The Majesty and Dignity of Courts: Changes in Court Dynamics with the Onset of the Covid-19 Pandemic in India

Rahela Khorakiwala
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Abstract

The procedures and practices of courts were brought to a sudden halt with the onset of the Covid-19 pandemic. This led to the promulgation of virtual courts where previously known traditions of the courts changed in many ways. The dress code was watered down and the understanding of the majesty and dignity of courts had to be re-established. This paper documents the seismic changes that occurred in virtual courts and how the courts had to keep redefining what contempt meant in the context of virtual courts. It is argued that majesty and theatrics affect the dispensation of justice, so when it is slightly ‘lowered’ – as was during the pandemic – the seriousness of the justice process is also scrutinised. The question remains as to whether timing, manner, and presentation are still relevant in times of Covid-19. The paper begins with a theoretical explanation of the majesty and dignity of courts in the pre-pandemic era. The next two sections illustrate the theatre of the court, pre-Covid-19 and during Covid19. The following section is an ethnographic account of the redefining of majesty and dignity in virtual courts. The conclusion discusses the effect of the pandemic on the re-imagining of the spatial dynamics of courts in India.
法院的威严和尊严:随着Covid-19大流行在印度的爆发,法院动态的变化
随着Covid-19大流行的爆发,法院的程序和做法突然停止。这导致了虚拟法院的颁布,以前已知的法院传统在许多方面发生了变化。着装规范被淡化,对宫廷威严和尊严的理解必须重新建立。本文记录了在虚拟法庭中发生的巨大变化,以及法院如何在虚拟法庭的背景下不断重新定义藐视法庭的含义。有人认为,威严和戏剧性影响司法的分配,因此,当它稍微“降低”时——比如在大流行期间——司法程序的严肃性也会受到审查。问题仍然是,在Covid-19时期,时机、方式和陈述是否仍然相关。本文首先从理论上解释了大流行前时代法院的威严和尊严。接下来的两个部分展示了2019冠状病毒病前和2019冠状病毒病期间法院的剧院。以下部分是对虚拟法庭中威严和尊严的重新定义的民族志描述。结论部分讨论了疫情对重新构想印度法院空间动态的影响。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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