Legal Aspects of Coronavirus Pandemic

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Legal Aspects of Coronavirus Pandemic: Is Coronavirus Pandemic an Act of God?

COVID-19 also known as “Novel Corona Virus”. This was first emerged in people in December in China and is a newly-identifies human corona virus and has been named SARS-CoV2. Because of this disease there are many problems faced by almost all countries in the world and many countries are still suffering from that as it has created a vast impact in the country as all trade operations, international flights as well as domestic flights, trains etc., all have been banned since this disease has increased its widespread and causing many more problems like in field of social, economic and political aspects too.

An Act of God is a specific term that we look using contract law sometimes called a Force Majeure. Literally it means an act of nature independent of human intervention, which cannot be foreseen by any amount of human ability and skill. But if seen cannot be prevented by any means, care and skill it is terms as an Act of God. So if there is natural acts such as earthquakes, landslides, power outages things of the nature disasters that one cannot predict that sometimes allows people to get out of their contracts.

Essentials of Act of God are

  1. There must be working of natural force.
  2. The occurrence must ne extraordinary and not one which could be anticipated and reasonably guarded against.

Force Majeure clause just because it’s an act of God is they absolved of all their contractual obligations or will that be contested and they may even be defeated. Finmin office memorandum of February 2020 clearly states that as part of the Corona virus pact pandemic any supply chains disruption will come under the Force Majure Clause. Any disruption in supply chains due to Corona virus to be considered natural calamity. Force Majeure clause can be invoked in such situations. But this can be true and false both at the same time depending upon the circumstances and facts of the situation going on.

It could be and could not be said as an Act of God because every situation or problem has two aspects one positive and second negative. So, accurately it can’t be said this as an Act of God or not.

For this to be an Act of God there must be all essentials and conditions to be fulfilled

Essentials of Act of God are:

  1. There must be working of natural force.
  2. The occurrence must ne extraordinary and not one which could be anticipated and reasonably guarded against.

And in addition to that we can also say that: According to Bruke “He who created death and life to test you” as to which of you is better in conduct. He is the Almighty; he can’t contradict his nature, which is good and loving”. But Due to novel coronavirus which has killed more than lakh of peoples all around the globe and flawed the global economy. It seems that God is angry because of sins done by the humans and they are increasing in the world like peoples slaughter cows, cutting animals for their own sake and enjoyment which I think so is against the environment. As we see the humans are disrespecting the fundamental principle of the nature.

So it might be the possibility that it is the reason that the covid-19 situation might appears in the world and the world is healing by its own. As we see the quality of the air in the world getting worse day by day. We can also say that it might be possible like God is trying to speak through Corona virus or it can be a punishment by God to the people for not valuing the nature and environment and unconditionally and continuously harming it by various method which is according to God is inappropriate.

Moreover, the U.S. would have seen an additional 200 million cases of skin cancer, 1.4 million skin cancer deaths, and 44.9 million cataracts—and the world would be at least 25 percent hotter because of the UV radiations. But now the pollution rate and the air quality index is good enough due to covid-19 because if there is something bad happens then it automatically has something good also in it and that is less accident rate, air being purified and no pollution etc. There are 2 types of evils: moral evils such as murder, rape etc. and the natural evils such as hurricanes, tsunami and most probably the present case of Corona virus includes in both natural as well as moral evil and for that God is using the natural evil to punish the whole world. 

However, people are having a variety of choices whether to strictly follow the rules and regulations lay down by the government like to keep them isolated and if they are being irresponsible in following that and let the virus spread, then all are well aware of the damages and harm that the virus can do.

For this not to be an Act of God there must be evidence to support it

If god is not creating this then, all the forces geological and biological forces were set in motion at the beginning of the time and they are all running themselves. So, now what we are experiencing is not an act of God and this can be the strategy used by China against the other countries. China is in the line of US fire as the world grapples with Corona virus Pandemic. There are more than 55,000 active cases in the United States of America and more than 60,000 in Italy.

US Secretary of State Mike Pompeo hit out at Beijing accusing China of hiding facts and suppressing information even now crucial information that can help and save life of thousands even today. China of course hit back saying the US is only trying to pass the buck and has launched a misinformation campaign to cover-up. We need to know immediately about those things which can harm or put life of the people in danger and all that the world is entitled to know as the Chinese Government was the first to know of this risk to the world and that puts a special obligation to make sure that data gets to our scientist, our professionals. This is not about retribution.

China’s action was affecting the global fight against Corona virus putting thousands of lives at risk. In fact, US President “Donald Trump” in the past has termed the Corona virus as the Chinese virus. And when Trump tried to send his investigating team to China for the further investigation and reasons behind that but then China doesn’t allow them to enter in their country and do their investigation this can also be said as China is avoiding and concealing things and information regarding that and also there is no accurate percentage of death rates in China because of Corona Virus has also not been open out till now, so all this creates the doubt in the mind of the people about the China regarding this.

Several analysts find merit in the US criticism accusing China of suppressing information about the outbreak in December 2019, for

  • Destroying proof of the Virus,
  • Not sharing evidence of human-to-human transmission,
  • Delay in sharing information with W.H.O,
  • Blaming US soldiers for the Corona virus.

Class-action suits have been filed against China both in Florida and in Texas accusing China of creating Corona Virus to be used as a biological weapon but its not the US alone with lakh suffering the pandemic globally. The world wants China to come clean sooner the better. It is a fault of China as they must be under much greater scrutiny than it is.

Chinese have tried to change their narrative and they were trying to allege that somehow the virus and its originals in the United Sates. More recently they are suggesting that the Italian Variant preceded the Wuhan, outbreak their obesity, their lack of transparency, their attempt to destroy evidence and clearly their manipulation of the W.H.O all needs to be questioned.

So, the conclusion is that the situation created due to Covid-19 which is ultimately seen all over the globe and we can through this say that it is a manmade pandemic and there can be a possibility that China is behind this pandemic as mentioned arguments are almost against China. As we all know that the china has just denied the US president Donald trump’s demand to probe this case. And in its reply the Chinese foreign Minister told the media that it was also a victim not a culprit. According to BBC a ophthalmologist in china who wanted to warn the Wuhan Community about this pandemic but people didn’t listen to him and its was postponed as a rumor. After that LI Wenliang wanted to warn people through a chat room. And a few days later, the Chinese police forced him to sign a document and declaring that the post about this virus is a kind of an illegal rumor. This proofs China’s biggest negligence on their part and China has also graced the entire globe by this pandemic.

However because of this pandemic the China has gain benefits too after facing such situation which cannot be imagined. Though it provides billions masks, millions surgical protective suits and much more then how can the country which has been affected the most by the virus provide masks in such billions or millions. This directly indicates that this country knew about this pandemic before and has backup plans with them to deal with all these without even letting know about it to anybody else except China. And after all that happened china still wants to prove that they are also suffering from the diseases and saying we are all fighting together against this disease. 

Written By

Gagan Sharma & Riya Luhadia

Seedling School of Law and Governance, Jaipur National University

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