties being rendered void is a desirable step or to their personal reasons or any other whatsoever. not. In order to ascertain whether the failure to perform contractual obligations under lease agreements due 2. Impact of COVID-19 over Commercial to COVID-19 related causes constitutes a breach of Leases contract or default due regard needs to be given to The outbreak of COVID-19 can prove to be the the provisions of the lease agreement. Although biggest black swan event for the real estate sector. most lease agreements provide for force majeure This situation has found all countries amidst a crisis on all fronts. Beyond the obvious clauses, the circumstances under which the clause health may be invoked and the party that may invoke it repercussions, this global pandemic has caused may not be straight forward. major pandemonium in the global business arena. On one hand, where we can see direct commercial Pertaining to the interpretation of force majeure impacts on specific sectors, with interruptions to clauses which has been discussed in detail above, in supply chains, challenges in meeting contractual order to understand whether the force majeure obligations clause and implications under funding arrangements, other impacts are universal. covers the COVID-19 outbreak, the construction of the force majeure clause will come into play. If the force majeure clause contains terms Due to the fluid nature of the outbreak and such as ‘epidemic’, ‘pandemic’, ‘act of God’, ‘acts uncertainty of getting back to the grind, parties to and regulations of government of India’, ‘natural commercial lease agreements are likely to encounter calamity’, ‘these situations and events are beyond challenges in meeting their contractual obligations. the reasonable control of affected party, or such The order of the state governments instructing the situations or events could seldom be prevented shut-down of commercial establishments engaged in through employment of prudent utility practices’ non-essential services has encouraged employers etc., the COVID-19 outbreak may fall within the and employees to work from home and has rendered ambit of a force majeure event as stipulated under leased premises unusable for the time being. the lease agreements. Additionally, the loss of business due to the outbreak may consequentially affect lessees’ ability The right to suspend payment of rent or any other to perform their obligation with respect to payment financial obligation in the event of a force majeure of rent. Under these circumstances, lessees may event, is seldom the intention of the parties while renegotiate the terms of their leases. However, any negotiating a lease agreement. Therefore, the such re-negotiation is based on mutual agreement unequivocal answer to whether the lessee’s 25 NUJS Journal of Regulatory Studies Special Issue April 2020 obligation to pay rent will abate on account of the reason of fire or other casualty or accident, natural COVID-19 outbreak is not likely to be specifically catastrophes, governmental action, war or other addressed in lease agreements. That said, lessees violence, any change in law or any other act outside could attempt to argue that premises are unusable the control of the Party whose performance is due to external factors and therefore, rent payments affected, performance of such act will be excused should abate. for the period of the delay and the period of performance of such act will be extended for a In the event the present scenario the parties may period equivalent to the period of such delay’, it seek the relief provided under the clause. However, may be argued that the obligations of both parties even in the event of an undisputed force majeure shall be suspended, including the lessee’s obligation event, lease agreements often also specify potential to pay rent, while the force majeure event subsists. result of the force majeure event only upon the occurrence of which the clause may be invoked. Further, it is pertinent to note that in order to invoke Specifically, the agreement may state that the the force majeure clause, the party invoking the parties’ obligations will be suspended only in the clause may be required to undertake certain event that the premises are damaged or destroyed procedural obligations such as providing notice to and therefore cannot be used by the lessee. For the other party. instance, the language may read, ‘In the event If the lease agreement does not provide for a force Lessee is prevented from using of the premises, or majeure clause, neither party is protected from any any part thereof, due to destruction or damage claim of breach against it, even if the same was thereof, by reason of fire or other casualty or beyond its control. However, in the event that the accident, natural catastrophes, governmental action, premises are damaged due to ‘fire, tempest or flood, war or other violence, any change in law or any or violence of an army or of a mob, or other other act outside the control of the parties, irresistible force’ rendering it unfit for the purpose performance of the parties obligation under the for which it is leased, the lease may be void at the Lease Deed will be excused for the period of the option of the lessee, in accordance with Section 108 delay’. Under this circumstance, it would be (e) of the Transfer of Property Act, 1882. difficult to argue that lessees’ obligation to pay rent may be suspended during the present the COVID-19 It may be argued that the doctrine of frustration, as outbreak. discussed earlier, may apply where a force majeure event has occurred but there is no damage to the However, if the force majeure clause is broad and premises leased. However, the Supreme Court, in inclusive, for instance if the clause reads, ‘In the the case of Raja Dhruv Dev Chand v. Raja event that either party is delayed or hindered in, or Harmohinder Singhxiheld, prevented from, the performance of any act by 26 NUJS Journal of Regulatory Studies Special Issue April 2020 “the doctrine of frustration as stipulated in While the term “force majeure” is much used in Englishspeaking countries, its English equivalent, described as “superior force” in the English translation of the Québec Civil Code does not appear to be in common use in the Englishspeaking world. John O’CONNOR, “Force Majeure, Frustration and Exception Clauses”, (visited 10th April. 2020) ii One of the Latin maxims that reflects this concept is the following: “Fortuitos casus nullum humanum conciliumproviderepotestnec cui prœvisopotestresisti”. Robert TASCHEREAU, Théorie de Cas Fortuit et de la Force Majeure dans les Obligations 1-2 (1901) (Ph.D. Thesis, University of Laval – Faculty of Law of Montréal) (on file with the University of Montréal Law Faculty Library) iii Caslav PEJOVIC, Civil Law and Common Law: Two Different Paths Leading to the Same Goal, (visited 10th April. 2020) iv [1920] 2 K.B. 714 v AIR 1961 SC 1285 vi ibid vii 1954 SCR 310 viii (2017) 14 SCC 80 ix ibid x ibid xi AIR 1968 SC 1024 xii Ibid i section 56 of the Contract Act does not apply to leases. It held that a lease is a completed conveyance rather than an executory contract, and that ‘Where the property leased is not destroyed or substantially and permanently unfit, the lessee cannot void the lease because he does not or is unable to use the land for the purpose for which it is let to him.’ ”xii Conclusion This crisis leading to numerous government directives, would play a vital role in the domain of contracts and commercial leases once the pandemic subsides. The parties to various such contracts must know their legal position as well as the legal position of their contracts to avoid unnecessary complications in these testing times. Inter alia, a proper understanding of the position coupled with sector specific government directives would definitely help to avoid legal complication and in rebuilding India economy in the years to come. Abhijeet Agarwal is a BA.LL.B. Fifth year student, Amity Law School, Kolkata. Dr Shambhu Prasad Chakrabarty is the Head and Research Fellow of CRSGPP, WBNUJS 27 NUJS Journal of Regulatory Studies Special Issue April 2020 Questionable Information, Discrimination, Brutality during COVID-19 Pandemic and Police Souvik Mukherjee, Abhra Jena and Vikramjit Mullick the article attempts to address the growing concern Abstract violating basic human rights of the people of India SARS-CoV-2 has turned the world on its head in amidst this coronavirus outbreak. less than six months. The disease has engulfed the world, irrespective of economic standing, medical 1. Introduction infrastructure or military prowess. India too has “Everyone has a plan until they get punched in fallen prey to this disease and is currently in the the mouth”, the famous quote by Mike Tyson, midst of battling it. As the battle intensifies against could not have been more relevant than now. As the this ominous pandemic, India, in addition to the extensive scientific and medical world grapple with the pandemic named COVID- research 19, nation state’s governments have been busier undertaken, has started taking several supporting than ever, trying to come up with plans to react steps in the form of janta curfew, nationwide positively to this pandemic. Realization of the lockdown, travel bans, lighting diya, banging of importance of research on science and medicine and utensils etc. to curb the widespread of COVID-19 the significance of the robust health care system is and boost the morale of people. Since the inception unprecedented. The existence of human coronavirus and more specifically in the last few weeks, the can be traced to the year 1965 when it was named as country has witnessed certain stark anomalies while B814i. Time and again humankind has been implementing measures like social distancing and revisited by viruses leading to respiratory diseases, awareness programs. These anomalies ran contrary the latest being in the form of COVID-19.With the to basic human rights and constitutional principles. introduction of COVID-19, the so-called developed The paper undertakes a brief and specific study of nations which are categorized as ‘economic instances and powerhouses’ with state-of-art research and health constitutional principles and underlines the legal care systems, and a plethora of arms and recourse against such violations. The paper also ammunition to burn down the world several times, examines the principle and scope of the concept of are struggling to address the pandemic. Developed secularism, limitations of police powers, quality of Countries have fared worse some developing information and questionable content distributed countries. and introduced in the information system and health care workers, sanitation workers, media challenges thereto. From a holistic point of view, workers, the police force are all working hand in of violation of basic legal Governments, virologists, scientists, 28 NUJS Journal of Regulatory Studies Special Issue April 2020 hand to “flatten the curve”. Due to the highly 2. Information System, Social Media and contagious nature and severity of the disease Questionable Content in India in the time of coupled with lack of treatability measures and poor COVID-19 health care infrastructure, prevention of the Over 500 million Indians are considered to be active spreading remained the most viable option for users of the Internet as of 2019ii, while the number developing nations like India. Indian Prime Minister invoking Disaster Management Act, of social media users are exceeding 350 millioniii. 2005, The number of users is only expected to go higher announced a nation-wide lockdown while the State in the years to come. However, since the majority of governments resorted to Epidemic Diseases Act, Indians are still receiving their share of news and 1897 to frame rules, regulation and guidelines for information through the offline medium, it is the prevention of COVID-19 even though it was imperative we look at their source of information, expected to cause an adverse impact in the and the role and impact of questionable online economy. However, the economic dip could be information, in both online and offline information considered as a fair price to pay for saving consumption. In this segment, we will engage in the thousands of lives, if the mitigation efforts are study of the quality of information and questionable successful. What was not taken into account at the information regarding COVID-19 circulated online inception of lockdown was the possibility of and offline, and the impact of dissemination of this violation of human rights and constitutional questionable information. principles in the form of excessive force used by the police power or questionable content circulated over The lack of information, knowledge and research on social media or religious or racial discrimination COVID-19 gave rise to misinformation and being propagated. In this article, the authors intend questionable content, both online and offline, to bring forth the extra COVID-19 challenges which ranging from the religious narrative of ‘judgment are of no less concern than the disease itself and are day ‘dawning upon humankind to punish them for to be addressed simultaneously. Not addressing the sinsiv to political narrative of COVID-19 being a these would significantly mar the battle against man-made bioweaponv. Between the ranges, lay a COVID-19. The article is divided into five plethora of questionable content, capable of feeding segments; Introduction is followed by a section on on the insecurities of educated and uneducated Information System, Social Media and Questionable alike. Content in India, in the time of COVID-19, Fine dissemination of line between Social Distancing and Discrimination, advertisementsvi, radiovii, When it comes to non-internet-based information, poster televised campaign in viii Police Support aided by Police Brutality and finally multiple languages , informative cartoon books for Conclusory Remarks. childrenix, leaflets for public distributionx, TV & 29 NUJS Journal of Regulatory Studies Special Issue April 2020 Radio Spotsxi, etc. have been the primary media. victim of misinformation and influence their Besides these, there of actions. There have been efforts from community individuals announcing and spreading awareness radio and government to curb the menace; still, about COVID-19 and lockdown and do’s and do questionable information continues to largely hover not’s during this pandemic. With such extensive on the people. While a significant number of the measures, it is expected that people who are not population remains indoors respecting the lockdown connected to the world through the internet would and saving lives, while honing culinary skills, follow the instructions and act prudently. However, engaging in board games, online games, social the question arises as to why some people are networking, and exploring the possibilities of work refusing to stay at home and defying the lockdown from home, there lies a large section of the ordersxii?Why are people still gathering in mass? population who are far from their comfort of home, Why are migrants out of their house and attempting living in slums. Groups of 7-10 individuals holed up to cover thousands of miles from an industrial in a single room, do not have the Luxury of social workplace to their respective hometowns? Why distancing, have no opportunity to earn their daily aren’t the people with symptoms of COVID-19, wages by working from home and have nothing to voluntarily submitting themselves for testsxiii? Is it send back to their needy families back homexiv. The possible that their judgment and power to reason is psychological unrest which exists amongst these clouded misinformation migrants is not relatable for the population that can circulating over the information system online and virtually carry out their jobs from their homes. offline, through word of mouth, their own Awareness programs conducted by government experience with their surroundings? irrespective of the media have only limited reach to by the has barriers been of evidence this set of population. With such a diverse set of the There is a general assumption that all those who population, from a cultural, socio-economic and don’t have access to the internet are immune to religious perspective, is it appropriate to expect a misinformation or questionable content. However, standard and uniform impact on people of the we fail to realise that rumours and questionable government-run advertisements? On one hand, we content are not a by-product of the internet age --the have a population that is in regular interaction with practice exists since long. Hence, individuals the internet and have the comfort of home and basic without access to the internet may not be subjected amenities being taken care of, on the other we have to questionable online misinformation directly but a mixed population where all the individuals do not will be exposed to misinformation through word of have digital footprints, living far away from their mouth. This is coupled with observation of the family, earning daily wages and limited sense of behavioral pattern of the so-called “literate and security. Dissemination of information may not educated individuals” making them an indirect 30 NUJS Journal of Regulatory Studies Special Issue April 2020 always be enough to cater to fundamental rights; the stopped at that, excerpts of a series of tweets on a quality, standard and medium of information microblogging site called twitter, showed that he on depend much on the recipients. This set of the a regular interval delivered questionable content population depending upon offline resources are over suffering from certain limitation. If those limitations questionable content have not only derailed are not taken into the account while disseminating scientific research and medical developments but information also impacted several other rights which are to this population, even real inalienable. information has the potential to be misconstrued as mediaxvii. social Accidental xix Misinformation deathsxviii, and Religious xx misinformation and questionable content due to the discrimination , racial discrimination , abuse of quality of reception and self -contextualization. the right to informationxxi, police brutalityxxii, mass disinfection of individualsxxiii, marginalization based The menace of questionable information is far more on race and regionxxiv etc. all could be apportioned apparent over social media, and online news portals. to the questionable contents circulating over the At the international scale, the top myths which information system. The Indian government has circulated over the internet were (a) COVID-19 is proactively engaged in debunking misinformation, Just another flu; (b) Heat kills COVID-19; (c) fake news and questionable contents through a Home remedies can cure COVID-19(d) Origin of dedicated window for a fact-checkxxv.Through this COVID-19 being a Bio-weapon, (e)The vaccine portal, tweets and other questionable news with already exists for COVID-19xv, these myths have respect to governmental measures can be verified been successfully debunked and a large section of the population narratives. have However, disengaged the damage from such of these and true position can be ascertained. Facebook and other social media have their share of tie-ups with third-party fact-checkersxxvi and have been playing questionable contents continues to hover around, an essential role to curb fake news. Nonetheless, the now and then. While it has been evidenced through menace continues. There have been portals and research that questionable content is primarily dedicated account numbers which may assist in floated for ideological propagation or pecuniary fact-checking. However, the problem continues to benefit, but the pandemic in question brought plague, due to the nature of the content, which feeds eminent figures and national leaders actively on insecurities or reaffirms belief which acts as the participating and contributing to the questionable psychological resistance to put the effort to question contents. Donald Trump, the President of the United States of America urged the use it and verify itxxvii. A mind incapable of making of critical approach is automatically barred from active hydroxychloroquine, to counter COVID-19, without participation in the process of fact-checkingxxviii. any hard evidence at his hand regarding its Furthermore, the styling and content are targeted to efficacyxvi. The President in question had not 31 NUJS Journal of Regulatory Studies Special Issue April 2020 such vulnerable individuals, that it is getting well situation prevailing currently provided the best spread due to its unique feature of being able to opportunity to bring down the conservative and xxix through the algorithm of toxic thoughts of several people. The virus had social networking before it is check. Thus, the paradoxically, provided an opportunity for healing whole scheme of information system, offline or of the partisan wounds. With measures such as online needs a re-look from the perspective of the “Janta curfew” and lockdown, Indian Government actor, rationale, medium, and recipient (ARMT). To showed took a strong position against the pandemic eliminate and resolution to protect human life. Through social travel at a faster speed the challenges of questionable information, a multifaceted approach involving media individuals in India showcased their customized awareness program to effectively solidarity against COVID-19 through several acts provide information, enable mass to think critically such as lighting Diyaxxx and banging utensilsxxxi and not be mere machine line product along with from their respective balconies, while that being robust fact-checking systems are imperative. inspirational and reflect the seriousness of the pandemic, could not be categorized as a complete 3. The Fine line between Social Distancing and story. Discriminatory Behavior Days after the announcement of 21days lockdown it COVID-19 brought a unique situation before the was learnt that there was a congregation of Tablighi world, were not only fellow countrymen, but all of Jamaat at Nizamuddin Markaz, Delhi from 13th - humankind declared that they are together in the 15th March 2020, at the Somnath Temple, Gujarat, fight against COVID-19, the behaviour mirrors plot has seen around five thousand (5000) devotees per points from popular Hollywood film where the day between 18th and 19th March 2020xxxii, just a world is under threat from aliens and together they few days after the Nizamuddin gathering. Besides fight it off, albeit the US leading the way. COVID - religious gathering, there were wedding ceremonies 19 brought forth such an emergent situation that the with thousands of attendees, involving relatives of countries are facing such an enemy who is is one political leaders irrespective of their alliancexxxiii, without any religion, nationality or ideology, it did and birthday parties by the common manxxxiv.These not target based on one’s race or socioeconomic acts reflect anything but an act of social distancing. status, the disease has been the most indiscriminate The trouble starts when the solidarity India showed, in choosing its target. while lighting Diya and gave the hope that India is India, suffering through a significant turmoil over capable of fighting the battle together irrespective religion and political issue over the past few the diversity, goes out of the window, the moment months, has been no exception from the being an the people stopped viewing the victims of COVID- indiscriminate target of the disease. The pandemic 32 NUJS Journal of Regulatory Studies Special Issue April 2020 19 as patients, rather perpetrators of spreading the and other health workers. It’s clear, their aim is to disease and associate them with their particular infect as many people as possible with coronavirus belief system. It has been seen that following, the and kill them”xxxvii.As said by the Chairman of the reporting of Tablighi Jamaat gathering, lead to the Islamic Center of India, Khalid Rasheed, even after circulation of a large number of questionable the pandemic gets over, the virus of communal contents through videos and news, which showed disharmony will be very hard to killxxxviii and the of the believers of the Islamic faith in a negative light, secularism with the hashtag “corona jihad” appearing for lakhs fundamental rights would be nothing but lost, of times being viewed by millions of people since thereby leading to further communal tension in 28th of March, 2020xxxv. While only limited media India. Pandemic COVID-19 demanded social coverage could be seen with regard to the temple distancing and solidarity, however, what we have gatherings. Separate events, different religions, one experienced that a single event, when propagated not forming the majority of the population gets with religious colour and aided with questionable negative media attention and being considered information, is capable of spreading “Islamophobia” scapegoat for the spread of the disease and and discriminatory treatment. Such treatment circulation of material condemning the whole towards any religious community can be anything religion for it; while the other religion forming the but an act of solidarity against the pandemic. majority of the population, holds similar gathering envisioned in the preamble and The elements of unfair and discriminatory treatment prior to the announcement of lockdown gets limited are not based on religion alone as citizens of the media attention. Reports say that a case of criminal country continued to experience marginalisation and conspiracy has been filed against the organizers of discrimination. It is reported that the families of the the Nizamuddin gathering for violating the Central Yanadi community, residing in a village in Government Guidelines to strictly follow social Vijayawada, Andhra Pradesh, working mainly as distancingxxxvi while no reports of similar action waste pickers, drain cleaners, etc., were segregated against the ones responsible for mass gathering at way before the outbreak of COVID-19, since they religious institutions have surfaced yet. To make belonged to the Dalit community. These poor matter worse some eminent political party leaders people due to their social status have been banned to accused Tablighi Jamaat of carrying out a “Talibani go crime”, described their members as “human bombs, downhill commodities but in the guise of coronavirus patients”, and called North-East for Tablighi Jamaat leaders to be both hanged and for the purchase of xxxix essential .Furthermore, the people have been subject to from increased discrimination, a lady from Sikkim residing in shot. While another leader tweeted: “Tablighi Kolkata was questioned whether if she belonged Jamaat people have begun spitting on the doctors from China and was asked to undergo COVID-19 33 NUJS Journal of Regulatory Studies Special Issue April 2020 test just because of her appearance though she had were trapped and they did not have any means to no symptoms of the deadly virus and was suffering return home xliii xl during the extension of the from a mild urinary tract infection . In a report lockdown shared by social activist and lawyer Alana Golmei, prevent the spread of disease are undoubtedly an incident took place in Vijay Nagar, Delhi, where laudable and brave, but the question may arise about a Manipuri woman who in her early 20s was teased the preparedness and use information system during by calling her “corona” and spat by a man in a two- the lockdown. While a section of the population is wheelerxli. and sitting safely behind their closed doors with the marginalisation is plaguing and weakening the option of working from home and other activities to solidarity India as a country had shown at the keep themselves occupied and maintain sanity, this beginning of the fight against the COVID-19. large set of population, who enjoy equal citizenship Such, feeling of resentment .The efforts of the Governments to right as any other enjoying higher socioeconomic While the lockdown measure, was a reflection of status, are struggling to survive. This set of the the government’s commitment to the preservation population is not well informed or educated or have of life and prevention from the spread of COVID- any form of security. The Governmental steps for 19, an oversight about the status of migrant workers spreading awareness are uniform and fail to take the and daily wage earners, seems to have become the comprehension capacity of the diverse target biggest violation of human rights and constitutional audience and their insecurities. The panic behaviour principles which Indian Constitution stands for. A amongst the people from higher socioeconomic significant share of the population with limited status leads to further distrust in the information means and education in their kitty has left their they receive. These people are just as scared as homes for urban and industrial areas in search of anyone else, maybe even more as they are far from work and undergoes daily struggle to survive and their loved ones and no means to reach them. The provide for dependents back home. Around 45 fear they share is not only for ‘today’ but also million migrant workers are left listless and clueless extends to their future, as per reports, approximately since the lockdown, some have started to reach their over 80% of the country’s daily wage workers are at hometown on foot with child on the shoulder, some constant fears of running out of food and other without a roof, some without means to purchase essential goodsxliv. “It is a matter of utmost fear and livelihood and most without job or means of concern that they will not be able to find work once livelihood or any form of securityxlii. There was a the lockdown ends, found Jan Sahas, which huge crowd of more than thousand migrant workers surveyed 3,196 migrant and daily wage workers were witnessed in the Bandra railway station, with across Northern and Central India between March only one demand from the government i.e. to make 27 and 29”xlv. Lockdown, a measure to ensure social provisions of sending them back home since they 34 NUJS Journal of Regulatory Studies Special Issue April 2020 distancing if have shown anything other than 4. Role of Lathi in the Pandemic prevention from the spread of the pandemicxlvi, is a collective apathy towards the situation “Responsibility works for hand in hand with of capacity and power”, quoted by Sir. J G migrantsxlvii. HOLLAND, which means when a particular Secularism, Principles against Racism, Equality, authority and Principles of Non-discrimination are the ethos responsibility it shall not only perform to its utmost upon which constitutional principles and human capacity but also keep in mind that it does not abuse rights are founded. The documents such as its conferred powers. The police force in any system Constitution, International Covenant on Civil and of governance has such great responsibility for Political Rights, 1966, (ICCPR) as well as the maintenance of law and order. Model Police Act, International Covenant on Economic, Social and 2006 states that the responsibility of Indian Police Cultural Universal personnel involves the quality of being accessible, Declaration on Human Rights, 1948 (UDHR) are interactive and dynamicxlviii. Police personnel has to not mere documents but were created to help the play multiple roles of helper, saviour, friend and citizens to live a fulfilling life. These principles are also refereexlix. It is one of the most demanding truly tested in a time when there is a crisis, the jobs, physically and mentally. Rights, 1966, (ICESCR), pandemic COVID-19 brought out the best of has been given a phenomenal With the outbreak of the pandemic COVID-19 and humankind, but such cruel acts of discrimination subsequent measure of lockdown brought forth a and marginalisation will always be remembered new nationwide challenge before the police even after the pandemic is over, unfair and personnel, to ensure social distancing all across discriminatory treatment, even to a handful, cannot India. While the individuals are obligated to stay be condoned as it shakes the foundation upon which indoors, here are these individuals who have to the humankind rests. People remember their ensure that there the population of over one billion experience in a difficult time, while some would are not on the street without pressing need and look back as better air quality, time spent with remain safe while they do that. Undoubtedly this is family, and being locked inside their homes and a daunting task, as India is comprised of the some would look back as the time when they were extremely diverse population. stranded in the street, with nowhere to go, nothing comfortable. Police personnel, armed with powers vested upon Unbeknownst to humankind, as discriminations in them by virtue of legislation such as The Epidemic various forms continue, the concept of social Diseases Act, 1897, the Disaster Management distancing slowly inches towards discrimination and Act, 2005 and the Indian Penal Code, 1860l at one point the line between them obliterates. started patrolling to ensure social distancing and to make them feel remotely 35 NUJS Journal of Regulatory Studies Special Issue April 2020 flatten the curve. The legislations entailed a undertaken by the police personnel to ensure social responsibility social distancing has no legitimacy or legal justification. distancing through penal provisions, The Disaster The most unfortunate element in this act is people Management Act,2005, provides that if a person treating the event as ‘normal’, in a civilised society, leaves his home premise for non-essential work and such acts of violence from state machinery can without any reasonable cause, obstruct the work of never be considered as normal. “Normalisation” an officer and does not comply with his direction is such behaviour will only be regressive in term of liable to impose with fine and/or imprisonment for human rights and constitutional principles. The up to 1 year. Furthermore, the violator can be under easiest method to make people stay behind closed section 1860 doors may be such violent and aggressive measures disobedience of order promulgated by a public but they are far from the ethos of human rights and servant. It is still blurred, on how and why the constitutional values. Lathi-charge, sit-ups, etc. police personnel felt that it is legally justified to employed by the police personnel, leads to both use force and use of lathi or baton on the citizens physical and mental agony and injures individual’s for coming out of their house and violating the dignity too which forms part of Article 21 of the lockdown. Several incidents are reported and Constitutionliii. It is rather unfortunate that Indian circulated over social media in the form of a police personnel still resort to measures from the photo, video, audio, text etc. showing use corporal colonial era to school citizens, with complete forces like lathis and batons to enforce the law. It disregard for provisions of constitutional rights. was reported that on 26.03.2020, that an When it comes to police brutality during COVID- individual named Sonu Shah, an essential service 19, it could be seen from the reported incidents that provider, driving a pickup truck driver ferrying the victims are from the lower socio-economic potatoes in Patna, Bihar refused police personnel to segment, the migrant who has embarked upon a bribe, and was shot at his footli. Incidents showing journey towards their hometown. It was reported sanitization of lathi as “full tayari” for ensuring that in Bareilly, Uttar Pradesh, the officials were 188 of of maintaining Indian Penal the Code, lii lockdown , numerous other videos police personnel asked to sanitize the buses, whereas they out of beating and schooling are being circulated, it was “over-enthusiasm” made the frustrated migrant also seen that the bystanders who engaged in workers sit on the road with their eyes closed, while shooting such incidents found these events funny or they were bathed with disinfectant and sodium righteous, a large section of the society who were hydrochloride or bleachliv. not victims of such brutal acts and corporal Owing to these incidents reflecting abuse of power punishment felt these measures being a justified action. These form corporal measures a plea was filed before Hon’ble Madras High Court, are seeking directions to be issued to the police 36 NUJS Journal of Regulatory Studies Special Issue April 2020 personnel for refraining from violation of human ARMT model and essentially customize awareness rights and fundamental rights, while trying to help content created by keeping the target audience in lv the nation to flatten the curve . The Hon’ble High mind; else no show of solidarity can be truly Court issued a notice to the please and stated that a realised. Furthermore, a diverse country like India sympathetic, balanced and humane approach must finally came united against the COVID-19, and was be adopted by the Police Administration in this fight a ray of hope, for brighter future and the possibility against the pandemiclvi. If India does not address the of truly united India irrespective of the diversity and issue of corporal measures administered by police differences, or it appeared so. The reaction towards service without the mandate of law during such a Tablighi jamaat incident, discrimination against crisis, then the whole basis of human rights and people from the northeast part of India and apathy constitutional principles must be questioned. towards the migrants, and the police behaviour showed that the solidarity India exhibited at the 5. Conclusion initial stage of the fight-back is not absolute, rather Humankind collectively is the victim of COVID-19. on occasion have been violative of human rights The global pandemic has brought questions upon and constitutional principles. A victory which science, infrastructure, involves marginalisation, discrimination, abuse and economy, international law, international relations, humiliation of a country’s citizen in the hands of and human life amongst others. These questions are their fellow citizens, would leave an indelible mark yet to be resolved -- brilliant minds in the fields of that will decades to erase. technology, medical health, politics, sanitation, police, media, etc. are all Souvik Mukherjee is a Research Associate at CRSGPP & Research Scholar, West Bengal National University of Juridical Sciences, Kolkata. relentlessly working to save humankind. In the midst of all of this, the most essential factor is the information. The circulation of questionable Abhra Jena is a 5th Year Student, Amity Law School, Kolkata information is a greater threat to humankind than the virus itself. The information system has the power to create the right knowledge to make Vikramjit Mullick is a 5th Year Student, Amity Law School, Kolkata. humankind progress. However, the process of information dissemination is substantially vitiated i due to questionable content, and the same needs to History and Recent Advances in Coronavirus Discovery Jeffrey S. Kahn, MD, PhD,* and Kenneth McIntosh, MD† ii ‘Internet usage in India’accessed 16 April 2020 iii ‘India social media users 2023’ accessed 16 April 2020 be addressed collectively. To successfully address the pandemic, the humankind needs to have genuine information system without offline and online misinformation and address the issue through 37 NUJS Journal of Regulatory Studies Special Issue April 2020 iv Administrative Law' (01 April 2020) < https://arxiv.org/pdf/2003.13907.pdf> accessed 17 April 2020 xvi ' Hydroxychloroquine: how an unproven drug became Trump’s coronavirus \'miracle cure\'' https://www.theguardian.com/world/2020/apr/06/hydroxychlo roquine-trump-coronavirus-drug> accessed 17 April 2020 xvii CHRISTIAN PAZ APRIL 9, 2020, 'All the President’s Lies About the Coronavirus An unfinished compendium of Trump’s overwhelming dishonesty during a national emergency' (09 April 2020) accessed 17 April 2020 xviii Abhay Kumar, 'Bihar man beaten to death for informing about COVID-19 suspects' (31 March 2020) < https://www.deccanherald.com/national/east-andnortheast/bihar-man-beaten-to-death-for-informing-aboutcovid-19-suspects-819595.html> accessed 17 April 2020 xix Business Standard, 'Letter to BS: Religious discrimination of workers amid pandemic is inhuman' (16 April 2020) < https://www.business-standard.com/article/opinion/letter-tobs-religious-discrimination-of-workers-amid-pandemic-isinhuman-120041600026_1.html> accessed 17 April 2020 xx Misinformation, Distrust May Contribute to Black Americans\' COVID-19 Deaths' (10 April 2020) < https://www.npr.org/2020/04/10/831480462/misinformationdistrust-may-contribute-to-black-americans-covid-19-deaths> accessed 17 April 2020 xxi Julie Posetti, Cherilyn Ireton, Claire Wardle, Hossein Derakhshan, Alice Matthews, Magda Abu-Fadil, Tom Trewinnard, Fergus Bell, AlexiosMantzarlis, ' Journalism, \'Fake News\' & Disinformation' (2018) < https://en.unesco.org/sites/default/files/journalism_fake_news _disinformation_print_friendly_0.pdf> accessed 17 April 2020 xxii 'Man shot in leg, another arrested for violating lockdown in Karnataka' (26 April 2020) < https://bangaloremirror.indiatimes.com/bangalore/others/manshot-in-leg-another-arrested-for-violating-lockdown-inkarnataka/articleshow/74821973.cms> accessed 17 April 2020 ' Coronavirus lockdown in India: ‘Beaten and abused for doing my job’' (28 March 2020) < https://www.bbc.com/news/world-asia-india-52063286> accessed 17 April 2020 xxiii UP migrant workers given ‘chemical bath’ in \'disinfection\' exercise' (30 March 2020) < https://www.newindianexpress.com/nation/2020/mar/30/watch -disinfectant-chemical-sprayed-on-migrants-on-return-to-upsbareilly-2123448.html> accessed 17 April 2020 xxiv SIMRIN SIRUR, ' Beaten, abused, spat on’: People from Northeast endure racist slurs amid coronavirus panic' (25 March 2020) < https://theprint.in/india/beaten-abused-spat-onpeople-from-northeast-endure-racist-slurs-amid-coronaviruspanic/387716/> accessed 17 April 2020 xxv https://pib.gov.in/factcheck.aspx xxvi ' How is Facebook addressing false news through thirdparty fact-checkers?' (2020) < https://www.facebook.com/help/1952307158131536> accessed 17 April 2020 xxvii Jon Roozenbeek& Sander van der Linden, 'Fake news game confers psychological resistance against online Steven Stalinsky, ' What Jihadists Are Saying About the Coronavirus' (April 5, 2020) accessed 16 April 2020 v Lisa Singha, Shweta Bansala, Leticia Bodea, CerenBudakb, Guangqing Chic, KornraphopKawintiranona, Colton Paddena, Rebecca Vanarsdalla, Emily Vragad, YanchenWanga, 'e.g. Administrative Law' (01 April 2020) < https://arxiv.org/pdf/2003.13907.pdf> accessed 16 April 2020 vi UrviMalvania, ' Coronavirus outbreak: Awareness advertisements flood TV screens' ( 19 March 2020) < https://brandequity.economictimes.indiatimes.com/news/adver tising/coronavirus-outbreak-awareness-advertisements-floodtv-screens/74665815> accessed 16 April 2020 vii ' Radio channels come together to bring COVID-19 stories, have banter on Twitter' (13 April 2020) < https://www.livemint.com/news/india/radio-channels-cometogether-to-bring-covid-19-stories-have-banter-on-twitter11586772844751.html> accessed 16 April 2020 viii ' Help us Help You' < https://www.mohfw.gov.in/pdf/ProtectivemeasuresHin.pdf; https://www.mohfw.gov.in/pdf/ProtectivemeasuresEng.pdf> accessed 16 April 2020 ix Dr. Ravindra Khaiwal; Dr. Suman Mor, ' Kids, Vaayu and Corona 2: Can We Defeat Pandemic'< https://www.mohfw.gov.in/pdf/CoronaComic2PGIPU22Mar2 0.pdf> accessed 16 April 2020 x Ministry of Health and Family Welfare, Government of India, ' How to communicate with COVID-19 suspected or confirmed cases? < https://www.mohfw.gov.in/pdf/LeafletGHFandDHGA.pdf> accessed 16 April 2020 xi ' Coronavirus AV Products' ( ) accessed 16 April 2020 xii ' Coronavirus: FIR against 66,000 people for violating lockdown, informs Delhi Police PRO' (04 April 2020) accessed 17 April 2020 xiii Mirror Now Digital, ' Another Tablighi Jamaat shocker! Attendees object to COVID-19 testing; put hospital staff at risk'https://www.timesnownews.com/mirror-now/infocus/article/another-tablighi-jamaat-shocker-attendees-objectagainst-testing-put-hospital-staff-at-risk/572880> accessed 17 April 2020 xiv Shemin Joy, '\'Send us back home\': Stranded migrant workers in Delhi' (28 March 2020/) < https://www.deccanherald.com/national/send-us-back-homestranded-migrant-workers-in-delhi-818656.html> accessed 17 April 2020 xv Lisa Singha, Shweta Bansala, Leticia Bodea, CerenBudakb, Guangqing Chic, KornraphopKawintiranona, Colton Paddena, Rebecca Vanarsdalla, Emily Vragad, YanchenWanga, 'e.g. 38 NUJS Journal of Regulatory Studies Special Issue April 2020 misinformation' (25 June 2019) < https://www.nature.com/articles/s41599-019-0279-9> accessed 17 April 2020 xxviii Ibid xxix Zoe Kleinman, ' Fake news \'travels faster\', study finds' ( 09 March 2018) < https://www.bbc.com/news/technology43344256> accessed 17 April 2020 xxx Karishma Nandkeolyar, ' COVID-19: India lights candles in a show of solidarity against coronavirus' (05 April 2020) accessed 17 April 2020 xxxi ' Coronavirus: Indians bang pots and pans to support fight' ( 22 March 2020) < https://www.bbc.com/news/av/world-asiaindia-51997699/coronavirus-indians-bang-pots-and-pans-tosupport-fight> accessed 17 April 2020 xxxii Ahmedabad Mirror, 'Sick-ular in times of corona' (02 April 2020) < https://ahmedabadmirror.indiatimes.com/ahmedabad/coverstory/sick-ular-in-times-of-corona/articleshow/74939907.cms> accessed 17 April 2020 xxxiii Deepshikha Ghosh, 'What Social Distancing? HD Kumaraswamy\'s Son\'s Wedding Draws Scrutiny' (17 April 2020) < https://www.ndtv.com/karnataka-news/nikhilkumaraswamy-wedding-mega-kumaraswamy-wedding-dayin-karnataka-amid-covid-19-scrutiny-warning-2213255> accessed 17 April 2020; Nagarjun Dwarakanath , ' Aiyo! BS Yediyurappa ignores own coronavirus advice, attends wedding with 2,000 guests' (16 March 2020) https://www.indiatoday.in/india/story/coronavirus-bsyediyurappa-attends-wedding-with-2000-guests-16560412020-03-16> accessed 17 April 2020 xxxiv Press Trust of India, ' UP Man Throws Party For Son\'s Birthday Amid Lockdown, Case Filed' ( 16 April 2020) < https://www.ndtv.com/india-news/man-throws-party-for-sonsbirthday-amid-lockdown-in-ups-gorakhpur-case-filed2213107> accessed 18 April 2020 xxxv BILLY PERRIGO, ' It Was Already Dangerous to Be Muslim in India. Then Came the Coronavirus' ( 03 April 2020) < https://time.com/5815264/coronavirus-india-islamophobiacoronajihad/> accessed 18 April 2020 xxxvi Ahmedabad Mirror, 'Sick-ular in times of corona' (02 April 2020) < https://ahmedabadmirror.indiatimes.com/ahmedabad/coverstory/sick-ular-in-times-of-corona/articleshow/74939907.cms> accessed 17 April 2020 xxxvii ' Coronavirus conspiracy theories targeting Muslims spread in India' (2020) < https://www.theguardian.com/world/2020/apr/13/coronavirusconspiracy-theories-targeting-muslims-spread-in-india> accessed 18 April 2020 xxxviii Jeffrey Gettleman, Kai Schultz and Suhasini Raj, ' In India, Coronavirus Fans Religious Hatred' (12 April 2020) < https://www.nytimes.com/2020/04/12/world/asia/indiacoronavirus-muslims-bigotry.html> accessed 18 April 2020 xxxix Priyali Sur, CNN, ' Under India\'s caste system, Dalits are considered untouchable. The coronavirus is intensifying that slur' (16 April 2020) < https://edition.cnn.com/2020/04/15/asia/india-coronaviruslower-castes-hnk-intl/index.html> accessed 18 April 2020 xl KIMI COLNEY, ' Indians from the northeast face intensified racism as coronavirus fears grow' (e.g. 03 April 2020) < https://caravanmagazine.in/communities/coronavirusincreases-racism-against-indians-from-northeast> accessed 18 April 2020 xli India Today Web Desk, ' Verbally abused, spat at, harassed: Northeastern citizens come under attack amid coronavirus panic' (23 March 2020) < https://www.indiatoday.in/india/story/verbally-abused-spat-atharassed-northeastern-citizens-come-under-attack-amidcoronavirus-panic-1658826-2020-03-23> accessed 18 April 2020 xlii RAVI AGRAWAL, ' India’s Lockdown Helps Its Rich but Ignores Its Poor' (31 March 2020)) < https://foreignpolicy.com/2020/03/31/india-lockdown-helpsrich-ignores-poor-coronavirus-public-health/> accessed 18 April 2020 xliii ' Coronavirus lockdown in India: Crowd of migrant workers chased out of Mumbai station' (2020) < https://www.dw.com/en/coronavirus-lockdown-in-indiacrowd-of-migrant-workers-chased-out-of-mumbai-station/a53127613> accessed 18 April 2020 xliv ManaviKapur, ' Lockdown is only the beginning of misery for India’s migrant labourers' (07 April 2020) < https://qz.com/india/1833814/coronavirus-lockdown-hitsindia-migrant-workers-pay-food-supply/> accessed 18 April 2020; ' India\\\'s poorest \\\'fear hunger may kill us before coronavirus\\' (25 March 2020) < India\'s poorest \'fear hunger may kill us before coronavirus\'> accessed 18 April 2020 xlv ManaviKapur, ' Lockdown is only the beginning of misery for India’s migrant labourers' (07 April 2020) < https://qz.com/india/1833814/coronavirus-lockdown-hitsindia-migrant-workers-pay-food-supply/> accessed 18 April 2020; ' India\\\'s poorest \\\'fear hunger may kill us before coronavirus\\' (25 March 2020) < India\'s poorest \'fear hunger may kill us before coronavirus\'> accessed 18 April 2020 xlvi SANDHYA RAMESH and MOHANA BASU, ' R0 data shows India’s coronavirus infection rate has slowed, gives lockdown a thumbs up' (14 April 2020) < https://theprint.in/science/r0-data-shows-indias-coronavirusinfection-rate-has-slowed-gives-lockdown-a-thumbsup/399734/> accessed 18 April 2020 xlvii Subir Roy, ' Appalling apathy towards migrant workers' (02 April 2020) < https://www.thehindubusinessline.com/opinion/columns/appal ling-apathy-towards-migrant-workers/article31229582.ece> accessed 18 April 2020 xlviii https://shodhganga.inflibnet.ac.in/bitstream/10603/21078/1 0/11_chapter%202.pdf xlix Ibid l Jehosh Paul, ' An explainer on the legal sanctions governing police actions during the Coronavirus lockdown' (28 March 39 NUJS Journal of Regulatory Studies Special Issue April 2020 2020/) < https://www.barandbench.com/columns/an-explaineron-the-legal-sanctions-governing-police-actions-during-thebattle-against-covid-19> accessed 17 April 2020 Anisha Sircar, ' India’s coronavirus lockdown is bringing out the worst in its police force' (28 March 2020/) < https://qz.com/india/1826387/indias-coronavirus-lockdownbrings-police-brutality-to-the-fore/> accessed 18 April 2020 lii Trends Desk, ' Video of cops sanitising lathis to school people flouting lockdown goes viral' (25 March 2020) < https://indianexpress.com/article/trending/trending-inindia/video-of-cops-sanitising-lathis-to-school-peopleflouting-lockdown-goes-viral-6329853/> accessed 18 April 2020 liii Radhika Roy, 'No justification for police brutality against persons during lockdown' (27 March 2020) < https://www.livelaw.in/columns/no-justification-for-policebrutality-against-persons-during-lockdown-154389> accessed 18 April 2020 liv Vatsala Gaur, ' UP out comes under sharp attack after video of migrant workers being sprayed with disinfectant goes viral' (30 March 2020) < https://economictimes.indiatimes.com/news/politics-andnation/up-govt-comes-under-sharp-attack-after-video-ofmigrant-workers-being-sprayed-with-disinfectant-goesviral/articleshow/74897189.cms?utm_source=contentofinteres t&utm_medium=text&utm_campaign=cppst> accessed 18 April 2020 lv Mohamed Ghouse v The Principal Secretary to the Government, TN and ors; ML Ravi v. Chief Secretary, Govt of Tamil Nadu and ors. lvi Meera Emmanual, ‘PIL for guidelines to ensure that Police do not infringe human rights during COVID-19 Lockdown: Madras HC issues notice.’ accessed on 18 April 2020 li 40 NUJS Journal of Regulatory Studies Special Issue April 2020 The ‘Surge’ in Domestic Violence: A Gendered Study of COVID-19 Vijoy Kumar Sinha and Sanghamitra Baladhikari of violence with an historical insight and the Abstract redressal measures. The devastating outbreak of COVID-19, apart from magnifying the broader concerns of economy, Keywords: Domestic Violence, Gender, COVID-19, health, social conflicts, has amplified the rising Crime, Law concerns of gender-based violence against women. Position of Women during Pandemics-Through While tracing existing research on ‘Pandemics’, it the Feminist Lens is concluded that the outbreaks of such diseases derail the primary function and goal of feminism. At The history of women’s vulnerabilities in the social, the outset of COVID-19, various national and cultural, economic and, most importantly, the international organizations anticipated a surge in domestic spheres is deeply structured within the the statistics of violence against women and patriarchal crux of the society. The United Nations children, both being the vulnerable groups of the have responded to the consequences of the surge in society. In times of economic uncertainty, societal domestic unrest, pandemics pave the way for exaggerating acknowledge women’s safety as the nation respond the dynamics of the forms of violence. One such to the pandemic. In the United States of America, a form of interpersonal gender-based violence is study conducted by the National Domestic Violence domestic violence. Nations across the globe are Hotlinei identified various instances where the adopting measures to address this issue. Many perpetrators of violence in times of COVID-19 used actions have authorized, such as social distancing, the fear, anticipation and trepidation of the ‘virus’ to a and manifold the threat in isolating the victim, making employment sectors and restricting travel. But almost 40 percent of the women under lockdown, as unfortunately, on one side where the lockdown is extremely vulnerable to the acts a domestic perceived as a national and international weapon to violence. complete shutdown of educational violence by stating the need to curb the concerns arising from COVID-19, the The paper aims to locate the mechanisms towards other side of the reflects a more menacing consequence, appearing post-lockdown. violence against women that are identified through In the the given illustration. There an urgent need to midst of constant isolation, increased number of decipher the mechanisms behind the surge in domestic violence cases is reported. The paper aims domestic violence because it will help the to trace the possible mechanisms behind the surge 41 NUJS Journal of Regulatory Studies Special Issue April 2020 government and the policymakers to address the General Secretary of National Federation of Indian root mitigation Women (NFIW), Annie Raja affirmed that the measures, during and in the aftermath of the setback is that the government authorities have not ‘pandemic preparations. considered is the impact of the imposition of the causes and thereby develop lockdown on families, which are extremely feudal and dogmatic. The role of women within the household, according to the Marxist philosophy, is not acknowledged as productive in nature or Economic insecurities considered to be the ‘unpaid labour’; thus, the constant surveillance of the patriarchs of the household in the lockdown doubly marginalizes More exposure to exploitative relationships Quarantine and social isolation women. The consequences of the pandemic, therefore, has branded the family as a fundamental site of abuse, especially families that are considered subordinate to the social class hierarchy, such as the Inability to escape abusive households Reduced access to helpline support Dalits or economically backward. Covid-19 and Domestic Violence Through the Fig 1: Mechanisms towards domestic violence in the Legal Lens lockdown period. Domestic violence is a form of gender-based Feminist activists have stated the role of women violence during the domestic sphere has significantly risen in times of COVID-19. The World which constitutes current report of the National Crime Records Bureau, in 2018, there was100,636 cases reported women in exploitative and abusive relationships is be exposed to women, discrimination against women. According to the Health Organisation recognizes that in this familial space, likely to against by women for cruelty by the husband or his domestic violence relatives.ii Recently, the National Commission for significantly as there is a lack of spatial difference Women affirmed that they have received 239 emails among the family members and they are perpetually regarding domestic violence between 23rd March in close proximity coping with ancillary economic and 16th April, 2020 (the immediate week to the and psychological conflicts. Except for this, women inception of the lockdown period) during a losing their jobs against the backdrop of COVID-19 pandemic situation.iii The state government of becomes a reason for their lack of financial stability Kerala and Punjab have also taken cognizance of and they are further marginalized into domestic this alarming trend. vulnerabilities and isolation. Thus, increasing the menacing atmosphere of a patriarchal home. The 42 NUJS Journal of Regulatory Studies Special Issue April 2020 perpetrator of domestic violence. The subsequent increase in alcohol consumption and lack of indulgence in constructive activities is also traced as one of the reasons behind the shaping of genderbased violence. From the international perspective, article 7 of the International Covenant on Civil and Political Rightsix acknowledges the right ‘to not be subjected to torture or to cruel, inhuman or degrading Fig. 2: – Source: https://qz.com/india/1838351/indias- treatment or punishment’. Adhering to the global coronavirus-lockdown-leads-to-more-violence-against- initiatives of protection against violence, to protect women/ the women from such types of abuse, Protection of Globally, the countries are witnessing pitch in Women from Domestic Violence Act, 2005,x was domestic violence cases, which lead United Nations passed Secretary-General Antonio Guterres to appeal to all Government of India. Previously, this Act defined the governments of all the nations to give attention that domestic violence could take on various things and prevent a “horrifying global surge in domestic like physical, emotional, verbal, sexual or economic violence” in lockdown measures. iv by the legislative body under the The United violence. But, in April 2013, the parliament States National Domestic Violence Hotline has amended the law and incorporated new categories received more than 2000 calls since March, 2020, of offenses and made the punishment more severe. reaching out for help as victims of domestic There is also another law to protect the women from violence.v Other nations such as Lebanon and these types of cruelty like the Criminal Law Malaysia have reported domestic violence via their (Amendment) Act, 2013xi and the Scheduled Castes helpline numbers since the pandemic started.vi In and Scheduled Tribes (Prevention of Atrocities) China, the calls have been tripledvii, whereas Spain Act.xii has noted that there has been a 47% increase in the Human Rights Watch has reported that sometimes women feel threatened to report the number of calls within the first two weeks of April, attacks in anticipation of being stigmatized. They 2020 in comparison to last years’ records.viii In also feel that they will not able to able to prevail some of the countries, it is noticed that there is a over from these institutional barriers in a criminal drop in the calls recorded by the domestic violence justice system that offers no security to victims or help lines. The reason behind this is the threat witnesses. Even if they show courage to report prevailing in the household and consequently, calls about the abuse, some unhelpful officers deny filing are disconnected, or victims cannot reach out an FIR, which is the first step to initiate a police because they are under constant control of the 43 NUJS Journal of Regulatory Studies Special Issue April 2020 investigation. This type of incident happens if identification, and the ways to deal with it during victims belong from economically or socially lockdown. marginalized communities. Conclusion To overcome the fatality of domestic violence, In India the predicament of domestic violence has several nations across the globe have introduced increased but is often not even looked as violence. new ways to curb this surge of domestic violence. Women have been conditioned in such a way that For example, the French government has decided to they have accepted the violence as a daily event. redress towards the victims of this crime by placing One of the major limitations that the makers of them in the hotel rooms and initiated open mitigation strategies against COVID-19 is that there counselling centres in grocery stores. The Spanish is a lack of comprehensive planning on the part of government has started a campaign by keeping all the Indian government to provide aid and assistant the helpline numbers open supporting women to to several non-governmental organisations as they raise their voices against the violence during the are unable to go beyond web counselling and lockdown. The South African government has taken telephonic assistance. The environment arising due the decision to keep the court open for urgent to the virus is forcing women to be relegated within protection orders. Active texting line through which the coercive and abusive domestic space. It is victims can get help is also a part of the judicial therefore imperative for the world and the decision- strategies in combating the dangers risen due to makers to oblige this situation as important as the COVID-19. other point of address such as economy and health The Indian government has communicated a and thereby direct strategies to tackle the desolation helpline from a distance. number at the district level and psychologists for counselling. They also are taking Vijoy Kumar Sinha is a Research Assistant at Centre for Regulatory Studies, Governance and Public Policy, The West Bengal National University of Juridical Sciences, Kolkata. complaints via social media applications such as ‘WhatsApp’.xiii They vigilance panelxiv, which is keeping track of these cases, is offering counsel to the offending husband. If the counselling doesn’t Sanghamitra Baladhikari is Research Scholar at St. Xavier’s University, Kolkata and Research Assistant at Centre for Regulatory Studies, Governance and Public Policy, The West Bengal National University of Juridical Sciences, Kolkata. help, then they will be sent for the institutional quarantine. The vigilance panel is further keeping track of the pregnant women and lactating mothers so that they can receive an uninterrupted supply of essential items.xv A community radio program has been initiated awareness in about Uttar Pradesh, domestic generating violence, its 44 NUJS Journal of Regulatory Studies Special Issue April 2020 References i politics-and-nation/india-witnesses-steep- National Domestic Violence Hotline is a 24- hour confidential service for survivors, victims and those affected by domestic violence. It advocates to the issues that the victims face via online methods such a chats, free confidential calls. ii For more details, see, https://ncrb.gov.in/sites/default/files/crime_in_india_table_add itional_table_chapter_reports/Table%203A.2_0.pdf (last accessed 28/04/2020; 4:00 P.M.) iii For more details, see, https://www.deccanherald.com/specials/insight/coronaviruscrisis-no-lockdown-for-domestic-violence-829941.html (last accessed 28/04/2020; 4:30 P.M.) iv For more details, see, https://www.aljazeera.com/news/2020/04/locked-abusersindia-domestic-violence-surge-200415092014621.htm l (last accessed 28/04/2020; 3:00 P.M.) v For more details, see, https://thediplomat.com/2020/04/indias-shadow-pandemic/ (last accessed 28/04/2020; 7:00 P.M.) vi Ibid. vii Ibid. viii For more details, see, https://www.theguardian.com/globaldevelopment/2020/apr/28/three-women-killed-in-spain-ascoronavirus-lockdown-sees-rise-in-domestic-violence (last accessed 28/04/2020; 5:00 P.M.) ix International Covenant on Civil and Political Rights is a multilateral treaty adopted by United Nations General Assembly Resolution in the year 1966. The treaty acknowledges humanitarian and political rights of citizens across globe such as right to life, right to personal integrity, right to individual liberty, etc. x Protection of Women from Domestic Violence Act, 2005 xi Criminal Law (Amendment) Act, 2013 xii Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. rise-in-crime-against-women-amid- xiii 1. https://ncrb.gov.in/sites/default/files/crime_i n_india_table_additional_table_chapter_rep orts/Table%203A.2_0.pdf 2. https://www.deccanherald.com/specials/insi ght/coronavirus-crisis-no-lockdown-fordomestic-violence-829941.html 3. https://www.aljazeera.com/news/2020/04/lo cked-abusers-india-domestic-violencesurge-200415092014621.html 4. https://thediplomat.com/2020/04/indiasshadow-pandemic/ 5. https://www.theguardian.com/globaldevelopment/2020/apr/28/three-womenkilled-in-spain-as-coronavirus-lockdownsees-rise-in-domestic-violence 6. International Covenant on Civil and Political Rights 7. https://economictimes.indiatimes.com/news/ For more details, see, https://economictimes.indiatimes.com/news/politics-andnation/india-witnesses-steep-rise-in-crime-against-womenamid-lockdown-587-complaints-receivedncw/articleshow/75201412.cms (last accessed 28/04/2020; 5:00 P.M.) xiv Vigilance committee consists of women from three agencies: Women and Child Department, anganwadi workers and self-help groups of gram panchayats. xv For more details, see, https://www.thehindu.com/news/national/otherstates/coronavirus-lockdown-pune-zilla-parishad-plans-toughaction-to-check-domestic-violence/article31371216.ece (last accessed 28/04/2020; 5:00 P.M.) lockdown-587-complaints-receivedncw/articleshow/75201412.cms 8. https://www.thehindu.com/news/national/ot her-states/coronavirus-lockdown-pune-zillaparishad-plans-tough-action-to-checkdomestic-violence/article31371216.ece 9. Protection of Women from Domestic Violence Act, 2005 10. Criminal Law (Amendment) Act, 2013 11. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 45 NUJS Journal of Regulatory Studies Special Issue April 2020 COVID-19 and Global Order: Issues for Global Cooperation Udayan Das Abstract interdependent. If one draws this observation With the engines of globalisation coming to halt, the further, the conclusion is that security and ecology state becoming a primary agency in the distribution are intertwined. In sharp contrast to this is the of public goods and a container of society, the response to the pandemic. While the effect has been charges on global cooperation has been of power global, the response has been national in terms of ridden its scale. An available evidence of this is the shutting sustenance in the future. The present article intends down of borders, grounding of international travel, to do three things. First, it seeks to locate the suspension of maritime operations and disruption of problem at hand and contextualise the pandemic the global value chains. and the lack of international cooperation. Second, Where do these two observations lead us? Plethora following from the context, the article situates the of writings are claiming that the state is back in problem through the theoretical paradigms of neo- international relationsi. Borders are back in the realism and neo-liberal institutionalism, both game sovereignty is paramount again and monopoly sharing a synthesis of core principles – centrality of of the state over public goods is unquestioned. This state and anarchy of the international setup. resurrection of the state directly questions the Finally, the article puts forward two issues – principles of globalisation which altered the information sharing and human security, on which primacy of the state. The high tide of globalisation future multilateral cooperation might depend on, had several questions on the primacy of the state as however, with considerable questions. the only actor at the global level. Through the There ineffectiveness are two with very questions rudimentary, of transnational albeit autonomy, were challenged. Globalisation made extremely rapid. A common sensical factor here is borders more fluid, sovereignty more contested and that the spread of the virus depends upon a carrier, autonomy more shared. It also presented the case which in this case been the human agent. existing templates and components of the state – borders, sovereignty and dimensions – intensity, time and scale, has been the international terms of cultural and social capital, the essential the spread of Coronavirus in terms of three into flows, multinational organisations, increasing fluidity in contradictory, observations to start off with. First, Channelized capital that with growing interdependence, the world is of now looking at global problems demanding global connectivity, the spread has been rampant. The solutions. obvious deduction being that the global capital, citizens, value chains are intrinsically connected and 46 NUJS Journal of Regulatory Studies Special Issue April 2020 The response to the pandemic, however, has put globalisation rhetoric have been characterised by many of those strands of thought under considerable several other states as well, prominent among them doubts. Under this crisis and owing to the risks of being the Brexit. This trend has been complimented transmission, the engines of the globalisation are the by a rise of ‘strongmen’ leadership, exemplified by first to be closed and the borders have been sealed. Erdogan in Turkey, Orban of Hungary and The nations are on themselves. The state is back in Bolsonaro of Braziliv. Parallel to this is the gradual terms of solely devising its policies, being the transformation of the structure of world power in container of the society and the most significant terms of declining and rising powers. With a actor in international relations. That does not mean arguably declining United States is a simultaneously that the other scales of responses – regional and rising China, added with the rest as well, indicating global are absent. However, there have been to a change in the nature of distribution of power significant questions on the future of multilateral and order in the international systemv. institutions given the fact that they have not The point of this context is to argue that the changes responded well in the times of crisis and have been that are being debated and hotly contested in terms largely ineffective. If states are for themselves and of global cooperation are not solely the products of multilateral institutions are ineffective, what is the COVID–19 alone but is a manifestation of future of international cooperation? continuing and lingering factors in the global arena that has been pushed off the edge by the catalytic COVID and Cooperation effect of this pandemic. Before assessing the claims against international cooperation, a primer of the recent trends in The ineffectiveness of global cooperation can be international relations is essential. First among the understood through five key aspects. First, the states key trends are the already existing and growing have not been able to coordinate and act on the level voices of anti-globalisation in the worldii. A chief beyond the nation-state. World leaders have made proponent of this has been American President symbolic utterances about a global resolution of the Donald Trump. His ideation and praxis have problem and advocating for more cooperation at the deviated the American grand strategy with a regional and global level, but that has not been considerable a turn. Snapping ally commitments, translated into substance in terms of any concrete withdrawing from significant multilateral treaties measures and engagements along with the anti-migrant mudslinging within the states has been another chief rhetoric has led a different direction to the factor that has hindered cooperation. China has been iii and commitmentsvi. Second, the American foreign policy from the past years . One on the receiving end of this being the epicenter of can argue that this mix of insulation and anti- the pandemic. The US- China rivalry was at display 47 NUJS Journal of Regulatory Studies Special Issue April 2020 with the American President Donald Trump Principles Positions: Neo – Realism and Neo- alleging that the spread of the virus is to the credit Liberal Institutionalism of China’s reluctance and irresponsibility. Naming There are certain core assumptions that we can draw it as the “Chinese Virus” is also a part of the from the problem that has been discussed. States stigmatisation at a global levelvii. Fourthly, the have undoubtedly been positioned as the primary international organisations or the multilateral actors at the global scene. The second aspect that institutions are ridden with power politics that is underscores this lack of cooperation in global representative of the international order and its governance is the driving principle of anarchy in the power balance. The UN Security Council has been international order. With the global value chains unable to produce any constructive resolution disrupted, the global order represents the Hobbesian because of the Chinese attempts at defecting any model of ‘war of all against all’. Actions have been call on the situation. However, this is a continuation marked by securing national supplies first at any of the exiting character of the international cost and any relationship has been a result of a organisation for some decades now. The UN material and transactional exchange. With the Security Council was earlier turned into an exception of China’s deliverables in certain cases, institutional collateral damage in terms of its most transactions have been driven by other means functioning because of the US-USSR Rivalry than that of cooperation alone. In such a case, what during the Cold War years. In this case, there have has international relations to offer in situating the been considerable apprehensions on how the World prospects of cooperation? Health Organisation (WHO) has sided with China in terms of disguising dataviii. Finally, a considerable The problem here overlaps with the shared clout of the international organisations is dependent assumptions of two schools of thought who have on the financial capital and leadership bestowed by their own models of cooperation to offer – neo the member states. Post-Cold War international realism and neo-liberal institutionalism. Both the order in this sense has been characterised by US models have an abiding acceptance to a set of basic leadership, more so categorised as the leadership of principles, the West. With the American foreign Policy rationalism. Both the traditions believe that the state withdrawing from its erstwhile role and the EU as is the primary actor and anarchy is the principle that well losing its earlier salience of multilateral governs the international order. However, the cooperationix and turning unstable, the international reasons and model of cooperation that they provide organisations are starkly dissimilarxi. are losing financial clout and leadership directionx. clubbed under the umbrella of Neo-Realism explains cooperation through the model of balance of power. In a model of self-help, 48 NUJS Journal of Regulatory Studies Special Issue April 2020 analogous to a billiard pool-table, states cooperate norms and structures, while French President by balancing against the bigger power through Emmanuel Macron has advocated for a rethink on advancing its own capabilities (internal balancing) multilateralism, starting with EU, stressing on or forming alliances (external balancing)xii. Neo- common benefits of cooperation and the need for Realism stresses on the fact that international humilityxiii. The jury remains divided as these are politics is largely a game of power and states always contrary positions which do not reconcile would look to gather and maximise power for their compete with each other. The next section explores survival as they are unsure of what the other states on which issues these debates would linger post- might do. Cheating and deception being the COVID. mainstays of the game, the states are practically on Issues and Trajectories their own and they behave rationally in terms of augmenting their security from others who are On what issues will cooperation and the ensuing potential threats. In the process of this, states might debates of these two positions happen? There are find suitable, but changing allies, to balance against two issues on which the debates would linger in the the potential threats. situation that we stand as of now–information game and human security. On the other hand, neo-liberal institutionalism holds that with the growing capital flows, the duality of Globalisation has ensured that the speed and economic merit and globalisation has produced an intensity of interactions and flows are rapid. interdependence of states on each other. Therefore, Information has become the chief currency of these they agree with the realist school of thought that network societies. Even if territoriality has not been states are primary but they part ways in believing unbundled, the conception of territory has gradually that cooperation can exist between states and changed. Information seeps through borders and institutions can prevail which talks about absolute now control over networks is considered even more and long-term gains between states. vital than control over spatially marked territoryxiv. The rampant spread of the Coronavirus underscores With the continuing factors aggravated and how important information sharing is at a regional accentuated by COVID-19, the present international order stands in contestation between and international level. Since any threat of the these present era would wrap the ‘shrunk’ world, principled positions. While the evidence suggests a information remains a key in terms of any response. balance tilted in the favour of the realist logic, there That relates to information transparency at two have been also assurances in favour of restoring faith on multilateral institutions. levels – within the states (information flow and American transparency between the state and the people) and President Trump has openly flouted international outside the states (including a web of inter-state 49 NUJS Journal of Regulatory Studies Special Issue April 2020 cooperation along with non state actors). Neo- states goes to translate that they would not vouch Liberal Institutionalism would argue that such for a robust information sharing mechanism. For information sharing would increase confidence democracies, they are more adept in subtleties of building among the states, reduce transaction costs, hiding build long term commitments and norms and Therefore, even if this issue becomes a latent factor ultimately make states more secure. Realist logic for cooperation, the content of information and the would extent of it becomes important as the mechanism be undoubtedly be apprehensive of such. The information sharing would only be within be divisive audiencesxvi. In both the viewpoints, the referent object is the against the larger set of states. In that case, can their The second issue is that of human-centered security. a sub-set of the states would like to build an alliance sharing misinforming can sway between cooperation and surveillance. information sharing and would not institutionalise information and state. The state security is primary. While the and viewpoints refer to the conceptions of security weaponised. differently, the focal point remains the state. There central have many important works in terms of arguing for complications in this. The neo-liberal argument a more deepening and broadening of the agendas of misses that information in terms of the states is a securityxvii, COVID-19 has augmented this debate part of the components that make up its security. further in terms of dimension of human securityxviii. For the state, it is not automatic to become The threats are therefore not only for the existence subservient to institutions and forego the logic of of the state, but the state, along with other sources, survival. Similarly, for the realists, the suspicion is becomes the cause of the threat to human agency. If enough to obliviate larger and more consistent one reads further into this dimension, the present gains. A plausible situation is dependent on which pandemic and the threat to human security can also states deposit their will in terms of setting up the be contextualised in terms of the state’s under information regime. If the more authoritarian preparedness counties would take the lead in terms of infrastructure, institutionalising the norms, the information sharing safeguard the weaker and marginalised sections. would be restricted and would only insulate the Even if one looks through the prism of the nations. In a recent survey during the pandemic, the productivity of the state, the financial and the study calls for a group of 4 countries – Belarus, military productivity of the state would be directly Brazil, Nicaragua and Turkmenistan as the “Ostrich proportional to the health condition of the citizens. Alliance” who are fudging information within their Similarly, human security is oblivious to borders. statesxv. The fact that these states would try to fudge For neo-realists, human security, especially health is data to cover up for their inadequacies within the the subject of the state as nation-states remain to be The two schools of thought have of its the health emergency unsustainable policies and to 50 NUJS Journal of Regulatory Studies Special Issue April 2020 the sole container of society. Moreover, the Udayan Das is Assistant Professor, Department of unbundling of territory for the sake of prioritising Political human security would mean also opening the (Autonomous), Kolkata. He is a Doctoral Candidate Pandora’s Box. The states believe in inviolability of at the Department of International Relations, borders and territorial citizenship for the creation of Jadavpur University, Kolkata. Science, St. Xavier’s College ‘us’ and ‘them’ in constructing and consolidating the projects of nation-state building. Similarly, for C. Raja Mohan, “Sovereignty is back. Solidarity is under stress, will need to be reinvented”, The Indian Express, April 7, 2020. https://indianexpress.com/article/opinion/columns/coronapandemic-us-europe-china-india-cases-c-raja-mohan-6350462/ ii Harsh V. Pant, “COVID-19: The Crisis will strengthen antiglobalisation voices”, Hindustan Times, March 16, 2020. https://www.hindustantimes.com/analysis/covid-19-the-crisiswill-strengthen-anti-globalisation-voices/story97iBDHV4HUpG97PoSLiY7H.html iii Daniel W. Drezner, Ronal R. Krebs & Randall Schweller, The End of Grand Strategy, Foreign Affairs, May/June 2020. https://www.foreignaffairs.com/articles/world/2020-0413/end-grand-strategy iv Gideon Rachman, “Trump, Putin, Xi and the Cult of the Strongman leader”, Financial Times, October 31, 2016. https://www.ft.com/content/39da343a-9f4b-11e6-891eabe238dee8e2 v Kori Schake, “Managing American Decline”, The Atlantic, November 14, 2018. https://www.theatlantic.com/ideas/archive/2018/11/how-badamericas-decline-relative-china/576319/ vi Stewart M. Patrick, “The Multilateral System still cannot get its act together on COVID-19”, Council on Foreign Relations, March 26, 2020. https://www.cfr.org/blog/multilateral-systemstill-cannot-get-its-act-together-covid-19 vii Simon Tisdall, “Trump is playing a deadly game in deflecting COVID-19 blame to China”, The Guardian, April 19, 2020. https://www.theguardian.com/usnews/commentisfree/2020/apr/19/trump-is-playing-a-deadlygame-in-deflecting-covid-19-blame-to-china viii Brahma Chellaney, “China’s opacity contributed to spiralling corona infections and deaths. Its geopolitical effects will be lasting long”, Times of India, April 18, 2020. https://timesofindia.indiatimes.com/blogs/toi-edit-page/chinasopacity-contributed-to-spiralling-corona-infections-anddeaths-its-geopolitical-effects-will-be-long-lasting/ ix Harsh V. Pant, “EU: Death of an Idea”, The Telegraph, April 14, 2020. https://www.telegraphindia.com/opinion/coronavirus-the-ideaof-a-united-europe-was-dying-even-before-the-covid-19pandemic-had-struck/cid/1764664 x Aryn Baker & Joseph Hincks, ‘What Trump’s WHO funding freeze means for the most vulnerable countries, Time Magazine, April 17, 2020. https://time.com/5823297/trumpwho-funding-freeze-africa-coronavirus/ i the neo-liberals, the hard task is to bridge the gap between ‘high’ and ‘low’ politics, neutralise the discrepancies across the globe in terms of capability and increase confidence of absolute gains. Conclusion What has this pandemic done in the case of both the issues? While the debates would remain and international cooperation would be shaky, vulnerable and hesitant once the exigency passes, the pandemic has been successful in implanting deep rooted questions. The pandemic has posed very bluntly that the states need to come to a consensus regarding these issues when it comes to global cooperation not because these positions are normative and desirable but because they are essential and primary. The indispensability of cooperation is for the survival of the states itself. It would be prudent to argue that the nature and form of such cooperation would be represented by the distribution of power and order of global relations. However, that is a different story and requires a different assessment which is also subject to time. 51 NUJS Journal of Regulatory Studies Special Issue April 2020 Michael Barnett & Kathryn Sikkink, “From International Relations to Global Society” in The Oxford Handbook of International Relations, edited by Christian Reus-Smit and Duncan Snidal (Oxford University Press: Oxford), 2008 xii William C. Wohlforth, “Realism” in The Oxford Handbook of International Relations, edited by Christian Rheus-Smit and Duncan Snidal (Oxford University Press: Oxford), 2008 xiii Victor Mallet & Roula Khalaf, “Emmanuel Macron: We are at a moment of Truth”, Financial Times, April 17, 2020. https://www.ft.com/content/317b4f61-672e-4c4b-b81671e0ff63cab2 xiv Shibashis Chatterjee, “Globalisation”, in International Relations: Perspective for the Global South, edited by Siddhartha Mallavarappu & Bhupinder S Chimni (Pearson: Delhi), 2012 xv Andres Schipani, Henry Foy, Jude Webber & Max Seddon, “The Ostrich Alliance: The leaders denying the Coronavirus threat”, Financial Times, April 17, 2020. https://www.ft.com/content/974dc9d2-77c1-4381-adcd2f755333a36b xvi Dipankar Sinha, The Information Game in Democracy, Routledge India: Delhi, 2018 xvii Barry Buzan, Security: A New Framework for Analysis, Lynnie Rienner:New York, 1997 xviii Akiko Fukushima, “COVID is a human security crisis”, East Asia Forum, April 16, 2020. https://www.eastasiaforum.org/2020/04/16/covid-19-is-ahuman-security-crisis/ xi 52 NUJS Journal of Regulatory Studies Special Issue April 2020 COVID-19 Lockdown phase: A boon for the River Ganga water quality along the city of Kolkata Indrani Dhar, Sujoy Biswas, Ankita Mitra, Prosenjit Pramanick and Abhijit Mitra interface. The chemical factor encompasses release Abstract” of waste from industrial and urban sources, leakage We analysed the dissolved oxygen (DO) in 6 sites of oil from tankers, shipwrecks etc. The biological along the stretch of River Ganga during 2nd, 9th, 16th factor primarily includes the standing stock of and 23rd April 2020 (COVID-19 lockdown period) phytoplankton community in the estuarine water. and compared with the previous data of 2015 to The 2019 during the same time” (April). The normal decomposition by microbes regulate the DO level in decreasing trend of DO suddenly exhibited a sharp the aquatic system. turn during COVID-19 lockdown phase. The DO The present study area receives wastes from values hiked significantly in all the stations with the industries (mainly concentrated along the bank of spatial trend 2nd Hooghly Bridge (6.90 mg/l) > River Ganga) and municipal and domestic wastes Botanical Garden (6.78 mg/l) > Ramkrishna Ghat from the city of Kolkata and Howrah”. (6.65 mg/l) > Shibpur Ghat (6.51 mg/l) > Princep The oscillation of DO level has a far-reaching Ghat (6.35 mg/l) > Babughat (6.24 mg/l). The data impact on the biotic community and hence a clearly confirms an improvement in water quality in baseline data of DO is essential to evaluate the context to DO level, which is congenial for aquatic water quality in context to biodiversity of the biodiversity. area, which has been provided by the lockdown rate of photosynthesis, respiration and effect associated with COVID-19. The lockdown Keywords: Dissolved Oxygen (DO), River Ganga, effect, in real sense, started from 25th March 2020 to COVID-19, Water quality combat the spreading of the pandemics COVID-19. The present paper is an approach to acquire an insight on the water quality depending on the DO Introduction values of six sites along the River Ganga. The DO level, which supports the aquatic biodiversity, is a function of several physical, Materials and methods chemical and biological factors. In the rivers, the Site selection physical factor encompasses ripples, tides, wind Six ghats/ sites were selected for the present study, generated waves etc. through which diffusion of atmospheric oxygen occurs at the which are basically the zones of anthropogenic air-water 53 NUJS Journal of Regulatory Studies Special Issue April 2020 influence. Coordinates of all the study sites in the Analysis of DO River Ganga are highlighted in Table 1. The analysis of DO was carried out in the selected sampling stations during the COVID-19 lockdown Table 1: Coordinates of all the selected sites/ghats along the River Ganga Site Name Coordinates View Ramkrishna Ghat phase in four different dates” (2nd, 9th, 16th and 23rd April 2020). “For each observation, at least five samples were collected from the study site during 22°34'19.8''N 88°20'17.0''E high tide condition. Glass bottles of 125 ml were filled to overflow the collected water samples and Winkler titration was performed for the determination of DO. The sampling method did not change since 2015 when DO was estimated by Shibpur Ghat 22°33'41.2''N 88°19'40.4''E Winkler’s method in the same site. Results The spatial variation of DO exhibits a unique trend as per the order 2nd Hooghly Bridge (5.42 mg/l) > Botanical Garden (5.31 mg/l) > Ramkrishna Ghat Princep Ghat 22°33'30.9''N 88°19'52.5''E (5.19 mg/l) > Shibpur Ghat (5.10 mg/l) > Princep Ghat (5.01 mg/l) > Babughat (4.87 mg/l) (Fig. 1). The values within the brackets indicate the mean values of DO during 2015 – 2020. Botanical Garden 22°33'06.4''N 88°18'06.6''E Babughat 22°34'10.3''N 88°20'28.5''E 2nd Hooghly Bridge 22°33'31.4''N 88°19'38.5''E Fig. 1. Spatial variation of DO level (in mg/l) in River Ganga 54 NUJS Journal of Regulatory Studies Special Issue April 2020 It is interesting to note that the DO values have movements of vessels and trawlers, the Gangetic hiked up during the COVID-19 lockdown phase and stretch is basically a stressed zone (Mitra, 2013; this rising trend is observed with the passage of time Mitra and Zaman, 2014; Mitra and Zaman, 2016; (Fig. 2). Mitra”, 2019) hence DO values were not up to the mark during 2015 to 2019. The lockdown associated with COVID-19, however, brought a radical change in water quality, preferably with respect to DO as reflected through the data sets of 2nd April to 23rd April, 2020. “This upgradation of water quality is congenial for the survival and growth of aquatic lives preferably fishes” (“Butler et al., 2010; Tran-Duy et al., 2012; Abdel-Tawwab et al., 2015; Makori et al., 2017; Nyanti et al. 2018”). ANOVA carried out with the DO data showed significant spatio-temporal variations between two Fig. 2. DO level (in mg/l) in the study sites during lockdown phase periods (pre-COVID-19 and COVID-19 periods) at p < 0.05, which clearly points towards the upgradation of Ganga water quality along the city of Discussion Kolkata It is clear from the data sets that there has been due to almost zero anthropogenic disturbances during the COVID-19 lockdown phase considerable increase in the levels of DO after the (Table 2). implementation of strict lockdown in the city of Table 2: ANOVA for DO between stations and between pre-COVID-19 and COVID-19 Kolkata (Mitra et al., 2020). Compared to the earlier DO levels (mean of 2015 to 2019), the value has “Source of Variation ” Between Stations” Between preCOVID19 and COVID19 phase increased by 35.71%, 35.06%, 33.97%, 35.06%, 35.65% and 34.50% at Ramakrishna Ghat, Shibpur Ghat, Princep Ghat, Botanical Ghat, Babughat and 2nd Hooghly Bridge respectively during April, 2020 (mean of four sampling dates). Almost similar type of works in the same sampling sites were also Error Total carried out by earlier workers (Zaman et al., 2018) “SS” “df ” “MS” “F” “Pvalue” “F crit” 0.4922 5 0.09844 43.3020 5 0.00040 6 5.05032 9 8.70403 3 1 8.70403 3 3828.75 4 2.09E08 6.60789 1 5 0.00227 3 0.01136 7 9.2076 11 on heavy metals Pb, Cr and Cd, which also exhibited similar spatial trend. Owing to the presence of several industries coupled with 55 NUJS Journal of Regulatory Studies Special Issue April 2020 It is a fact that with the number of COVID-19 cases present study. The authors feel that the COVID-19 leaning dangerously more than 3,059,081 and the lockdown phase has great probability to meet the worldwide death toll crossing more than” 2,11,202, objectives of Namami Ganga Programme that “is an (https://www.worldometers.info/coronavirus/?utm_ Integrated Conservation Mission, approved as” campaign=homeAdvegas1?%22%20%5Cl%20%22 “Flagship Programme” “by the Government of countries; data downloaded on 28th April 2020), the India in June 2014 with budget outlay of Rs. 20,000 World Health Organization (WHO) “declared the Crore to accomplish the twin objectives of effective virus outbreak a pandemic in the second week of abatement March 2020, four months after the novel virus first rejuvenation made headlines. Nearly 162 countries have steadily (https://nmcg.nic.in/NamamiGanga.aspx). of of pollution, the conservation National River and Ganga” gone to lockdown, and businesses across the globe are presently operating in” “fear of an impending Indrani Dhar is from Department of Architecture, Techno India University, West Bengal. collapse of global financial markets. This situation, clubbed with sluggish economic growth in the Dr. Sujoy Biswas is the Director and Chief Executive Officer at Techno India University and Techno India Group. previous year, especially in a developing country like India, the pandemic is leading to an extremely volatile market condition. With major cities on lockdown, organizations have no choice but to dig Ankita Mitra is from Department of Evolutionary Biology, University of Haifa, Israel. into their business continuity and contingency plans. Ever since the first COVID-19 case was confirmed Prosenjit Pramanick is from Department of Oceanography, Techno India University, West Bengal. in India, numerous companies have instituted a ‘work from home’ drill using critical resources to understand whether remote working conditions are feasible. We have observed that remote working Abhijit Mitra is the Associate Professor and former Head of the Dept. of Marine Science, University of Calcutta. also has its limitations and cannot be carried out by other sectors like agriculture, fishery, retail, hospitality, or manufacturing, leaving them no References choice but to face business/occupation interruption, 1. Abdel-Tawwab M, Hagras AE, Elbaghdady leading to an adverse impact on the economy HAM, et al. (2015). Effects of dissolved oxygen spinning around these sectors”. and fish size on Nile tilapia, Oreochromis However, “every crisis has a silver lining around the dark cloud and serves as niloticus (L.): growth performance, whole-body a learning composition, and innate immunity. Aquaculture opportunity”, and this silver lining is definitely the International, 1261-1274. upgradation of environment as observed in the 56 NUJS Journal of Regulatory Studies Special Issue April 2020 2. Butler B, Burrows D, Morgan G. (2010). 9. Mitra A, Zaman S. (2016). Basics of Marine and Dissolved oxygen tolerance of exotic freshwater Estuarine Ecology; Publisher Springer India, fish species in north Queensland report 10/08 of ISBN 978-81-322-2707-6; 1-481. the Australian Centre for Tropical Freshwater 10. Mitra A. (2013). In: Sensitivity of Mangrove Research, James Cook University, Townsville, Ecosystem to Changing Climate. Publisher to the Marine and Tropical Sciences Research Springer New Delhi Heidelberg New York Facility. Reef and Rainforest Research Centre Dordrecht London, 2013 edition; ISBN-10: Limited, Cairns, 22 pp. 8132215087; ISBN-13: 978-8132215080. 3. https://nmcg.nic.in/NamamiGanga.aspx 11. Mitra A. (2019). Estuarine Pollution in the 4. https://www.worldometers.info/coronavirus/?ut Lower Gangetic Delta. Published by Springer m_campaign=homeAdvegas1?%22%20%5Cl% International 20%22countries 93305-4, XVI: 371. Publishing, ISBN 978-3-319- 5. Makori AJ, Abuom PO, Kapiyo R, Anyona DN, 12. Nyanti L, Soo CL, Ahmad-Tarmizi NN, Abu- Dida GO. (2017). Effects of water physico- Rashid NNK, Ling TY, Sim SF, Grinang J, chemical parameters on tilapia (Oreochromis Ganyai T, Lee KSP. (2018). Effects of water niloticus) growth in earthen ponds in Teso North temperature, Sub-County, Busia County. Fisheries and suspended solids on juvenile Barbonymus Aquatic Sciences, 20(30), 1-10. schwanenfeldii 6. Mitra A, Ray Chadhuri T, Mitra A, Pramanick dissolved oxygen (Bleeker, and 1854) total and Oreochromis niloticus (Linnaeus, 1758). AACL P, Zaman S. (2020). Impact of COVID-19 Bioflux, 11 (2), 394-406. related shutdown on atmospheric carbon dioxide 13. Tran-Duy A, van Dam AA, Schrama JW. level in the city of Kolkata. Parana Journal of (2012). Feed intake, growth and metabolism of Science and Education, 6 (3), 84-92. Nile tilapia (Oreochromis niloticus) in relation 7. Mitra A, Ray Chadhuri T, Mitra A, Pramanick to dissolved oxygen concentration. Aquaculture P, Zaman S. (2020). Impact of COVID-19 Research, 43 (5), 730-744. related shutdown on atmospheric carbon dioxide 14. Zaman S, Gobato R, Pramanick P, Biswas P, level in the city of Kolkata. Parana Journal of Chatterjee U, Mitra S, Mitra A. (2018). Water Science and Education, 6 (3), 84-92. quality of the River Ganga in and around the 8. Mitra A, Zaman S. (2014). Carbon sequestration city of Kolkata during and after Goddess Durga by Coastal Floral Community, India. Published immersion. Parana Journal of Science and by The Energy and Resources Institute (TERI) Education, 4 (9), 1-7. TERI Press. ISBN 978-81-7993-551-4. 57 NUJS Journal of Regulatory Studies Special Issue April 2020 Alteration of dissolved Zinc concentration during COVID-19 lockdown phase in coastal West Bengal Sangita Agarwal, Prosenjit Pramanick and Abhijit Mitra Abstract important estuarine systems of the country because The coastal water of the maritime state of West of (1) its origin from the largest mountain river, (2) Bengal is highly stressed due to anthropogenic heavy monsoonal discharge from a very vast basin activities like discharges from tourism units, and (3) very long tidal zone. Being a very active industrial operations, repairing of fishing vessels tidal estuary, it has physico-chemical and biological and trawlers, fish landing etc. All these activities characteristics of its own. release variety of heavy metals in the coastal The varied and increasingly complex problems waters. This paper highlights a sudden dip in the created by humans have affected the health of these rising trend of dissolved Zn in three selected coastal and estuarine systems leading to rapid stations (342.47 ppb in Kakdwip, 362.86 ppb in depletion of estuarine resources. The anthropogenic Shankarpur, 153.44 ppb in Bony Camp) during the activities in and around the estuaries like the COVID-19 the discharges from tourism units, industrial operations, previous data (1984-2019), it is observed that there repairing of fishing vessels and trawlers, fish has been a decrease in dissolved Zn level by 4.96%, landing etc. are leading the estuaries and coastal 9.92% and 13.72% at Kakdwip, Shankarpur and zone to stressful condition. The extent of this stress Bony Camp respectively when compared to the is not only dependent on the amount of sewage COVID-19 lockdown phase during April 2020. generated by the residents living around the lockdown phase. Considering estuaries, but also on the disposals by the industries Keywords: Dissolved Zn, COVID-19, Kakdwip, situated in the neighborhood. The sewage load in Shankarpur, Bony Camp the River Ganga accounts for 70% of the total pollution load. Not only the sewage but discharging Introduction effluents from the industrial units also find their River and estuarine systems have facilitated human way into the nearby water bodies. As the population settlements on their banks since the beginning of is growing, the agricultural activities are also human civilization. The Hooghly estuarine system increasing causing a burden on the environment. To which is constituted by the first offshoot of the sustain River Ganga – Bhagirathi system, flows southwards consumption of fertilizers and pesticides has through the lower Ganga deltaic plane and joins the increased over the years. The agricultural run-offs Bay of Bengal in Sundarbans. It is one of the most in the water bodies are escalating the already increased agricultural output, the 58 NUJS Journal of Regulatory Studies Special Issue April 2020 polluted water bodies which are also leading to persons and so COVID-19 infections are more eutrophication. contagious than caused by other coronaviruses such Thus unplanned proliferation of urban and industrial as SARS or MERS-CoV. set-ups leads to escalation in marine discharges and This deadly virus has no cure till date and so as to total load of pollutants being dispensed into the sea curb and contain the spread of this highly (Knauer, 1977; Stoffers et al., 1986; Gbem et al., contagious disease most parts of the world are under 2001; Al-Masri et al., 2002; Khare and Singh, 2002; complete lockdown. In order to restrict the spread of Duzgoren-Aydin and this terrible virus, we need to minimize human to Busselberg, 2006; Jadeja et al., 2006). These human contact as no proven treatment or vaccine is discharges may contain heavy metals which can available presently. Moreover, COVID-19 can bioaccumulate spread asymptomatically too. et and al., 2006; Florea bio-magnify as they get transferred in the food chain. over We have selected three sampling stations namely distancing. Since novel coronavirus spreads rapidly, Kakdwip, Shankarpur and Bony Camp situated in many countries have tried to bring down the the Hooghly-Matla estuarine complex in West transmission rate by calling social lockdown. This Bengal at the apex of Bay of Bengal. The effluents can help in minimizing the spread of infection and released by the industrial units into the bay contain also would give some breather to the already appreciable amount of Zn, Cu and Pb. The overburdened healthcare systems. antifouling paints used for conditioning fishing To contain the spread of the novel coronavirus the vessels and trawlers also contribute to the heavy Government of India also announced lockdown for metal load. In addition, the sewage from shrimp 21 days starting from 25th March, which constituted farms along the estuarine stretch and untreated phase 1 and this was further extended for another 19 wastes from Haldia port-cum-industrial complex days that is phase 2. During the lockdown phase all also add substantially to the existing load of heavy kinds of transport services were suspended except metals (Mitra and Bhattacharyya, 2003; Mitra et al., for essential goods, fire, police and emergency 2010; Mitra, 2013; Mitra and Zaman, 2016; Mitra, services. All schools and colleges, places of 2019). worship, commercial and private establishments and The outbreak of Coronavirus disease the world are Hence, people all emphasizing on social hospitality services were also closed. 2019 (COVID-19) has affected over 210 countries and This paper is an attempt to show how controlled territories around the world and has infected over 2 human activities can bring a change in the water million people globally. This epidemic started in quality of coastal West Bengal preferably with Wuhan, China and quickly spread its wings all over respect to dissolved zinc, which is a very common the world and is now a pandemic. A person infected heavy metal sourced from industries, painting units, by this novel corona virus can infect around 2.5 59 NUJS Journal of Regulatory Studies Special Issue April 2020 repairing and conditioning units of vessels and stored in clean TARSON bottles and was filtered trawlers. through a 0.45 µm Millipore membrane. The filtrate Materials & Methods was treated with diethyl dithio-carbamate and Study area extracted in carbon tetrachloride (Chakraborti et al., The total length of tidal Hooghly estuary is about 1987). The extracted was evaporated to dryness and 295 km and it lies between the latitude 21031' N and the residue was mineralized with 0.1 ml of 23030' N and longitude 87045' E and 88045' E and concentrated nitric acid. The analytical blank was covers the districts of Nadia, Hooghly, North and prepared and treated similarly using the same South 24-Parganas, Howrah and East Midnapur in reagents. Analyses were done in triplicate by direct the maritime state of West Bengal. The present aspiration into AAS (Perkin-Elmer Model: 3030) sampling stations were selected at Kakdwip equipped with a HGA-500 graphite furnace (21°52'22.69'' N 88°11'58.61'' E), Shankarpur atomizer and a deuterium background corrector. (22°50'54.20" N 88°27'4.54" E) and Bony Camp The accuracy of the dissolved heavy metal (21°69.05' N, 88°56.83' E). Samplings were carried determinations is indicated by good agreement out in these stations since 1984 during the month of between our values and reported for certified April, which is a pre-monsoon month in India, reference seawater materials (CASS 2) (Table 1). characterized by high salinity and minimum dilution Table 1. Analysis of reference material for near shore seawater (CASS 2) factor in the coastal waters (Mitra, 2013; Mitra and Certified Laboratory results Element value (µg l-1) (µg l-1) Zn 1.97 ± 0.12 2.01 ± 0.14 0.675 ± Cu 0.786 ± 0.058 0.039 0.019 ± Pb 0.029 ± 0.009 0.006 Zaman, 2014; Mitra and Zaman, 2016; Mitra, 2019). Sample collection Pre-COVID PHASE Water samples were collected during the month of April (pre-monsoon), for a period of 36 years (1984-2019) in the three selected sampling stations. Statistical analysis COVID PHASE Analysis of Variance was used as an exploratory Water samples were collected during the month of tool to determine the significance of variation of April 2020 (weekly) in the three sampling stations dissolved Zn between the pre-COVID and COVID chosen. phases and also between stations (p < 0.01). Analysis of dissolved Zinc Results Water samples collected from all the three stations The variation of dissolved Zn between the three (during high tide) were analyzed to determine the sampling stations over a period of 37 years (1984- content of dissolved heavy metal, Zn. Before 2020) is highlighted in Fig. 1. Maximum value of analysis, each water sample was collected and dissolved Zn was found to be 545.89 ppb, 566.18 60 NUJS Journal of Regulatory Studies Special Issue April 2020 ppb, 287.11 ppb at Kakdwip, Shankarpur and Bony Camp respectively over a period of 37 years and these values are for pre-monsoon season of the year 2019. The authors observed that there was a dip in increasing trend of dissolved Zn in three selected stations (342.47 ppb in Kakdwip, 362.86 ppb in Shankarpur, 153.44 ppb in Bony Camp) during COVID-19 lockdown phase in West Bengal (Fig. 2). The dissolved Zn content decreases from 1st week of April 2020 to 4th week of April 2020 and Fig. 3. Variation of dissolved Zn during April 2020 (COVID-19 lockdown) this trend is followed in all three sampling stations (Fig. 3). ANOVA data showed pronounced variation in dissolved Zn concentration between stations and between pre-COVID-19 and COVID phase (p < 0.01) (Table2). Table 2. ANOVA of dissolved Zn between stations and between pre-COVID-19 and COVID-19 phase Source of Variation Between Stations Between preCOVID19 and COVID19 Error Fig. 1. Variation of dissolved Zn during the study period (1984-2020) Total SS df MS F P-value F crit 55119.83 2 27559.92 428.5258 0.002328 19 1127.236 1 1127.236 19.52726 0.052593 18.51282 128.6266 2 64.31332 56375.7 5 Discussion The COVID-19 lockdown phase is the real witness of eco-restoration of environmental quality (Mitra et al., 2020), and coastal waters of West Bengal is no Fig. 2. Variation of dissolved Zn during the PreCOVID-19 and COVID-19 lockdown exception to this rule. Considering the previous data (1984-2019), it is observed that there has been a 61 NUJS Journal of Regulatory Studies Special Issue April 2020 decrease of dissolved Zn content by 4.96%, 9.92% Science of the Total Environment, 293 (1-3), and 13.72% at Kakdwip, Shankarpur and Bony 177-189. Camp respectively when compared to the April 2. Chakraborti D, Adams F, Van Mol W, Irgolic 2020 data. It is observed that during COVID-19 JK. (1987). Determination of trace metals in lockdown there has been a gradual decrease of natura waters at nanogram per litre levels by dissolved Zn content by 37.34%, 28.83%, and Electrothermal 21.23% at Kakdwip, Shankarpur and Bony Camp Spectrophotometry after extraction with sodium respectively over a period of four weeks. The entire diethyldithiocarbamate. discussion along with the results lead us to conclude Acta, 196, 23-31. Atomic Absorption Analytica Chemica that sharp decrease in dissolved Zn level in all the 3. Duzgoren-Aydin N, Wong C, Song Z, Aydin A, selected stations in coastal West Bengal during Li X, You M. (2006). Fate of heavy metal April 2020 is the direct outcome of COVID-19 contamination in road dusts and gully sediments lockdown in which the primary sources of Zn in the in Guangzhou, SE China: A chemical and coastal zone of West Bengal like conditioning mineralogical fishing boats, industrial discharges, fish landing etc. Ecological Risk Assessment, 12, 374-389. assessment. Human and have been ceased, to abide by the rules of 4. Florea A, Busselberg D. (2006). Occurrence, lockdown. Thus COVID-19 lockdown has brought use and potential toxic effects of metals and out the positive face of coastal water quality without metal compounds. Biometals, 19, 419-427. 5. Gbem TT, Balogun JK, Lawaland FA, Annune any major investment in the treatment process. PA. (2001). Trace metals accumulation in Clarias gariepinus Teugules exposed to sun Sangita Agarwal is from Department of Applied Science, RCC Institute of Information Technology, West Bengal. lethal levels of tannery effluent. Science of the Total Environment, 271, 1-9. Prosenjit Pramanick is from Department of Oceanography, Techno India University, West Bengal. 6. Jadeja BA, Odedra NK, Thaker MR. (2006). Studies on ground water quality of industrial area of Dharampur, Porbandar city, Saurashtra, Abhijit Mitra is the Associate Professor and former Head of the Dept. of Marine Science, University of Calcutta. Gujrat, India. Plant Archives, 6 (1), 341-344. 7. Khare S, Singh S. (2002). Histopathological lesions by copper sulphate and lead nitrate in the References gills of fresh-water fish Nandus. Journal of the 1. Al-Masri MS, Aba A, Khalil H, Al-Hares Z. Ecotoxicology and Environmental Monitoring, (2002). Sedimentation rates and pollution 12, 105-111. history of a dried lake: Al-Oteibeh Lake. 8. Knauer GA. (1977). Immediate industrial effects on sediment metals in a clean coastal 62 NUJS Journal of Regulatory Studies Special Issue April 2020 environment. Marine Pollution Bulletin, 8, 249- Wellington Harbour. New Zealand Journal of 254. Marine and freshwater Research, 20, 495-512. 9. Mitra A, Banerjee K, Ghosh R, Ray SK. (2010). Bioaccumulation pattern of heavy metals in the shrimps of the lower stretch of the River Ganga. Mesopotamian Journal of Marine Science, 25 (2), 1-14. 10. Mitra A, Bhattacharyya DP. (2003). Environmental issues of shrimp farming in mangrove ecosystem. Journal of Indian Ocean Studies, 11 (1), 120-129. 11. Mitra A, Ray Chadhuri T, Mitra A, Pramanick P, Zaman S. (2020). Impact of COVID-19 related shutdown on atmospheric carbon dioxide level in the city of Kolkata. Parana Journal of Science and Education, 6 (3), 84-92. 12. Mitra A, Zaman S. (2014). Carbon sequestration by Coastal Floral Community, India. Published by The Energy and Resources Institute (TERI) TERI Press. ISBN 978-81-7993-551-4. 13. Mitra A, Zaman S. (2016). Basics of Marine and Estuarine Ecology; Publisher Springer India, ISBN 978-81-322-2707-6, 1-481. 14. Mitra A. (2013). In: Sensitivity of Mangrove Ecosystem to Changing Climate. Publisher Springer New Delhi Heidelberg New York Dordrecht London, 2013 edition; ISBN-10: 8132215087; ISBN-13: 978-8132215080. 15. Mitra A. (2019). Estuarine Pollution in the Lower Gangetic Delta. Published by Springer International Publishing, ISBN 978-3-319- 93305-4, XVI, 371. 16. Stoffers P, Glasby GP, Wilson CJ, Davis KR, Walter P. (1986). Heavy metal pollution in 63 NUJS Journal of Regulatory Studies Special Issue April 2020 Impact of COVID-19 Lockdown on the Ichthyoplankton community in and around Haldia Port-cum-Industrial complex Ankita Mitra, Prosenjit Pramanick, Sufia Zaman and Abhijit Mitra Abstract pollution mostly results from oil spills due to We observed a sharp dip in the oil and grease level accidents of ships and oil tankers. Oil and grease around Haldia port-cum-industrial complex during concentrations are not evenly distributed throughout our monitoring on 2nd April 2020, the period the entire ocean surface; they are more heavily characterized by complete stoppage of industrial concentrated along the continental shelves in coastal activities/operations and movement of vessels in the areas and in regions of upwelling waters, the areas region due to COVID-19 lockdown. Simultaneously of high productivity (Ryther, 1969). In recent years, we observed relatively higher value of Shannon there has been increasing awareness of potentially Weiner the harmful effects of world-wide spillage of oils in the ichthyoplankton community inhabiting the estuarine marine and estuarine ecosystems. Oil water from water. We therefore conclude that estuarine water refineries, chemical plants and offshore drillings is enriched with ichthyoplankton diversity during may contain toxic and carcinogenic hydrocarbons the lockdown phase. This may be due to better such as benzenes, polynuclear aromatics, amines water quality and total banning of fish and prawn and phenols (Kawahara, 1969; Kawahara and seed collection during the COVID-19 lockdown Fiutem, 1983). The toxicity of various oils and oil phase. products (Ottway, 1970) as well as the mode by species diversity index for which they interfere with marine ecosystem varies Weiner widely depending on their composition, ambient species diversity index, Haldia port-cum-industrial environmental variables and the biological state of complex, COVID-19, Lockdown organisms at the time of contamination. Different Keywords: Ichthyoplankton, Shannon species and different stages of life cycle of the same Introduction species have been found to have different Oil pollution is a burning issue in the domain of susceptibilities to pollution (Baker, 1970; Crapp, environmental science and ecology and is almost an 1970). inevitable consequence of the dependence on the In the estuarine region of the lower Gangetic delta increasingly growing oil-based technology. Oil the waterbody are mostly contaminated with oil mainly because of regular plying of large number of 64 NUJS Journal of Regulatory Studies Special Issue April 2020 fishing vessels and trawlers and also the release of the oil and grease level. The oil and grease present oily wastes from refineries in the Haldia region. in the sampling water were extracted in petroleum However, due to lockdown associated with COVID- ether and finally evaporated on a water bath to get 19 pandemic, all the activities like operations of oil the concentration in mg/L (also expressed as ppm) refinery, movements of oil tankers, ships, fishing unit vessels and trawlers have stopped due to which a Ichthyoplankton around oil jetties were also dramatic change has taken place in the water quality collected simultaneously during high tide by fixing and the ichthyoplankton community surviving in nets in the intertidal mudflats for a span of 6 hrs. this aquatic phase. The collections were randomly mixed to achieve the The present study aims to determine the COVID-19 uniformity of data and finally the number of finfish lockdown effect of oil and grease on the juveniles juveniles for every species from the 100 grams of finfish (ichthyoplankton) in and around the pooled sample was recorded. These data were then Haldia port-cum-industrial complex of the Hooghly used to enumerate the species diversity index estuary, 104 km downstream from the city of (Shannon Kolkata. ichthyoplankton community in and around the Ichthyoplankton, being a major component of the Haldia oil jetties using the standard expression: through and weight difference Weiner, 1949) method. for the planktonic community of the Hooghly estuarine complex, are passively floating and drifting in H =- nature. The thin film of oil on the aquatic phase, may not only pose an adverse effect on them by n n log e N N where, reducing the concentrations of dissolved oxygen, = Shannon Weiner Species Diversity Index but may also be lethal in extreme case. Hence, a n = No. of individuals per species study has been conducted on the oil/grease level and the ichthyoplankton community in the port area N = Total number of individuals of all species during April 2020, the period characterized with complete closure of industrial activities and aquatic The data obtained were compared with the past data transport systems due to COVID-19 lockdown and since 2011 on similar abiotic and biotic parameters compare with the past data since 2011 so as to obtained from the cited works of previous evaluate the effect of lockdown in the study area. researchers in the same region (Mitra, 2013; Mitra Materials and Methods and Zaman, 2014; Mitra and Zaman, 2016; Mitra, The entire network of the present programme 2019). consists of the sampling of surface water around Haldia oil jetties during April 2020 for analyzing 65 NUJS Journal of Regulatory Studies Special Issue April 2020 Results and Discussion In general, high concentrations of oil and grease Decadal picture of oil and grease levels along with level were recorded during 2011 to 2019 - the ichthyoplankton community structure (represented period characterized through Shannon Weiner Species Diversity Index) industrial activities and movement of fishing shows significant change in the values during April, vessels, trawlers, oil tankers and ships along the 2020 (Fig. 1 and 2), when compared with the estuaries of the maritime state of West Bengal. The previous data sets. high levels of oil and grease in the water bodies by regular and normal may be attributed to huge run off from the adjacent Haldia industrial belt. In fact, oil in the water bodies around Haldia port-cum-industrial complex, enters through several sources like tanker operations dry docking, marine terminals, refineries, municipal and industrial wastes, urban and river run off etc. The green belt channel adjacent to Indian Oil Corporation (IOC) also contributes appreciable amount of oil in the water bodies. The Shannon Weiner species diversity index value for ichthyoplankton also showed strong temporal Fig. 1: Temporal variations of oil and grease level (ppm) variability with relatively lower values during 2011 to 2019 and highest during 2020 (Fig. 2). This picture depicts two important findings namely (i) oil and grease level has adverse impact on the ichthyoplankton community of this mangrove dominated estuarine complex, and (ii) Lockdown effect associated with COVID-19 helped to ecorestore the situation in terms of biodiversity (more specifically ichthyoplankton diversity). To sum up it can be stated that oil and grease level has a negative impact on the ichthyoplankton community of the estuary as revealed from the significant negative correlation value computed Fig. 2: Temporal variations of Shannon Weiner species diversity index of ichthyoplankton considering the data sets of 2011 to 2019 (r =66 NUJS Journal of Regulatory Studies Special Issue April 2020 3. Kawahara, 0.9098; p < 0.01), and the aquatic health can be F.K. 1969. Identification and improved if proper treatment is carried out before differentification of heavy residual oil and releasing the oil in the ambient aquatic phase. The asphalt COVID-19 lockdown phase is a litmus test that comparative ratios of infrared absorbances. confirms the adverse impact of pollutants (mostly Environmental Science and Technology, 150- released from point sources) on the planktonic 153. pollutants 4. Kawala, community of the estuaries and coastal waterbody. F.K. in and surface waters Fiutena, R.A. by 1983. Development of a novel method for monitoring Ankita Mitra is from Department of Evolutionary Biology, University of Haifa, Israel. oils in waters. Analytica Chimica Acta, 315327. 5. Mitra, A. 2013. In: Sensitivity of Mangrove Prosenjit Pramanick is from Department of Oceanography, Techno India University, West Bengal. Ecosystem to Changing Climate. Publisher Springer New Delhi Heidelberg New York Dordrecht London, 2013 edition; ISBN-10: 8132215087; ISBN-13: 978-8132215080. Sufia Zaman is the Associate Professor and Head of the Dept. of Oceanography, Techno India University, West Bengal. 6. Mitra, A. 2019. Estuarine Pollution in the Lower Gangetic Delta. International Abhijit Mitra is the Associate Professor and former Head of the Dept. of Marine Science, University of Calcutta. Published Publishing, by ISBN Springer 978-3-319- 93305-4, XVI, 371. 7. Mitra, A. and Zaman, S. 2014. Carbon sequestration by Coastal Floral Community, India. Published by The Energy and Resources References Institute (TERI) TERI Press. ISBN 978-81- 1. Baker, J.M. 1970. Successive Spillages. In 7993-551-4. Proceedings of Symposium on Ecological Effects of Oil Pollution communities, Journal on 8. Mitra, A. and Zaman, S. 2016. Basics of Marine Littoral and Estuarine Ecology. Springer ISBN 2016, of the Institute of 978-81-322- 2705-2. Petroleum. 9. Ottway, S. 1970. The comparative toxicities of 2. Crapp, G.B. 1970. Chronic Oil Pollution. In crude oil. In Proceedings of Symposium on Proceedings of Symposium on Ecological Effects of Oil Pollution on Ecological Effects of Oil Pollution on Littoral Littoral Communities, Journal of the Institute of Communities, Journal of the Institute of Petroleum. Petroleum. 67 NUJS Journal of Regulatory Studies Special Issue April 2020 10. Ryther, J.H. 1969. Photosynthesis and fish production in the sea. Science, 166, 72-76. 11. Shannon, C.E. and Weiner, V. 1949. The Mathematical theory of communications, University of Illinois Press, Urbana, 117 p. 68 NUJS Journal of Regulatory Studies Special Issue April 2020 Scanning the water quality of lower Gangetic delta during COVID-19 lockdown phase using Dissolved Oxygen (DO) as proxy Sondipon Chakraborty, Ankita Zaman and Abhijit Mitra Mitra, Prosenjit Pramanick, Sufia Abstract Introduction Dissolved Oxygen (DO) is the life line of aquatic Pollution of water is a major threat in the Gangetic lives. Wastes disposed from various sources when delta region of West Bengal. The reasons behind enriched with organic load deplete the DO level water pollution are release of organic wastes and causing an adverse impact on aquatic biodiversity. heavy metals in water. Industrial wastes, factory In this paper we have initiated a first order analysis discharges, agricultural runoffs, wastes from shrimp to scan the water quality of three stations in the farms are some of the major pollutants discharged lower Gangetic delta region (Diamond Harbour, from these point sources (Mitra, 2018). Deposition Namkhana and Ajmalmari) using DO as proxy. We of organic wastes results in the increase of observed significant increase in DO during the Biological Oxygen Demand (BOD) in water. COVID-19 lockdown phase (38.54%, 31.73% and Relation between BOD and Dissolved Oxygen 12.40% increase at Diamond Harbour, Namkhana (DO) is inversely proportional. Dissolved oxygen and Ajmalmari respectively), when compared with (DO) concentration in water is essential for aquatic the mean DO values of each station since the last life (Banerjee, 2018). Concentration of DO is three decades (1984-2019). The increasing trend of reciprocally correlated with the temperature of DO from 2nd April, 2020 to 23rd April, 2020 speaks water bodies. Respiration by aquatic animal, in favour of the positive role of COVID-19 decomposition of organic pollutant and several lockdown phase in terms water quality, which may chemical reactions consume oxygen and increase be due to complete closure of industrial operations, the biological oxygen demand (BOD) of waterbody. vessel movements, fish landing and tourism Now a days’ river pollution is an emerging issue in activities at these sites. several developing countries due to rapid industrial development (Kan, 2009). Industrial effluents and Keywords: Dissolved Oxygen (DO), water quality, sewage entering the water bodies are one of the lower Gangetic delta, COVID-19 prime sources of environmental toxicity, which endangers aquatic biota and deteriorates water quality. Quality of water is essential for mankind as 69 NUJS Journal of Regulatory Studies Special Issue April 2020 it is directly linked with human life and associated The pandemic COVID-19 has made aquatic biota (Abdel-Tawwab et al. 2015; Butler et Government/ruling bodies all over the World to go al., 2010). for lockdown phase. The lockdown phase has In India, people have great dependency on the River immense effect on the biodiversity of the aquatic Ganga (Paul, 2017). River Ganga is the resources of water bodies due to less anthropogenic waste 25.2% water bodies in the country (Paul, 2017). discharges. In this present scenario a study was Historical evidence says that the modern civilization undertaken in three stations of the lower Gangetic in India have been initiated on the bank of River delta (with the data bank of pre-COVID-19 Ganga. In India, Ganga passes through 29 class I lockdown and COVID-19 lockdown phases) to scan cities, 23 class II cities and approximately 50 towns the DO level. DO have immense role in controlling (Paul, 2017). The River Ganga ends at Bengal and the metabolic activities and sustaining the life of has formed the largest deltaic complex at the apex most aquatic flora and fauna. The primary of the bay. The Hooghly-Matla estuarine complex production of the aquatic phase is greatly dependent envisages a wide spectrum of aquatic flora and on the DO level, which in turn regulates the fauna along with the dense mangrove ecosystem. secondary productivity (zooplankton and fishes). The deltaic complex sustains 112 islands of which Thus DO play a vital role in maintaining the food only 48 are inhabited by human. Sundarban is noted chain of the aquatic ecosystem and promote the for its unique biodiversity (Mitra, 2013; Mitra and fishery sector of the coastal and estuarine waters. Zaman, 2014; Mitra and Zaman, 2016; Mitra, 2019). Sundarban also harbors a good number of Materials and Methods rare and globally threatened animals including Study site Estuarine Crocodile (Crocodilus porosus), Fishing The present study is an approach to estimate the Cat (Felis viverrina Bennett), Salvatore Lizard / variation of DO between pre-COVID-19 and salvator), Gangetic COVID-19 lock down phases at Hooghly-Matla Dolphin (Platinista gangetica), River Terrapin estuarine complex, West Bengal. Entire study has (Batagur Baska), marine turtles like Olive Ridley conducted in three distinct geographical locations of (Lepidochelys olivacea), Ground Turtle, Hawksbill the lower Gangetic delta namely, Diamond Harbour Turtle and King Crab (Horse Shoe). It is the (22°11'4.2''N; homeland for several endemic species also. It is no (21°45'53.7''N; exaggeration to say that the lower Gangetic delta (21°49'42.9''N; 88°37'13.7''E) (Fig. 1). Water Monitor (Varanus 88°11'22.2''E), 88°13'51.5''E) Namkhana and Ajmalmari region supports the most diverse group of fauna and flora which sustains their life with immense tenacity in this dynamic ecosystem. 70 NUJS Journal of Regulatory Studies Special Issue April 2020 concentration between pre-COVID and COVID-19 lockdown phase (Fig. 2). Fig. 1. GPS location of three sampling sites in the Hooghly-Matla estuarine complex. A. Diamond Harbour B. Namkhana C. Ajmalmari Fig. 2. Spatio-temporal variation of DO (in ppm) during between the pre-COVID-19 (1984-2019) and Covid-19 lockdown (April, 2020) phases (* = p< 0.05) Analysis The entire network of the present study consists of random sampling of water at each station for estimating the DO during the COVID-19 lock down The percentage of DO increased during the month phase. Estimation of DO was carried out by of COVID-19 lockdown than pre-COVID-19 phase Winkler’s Method as per the standard protocol years (Fig. 3). Among three different study sites, (Mitra and Zaman, 2015). Our analytical method percentages of DO increased maximum at Diamond did not change since the last 3 decades and the Harbour (38.54%) and minimum at Ajmalmari results are the mean of triplicate analysis. For the (12.40%) adjacent to the core area of Sunderban purpose of scanning the effect of COVID-19 Biosphere Reserve (Fig. 3). lockdown phase, we segregated our data in to two distinct sets, one considering DO level during COVID-19 lock down phase (2nd April to 23rd April) and the other comprising the DO values during pre- COVID-19 phase (pre-monsoon, 19842019). Necessary statistical model was developed by using ‘Sigma Plot 11.0.’ Results Data evaluated from three different sampling sites at Hooghly-Matla estuarine complex have revealed a significant variation of dissolved oxygen (DO) Fig. 3. Percentage increase of DO in three selected stations during lockdown period 71 NUJS Journal of Regulatory Studies Special Issue April 2020 DO values were highest near Ajmalmari (5.79 ± Hooghly-Matla estuarine complex during preCOVID (1984-2019) and COVID-19 lockdown phase (April, 2020) 0.40 ppm) whereas no statistical significant difference was observed in DO values between Diamond Harbour and Namkhana (p < 0.05) during During the lockdown phase, the DO level has pre-COVID-19 years (Fig. 4A). Notably, no increased day by day and similar trend is observed significant difference in DO concentration has been in all the selected stations (Fig. 6). These values are observed among three different sites during comparatively higher than the predicted values COVID-19 lock down period (Fig. 4B). (means if no lockdown would have occurred) during this period (Fig. 7). Fig. 4 Variation of DO among three different study sites at Hooghly-Matla estuarine complex, in the lower Gangetic delta, West Bengal, A. preCOVID-19 Outbreak (1984-2019), B. Covid-19 Outbreak lock down phase (*= p < 0.05; *= p < 0.05) Fig. 6. Trends of Dissolved Oxygen (DO) concentration at three stations in the HooghlyMatla estuarine complex during COVID-19 lockdown phase Year wise trends of Dissolved Oxygen (DO) concentration at three stations in the Hooghly-Matla estuarine complex during pre-COVID (1984-2019) have shown a decreasing trend (Fig. 5). Fig. 7. Difference between the observed and predicted values of DO at Hooghly-Matla estuarine water during COVID-19 Out break period, April, 2020 Fig. 5 Year wise trends of Dissolved Oxygen (DO) concentration at three stations in the 72 NUJS Journal of Regulatory Studies Special Issue April 2020 Discussion References COVID-19 lockdown phase turned the chapter of 1. Abdel-Tawwab M, Hagras AE, Elbaghdady environment to a great extent (Mitra et al., 2020). HAM, Monier, MN. (2015). Effects of dissolved The aquatic ecosystem in and around Indian oxygen Sundarbans is no exception to this rule. The DO tilapia, Oreochromis level has exhibited two peaks during the entire data performance, whole-body composition, and sets (i) 2009 peak due to super cyclone AILA (Mitra innate et al., 2011) and (ii) 2020 peak during COVID-19 International, 1261-1274. and fish size on niloticus (L.): Nile growth immunity. Aquaculture lockdown phase. The second peak is the issue of the 2. Banerjee A, Chakraborty M, Rakshit N, present article, which may be due to negligible input Bhowmick AR, Ray S. (2018). Environmental of wastes from several anthropogenic sources that factors as indicators of dissolved oxygen arise from industrial and domestic activities. The concentration and zooplankton abundance: Deep lockdown phase, initiated on and from 25th March, learning versus traditional regression approach. 2020 completely ceased all the industrial operations Ecological and movements of water transports that ultimately 10.1016/j.ecolind.2018.09.051. Indicators, DOI: upgraded the estuarine water quality as revealed by 3. Butler B, Burrows D, Morgan G. (2010). the hike in DO values. The increase of DO level has Dissolved oxygen tolerance of exotic freshwater several positive implications particularly in the fish species in north Queensland report 10/08 of domain of sustaining the fish resources of the the Australian Centre for Tropical Freshwater estuarine system. Research, James Cook University, Townsville, to the Marine and Tropical Sciences Research Sondipon Chakrabarty is from Kingston College of Science, Kingston Educational Institute, Berunanpukuria, Mallikapur. Facility. Reef and Rainforest Research Centre Limited, Cairns, 22 pp. 4. Kan H. Ankita Mitra is a PhD Scholar at Department of Evolutionary Biology, University of Haifa, Israel. (2009). Environment and Health in China: Challenges and Opportunities. Environ Health Perspect, 117 (12), A530-A531. Prosenjit Pramanick is from Department of Oceanography, Techno India University, West Bengal. 5. Mitra A, Banerjee K, Sengupta K. (2011). Impact of AILA, a tropical cyclone on salinity, pH and dissolved oxygen of an aquatic sub- Sufia Zaman is the Associate Professor and Head of the Dept. of Oceanography, Techno India University, West Bengal. system of Indian Sundarbans. National Academy of Science Letters, 81 (II), 198 - 205. Abhijit Mitra is the Associate Professor and former Head of the Dept. of Marine Science, University of Calcutta. 6. Mitra A, Ray Chadhuri T, Mitra A, Pramanick P, Zaman S. (2020). Impact of COVID-19 related shutdown on atmospheric carbon dioxide 73 NUJS Journal of Regulatory Studies Special Issue April 2020 level in the city of Kolkata. Parana Journal of Science and Education, 6 (3), 84-92. 7. Mitra A, Zaman S. (2014). Carbon sequestration by Coastal Floral Community, India. Published by The Energy and Resources Institute (TERI) TERI Press. ISBN 978-81-7993-551-4. 8. Mitra A, Zaman S. (2015). Blue carbon reservoir of the blue planet, published by Springer, ISBN 978-81-322-2106-7, DOI 10.1007/978-81-322-2107-4. 9. Mitra A, Zaman S. (2016). Basics of Marine and Estuarine Ecology. Springer ISBN 2016, 97881-322- 2705-2. 10. Mitra A. (2013). Sensitivity of Mangrove Ecosystem to Changing Climate. Publisher Springer New Delhi Heidelberg New York Dordrecht London, ISBN-10: 8132215087; ISBN-13: 978-8132215080. 11. Mitra A. (20180. Estuarine Pollution in the Lower Gangetic Delta. Springer ISBN 978-3319-93304-7. 12. Mitra, A. (2019). Estuarine Pollution in the Lower Gangetic Delta. Published by Springer International Publishing, ISBN 978-3-319- 93305-4, XVI, 371. 13. Paul D. (2017). Research on heavy metal pollution of river Ganga: A review. Annals of Agrarian Science, (15) 2, 278-286. 74 NUJS Journal of Regulatory Studies Special Issue April 2020 Eco-restoration of River Ganga water quality during COVID19 lockdown period using Total Coliform (TC) as proxy Pritam Mukherjee, Prosenjit Pramanick, Sufia Zaman and Abhijit Mitra lockdown period (in the month of April 2020) Abstract irrespective of the study site (i.e., from 10,942.50 ± In the recent past, rapid urbanization and industrialization induced 1942.50 to 2,225 ± 754.43; p < 0.01 in case of environmental Babughat and from 9,045.00 ± 1695.97 to 1,772.50 contamination especially in the water bodies ± 477.87; p < 0.01 in case of second Hooghly including river waters has posed a severe challenge Bridge). This sudden drop in coliform bacterial to the aquatic fauna as well as to the rural and load may be due to non-functioning of the industrial urban populace whose life depends on these river units, tourism, traffic movements together with ecosystems. However, owing to the Coronavirus reduced waste disposal and fishing activities, induced global pandemic and the concomitant absence of bathing activities and religious rituals lockdown in nearly all parts of the World, the along the bank of the River Ganges amidst the situation has changed significantly. The present COVID-19 induced lockdown phase. study is a time series analysis of the coliform bacterial load at two sites (2nd Hooghly Bridge and Keywords: Babughat) in the River Ganges along the city of fermentation technique, Most Probable Number, Kolkata, the capital of the state of West Bengal, River Ganges water, COVID-19 lockdown period Total Coliform, Multiple-tube India. The river water samples were collected during the pre-monsoon season from April 2008 – Introduction April 2020 for analyzing the Total Coliform (TC) Like many other metropolitan cities, the city of load in the selected sites. A significant spatial Kolkata (the former capital of British India and the difference was observed in the TC matrix of the capital of the state of West Bengal, India) is located study site with relatively higher value in Babughat on the bank of the River Ganges or Ganga. This (10,271.92 ± 3050.35 MPN/100 ml) compared to 2,601 km long river primarily originates in the second Hooghly Bridge (8,485.58 ± 2589.40 Gangotri Glacier situated in the western Himalayas MPN/100 ml), with a p value of < 0.1. Interestingly, of Uttarakhand, India and flows south-east along it was also observed that there was an abrupt the Gangetic Plains of India and Bangladesh, and decrease in TC values during the COVID-19 eventually empties into the Bay of Bengal. The 75 NUJS Journal of Regulatory Studies Special Issue April 2020 River Ganges is a lifeline to millions of people to humans, but also to endemic faunal community living along its course of flow. It is considered as a as the Ganges is home to ~140 species of fishes and sacred river by the Hindus and worshiped as the ~90 species of amphibians. The river also harbors goddess Ganga in Hinduism. However, the reptiles and mammals, including the critically past several decades the Ganges is threatened by endangered species like the gharials and the South severe pollution mostly owing to the rapid Asian river dolphins. In addition, the environmental industrialization, urbanization and various other health especially that of river water has significant increased anthropogenic actions including but not influence on the microbial flora since the microbes limited to tourism and fishing. Various rituals (such derive their nutrition from the ambient water and as cremation, religious offerings of burnt ashes of pollutants that stimulate microbial growth and the dead bodies, fruits and flowers, immersion of proliferation. The levels of fecal coliform bacteria mud idols of the Hindu Gods and Goddesses), and from human wastes in the river in specific locations bathing activities are performed round the year by are thousands of worshippers along its banks, which government's official permissible limit. The Ganga together with laundry (by the domestic and Action Plan, an environmental initiative to clean up launderer’s community), fishing activities (by the the river, is yet to see the light of success, due to fishermen), tourism ventures, ferry and freight various reasons including poor technical expertise services contaminate the river water with numerous and environmental planning, and a lack of organic and inorganic wastes including detergents, awareness amongst the mass on the ecosystem heavy metals and hydrocarbons like polycyclic services of this mighty river of the sub-continent. over aromatic hydrocarbons (PAHs) (Goswami and hundred times higher than the Indian Coliform bacteria are a group of aerobic and Mazumdar, 2016; Rakshit and Sarkar, 2018). facultative anaerobic, Gram-negative, non-spore Moreover, the various industries including jute forming, mills, brick kilns, tanneries, battery industries, rod-shaped, motile or non-motile microorganisms, which ferment lactose with the fertilizers and soap factories, oil refineries, thermal production of acid and gas within 48 hours when power plants, fishery and shrimp farming units etc. kept under 35°C – 37°C (Li and Liu, 2018). Besides located on the fringes of this river along with the being present in the environment, these special sewage canals connected with this river (and groups of bacteria typically comprise the microflora untreated sewage discharge) are the additional point of the fecal matter of all warm-blooded animals sources of coliform bacteria, heavy metals and including humans (Martin et al., 2016). Although, hydrocarbons (Mitra, 1998; Mitra, 2013). Together, the coliforms generally do not cause serious illness these river water pollutants pose a danger not only or disease, however, their presence either in 76 NUJS Journal of Regulatory Studies Special Issue April 2020 drinking water (ground and surface water) or food is Materials and Methods a strong indicator of the presence of pathogenic Sampling of the river water organisms of fecal origin in the system under study (Li and Liu, 2018). The complete coliform bacterial Water samples from the River Ganges were population is termed Total Coliform (TC) out of collected aseptically in sterilized glass container which a subset is referred to as the Fecal Coliform (autoclaved) on a yearly basis with utmost care (FC) and E. coli bacteria comprise a fraction of this from two selected study sites namely second FC population (Brackett et al., 1993). Presence of Hooghly Bridge (22°33'31.4''N; 88°19'38.5''E) and TC in water is indicative of environmental Babughat (22°34'10.3''N; 88°20'28.5''E) located in contamination while presence of FC and E. coli Kolkata district of West Bengal, India for a period indicate of 12 years during 2008-2019 in the pre-monsoon fecal contamination. However, of seasons prior to the Coronavirus pandemic. anthropogenic activities on the environmental However, during the phase of COVID-19 induced health is not always easy unless one carries out a lockdown, weekly water samples were collected comparative analysis of the same under two during April 2020 for a period of one month. The contrasting conditions i.e., both in presence and collected samples were immediately transferred in absence of human activities to fully understand or ice-box and brought to the laboratory for further pin point the parameters of eco-restoration of river analysis. determination of the adverse impacts water quality. The Coronavirus induced global pandemic (https://www.coronavirus.gov/) subsequent lockdown phase for Determination of Total Coliform (TC) from and water maintaining adequate social distancing measures provided the The total coliform of water was determined by perfect opportunity to study the comparative health multiple-tube of the River Ganges flowing through this densely- 1998). The multiple-tube fermentation technique is populated industries. a three-stage procedure in which the results are Therefore, the overall objective of the present study statistically expressed in terms of the Most Probable is to compare the Total Coliform (TC) load of the Number River Ganges at two sites of the Kolkata metropolis (https://www.epa.gov/sites/production/files/2015- prior to global COVID-19 pandemic and during 12/documents/9131.pdf). city of Kolkata with COVID-19 induced lockdown period through a fermentation technique (APHA, (MPN) The technique involves inoculating the sampled time-series analysis. water in a liquid medium of lauryl tryptose broth, a selective media used for the detection of coli77 NUJS Journal of Regulatory Studies Special Issue April 2020 aerogenes bacteria in water (Corry et al., 2003). Preparation of the Brilliant Green Lactose Bile After completion of the incubation period, the tubes broth for confirmed test were examined for growth, acid and gas production For preparation of Brilliant Green Lactose Bile by the coliform organisms. This test is known as broth (peptone - 10.0 g/l; lactose - 10.0 g/l; oxgall - presumptive test. Since the organisms other than the 20.0 g/l; brilliant green - 0.0133 g/l), firstly the coliform may also produce this reaction, the required amounts of dehydrated ingredients were positive tubes from the presumptive test were dissolved in 1 litre of sterilized distilled water, subjected to a confirmatory test. The density of which was thoroughly mixed and slightly heated by bacteria was calculated based on positive and proper swirling and then pH was adjusted to 6.8± negative combination of the tubes. The results were 0.2. After that, the broth was distributed in the test expressed in MPN/100 ml (APHA, 1998). The total tubes (10 ml each) containing inverted Durham's coliform was determined using lauryl tryptose broth tubes and then placed in the autoclave for and Brilliant Green Lactose Bile (BGLB) broth. sterilization at 121°C and 15 lb for 15 minutes. Preparation of the lauryl tryptose broth for Presumptive test for Total Coliform of water presumptive test For the presumptive total coliform test, Lauryl To prepare lauryl tryptose broth (tryptose - 20.0 g/l; Tryptose Broth was used as culture medium. For lactose - 5.0 g/l; K2HP04 - 2.75 g/l; KH2PO4 - 2.75 analysis of water, five test tubes each of 10 ml, 1 ml g/l; NaCl - 5.0 g/l; sodium lauryl sulfate - 0.1 g/l), at and 0.1 ml sample portion were used for the first the required amounts of dehydrated ingredients presumptive test. The first set containing five for single strength (SS) and double strength (DS) numbers of 10 ml DS broth tubes. Second and third were dissolved separately in each 1 l of sterilized sets containing ten numbers of 10 ml SS broth distilled water and it was thoroughly mixed and tubes. Each tube in a set of five containing 10 ml, 1 slightly heated by proper swirling. The pH was ml and 0.1 ml of water samples were inoculated in adjusted to 6.8±0.2. After that, it was distributed as the first, second and third sets of media tubes required (10 m1 DS and 10 ml SS) in test tubes respectively and mixed thoroughly. In each case, a containing inverted Durham's tubes and then placed control set was also run parallel. The inoculated test in the autoclave for sterilization at 121ºC and 15 lb tubes were incubated at 36±1°C. After 24 hours for 15 minutes. examined for growth, gas and acidic reaction. If there was no gas and acid production then the tubes were incubated and examined again at the end of 48 hours. Within each tube, Durham's tube was placed 78 NUJS Journal of Regulatory Studies Special Issue April 2020 in an inverted position to show the bacterial growth monsoon season from April 2008 – April 2020 for with emission of gas. Production of gas bubbles and comparative analysis of Total Coliform (TC) load in acids with growth was shown in the tubes within 48 the River Ganges flowing through the metropolitan hours contributes a presumptive reaction. After the city of Kolkata and the result is represented in Fig. incubation period of 48 hours, the numbers of 1. For site A, the TC values in the river water positive tubes were counted and proceeded for sample ranged from 1.773  103 MPN/100 ml to confirmatory test. 11.940  103 MPN/100 ml whereas in case of site B, the TC values ranged from 2.225  103 MPN/100 Confirmatory test for Total Coliform of water ml to 14.810  103 MPN/100 ml (Fig. 1). For confirmatory test for Total Coliform, culture medium used was Brilliant Green Lactose Bile 16000 Total Coliform (TC) in MPN/100 ml broth. The positive presumptive tubes were gently shaken and with a sterile loop (3.0 - 3.5 mm in diameter), one or two loop full of culture was transferred to a test tube containing 10 ml Brilliant Green Lactose Bile broth with an inverted Durham's tube. The inoculated Brilliant Green Lactose Bile 14000 Second Hooghly Bridge Babughat 12000 10000 8000 6000 4000 2000 0 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Time period in year broth tubes were incubated at 36±1°C. Formation of any gas with growth within 48 hours constituted the Fig. 1. A comparative time-series analysis of Total Coliform (TC) in the water of the River Ganges at two different sites (2nd Hooghly Bridge, closed triangles; Babughat, closed circles) collected during pre-monsoon season. Each symbol represents the mean of triplicate values confirmed test. The results were obtained in MPN/100 ml by comparing with standard MPN table. Statistical analysis Analysis of statistical significance was performed A significant spatial difference is noticed in the TC using One-Way ANOVA. All statistical analyses matrix of the study site’s river water samples with were done using SPSS 12.0 for Windows (SPSS relatively higher mean MPN value in Babughat Inc., USA). (10,271.92 ± 3050.35 MPN/100 ml) compared to Results second Hooghly Bridge (8,485.58 ± 2589.40 The river water samples were collected from two different study sites namely 2 nd MPN/100 ml) with a p value of < 0.1. Interestingly, Hooghly Bridge it is also observed that there is a drastic decrease in (site A) and Babughat (site B) during the pre- average TC values (MPN/100 ml) during the 79 NUJS Journal of Regulatory Studies Special Issue April 2020 COVID-19 lockdown period (in the month of April 2020) irrespective of the study site (i.e., from Total Coliform (TC) in M PN/100 ml 3500 10,942.50 ± 1942.50 to 2,225 ± 754.43; p < 0.01 in case of Babughat and from 9,045.00 ± 1695.97 to 1,772.50 ± 477.87; p < 0.01 in case of Second Hooghly Bridge) compared to pre-COVID-19 period (Fig. 2). Total Coliform (TC) in MPN/100 ml 12000 Pre-COVI D-19 10000 3000 2500 Second Hooghly Bridge Babughat 2000 1500 1000 500 0 COVI D-19 8000 6000 4000 2000 Fig. 3. A weekly comparative analysis of Total Coliform (TC) load in the River Ganges water at two different sites (Second Hooghly Bridge and Babughat) for the month of April during COVID-19 induced lockdown phase. Each column bar represents the mean of triplicate values 0 Second Hooghly Bridge Selected study sites Babughat Fig. 2. A comparative analysis of Total Coliform (TC) load in the water of the River Ganges at two selected sites (Second Hooghly Bridge and Babughat) during pre-COVID-19 phase versus COVID-19 induced lockdown phase. The error bars represent the standard deviation from mean of twelve values and four values for pre-COVID19 phase and COVID-19 induced lockdown phase respectively irrespective of the study site Discussion The River Ganges flowing through this capital city of the Indian state of West Bengal is an integral part of the city’s urban life and many industries and domestic lives are dependent on its water. At the Moreover, the weekly data set from both site A and same time, various industrial and anthropogenic B for the month of April, 2020 during the COVID- activities are the constant sources of the river water 19 lockdown phase showed that the TC values in contamination including coliform bacteria (Mitra, the water samples ranged from 1.25  103 MPN/100 2019). ml to 2.40  10 MPN/100 ml and 1.50  10 3 3 Although, the rise of industries and human MPN/100 ml to 3.10  103 MPN/100 ml for site A interventions over a period of time has an adverse and site B respectively with highest value in the impact on environmental health, it is congenial for first week of April 2020 and lowest value in the last the growth and multiplication of microbes as the week of April 2020 irrespective of the study sites latter obtain various nutrition from these industrial (Fig. 3). effluents and sewage wastes. In developing 80 NUJS Journal of Regulatory Studies Special Issue April 2020 countries like India where discharge of sewage Few mitigating measures that could be undertaken water is not always adequately controlled, the river to control the contamination of the River Ganges water receiving the untreated discharges from the water include a) controlled industrial waste sewage canals connected with the river are often disposal, b) treatment of sewage wastes prior to threatened with the problem of fecal contamination their discharge in the river water, c) prohibition of (Strauss, 1996). Reports of the multiplication of community bathing, d) control of religious rituals, microbes in the scenario of increasing pollution is e) controlled anthropogenic ventures, f) periodic available World monitoring of water quality, g) routine microbial (https://www.coronavirus.gov/) and the present analysis (coliform load) of river water, and h) study area with a huge quantum of solid and liquid introduction of probiotic strains or coliphages effluents is an ideal premise for rapid proliferation (bacteriophages that could kill coliforms such as E. of the microbes (especially the coliform bacteria). coli) with proper EIA. The Coronavirus mediated global pandemic has Pritam Mukherjee is a post-doctoral researcher in the Department of Oceanography at Techno India University, West Bengal. throughout the resulted in lockdown throughout the World. The metropolis of India such as Kolkata is no exception. Interestingly, the global pandemic Prosenjit Pramanick is from Department of Oceanography, Techno India University, West Bengal. mediated lockdown improves river water quality to a great extent. The sharp decline in the TC load during the Sufia Zaman is the Associate Professor and Head of the Dept. of Oceanography, Techno India University, West Bengal. lockdown phase may be attributed to nonfunctioning of the industrial units, traffic movements, tourism together with reduction in waste disposal and fishing maneuvers, lack of Abhijit Mitra is the Associate Professor and former Head of the Dept. of Marine Science, University of Calcutta. community bathing activities and various religious rituals along the banks of the River Ganges. The results of the present study shed light on the importance of lockdown induced reduction of human intervention of the References surrounding environments (Ganges in this case), thereby 1. American Public Health Association (APHA). drastically improving the microbiological quality of (1970). Recommended procedures for the the River Ganges water. examination of sea water and shellfish. In Recommended procedures for the examination of sea water and shellfish. 81 NUJS Journal of Regulatory Studies Special Issue April 2020 2. Brackett RE, Smallwood DM, Fletcher SM, Dordrecht London, 2013 edition; ISBN-10: Horton DL. (1993). Food safety: critical points 8132215087; ISBN-13: 978-8132215080. within the production and distribution system. 11. Mitra A. (2019). Estuarine Pollution in the Postharvest Handling, Academic Press, 301- Lower Gangetic Delta. Published by Springer 326. International of media 12. Rakshit D, Sarkar SK. (2018). Idol immersion industrial and its adverse impact on water quality and microbiology. Brain Heart Infusion (BHI), 37, plankton community in Hooghly (Ganges) River 499-500. Estuary, India: Implications for conservation progress in for 978-3-319- food microbiology culture ISBN 93305-4, XVI, 371. 3. Corry JEL, Curtis GDW, Baird RM. (2003). Handbook Publishing, 4. Goswami K, Mazumdar I. (2016). How Idol management. Immersion is Polluting The Ganga River in 13. Strauss M. (1996). Health (pathogen) Kolkata, West Bengal: An Overview. Indian considerations regarding the use of human waste journal of applied research, 6 (10). in aquaculture. Environmental Research Forum, 5. https://www.coronavirus.gov/ 5 (6), 83-98. 6. https://www.epa.gov/sites/production/files/2015 -12/documents/9131.pdf 7. Li D, Liu S. (2018). Water Quality Monitoring and Management: Basis, Technology and Case Studies. Academic Press. 8. Martin NH, Trmčić A, Hsieh TH, Boor KJ, Wiedmann M. (2016). The Evolving Role of Coliforms as Indicators of Unhygienic Processing Conditions in Dairy Foods. Frontiers in Microbiology, 7, 1549. 9. Mitra A. (1998). Status of coastal pollution in West Bengal with special reference to heavy metals. Journal of Indian Ocean Studies, 5 (2), 135-138. 10. Mitra A. (2013). In: Sensitivity of Mangrove Ecosystem to Changing Climate. Publisher Springer New Delhi Heidelberg New York 82 NUJS Journal of Regulatory Studies Special Issue April 2020 Status of brackish water phytoplankton during COVID-19 lockdown phase Nabonita Pal, Prabir Barman, Sujit Das, Sufia Zaman and Abhijit Mitra species. One of the major challenges for aquatic Abstract ecologists is to understand the natural processes and Phytoplankton act as the energy source for anthropogenic factors, which regulate the standing maintaining the aquatic food web. Threats like high biomass of phytoplankton in pelagic ecosystems. suspended particulate matter, oil film, heavy metals, Understanding these processes would improve our POPs etc. pose a negative effect on this primary ability to regulate/control nuisance and toxic algal producer community which have far reaching blooms, maintain the aesthetics of surface water adverse impact on aquatic food web. However, bodies, protect drinking water supplies, and during COVID-19 lockdown phase, the major improve fisheries production (Vollenweider, 1976; sources of pollution have been cut-off resulting in Carpenter et al., 1985; McQueen et al., 1986; the restoration of phytoplankton standing stock as Carmichael, 1994; Pauly and Christensen, 1995; evidenced from the data of Diamond Harbour Brett and Goldman, 1996; Brett and Goldman, station along the Hooghly estuary during 2018 1997; 5 5 Falconer, 1999; Micheli, 1999). (219.03×10 /L), 2019 (226.75 ×10 /L), and 2020 Phytoplankton is the foundation of the aquatic food (430.63 ×105/L). cycle, meaning that they are the primary producers (Vargas et al., 2006). Keywords: Phytoplankton, COVID-19, Diamond The fish resources of the nation that is directly Harbour, Hooghly estuary linked with the economic profile of the country is dependent on the phytoplankton stock as they are Introduction primary producers of aquatic system and transfer Phytoplankton are free floating, microscopic floral the energy to members of higher trophic levels like entities that thrive luxuriantly within the photic fishes and other commercially important aquatic zone of the ocean, estuaries and different aquatic species by serving as their major food sources. The systems. They are the key players in maintaining present paper is, therefore, an attempt to assess their the nutrient and energy flow through marine and status during the COVID-19 lockdown phase, when estuarine food webs. The phytoplankton community all the pollution sources have been cut-off with encompasses both prokaryotic and eukaryotic 83 NUJS Journal of Regulatory Studies Special Issue April 2020 upgradation of environmental quality (Mitra et al., from the stock through the pipette was transferred to 2020). the Sedgwick Rafter counting cell. The sample for counting in this chamber was spread evenly in the Materials & Methods form of a thin layer and this was done by placing a Phytoplankton samples were collected during April cover slip diagonally across the counting cell and 2018, 2019 and 2020 through a vertical tow of a the sample was then introduced at one of its corner. plankton net (20 µm effective mesh size) at The total number of plankton (standing stock) Diamond Harbour station along the Hooghly present in a litre of water sample was calculated estuary. The plankton net was approximately 50 cm using the formula: long, with a 26 cm diameter mouth and a 10 cm N= nv/V diameter opening at the cod end, which was tied to a 125 ml TARSON collection bottle. The samples Where, collected were preserved by using 1 ml of 37% N= total number plankton cells per litre of water formaldehyde (~2% final concentration) to identify filtered. the phytoplankton species. Phytoplankton cell identifications were based on standard taxonomic n = average number of plankton cells in 1ml of keys (Verlencar, 2004; Botes, 2003). plankton sample. Enumeration of phytoplankton density and v = volume of plankton concentrate (ml) diversity V= volume of total water filtered (l) The water samples collected within bucket of a The units of standing crop are N/l or N×103 /m3 known volume was filtered through the bolting silk cloth and the plankton was Results concentrated. Centrifugation was carried out to concentrate the The analytical results show that the standing stock sample. The final volume of plankton concentrate of phytoplankton in the selected station is highest in was recorded to achieve the result of plankton April, 2020 compared to the April, 2019 and April, density in terms of cells/litre or cells/m3. This step 2020 as highlighted in Fig. 1. involved the counting of plankton through Sedgwick Rafter. 1 ml of plankton sample obtained 84 NUJS Journal of Regulatory Studies Special Issue April 2020 environment (Mitra et al., 2020). Due to lockdown imposed by the Central and State Government, the discharges from industries, tourism units have been cut-off. In addition, the water transport system has also ceased due to which the stress on this tiny producer community has been withdrawn. This is reflected through higher standing stock of phytoplankton during April, 2020 (430.63 ×105/L), compared to April, 2019 (226.75 ×105/L) and April, 2018 (219.03 ×105/L) as shown in Fig. 1 This Fig. 1 Standing stock of phytoplankton in increase in standing stock has high probability to Diamond Harbour along the Hooghly estuary accelerate the estuarine fish resources in the years to come. Discussion In conclusion it can be advocated that COVID-19 The phytoplankton at the base of aquatic food lockdown phase has accelerated the growth of pyramid are exposed to threats of various categories phytoplankton species in the brackish water system arising from industrial and domestic discharges. along the Hooghly estuary, probably due to The suspended particulate matter and oil film complete removal of stress from posed by pollution associated with aquatic ecosystem inhibits the solar from point and non-point sources. Thus the energy to penetrate the water column thereby COVID-19 lockdown process, in other way, has posing a negative impact on phytoplankton. This exposed the biodiversity face of the aquatic type of stress is common in the estuarine water of ecosystem in a positive direction. Indian Sundarbans due to continuous movement of Nabonita Pal is from Department of Oceanography, Techno India University, West Bengal. passenger’s vessels, fishing trawlers, ships, oil tankers along the navigation route. In addition to Prabir Barman is from Department of Forestry and Biodiversity, Tripura University, Tripura. this, the industries situated along the Hooghly estuary also add substantial amount of suspended Sujit Das is from Department of Forestry and Biodiversity, Tripura University, Tripura. particles in the water body thus retarding the growth Sufia Zaman is the Associate Professor and Head of the Dept. of Oceanography, Techno India University, West Bengal. of the tiny producer community (Mitra, 2013; Mitra and Zaman, 2014; Mitra and Zaman, 2015; Mitra and Zaman, 2016; Mitra, 2019). The COVID-19 phase, however, turned the picture of Abhijit Mitra is the Associate Professor and former Head of the Dept. of Marine Science, University of Calcutta. the 85 NUJS Journal of Regulatory Studies Special Issue April 2020 Published by The Energy and Resources Institute (TERI) TERI Press, India. References 1. Botes, L. (2003). Phytoplankton Identification Catalogue, Saldanha Bay, South Africa, (Glo Ballast Monograph Series No. 7. IMO London). 11. Mitra, A. & Zaman, S. (2015). Blue carbon reservoir of the blue planet. Published by Springer. ISBN 978-81-322-2106-7 (Springer DOI 10.1007/978- 81-322-21074). 2. Brett, M.T. & Goldman, C.R. (1996). A meta-analysis of the freshwater trophic cascade. Proceedings of the National Academy of Sciences of the United States of America 93: 7723–7726. 12. Mitra, A. & Zaman, S. (2016). Basics of Marine and Estuarine Ecology. Springer. ISBN 978-81- 322-2705-2. 13. Mitra, A. (2013). In: Sensitivity of Mangrove ecosystem to changing Climate. Springer. DOI: 3. Brett, M.T. & Goldman, C.R. (1997). Consumer versus resource control in freshwater pelagic food webs. Science 275: 384–386. 14. Mitra, A., Ray, Chaudhury, T., Mitra, A., Pramanick, P., Zaman, S. (2020). Impact of COVID-19 related shutdown on atmospheric carbon dioxide level in the city of Kolkata. Parana Journal of Science and Education, 6(3), 84-92. 4. Carmichael, W.W. (1994). The toxins of cyanobacteria. Scientific American January, 78–102. 5. Carpenter, S.R., Kitchell, J.F., & Hodgson, J.R. (1985). Cascading trophic interactions and lake productivity. BioScience 35: 634– 639. 15. Pauly, D. & Christensen, V. (1995). Primary production required to sustain global fisheries. Nature 374: 255–257. 6. Falconer, I.R. (1999). An overview of problems caused by toxic blue–green algae (cyanobacteria) in drinking and recreational water. Environmental Toxicology 14: 5–12. 16. Vargas. C.A., Escribano, R. and Poulet, S. (2006). Phytoplankton food quality determines time windows for successful zooplankton reproductive pulses. Ecology 8, 2992-2999. 7. McQueen, D.J., Post, J.R. & Mills, E.L. (1986). Trophic relationships in freshwater pelagic ecosystems. Canadian Journal of Fisheries & Aquatic Sciences 43: 1571– 1581. 17. Verlencar, X.N. (2004). Phytoplankton identification manual. National Institute of Oceanography, Dona Paula, India. 18. Vollenweider, R.A. (1976). Advances in defining critical loading levels for phosphorus in lake eutrophication. Memorie dell’Istituto Italiano d’Idrobiologia 33: 53– 83. 8. Micheli, F. (1999). Eutrophication, fisheries, and consumerresource dynamics in marine pelagic ecosystems. Science 285: 1396– 1398. 9. Mitra A. 2019. In: Estuarine Pollution in the Lower Gangetic Delta. Published by Springer. ISBN 978-3-319-93304-7. 10. Mitra, A. & Zaman, S. (2014). Carbon Sequestration by Coastal Floral Community. 86 NUJS Journal of Regulatory Studies Special Issue April 2020 Nutrient load in the River Ganges during the COVID-19 lockdown phase: A Ground Zero observation Tapti Sengupta, Prosenjit Pramanick and Abhijit Mitra processed animals especially bats, although various Abstract views exist behind the cause of the pandemics. The We conducted a field level analysis during COVID- virus belongs to the SARS and MERS family and 19 lockdown phase from 3rd April to 24th April, causes pneumonia-like symptoms. Until recently, it 2020 to scan the water quality of the River Ganges was not known to spread from human to humans. with respect to nitrate and phosphate load at three The virus seems to have morphed in the past few selected sites namely Botanical Garden, Babughat months causing mass mortalities worldwide and and 2nd Hooghly Bridge. The data generated were causing casualties in all the continents. This deadly compared with the previous data sets in the study virus has been named COVID-19 and WHO area. We observed a sharp decline in the nutrient declared it as a pandemic. Since then, speculations level during the lockdown phase, irrespective of and research is going on to find a suitable vaccine stations/sites confirming the positive role of for the same. Since the disease spreads from one lockdown on the aquatic system of the River person to another, and also from contaminated Ganges. Minimum anthropogenic pollution can be surfaces, social distancing has been cited as a the reason behind the decrease of these nutrients, potential measure to contain this infection. Keeping leading to a balanced ecosystem in the River this in view majority of the countries have imposed Ganges. The lockdown phase has allowed the lockdown to slow down the rate of infection. In aquatic ecosystem to revive its balance and has India, Maharashtra is the state with highest rate of reduced the stress on the aquatic flora and fauna. infection and mortality followed by Delhi and Gujarat. Kolkata too has been facing cases of Keywords: COVID-19, River Ganges, nitrate, Coronavirus infection with about 22 deaths as of phosphate 28th April, 2020 as informed by Health and Family Welfare Department of Government of West Bengal (https://en.m.wikipedia.org/wiki/2020_coronavirus_ Introduction pandemic_in_West_Bengal). The Coronavirus infection that is causing a Lockdown was imposed to slow the spread of this virus and to worldwide havoc is said to initiate in the Wuhan make people aware of its magnitude of devastation. province of China during December 2019. The disease is presumed to be caused by eating under87 NUJS Journal of Regulatory Studies Special Issue April 2020 The city of Kolkata at present has a total population Strickland and Parsons (1972) was adopted to of 1,48,50,066 with a population density of 24000 determine the nutrient concentration in surface people/km2 water. Nitrate was analysed by reducing it to nitrite (https://worldpopulationreview.com/world- by passing the sample with ammonium chloride cities/kolkata-population/). The sewage released buffer through a glass column packed with from this huge population is the primary source of amalgamated cadmium filings and finally treating nitrate and phosphate in the aquatic system of the the solution with sulphanilamide. The resultant River Ganges. Apart from this, the chain of diazonium ion was coupled with N-(1-napthyl)- factories situated along the bank of the River ethylene diamine to give an intensely pink azo dye. Ganges, the regular bathing in the river, the Determination of the phosphate was carried out by movements of vessels also contribute appreciable treatment of an aliquot of the sample with an acidic amount of nutrients in the aquatic phase. The molybdate reagent containing ascorbic acid and a COVID-19 pandemic, however, has put a pause to small proportion of potassium antimony tartarate. all these activities and hence there is a high chance The reading was finally taken through UV- of alteration of nutrient budget in the Ganges River, spectrophotometer. along the banks of the city of Kolkata. The present Result paper is a snapshot of the nitrate and phosphate The variation of dissolved nitrate and phosphate in levels Garden all the selected stations over a period of 6 years Babughat including the lockdown phase (2015-2020) is at three (22°33'06.4''N; stations (Botanical 88°18'06.6''E), (22°34'10.3''N; 88°20'28.5''E) and 2nd Hooghly highlighted in Figs. 1 and 2 respectively. Bridge (22°33'31.4''N; 88°19'38.5''E)) in the study area during the COVID-19 lockdown phase (3rd April, 2020 to 24th April, 2020) and pre-COVID-19 period (2015-2019). Methodology Surface waters for nutrient (nitrate and phosphate) analyses were collected in clean TARSON bottles and transported to the laboratory in ice-freeze condition. Triplicate samples were collected from Fig. 1. Spatio-temporal variation of dissolved nitrate (in µgm-at/l) in the selected sites the same sites to maintain the quality of the data. The standard spectrophotometric method of 88 NUJS Journal of Regulatory Studies Special Issue April 2020 Fig. 2. Spatio-temporal variation of dissolved phosphate (in µgm-at/l) in the selected sites Weekly observation of the dissolved nitrate and Fig. 4. Weekly variation of dissolved phosphate (µgm-at/l) in three sites during lockdown phase phosphate in the selected stations during the lockdown phase shows a decreasing trend (Figs. 3 The concentrations of dissolved nitrate and and 4). phosphate in three sites were comparatively lower in the period of lockdown than the pre-COVID-19 period (Figs. 5 and 6). Fig. 3. Weekly variation of dissolved nitrate (µgm-at/l) in three sites during lockdown phase Fig. 5. Variation of dissolved nitrate (µgm-at/l) in three sites during pre-COVID-19 and COVID-19 period 89 NUJS Journal of Regulatory Studies Special Issue April 2020 magnitude of anthropogenic activities at the sites concerned. Babughat is highly congested area with a large bus terminus, market places, public toilets, hotels and food stalls. The nutrients released from these point sources without any treatment have made the adjacent Ganges water rich in nutrients compared to other two sites. The lockdown period, however, made these units mostly non-functional due to which the nutrient load has decreased Fig. 6. Variation of dissolved nitrate (µgm-at/l) in three sites during pre-COVID-19 and COVID-19 period gradually as revealed from the weekly data of April, 2020. Previous studies have documented the phenomenon of eutrophication in these areas Discussion (Tiwari et al., 2016) which can lower the level of COVID-19 pandemic has created a massive dissolved oxygen and pose adverse impact on devastation in every sector of human life starting aquatic lives. Low nutrients in the aquatic phase (as from industry to agriculture. The on-line education witnessed during the COVID-19 lockdown phase) is system in the educational sector is still under testing congenial for aquatic ecosystem and has the ability process. However, the pandemic has opened a to prevent eutrophication leading to better water positive horizon in the environmental sector (Mitra quality of the River Ganges in terms of nutrient load et al., 2020) due to shut down of the point and non- and point sources of pollution. In this study also, it is anthropogenic pollution may also lead to a decrease observed that both nitrate and phosphate exhibited a in pathogenic microbes and coliforms, making the rd sharp decline during this lockdown phase (3 April, harmful microbial population. Lesser water cleaner and healthier. th 2020 to 24 April, 2020) which may be due to less discharge of anthropogenic wastes from the outfalls Dr Tapti Sengupta is from the Department of Microbiology, West Bengal State University, Kolkata. and industrial effluents from the plants. A significant spatial variation is observed in the study Prosenjit Pramanick is from the Department of Oceanography, Techno India University, West Bengal. zone, with highest value at Babughat (62.56 µgmat/l for dissolved nitrate and 14.59 µgm-at/l for dissolved phosphate) and lowest at 2nd Hooghly Abhijit Mitra is the Associate Professor and former Head of the Dept. of Marine Science, University of Calcutta. bridge (49.18 µgm-at/l for dissolved nitrate and 11.27 µgm-at/l for dissolved phosphate). This spatial variation may be related to difference in the 90 NUJS Journal of Regulatory Studies Special Issue April 2020 References 1. https://en.m.wikipedia.org/wiki/2020_coron avirus_pandemic_in_West_Bengal 2. https://worldpopulationreview.com/worldcities/kolkata-population/ 3. Mitra A, Ray Chadhuri T, Mitra A, Pramanick P, Zaman S. (2020). Impact of COVID- 19 related shutdown on atmospheric carbon dioxide level in the city of Kolkata. Parana Journal of Science and Education, 6 (3), 84-92. 4. Strickland JDH, Parsons TR. (1972). A Practical Handbook of Seawater Analysis, The Alger Press Ltd. Ottowa. 5. Tiwari A, Dwivedi AC, Mayank P. (2016). Time Scale Changes in the Water Quality of the Ganga River, India and Estimation of Suitability for Exotic and Hardy Fishes. Hydrology Current Research, 7, 254. 91 NUJS Journal of Regulatory Studies Special Issue April 2020 Decreasing trend of near surface atmospheric CO2 level in the city of Kolkata during COVID-19 lockdown phase Arpita Saha, Indra Narayan Sardar, Prosenjit Pramanick, Sufia Zaman and Abhijit Mitra March, 2020. Our team was in the process of Abstract monitoring the near surface atmospheric CO2 since The lockdown phase associated with COVID-19 pandemic started in full swing on and from 25 20th March, when the lockdown was not in full th swing in the megacity. We therefore got a scope to March, 2020 with the aim to retard the spreading of compare the level of atmospheric CO2 just before the virus. We made an in-depth study on the near the lockdown and during the complete lockdown surface atmospheric CO2 level at three different phase associated with COVID-19. The present sites in the city of Kolkata before and during the paper, thus, aims to assess the effects of non- lockdown phase from 20.03.2020 to 26.04.2020. A functioning of significant decrease in the CO2 level is observed in atmosphere all the three selected sites (42.18% at Ramkrishna lockdown phase as ordered by the Central and State Ghat, 43.47% at Botanical Garden and 42.48% at Governments of the country. In this paper, we made Babughat), which may be due to absence of a time series analysis of atmospheric CO2 for 10 transport systems, industrial operations and other days (20th March, 2020 to 26th April, 2020) at three human activities in the megacity. sites of all CO2 the human activities on the level during megacity of the Kolkata complete having anthropogenic activities of varied nature. Keywords: COVID-19, Lockdown, Atmospheric Materials and Methods CO2, Kolkata Study site The megacity of Kolkata is the third largest city in Introduction India and situated in the east bank of the Hooghly The whole world is under the appalling shadow of River with an area of 187.33 km2 in the state of COVID-19 pandemics and the city of Kolkata is no West Bengal. Three sites along the bank of the exception to this event. With a population of River Ganga were selected for the present study 1,48,50,066 and a population density of 24,000/sq namely km 88°20'17.0''E), Botanical Garden (22°33'06.4''N; (https://worldpopulationreview.com/world- cities/kolkata-population/), the city has initiated a total lockdown of all activities on and from 25 Ramkrishna 88°18'06.6''E) th and Ghat Babughat (22°34'19.8''N; (22°34'10.3''N; 88°20'28.5''E). 92 NUJS Journal of Regulatory Studies Special Issue April 2020 Analysis The near surface atmospheric carbon dioxide concentrations at three selected sites were measured with a portable CO2 analyzer (Lutron CO2 meter, GCH-2018) during 20th March, 2020 to 26th April, 2020 during the afternoon hours. 10 readings were taken from each site at a distance of 8 meter apart and the mean values were considered for statistical analysis. The results obtained from these dates of observation were subject to Fig. 1. Variation of atmospheric CO2 (in ppm) level in the study sites during pre-COVID-19 and COVID-19 period ANOVA using SYSTAT. Results The lockdown phase exhibited significant decrease in CO2 level in all the selected sites (Fig. 1). The decrease percentage ranged from 42.18 at Ramkrishna Ghat to 43.47 at Botanical Garden, which may be attributed to different anthropogenic activities in the respective sites (Figs. 2 and 3). The maximum decrease in the site of the Botanical garden may be attributed to the presence of a large Fig. 2. Spatio-temporal variation of atmospheric CO2 in the study sites during the lockdown phase chunk of producer, which includes trees of various types. The role of urban vegetation in storing carbon was already cited by several researchers in and around the present study area (Mitra et al., 2012; Mitra and Zaman, 2014; Banerjee et al., 2015; Mitra et al., 2015; Mitra and Zaman, 2015; Mitra et al., 2016; Mitra and Zaman, 2016; Agarwal et al., 2017a,b; Banerjee et al., 2017; Mitra, 2019; Pal et al., 2019). The overall results strongly speak Fig. 3. Decrease percentage of atmospheric CO2 in study sites in favor of the regulatory influence of COVID-19 connected lockdown in slashing down the CO2 level in the urban atmosphere. 93 NUJS Journal of Regulatory Studies Special Issue April 2020 ANOVA data highlight significant variations in 2020. However, the air quality increased a lot with a near surface atmospheric CO2 between stations and decrease of 42.18%, 43.47% and 42.48% at days (p < 0.01) (Table 1). Ramkrishna Ghat, Botanical Garden and Babughat Table 1. ANOVA for the atmospheric CO2 between stations and between days respectively during the COVID-19 lockdown phase. The improvement of air quality in the megacity of Source of Variation SS df MS F P-value F crit Between days Between stations Error 135427.9 9 15047.54 65.94764 6.12E-12 2.456281 3758.867 2 1879.433 8.23684 0.002884 3.554557 4107.133 18 228.1741 Total 143293.9 29 Kolkata is thus an eye opener to the magnitude of damage caused by unregulated anthropogenic activities in the city. Strict implementation of environmental related laws along with mass awareness is of utmost importance to eco- restore the city atmosphere. Discussion The city of Kolkata is noted for its crowd in shopping malls, markets, busy office zones, small scale industries, recreational centers educational hubs, traffic, etc. In all these units, probability of spreading virus is almost near to unity as social distancing is practically a dream in these areas/units. To prevent the rapid spread of the virus, these units were completely shut down on and from 25th March, 2020 that resulted in the reduction of Fig. 4. Continuous yearly data of atmospheric CO2 for six decades (1960-2019) according to Mauna Loa Observatory (MLO), NOAA (https://www.co2.earth/monthly-co2) CO2 emission (Mitra et al., 2020). The city of Kolkata is almost near to the World average CO2 level of 417.31 ppm (https://www.co2.earth/ as per Arpita Saha is from Department of Oceanography, Techno India University, West Bengal. the record of 30th April, 2020). The increasing trend of CO2 as highlighted in Fig. 4 since 1960 in the result of intense industrial activities and urban Indra Narayan Sardar is from Laksmi Narayanpur Patna Vidyasagar Sevakendra Sisutirtha, West Bengal. developments at the cost of forests and wetlands. The city of Kolkata also followed similar footsteps Prosenjit Pramanick is from Department of Oceanography, Techno India University, West Bengal. since last few decades, which has pushed the city to touch 403 ppm, 398 ppm and 412 ppm atmospheric CO2 at Ramakrishna Ghat, Botanical Garden and Babughat respectively as recorded on 20th March, 94 NUJS Journal of Regulatory Studies Special Issue April 2020 Sufia Zaman is the Associate Professor and Head of the Dept. of Oceanography, Techno India University, West Bengal. Carbon sequestration in Bhubaneswar city of Odisha, India. International Journal of Innovative Research in Science, Engineering Abhijit Mitra is the Associate Professor and former Head of the Dept. of Marine Science, University of Calcutta. and Technology, 4 (8) 6942-6947. 7. Mitra A, Ray Chadhuri T, Mitra A, Pramanick P, Zaman S. (2020). Impact of COVID-19 References related shutdown on atmospheric carbon dioxide 1. Agarwal S, Banerjee K, Pal N, Mallik K, Bal G, level in the city of Kolkata. Parana Journal of Pramanick P, Mitra A. (2017a). Carbon Science and Education, 6 (3), 84-92. sequestration by mangrove vegetations: A case 8. Mitra A, Rudra T, Guha A, Ray A, Pramanick study from Mahanadi mangrove wetland. P, Pal N, Zaman S. (2016). Ecosystem service Journal of Environmental Science, Computer of Science and Engineering & Technology, 7 (1), sequestration. 16-29. Science, Computer Science and Engineering & 2. Agarwal S, Pal N, Zaman S, Mitra A. (2017b). Avicennia alba in Journal terms of of Carbon Environmental Technology, 5 (1), 155-160. Role of mangroves in carbon sequestration: A 9. Mitra A, Sengupta K, Banerjee K. (2012). case study from Prentice island of Indian Spatial and temporal trends in biomass and Sundarbans. International Journal of Basic and carbon sequestration potential of Sonneratia Applied Research, 7 (7), 35-42. apetala Buch-Ham in Indian Sundarbans. 3. Banerjee K, Agarwal S, Pal N, Mitra A. (2017). Proceedings of the National Academy of Bhitarkanika Mangrove Forest: A Potential Sink Sciences, India, Section B: Biological Sciences, of Carbon. International Journal of Research 82 (2), 317-323. Culture Society, 1 (7), 280-286. 10. Mitra A, Zaman S. (2014). Carbon sequestration 4. Banerjee R, Pramanick P, Zaman S, Pal N, by Coastal Floral Community, India. Published Mitra S, Mitra A. (2015). Impact of Urban by The Energy and Resources Institute (TERI) vegetation on offsetting Carbon emission: A TERI Press. ISBN 978-81-7993-551-4. case study from the city of Kolkata. Journal of 11. Mitra A, Zaman S. (2015). Blue carbon Environmental Science, Computer Science and reservoir of the blue planet, published by Engineering & Technology, 4 (3), 814-818. Springer, ISBN 978-81-322-2106-7 (Springer 5. https://www.co2.earth/ DOI 10.1007/978-81-322-2107-4). 6. Mitra A, Bagchi J, Thakur S, Parkhi US, Debnath S, Pramanick P, Zaman S. (2015). 95 NUJS Journal of Regulatory Studies Special Issue April 2020 12. Mitra A, Zaman S. (2016). Basics of Marine and Estuarine Ecology, published by Springer, ISBN 978-81-322-2705-2. 13. Mitra A. (2019). Estuarine Pollution in the Lower Gangetic Delta, published by Springer International Publishing, ISBN 978-3-319- 93305-4, XVI, 371. 14. Pal N, Mitra A, Zaman S, Mitra A. (2019). Natural oxygen counters in Indian Sundarbans, the mangrove dominated World Heritage Site. Parana Journal of Science and Education, 5 (2), 6-13. 96 NUJS Journal of Regulatory Studies Special Issue April 2020 Reversing the phenomenon of acidification in the River Ganges: A Ground Zero observation Pallavi Dutta, Prosenjit Pramanick, Pavel Biswas, Sufia Zaman and Abhijit Mitra automobile repairing units, emission of Green Abstract House Gases (GHGs) from industrial units and air- The phenomenon of climate change has spread its condition machines have made the city atmosphere arm in the aquatic ecosystem by reducing the pH highly polluted. Increased emission of CO2 from value as a result of increased dissolution of anthropogenic sources (Mitra.et al., 2020) has atmospheric CO2. The River Ganges along the city enhanced the entry of atmospheric CO2 to the river of Kolkata is no exception to this rule. The average water resulting in the formation of carbonic acid, pH of selected sites during the pre-COVID-19 thereby shifting the pH to a lower value. This is period (18.3.2020 to 22.3.2020) was 6.69 in commonly referred as acidification and has been Ramakrishna Ghat, 6.63 in Botanical Garden, 6.41 reported in several estuaries in the state of West in Babughat. However, with the passage of time Bengal (Mitra, 2013; Mitra and Zaman, 2014; Mitra since 25th March, 2020, there has been a steady and Zaman, 2016; Mitra, 2019). In this study, we increase of pH in all the sites confirming the have carried out a comparative analysis on surface reversal of the process of acidification. water pH of the River Ganges between the pre- Keywords: River Ganges, Acidification, Aquatic COVID-19 (18th March to 22nd March, 2020) and pH, Pre-COVID-19, COVID-19 lockdown phase COVID-19 lockdown phase (25th March to 30th April, 2020). The COVID-19 pandemic provided Introduction an unique opportunity to venture in to such The mighty River Ganges flowing through the city comparative picture as there is no movements of of Kolkata serves as the life line of the people of the vessels, boats and trawlers in the river and also all megacity. The River provides several ecosystem the industrial operations have been ceased during services like production of fishes, mode of the lockdown phase of the state- a condition of transportation, retrieving recreational activities, sports, the natural parameters with the performance of religious rituals etc. (Mitra, 2019). withdrawal of anthropogenic influences. This paper, However, the river is still treated as the bin of all therefore, can be treated as a comparative account the wastes arising from domestic and industrial of natural vs. human induced factors using River activities. In addition to this, wastes from Ganges as the test bed. 97 NUJS Journal of Regulatory Studies Special Issue April 2020 lockdown phase due to COVID-19, the pH value Materials and Methods increases in three selective sites (Fig. 2). Study site Kolkata, Capital city of the maritime state of West Bengal, is the third largest city in India and situated in the east bank of the Hooghly River with an area of 187.33 km2. Three sites along the bank of the River Ganges were selected for the present study namely Ramakrishna Ghat (22°34'19.8''N; 88°20'17.0''E), Botanical Garden (22°33'06.4''N; 88°18'06.6''E) and Babughat (22°34'10.3''N; Fig. 1. Spatio-temporal variation of pH duirng the study period 88°20'28.5''E). Measurement of aquatic pH pH of the surface water in the selected sampling station was measured during high tide condition with a portable pH meter (sensitivity = ±0.02). The measurement was carried out during pre-COVID-19 lockdown (18th-22nd March, 2020) and COVID-19 lockdown phases (26th March – 30th April, 2020). Statistical Analysis significant variation of aquatic pH exists between Fig. 2. pH variation in the three selected sampling sites between pre-COVID-19 and COVID-19 lockdown period sites and time phase (pre-COVID-19 and COVID- Results of ANOVA show significant variations 19 lockdown phases). between stations and between pre-COVID-19 and ANOVA was carried out to know whether COVID-19 lockdown phases (p < 0.01) (Table 1). Results The spatio-temporal variations of aquatic pH in the three study sites are highlighted in Fig. 1. In the 98 NUJS Journal of Regulatory Studies Special Issue April 2020 a dock) and other recreational activities have also Table 1. ANOVA of the pH value between sites and between pre-COVID-19 and COVID-19 period been ceased to abide by the rules of mass gathering and social distancing during the COVID -19 lock Source of Variation SS d f MS F Pvalue F crit down phase. The CO2 level of the atmosphere also Between showed a considerable dip in the value (Mitra.et.al, PreCOVID -19 and COVID -19 2020). All these have posed a joint impact on pH Between Sites Error 0.022571 1 0.022571 288.7505 0.003445 18.51282 level of the aquatic phase (synergistic effect) due to which a sudden turn in the trend of acidification has taken place. 0.080143 2 0.040071 0.000156 2 7.82E-05 512.6418 0.001947 19 The phenomenon of acidification due to climate change is never supportive and congenial for the Total 0.10287 aquatic organisms preferably for the survival of 5 molluscs and other aquatic organisms with calcareous shell. Thus COVID-19 lockdown phase Discussion served as a boon to these faunal community by The increase of atmospheric carbon dioxide in West providing a reverse swing in the process of Bengal, a maritime state in northeast coast of India acidification. has touched almost 51% since 1980 (Mitra, 2019). Pallavi Dutta is from Department of Oceanography, Techno India University, West Bengal. The gradual increase of carbon dioxide coupled with unplanned expansion of shrimp culture in places like Sundarbans (adjacent to the city), unplanned urban development and Prosenjit Pramanick is from Department of Oceanography, Techno India University, West Bengal. industrial activities has lowered the aquatic pH considerably (Mitra and Zaman, 2016). It is interesting to note Pavel Biswas is from Department of Oceanography, Techno India University, West Bengal. that in all the sampling stations selected in the present study, the pH has increased by 2·84%, Sufia Zaman is the Associate Professor and Head of the Dept. of Oceanography, Techno India University, West Bengal. 3·46% and 4·99% at Ramakrishna Ghat, Botanical garden and Babughat respectively. This may be due to complete closure of all industrial operations along the bank of the River Ganges. Also the Abhijit Mitra is the Associate Professor and former Head of the Dept. of Marine Science, University of Calcutta. movements of vessels, flotels (a boat or ship that serves as a hotel, sometimes permanently moored to 99 NUJS Journal of Regulatory Studies Special Issue April 2020 References 1. Mitra A, Ray Chadhuri T, Mitra A, Pramanick P, Zaman S. (2020). Impact of COVID-19 related shutdown on atmospheric carbon dioxide level in the city of Kolkata. Parana Journal of Science and Education, 6 (3), 84-92. 2. Mitra A, Zaman S. (2016). Basics of Marine and Estuarine Ecology, published by Springer, ISBN 978-81-322-2705-2. 3. Mitra A. (2019). Estuarine Pollution in the Lower Gangetic Delta, published by Springer International Publishing, ISBN 978-3-319- 93305-4, XVI, 371. 100 NUJS Journal of Regulatory Studies Special Issue April 2020 Coping up with the economic conditions amidst COVID-19 Rites Goel and Tanvi Luhariwala Daily wage labourers form and important pillar for "Necessity is a mother of all invention" running an informal economy. Certain labourers -Sir Albert Einstein work on a leverage of 2 to 3 days savings therefore it is important at this crucial time to provide funds COVID-19 pandemic has led many to learn to these labourers directly which will stabilize this important elements of life which was crucial in sector of the economy to a greater extent. present age. More number of people have started Government has already asked States and Union working from home and adhering to the use of Territories to transfer funds through the direct technology which if implemented in the normal benefit transfer mode from the cess fund collected course will not only save money and time but also by welfare boards to which some of the State create oneness within the family. Food habits of governments have already implemented. various individuals have changed on the positive scale. People who used to have junk food have MSME fuels the growth of the economy in any incorporated healthy diet in their lifestyle. Nature country. At this crucial time the MSMEs are facing has pressed a pause button and seems to breathe. liquidity crunch. Assistance to facilitate emergency People have realised the true sense of happiness response by granting loans to MSMEs is of a prime which was being eliminated due to the speed of life. importance. Regulatory authorities are required to shoulder the responsibilities in assistance of MSME The entire world has recognised and adopted the sector primarily. RBI has provided a regulatory "jugaad" approach, a concept common in India, package wherein railway coaches are being turned into courts throughout India has certain regulatory measures announce to mitigate the burden of debt servicing quarantine centres and Intensive Care Units (ICU). Various where brought by disruptions on account of COVID-19 been and to ensure the continuity of viable businesses. It conducting hearing through online mechanism has been permitted to grant a moratorium of 3 however like every coin has two sides COVID-19 months on payment of all instalments falling due pandemic will impact India's economic growth between 1st March 2020 to 31st May 20201. Small "severely". industries development Bank of India (SIDBI) has also launched a scheme where in loan up to 50 lakh rupees is available at 5% interest rate to MSMEs 101 NUJS Journal of Regulatory Studies Special Issue April 2020 engaged in manufacturing of products or offers provisions of the Insolvency and Bankruptcy Code, services related to fighting the novel coronavirus 2016 including Section 7, Section 9 and Section 10 which has been declared a pandemic.2 which lays the foundation for initiating the insolvency proceedings against a corporate body for Government should implement more of such a period of six months. The same was hinted at by measures to provide liquidity in the best possible our Finance Minister, Ms. Nirmala Sitharaman manner in order to save the economy effectively during her speech on 24th March, 2020. Therefore, and efficiently. Fiscal and monetary policies should government may provide relief from insolvency in be addressed at a go and not in a fragmented totality for the next few months which would be a manner to provide security within the country. Most great step towards protection of the economy at of the procedural penalties interest has been waived large. off. However, government’s heavy duties and charges including commercial electricity should be Furthermore, companies who are contributing curbed in a manner which may provide relief to the towards the noble cause of combatting COVID-19 business concerns. The objective of the above are also getting certain benefits under the CSR measures will help to safeguard the credit line in a provisions. Corporate Social Responsibility (CSR) greater way. as we all know is a company’s responsibility towards the community, environment and society at Unemployment problems may erupt within the large in which it operates. It has been well country because of which certain measures should established in the Indian laws4 which makes it be launched soon by the government in order to mandatory for companies to fulfil their CSR. It has provide job security. Policy decisions have been been clarified that spending of CSR funds for implemented by the government in relation to COVID-19 is eligible CSR activity.5 The general protecting companies from getting liquidated at this circular further mentions that the funds may be tough time. As per section 4 of the Insolvency and spent for various activities related to COVID 19 Bankruptcy Code, 2016 an eligible person can apply under the item nos. (i) to (xii) of Schedule VII. for insolvency and liquidation of corporate debtors Accordingly, it was further clarified that the where the minimum amount of default is Rs 1 lakh contribution made to ‘PM CARES Fund’ (Prime however considering the present scenario it is much Minister's likely that the companies may default every now Citizen Assistance and Relief in Emergency Situations Fund) shall qualify as CSR and then therefore the amount of default has been expenditure under item no (viii) of Schedule VII of increased to rupees 1 crore3. Furthermore, the the Companies Act, 20136. Furthermore, a set of government is also considering to suspend certain FAQs7 released by the ministry has also stated that 102 NUJS Journal of Regulatory Studies Special Issue April 2020 Contribution made to State Disaster Management Meanwhile, where we have answers to some Authority to combat COVID-19 shall qualify as questions, there are many questions that remain CSR expenditure under item no (xii) of Schedule unanswered. One of which is the “Force Majeure” VII and any ex-gratia payment to temporary or clause, which gives rise to a plethora of questions casual or daily wage workers over and above the amidst the broken supply chain due to the pandemic disbursement of wages, specifically for fighting COVID-19. The term ‘Force Majeure’ comes from COVID-19, can be classified as CSR. However, the the French language meaning ‘greater force’. Force FAQ’s also clearly mention that contributions made Majeure clause purely arises out of contractual towards ‘Chief Minister’s Relief Fund’ or ‘State obligation agreed upon by and between the parties. Relief Fund for COVID-19’ shall not be qualified as In simple words there is no specific provision in the admissible CSR expenditure. Indian Contract Act, 1872 that explicitly mentions or speaks of the Force Majeure clause. The Force It should not be unnoticed that government is also Majeure clauses are contractual clauses which trying its best for survival of the people particularly typically include events that are acts of god or the lower sections who work on daily basis for their beyond living. On 31st of March 2020 the Centre human control. It includes such extraordinary events and circumstance which are announced that donations to the PM CARES fund beyond the control of the parties to the contract and will get tax breaks under various Sections of the thus prevents one or all of them from fulfilling their Income Tax Act, 1961 which would help galvanise contractual obligation. Therefore, when the events contributions to the fund that has been set up to occur as mentioned in the clause, it excuses the provide relief to the persons affected by the parties from performance of the contract. Force coronavirus outbreak. It was further clarified by the Majeure clauses is an expressed clause under the Income Tax department that employees are also contract and hence language of the said clause and entitled to claim tax deductions for donations to PM the events covered under the same plays a vital role CARES fund and would qualify for Section 80G in its interpretation. Now, the primary concern in benefits for hundred percent exemption under the the current situation is whether the pandemic Income Tax Act, 1961. This fund not only caters to COVID-19 would be covered under the force the present situation but also deals with any kind of majeure clause or not? Due to the lock down, the emergency or distress situation like the one posed economy has come to a standstill with people by the COVID-19 pandemic and to provide relief to having little or no flow of income, moreover the the affected. said circumstance has rendered parties to the contract incapable of performing their contractual 103 NUJS Journal of Regulatory Studies Special Issue April 2020 obligation. This itself gives rise to innumerable will tell, how these relevant questions arising out of questions, whether the employers can use the Force this crucial economic situation, would be dealt with Majeure clause to avoid payment of wages to by the people and the judiciary. workers, since the industries are not operational at The government and citizens are trying their best to the moment? can the lessee refuse to make payment deal with the fatal virus, COVID-19. Everyone in towards the leased property? Will the persons the country is eagerly awaiting the end of it, and the involved in the tourism industry like travel agents, lifting of the lockdown so that they can go back to hotels etc. be compelled to refund the advance? their normal lifestyle. However, amidst this hope, Will one be held liable to make payment due to there is still an industry that is uncertain about its cancellation of consignment or failure to supply fate, the tourism and hospitality industry. There are goods or services? The questions are infinite and the so many people and entities involved in this tourism answers limited. and hospitality industry including the travel agents, However, there can also be a situation where the tour operators, people involved in adventure force majeure clause does not exist in the contract at activities, tourist transporters, restaurants, etc who all or does not cover a pandemic or situation like are still unsure as to when their industry will begin COVID-19 outbreak in its ambit. In such situation to function. Therefore, several associations from the the provisions of the Indian Contract Act, 1872 industry like the Federation of Associations in being Section 56 comes to our rescue. Section 56 Indian Tourism and Hospitality (FAITH)8 etc. have provides relief under “Doctrine of Frustration”. approached the Ministry of Tourism seeking some Therefore, in order to invoke this provision, it is reliefs. The associations have requested that the essential to establish that the performance of the Goods and Services Tax (GST) and income tax be contractual obligation has become impossible by completely reason of some event which could not be prevented hospitality industry for a year, a moratorium be by the parties and that the parties invoking this declared for payment of EMIs (principal and section has not induced this impossibility. interest) for term loans for a period of 12 months, waived for tourism, travel and the working capital limits be enhanced at interest- Despite having some significant case laws, where free rates, and a support fund be created for salaries the judiciary has beautifully defined and applied the and establishment costs. The associations also above- mentioned concepts of “force majeure” and demanded that provident fund (PF) contributions “doctrine of frustration”, there still exists a lot of and Employees’ State Insurance (ESI) be waived open ends and factual differences making the said off for a year and that GST liability, advance tax, case laws easily distinguishable. Thus, only time custom duties, excise duties, VAT, and TDS be 104 NUJS Journal of Regulatory Studies Special Issue April 2020 deferred for a year. The reliefs that have been out from this pandemic safe and healthy, and then extended to all industries in general have been together help the economy to heal. granted to the tourism and hospitality industry as Rites Goel is an Advocate at Calcutta High Court and a guest faculty at WBNUJS. well. However, till now no significant relief has been extended to the tourism industry specifically. Tanvi Luhariwala is an Advocate at Calcutta High Court. The tourism and hospitality industry is the most affected and the last to recover and will most likely 1 https://m.rbi.org.in/scripts/BS_CircularIndexDisplay.aspx?Id =11835 2 https://sidbi.in/files/pressrelease/Press-Release_SIDBIlaunches-SAFE-(SIDBI-Assistance-to-Facilitate-Emergencyresponse-against-Corona-Virus)-scheme.pdf 3 https://economictimes.indiatimes.com/news/economy/policy/ govt-raises-default-threshold-to-rs-1-cr-for-invokinginsolvency-proceedings-againstfirms/articleshow/74796076.cms?from=mdr 4 Section 135 of the Companies Act, 2013, corresponding Companies (Corporate Social Responsibility) Rules, 2014 and Schedule VII 5 The Ministry of Corporate Affairs has released a general circular being no. 10/2020, dated 23rd March, 2020 6 Office memorandum F. No. CSR-05/1/2020-CSR-MCA dated 28th March, 2020 7 General Circular No. 15/2020, F. No. CSR-01/4/2020-CSRMCA, dated 10th April, 2020 by Ministry of Corporate Affairs. 8 https://www.traveltrendstoday.in/news/indiatourism/item/8233-details-on-faith-s-request-for-financialrelief-from-the-govt-for-the-industry; https://www.moneycontrol.com/news/business/companies/cov id-19-impact-tourism-hospitality-on-brink-of-collapseappeals-for-relief-package-5180671.html continue to face huge losses even after the pandemic ends. These industries contribute to the major percentage of GDP and thus require immediate attention by the Government. A situation like this both economically and medically has not been experienced in many years, and therefore not just the citizens but also the government is struggling to cope with the current situation. However, everyone is trying to contribute by doing their part to combat the widespread of this fatal virus, COVID-19, especially the Medical practitioner and the frontline workers who are keeping their life at stake to protect and save the others. Even the government is leaving no stones unturned to provide reliefs to the people, especially the poor and needy, by providing them with food and shelter where needed and even by extending monetary help. The economic condition of India and all the other countries of the world that are hit by this pandemic, is no doubt going be gravely affected, so much so, that it might take years to recover from the same. But that is where the important message lies, the economic conditions can still be restored but not the lives of those who have departed. Therefore, we hope that we all come 105 NUJS Journal of Regulatory Studies Special Issue April 2020 COVID 19: An Overview of the Preliminary Regulatory Responses to the Pandemic in the Indian Corporate Sector Shouvik Kumar Guha therefore these regulatory responses are also prone Introduction to periodic and regular modifications depending on While the impact of the pandemic caused by situational analysis and requirements. COVID-19 has been deeply felt across all the aspects of human life across the world over the past Regulatory Responses from the Ministry of couple of months, the commercial, corporate and Corporate Affairs business sectors in particular are considered to be In the light of the social distancing measures and one of the most affected areas in terms of the lockdown that are in force during the pandemic, the severity of the changes and regulatory responses MCA has recognized the difficulties involved in relating thereto. A human and social crisis of holding statutory corporate meetings of both unprecedented scale, the pandemic has caused and shareholders as well as of the Board of Directors. is still continuing to cause markets and institutions While the Companies Act, 2013 or the Companies around the globe to reconsider their short-term as (Meetings of Board and Its Powers) Rules, 2014 well as long-term strategies, expectations and used to provide for only physical meetings of the capacity to absorb the regulatory turbulence and Board, the 2014 Rules have been amended by the shocks felt on both the demand and supply sides of MCA vide a notification dated March 19, 2020 the equation, the extent of which is still being allowing the Board to conduct such meetings via gauged as of now. In course of this paper, the author video-conferencing or other comparable audio- would like to spend some time delineating and visual means at least till June 30, 2020, so long as reviewing certain specific regulatory responses that such meetings are intended to approve annual have been made by three of the biggest sectoral financial statements, Board reports, prospectus, regulators and ministries in India, viz. the Ministry mergers, amalgamations, acquisitions or takeovers, of Corporate Affairs (hereinafter “MCA”), the or if the Audit Committee (one of the sub- Securities and Exchange Board of India (hereinafter committees of the Board) are meeting to consider “SEBI”), and the Competition Commission of India financial statements.i From this list, one may be able (hereinafter “CCI”). It is to be noted that all the to conclude that the legislative intention was to sectors and industries governed and regulated by the ensure that the pandemic and the restrictions issued aforesaid bodies are currently in a state of flux, and because of it do not succeed in bringing the 106 NUJS Journal of Regulatory Studies Special Issue April 2020 essential corporate activities to a complete stop; the hold their statutory exclusive annual meeting for the inclusion of mergers etc. in the list may in particular financial year 2019-20, the same would not be bear significance in relation to the collaborative considered a statutory breach so long as the meeting restructuring that the fight against the pandemic gets is held subsequently following lifting of the to see in the coming days. While holding such ongoing restrictions, although the MCA has virtual meetings, however, there is a list of legal encouraged such directors to hold their meeting issues that the Board must take into consideration, using audio-visual means if possible.v inter alia providing the directors the option to When it comes to shareholder meetings, the MCA participate in such meetings using audio-visual has advised the companies not to hold any physical means clearly in the notice to the meeting, ensuring meetings at this stage and seek essential shareholder that each member of the Board clearly indicates approval by way of postal ballots/e-voting. Section their consent to participate in such meetings and 108 of the 2013 Act and Rule 20 of the Companies confirms receipt of the agenda beforehand, the quorum for such meetings is (Management and Administration) Rules, 2014 conclusively already provide for detailed procedure with regard ascertained by the Chairperson, preferably by taking to such e-voting, although till date, only listed specific roll call during the meeting, any oral companies and all unlisted companies having more communication taking place during the meeting is than 1000 shareholders were required to provide preceded by the concerned member clearly stating such facilities.vi Apart from said e-voting, if a their identity for the benefit of all other participants, company has to convene an Extraordinary General the Chairperson announcing a summarized version Meeting of the shareholder under unavoidable of the all the decisions taken in the meeting, the circumstances, then the same can be conducted members present having agreed to consider the using audio-visual means like the Board meetings statutory registers deemed to be signed by all of till June 30, 2020, provided certain specific them as applicable, and finally, timely circulation of conditions such as attendance of at least one the minutes of the meeting among all the members independent director (where applicable) and auditor within 15 days from the date of the meeting (in written or electronic format).ii Further, (or his authorized and qualified representative), the maintenance of all records of the meeting (and mandatory periodiii within which successive Board providing the same on the company website in case meetings have to be held has also been increased by of public companies) and provision of e-voting 60 days for the period between April, 2020 to September, 2020 (allowing two facilities, notice for the meeting and e-voting being consecutive provided via registered shareholder email address or meetings to take place as long as 180 days apart).iv through the depository or depository participant Specifically, in case Independent Directors cannot 107 NUJS Journal of Regulatory Studies Special Issue April 2020 etc.vii The conditions make it clear that while the pandemic, that goes by the name of Prime MCA acknowledges the need for the hour of Minister’s allowing corporate activities to be compromised Emergency Situations Fund (PM-CARES Fund), even under the current exceptional circumstances, at has also been announced as one, any contribution the same time, it also remains mindful of the need to made wherein would qualify as legitimate CSR maintain transparency and accountability in course expenditure.xi of such activities. Having said that, if such virtual Citizen Assistance and Relief in Some of the other significant changes introduced by meetings continue to remain a regular feature in the the MCA as responses to the pandemic and the Indian corporate scene for some time to come, then associated disruption include advising all Indian the author is of the opinion that certain issues of companies and limited liability partnerships to paramount importance need to be addressed encourage their employees to work from home and specifically, including but not limited to those facilitate the samexii, waiving of the requirement to pertaining to privacy, data confidentiality and pay additional fees for delay in filing of the various accessibility, especially when it comes to small- statutory forms by the companies before the scale retail investors who own shares in such Registrar of Companies until June 30, 2020, companies. deciding not to treat inability of any residential One of the significant changes that has been director to prove minimum 182 days of residence in introduced by the MCA during ongoing crisis is to the country during the financial year 2019-20 as a encourage companies satisfying the requirements statutory violation in the light of the travel prescribed under Section 135 of the 2013 Actviii to restrictions, postponement of the implementation of provide financial support to the different initiatives the Companies (Auditor’s Report) Order, 2020 for that are being undertaken all around the country for the time being (this allows the companies not to the purpose of dealing with the pandemic and the have to immediately enhance their compliance level disruptions triggered by it –it is to such end that the beyond the existing norms as the Order would have MCA has vide notification dated March 23, 2020ix otherwise declared all expenditure on such grounds as incorporated companies an extension of time by 6 incurred by the companies as to qualify as months to declare themselves ready to commence legitimate responsibility business (earlier it used to be 6 months from the (hereinafter ‘CSR’) expenditure . Further, a specific date of incorporation), to name a few.xiii Among fund created for the purpose of providing necessary other relaxations provided to statutory corporate funding to deal with emergency or distress practices, the one relating to maintenance of situations such as the one triggered by the sufficient reserves (minimum 15%xiv) for the corporate social x required) and allowing newly 108 NUJS Journal of Regulatory Studies Special Issue April 2020 debentures maturing in course of a financial year by procure the immunity certificate within 6 months investing such amounts in specified financial from the date of the closure of the scheme. xix instruments by the end of April of that financial However, companies that have already applied for –the such dormant status or for getting their names struck off investment has been extended till the end of June, the register, or companies against which the process 2020 for the financial year 2020-21.xv Similar for issuing final notice for such striking off has extension has been provided to deposit maintenance already been initiated, or companies that have been reserve tooxvi (minimum 20% of the deposits restructured or amalgamated under any scheme of year, is significant deadline xvii for ). Last but not compromise or arrangement under the 2013 Act, the least, mention must be made in this context of would not be able to avail the benefits of this the Companies Fresh Start Scheme, 2020 and the scheme. The scheme applicable to LLPs as notified LLP Settlement Scheme, 2020 that have been provide for similar relaxation of norms too. repayable during that financial year introduced by the MCA –according to these The author is of the opinion that the MCA’s schemes, companies and LLPs incorporated in India regulatory responses so far in the context of the get the opportunity to rectify their existing defaults pandemic can broadly be classified into two in terms of statutory procedural requirements categories, viz. the ones that are trying to provide including filing of all prescribed documents, solutions to ensure that the corporate activities can without having to pay any penalty for the same continue unabated and also absorb the disruptions during a moratorium period extending from April 1, caused by the pandemic (these include the 2020 to September 30, 2020.xviii Companies that amendments relating to the CSR provisions, the have been rendered inactive owing to the pandemic Work from Home facilitation, and the changes also get to avail of this scheme to get the status of introduced in the context of holding virtual dormant companies (or even apply for getting their meetings of the Board and the shareholders –they names struck off the register of companies), thereby also allow for the possibility that the pandemic and minimizing their overall compliance requirements. its aftermath may continue for quite some time and While the relaxation is available for delay or default acknowledge the need to change the existing norms in filing of statutory documents, it cannot, however, and perspectives to such effect); on the other hand, be availed for other statutory violations that the there are also those responses that are merely of the company may be liable for. Once the company has nature of ‘stopping the clock’ provisions (these do withdrawn any appeal that it might have had filed not make any change in the regulatory norms as against any order sanctioning it for delay/default, it such, but merely postpone the implementation or has the opportunity of availing the benefits of this application of the same to a point of time a few scheme by filing Form CFSS 2020 in order to 109 NUJS Journal of Regulatory Studies Special Issue April 2020 months ahead, thereby assuming that the pandemic provided for submission of quarterly financial would be brought under effective control by that results.xxi Further, the same circular relaxed the time –therefore, they may need to be bolstered with maximum time gap of 120 days as applicable further extensions in the event that assumption between two successive meetings of the Board and proves not to be true, at least until more reforms of the Audit Committee, to the extent such meetings the first category are brought forth as solutions). were to be held between December 1, 2019 and June 30, 2020.xxii Subsequently, in a circular dated Regulatory Responses from the Securities and March Exchange Board of India 23, 2020, SEBI has also provided comparable relaxations to companies having listed While the bulk of the regulatory responses non-convertible debentures (hereinafter “NCDs”), applicable to the companies in the context of non-convertible COVID-19 have originated from the MCA, SEBI, (hereinafter “NCRPs”), municipal debt securities the capital market regulator in the country, has also and commercial papers, especially from compliance come up with certain responses of its own during requirements applicable to such companies under this period, some of which are even directly linked the aforesaid 2015 Regulations, as well as the SEBI with the stance assumed by the MCA in this regard. (Issue and Listing of Debt Securities) Regulations, The first response had been in the form of the 2008.xxiii With regard to public issue of debt circular titled ‘Relaxation from compliance with securities, certain provisions of the SEBI (Listing Obligations companies can now provide their audited financial and Disclosure Requirements) Regulations, 2015 results only till September 30, 2019 provided they due to the COVID-19 virus pandemic’, dated March intend to issue such securities or papers by June 30, 19, 2020.xx SEBI has vide this circular sought to 2020, thus being allowed a relaxation of 60 days in relax specific compliance requirements for listed the process.xxiv Similar relaxation of 60 days and 45 companies under the aforesaid 2015 Regulations – days have been provided to initial and annual extension of one month had been provided with disclosures required by companies (large entities) regard to submission of compliance certificate raising funds by issuing debt securities.xxv Further, regarding reports on corporate governance, share relaxations of 45 days, 30 days and 45 days have transfer facility and compliance with applicable also respectively been provided with regard to secretarial standards, as well as submission annual disclosure of half-yearly investor grievance report, financial results, extension of 3 weeks had been half-yearly financial results and quarterly account provided for submission of reports on investor reports required to be disclosed by companies under complaints and shareholding patterns for the the SEBI (Issue and Listing of Municipal Debt ongoing quarter, and extension of 45 days had been Securities) Regulations, 2015.xxvi Existing timelines redeemable commercial preference papers, or shares NCRPs, 110 NUJS Journal of Regulatory Studies Special Issue April 2020 for the regular monthly reporting by portfolio commodities, banking and software development managers are also being maintained for the next 2 sectors need to undertake in order to effectively months, and the applicability of the SEBI address the ongoing crisis, the role played by the Guidelines for Portfolio Managers has been competition watchdog, CCI, cannot be overlooked temporarily withheld for the time being.xxvii A either. In the absence of specific exemptions from similar relaxation of 2 months has also been the provisions of the Competition Act, 2002, such provided to Venture Capital Funds and Alternative activities might run afoul of the prohibitions Investment filing applicable to anti-competitive agreements or abuse requirement under the SEBI (Alternative Investment of dominant position, as prescribed under Sections 3 Funds for any statutory 2012.xxviii Depository and 4 of the said Act, regardless of their efficacy in participants are also being allowed as of now to providing a united front to the perils posed by the process pandemic. Funds) Regulations, applications for registration, KYC verification and related material changes on the Section 3 of the 2002 Act prohibits inter alia basis of scanned copies of signed documents or activities such as price fixing, market sharing, bid copies that have not been certified as otherwise rigging, manipulating production and supply of required for Foreign Portfolio Investors in particular products and services, and related collusive (provided they subsequently obtain duly certified endeavours between enterprises having horizontal copies within a month from the end of the period of operation of this relief). xxix or vertical relationship vis-à-vis each other.xxxi Most Processing of different of such activities are considered per se violative of investor requests relating to physical securities and the Act, and attract penalties accordingly. The compliance requirements has also been allowed to measures being taken by various market players continue for an additional 21 days over and above the applicable timelines insofar as across issuing multiple sectors to cope with the abnormalities in demand/supply conditions may companies and share issue/transfer agents are involve multiple instances of cooperation and concerned.xxx All these relaxations are as of date coordination with their horizontal and vertical applicable only till June 30, 2020. counterparts. Sharing of consumer, price and Regulatory Responses from the Competition production data, apportionment of markets as an Commission of India efficiency-enhancing strategy, collaboration for the purpose of facilitating innovation are but some of In relation to competition concerns surrounding the examples of such measures. Having said that, various sectors, particularly in light of the various such prohibitions are not absolute, and there are coordinated activities that the various enterprises provisions under competition law jurisprudence that operating in the healthcare, hospitality, essential 111 NUJS Journal of Regulatory Studies Special Issue April 2020 may allow for collaborative agreements in the form Commission to take into consideration factors such of joint ventures intended to increase pro- as improving production, supply or distribution of competitive market efficiency, assuming such goods/services, efficiency, whether technological, capacity-based, development or economic, can be effectively demonstrated by the economic fronts etc. while reviewing whether a increase on in scientific, consumer utility, technological or An certain activity might be allowed.xxxvi The author is illustration of the power to provide similar of the opinion that such references, together with exemption under the 2002 Act is Section 54 thereof, the which authorizes the Central Government to extend consideration only to activities deemed ‘necessary such relaxation to certain agreements on grounds and proportionate’ by the Commission for the like public interest or national security, a power that purpose of combating the pandemic and assuaging has been exercised in the recent past. Even other the various shocks generated by it, might have had jurisdictions such as the United States, European the cumulative effect of rendering aforesaid Union, Australia, United Kingdom, and some of the collaborative activities usually deemed per se illegal Nordic countries have witnessed similar relaxation under Section 3, to be subjected to a Rule of Reason norms being exercised by their respective antitrust analysis authorities in of the Covid-19 possibility of exploitative conduct by enterprises by pandemic.xxxiii The recent advisory that has been way of imposing unfair pricing and non-pricing issued by the CCI on April 19, 2020, seeks to conditions in order to take advantage of the parties involved in the said context agreements.xxxii xxxiv advisory having insteadxxxvii. limited On such another special note, the Titled fluctuations taking place in several markets owing ‘Advisory to Businesses in Time of COVID 19’, it to the disturbances generated by the pandemic may acknowledges the disruption that has been caused to also be examined by the Commission under Section the supply chain by the pandemic and recognizes 4 of the 2002 Act, assuming such conduct amounts the the to abuse of a dominant position in the relevant enterprises to engage in, especially in the healthcare market concerned.xxxviii Apart from the penalties that and essential commodities sectors, in order to the Commission has the power to impose on ensure smooth supply and fair distribution of enterprises for the latter’s inability to adequately products and services; such activities might include establish a correlation between the production and sharing of vital information between enterprises that distribution costs incurred and the final retail price might have otherwise attracted the prohibition under charged from the consumerxxxix, there are also other Section 3.xxxv Interestingly, the advisory also refers legislative provisions at play here, such as the to the powers of the CCI granted under Section Essential Commodities Act, 1955, which allows the 19(3) of the 2002 Act, which allows the Union Government to designate goods as essential adhere to a similar line of thought. need for coordinated activities for 112 NUJS Journal of Regulatory Studies Special Issue April 2020 commodities that cannot be sold for prices it is also imperative that confidential organizational exceeding the maximum retail price as indicated on data is not carelessly communicated so as to allow the xl package . Relevant departments of other rival organizations be privy to the same. the government also have the power to implement price Conclusion controlling mechanisms on such occasions.xli An overview of the various responses of the In the light of the aforesaid stance that the CCI has aforementioned regulators to the challenges posed adopted in this matter, it might be advisable for the by the COVID-19 pandemic, as has been provided companies seeking to collaborate on one or more above, might lead one to several interesting fronts with the objective of dealing with the observations. The first would be that the lack of pandemic in a manner more efficient, to follow certainty about the duration of the pandemic and the certain practices that might help convince the recurring effects in its aftermath is also reflected in regulator of their good faith and lack of intention to the nature of the measures that have been adopted enter into anti-competitive agreements or engage in so far. This is apparent from the fact some of the abuse of dominance. Ring-fencing the relevant measures are merely meant to stop the clock till the organizational departments that are engaging in crisis is over; while an acceptable preliminary such collaboration, as well as all the organizational response, such measures have already revealed their data that are not considered essential for the purpose susceptibility to periodic and regular extension or of such collaboration can be a good start; refraining renewal as the pandemic keeps on assuming the from any kind of organizational coordination shape of a bigger and more durable threat than it including data sharing or market allocation for the had seemed at first. Unless the situation improves purpose of bidding for any of the tenders that the considerably over the next couple of months, these government and public sector enterprises may soon preliminary responses might not continue to be float in relation to measures against the pandemic effective in their renewed avatars and have to give may turn out be another important precautionary practice. Further, given the increase way to more permanent solutions. Another point is in that some of the measures that have been advised by communication between market players under such the regulators might face technological and access- conditions, both on the horizontal as well as vertical related barriers in terms of implementation on a levels, if only for the purpose of coordination, as national scale. While with time, effort and dedicated well as the lack of organizational supervision of planning, such barriers can be overcome, it might such communication in the light of most of the require intervention on the part of the State where actual personnel involved working from home and the scale and scope of the problem or its solution not supervised office spaces or protected networks, may defy isolated or even institutional efforts from 113 NUJS Journal of Regulatory Studies Special Issue April 2020 the private corporate players. The ease of business iv See MCA F. No. 2/1/2020-CL-V, General Circular No. 11/2020 dated March 24, 2020. v Id. vi See SEBI Circular No. CIR/CFD/POLICY CELL/2/2014 dated April 17, 2014, read with aforesaid Section 108 of the 2013 Act and Rule 20 of the 2014 Rules. All the rules applicable to e-voting as mentioned under the aforesaid Rule 20 would apply to such voting at this juncture, along with the ones already mentioned. vii See MCA F. No. 2/1/2020-CL-V, General Circular No. 14/2020 dated April 8, 2020 delineating all the necessary rules and practices that such virtual EGM would have to adhere to. viii This includes companies having a net worth/turnover greater than or equal to INR 500/1000 crores, or a net profit greater than or equal to INR 5 crores in the last financial year. Such companies are required to spend in the ongoing financial year as CSR expenses an amount equal to or greater than 2% of their average net profit over the last 3 financial years (or all preceding financial years in case the company has not been existence for 3 years yet). See Companies Act, 2013, Section 135. By virtue of the Companies (Amendment) Act, 2019, penal provisions in the nature of fines for errant companies and even imprisonment for the officers involved have been provided under the aegis of Section 135, which makes the Indian CSR regime to be first of its kind in terms of its mandatory nature. However, criminal liability attracted for non-compliance with the aforesaid Section 135 might be phased out, while keeping the civil liability intact, as per the impression provided by official sources; see PTI, Stimulus package: CSR norm violations not to be treated as criminal offence, says Nirmala Sitharaman, available at https://www.thehindubusinessline.com/economy/govt-not-totreat-csr-violations-as-criminal-offence-nirmalasitharaman/article29234104.ece (last visited on May 1, 2020). ix See MCA Circular No. 05/01/2019-CSR dated March 23, 2020. x Such spending would qualify as to be within the ambit of items (i) and (xii) of Schedule VII to the 2013 Act, including heads such as healthcare promotion, disaster management etc. Liberal interpretation of the items of Schedule VII is an approach that has already been adopted by the MCA in the past; see for example MCA Circular No. 05/01/2014-CSR dated June 18, 2014. xi See MCA Circular No. eF No. CSR-05/01/2020-CSR-MCA dated March 28, 2020. It is interesting to note that while donations made to the existing Prime Minister’s National Relief Fund also qualify as CSR expenses, donations made to the state-level counterparts of such funds do not qualify to be thus till date, by virtue of the latter funds not having been included in Schedule VII to the 2013 Act. Such a clarification has been provided in the MCA General Circular No. 15/2020 dated April 10, 2020. The same clarification also provided that while regular payment of wages and salary to employees and workers by the companies would not constitute CSR expenses, any ex-gratia payment that the company specifically to such employees and workers for the purpose of battling the pandemic in addition to their regular salary/wages might count as CSR expenditure, provided there is a valid resolution to policy of the Union Government has so far been reflected in several of the measures, at least to the extent that they allow relaxation of compliance requirements on the companies’ part; however, one must also keep in mind the degree of effectiveness on the part of the regulator as well as the judiciary to ensure that such relaxation is not being abused, especially in light of the severe operational limitations that the latter are facing at the current stage. Injection of sufficient stimulus into the economy across sectors and active solicitation of investment might prove to be of some assistance in this war that the country is waging against the pandemic, along with the rest of the world –keeping in mind the severity and suddenness of the problems with which the globe has been besieged within a relatively short span of time, the author is of the opinion that so far, the hybrid proactive and reactive regulatory responses that the corporate sector has witnessed in this country bear considerable promise for the future. Shouvik Kumar Guha is working as an Assistant Professor (Senior Scale) at The West Bengal National University of Juridical Sciences, Kolkata. i See MCA Circular D.O.NO.Secy (MCA)/COVID-19/1/2020 dated March 19, 2020. iiii Id. iii See Companies Act, 2013, Section 173. 114 NUJS Journal of Regulatory Studies Special Issue April 2020 such effect by the Board of Directors of the company and the resolution has been duly certified by the statutory auditor. update-on-the-work-of-the-cmas-taskforce (last visited on May 1, 2020). For the Australian position, see Rod Sims, Australian Competition and Consumer Commission, Managing the impacts of COVID-19 disruption on consumers and business, available at https://www.accc.gov.au/speech/managing-theimpacts-of-covid-19-disruption-on-consumers-and-business (last visited on May 1, 2020). xxxiv See Competition Commission of India, Advisory to Businesses in Times of COVID-19, available at https://www.cci.gov.in/sites/default/files/whats_newdocument /Advisory.pdf (last visited on May 1, 2020). xxxv Id. xxxvi See Competition Act, 2002, S. 19(3). xxxvii For a detailed discussion about the Rule of Reason analysis in Competition Law jurisprudence and the way it requires the authorities to ascertain the exact nature and extent of the anticompetitive impact, actual or potential, of any action, if any, as well as of any pro-competitive or efficiencyenhancing benefits of such action, before deciding whether to allow or prohibit it, see Herbert J. Hovenkamp, The Rule of Reason, available at https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article= 2780&context=faculty_scholarship (last visited on May 1, 2020). xxxviii See Competition Act, 2002, Section 4. xxxix Id., Section 27. xl See for example how the Ministry of Consumer Affairs, Food and Public Distribution have included face masks and hand sanitizers within the ambit of essential commodities vide order numbered S.O. 1087(E) dated March 13, 2020. xli See for example how the Ministry of Consumer Affairs, Food and Public Distribution have capped the price of face masks and hand sanitizers in exercise of such power provided under Sections 2A and 3 of the Essential Commodities Act, 1955 vide notification dated March 21, 2020. xii xiii See MCA F. No. 2/1/2020-CL-V, General Circular No. 11/2020 dated March 24, 2020. xiv See Companies (Share Capital and Debentures) Rules, 2014, Rule 18. xv See MCA F. No. 2/1/2020-CL-V, General Circular No. 11/2020 dated March 24, 2020. xvi Id. xvii See Companies Act, 2013, Section 73(2)(c). xviii See MCA F. No. 2/1/2020-CL-V, General Circular No. 12/2020 dated March 30, 2020 and MCA F. No. 2/1/2020-CLV, General Circular No. 13/2020 dated March 24, 2020. xix Id. xx See SEBI Circular No. SEBI/HO/CFD/CMD1/CIR/P/2020/38, dated March 19, 2020. xxi Id. xxii Id. xxiii See SEBI Circular No. SEBI/HO/DDHS/ON/P/2020/41, dated March 23, 2020. xxiv Id. xxv Id. xxvi Id. xxvii See SEBI Circular No. SEBI/HO/IMD/DF1/CIR/P/2020/57, dated March 30, 2020. xxviii See SEBI Circular No. SEBI/HO/IMD/DF1/CIR/P/2020/58, dated March 30, 2020. xxix See SEBI Circular No. SEBI/HO/FPI&C/CIR/P/2020/056, dated March 30, 2020. xxx See SEBI Circular No. SEBI/HO/MIRSD/RTAMB/CIR/P/2020/59, dated April 13, 2020. xxxi See Competition Act, 2002, Section 3. xxxii See Competition Act, 2002, Proviso to Section 3(3). xxxiii For further details about the US antitrust authority’s position on this, see Department of Justice & Federal Trade Commission, Joint Antitrust Statement Regarding COVID 19, available at https://www.ftc.gov/system/files/documents/public_statements /1569593/statement_on_coronavirus_ftc-doj-3-24-20.pdf (last visited on May 1, 2020). For the EU position, see European Commission, Temporary Framework for assessing antitrust issues related to business cooperation in response to situations of urgency stemming from the current COVID-19 outbreak, available at https://ec.europa.eu/info/sites/info/files/framework_communic ation_antitrust_issues_related_to_cooperation_between_comp etitors_in_covid-19.pdf (last visited on May 1, 2020). For the UK position, see Competition and Markets Authority, Protecting consumers during the coronavirus (COVID-19) pandemic: update on the work of the CMA’s Taskforce, available at https://www.gov.uk/government/publications/protectingconsumers-during-the-coronavirus-covid-19-pandemicupdate-on-the-work-of-the-cmas-taskforce/protectingconsumers-during-the-coronavirus-covid-19-pandemic- 115 NUJS Journal of Regulatory Studies Special Issue April 2020 Centre for Regulatory Studies, Governance and Public Policy The West Bengal National University of Juridical Sciences, Kolkata