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Issues and Impact of COVID-19 on Socio-Legal Aspects of Human Life: A Case Study of Greater Male Region’ in the Maldives

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Issues and Impact of COVID-19 on Socio-Legal Aspects of Human Life: A Case Study of Greater Male Region’ in the

Maldives

Mohammad Rauf 1*

1 Faculty of Shariah and Law, Maldives National University, Republic of Maldives

*Corresponding Author: [email protected]

Accepted: 15 March 2021 | Published: 1 April 2021

__________________________________________________________________________________________

Abstract: The COVID-19 is a global pandemic which has resulted in the cessation of the daily normal life world over. Maldives, being a developing nation, has been the worst as it came to total stand still after the pandemic grew. The socio-legal, public health and economic process of the country got badly affected pertaining to serious social problems. The Greater Male Region was found as the worst affected area in the country for being the centre of power, social and economical activities. There is an immense need to deal with the challenges posed by the COVID-19 crisis as the policy making process also got badly affected and thus leading a way of shaking of the socio-legal process and economic development of the nation. The lockdown measures have shown the negative impact on the psychological and behavioral pattern of the society and thus its solution is the most sought after thing which this research paper aims to find.

Keywords: Maldives, Greater male, Socio-legal

___________________________________________________________________________

1. Introduction

The Corona virus infection, referred to as the COVID-19 is a global pandemic caused by the SARS-CoV-2 virus which has resulted in the cessation of the daily normal life world over.

This current global pandemic outbreak has posed a very serious socio-legal challenge to the entire world, including Maldives. The COVID-19 pandemic and the associated socio-legal crisis have raised many unforeseen and imposing wrenching trade-offs.

Maldives, being a developing nation, has been the worst as it depends heavily on the tourism industry which came to total stand still after the pandemic grew. The tourism and fishery sector is the lifeline of the country, the process of which got badly affected with the spread of corona virus. Thus, being the accelerating factor of the country, after getting in to lockdown, it largely affected its progress, process of development and marriage relationships between men and women.1

The Greater Male Region (henceforth GMLR) was found as the worst affected for being the centre of power and socio-legal activities. Thus, a little spark of corona virus infection was

1 Rauf,M. & Nomani, M.Z.M. (2020). Socio-Legal Dimensions of Family Health under Marital Settings of Marriage and Divorce in the Maldives. European Journal of Molecular & Clinical Medicine.7(11), 5212-5221.

https://ejmcm.com/article_7428_4ff1e01c31ed816030a983265bf0e4a0.pdf

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supposed to make this city to stand on her heels and in turn, the whole country. Thus, it becomes important to understand the socio-legal, health and economic impact posed by the pandemic and the measures taken to avert it. Also, it is significant to know the compliance mechanism which is there to battle against the crisis; it’s adverse and pleasant impact.

Conceptual Background

The complete lockdown in the Maldives was implemented through executive orders, beginning April 17th, 2020,2 together with guidelines under the Public Health Emergency order. Only essential services, such as those related to security, government, food, medical supplies, and municipal cleaning, were permitted to continue operations, albeit sometimes in a curtailed manner. Inter-island movements were banned and all the entry points and ports were sealed. All persons, except those engaged in essential services, were mandated to stay at home and observe social distancing. Testing, quarantine,3 & contact tracing were employed to detect and prevent further transmission of the virus. Breach of orders was made criminally punishable.

As expected, the pandemic and the lockdown measures have left a greater socio-legal and psychological impact. A sudden change in the lifestyle has put a greater impact on the lives of the residents. The present research paper aims to examine those phenomenon as well as the possible ways to find out long term socio-legal solutions which may be beneficial to tackle such issues in future along with a smooth socio-legal compliance mechanism.

2. Objective of The Study

1) To look for the possible socio-legal & economic impact of the pandemic upon the lives of the study area.

2) To examine the physical and mental effects upon the people’s health during the lockdown period.

3) To identify the possible areas which may provide long term solutions to such problems, to tackle, if may arise in future.

3. Research Question

This COVID-19 crisis in the Maldives has raised many questions from the public to the stakeholders alike. Although the authorities tried their best to deal with the pandemic as per the international guidelines, yet a bigger area remained grey and thus creating lot of issues in the smooth functioning of the society. At the time of the preparation of the research paper, there are over 55 recorded deaths as well as around 16909 total cases (infected people) approximately, although around 14772 have been recovered in the Maldives.4 The active cases are around 2076, mostly of who are in the GMLR due to the Covid-19 outbreak. The bigger question that remained unanswered yet is:

1) How the lockdown measures along with the other steps could have been implemented so that the social fabric could be made to retain like as it used to be?

2 By the discretionary powers vested in the Minister of Health by Section 33 of the 7/2012 Public Health Act

3Nomani, M.Z.M et al, (2020). Quarantine Law Enforcement & Corona Virus (COVID-19) Pandemic in India.

Journal of Xidian University,14(4),536-542. https://doi.org/10.37896/jxu14.4/068

4 https://covid19.health.gov.mv/en/?c=0 on 9.02.2021

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2) Why there were legal and economical challenges that arise although the focus was on the public health?

3) What are the reasons behind the rise of domestic violence and petty crimes, and;

4) How the law enforcing agencies should respond in order to face the challenge as well as to maintain the sanctity of the steps taken to deal with the public health?

4. Significance of The Study

This research paper has the topic which has a high significance due to its propensity with the current situation. The challenges posed by the COVID-19 pandemic require an extensive research to deal smoothly and this paper is one in many such researches. The significance of this study is to answer those questions which impacted the socio-legal aspects of human lives by creating problems in the proper implementation of the rules and regulation in order to combat COVID-19 and its long-term solutions upon the socio-legal impact of COVID-19 in the Maldives.5

5. Scope and Limitations of The Study

Ever since this issue came into light, the government authorities, NGOs and other stakeholders have been unable to find an effective and long-time solution to this problem. The health and treatment procedures laid out in the current Medical and related laws of Maldives are simpler especially if it is a huge crisis as COVID. Despite the growing concern with regards to deal with the pandemic like COVID in the Maldives, the law making, executing and adjudicating bodies seems to be largely confused on tackling this issue on an administrative level.

The following limitations will be specifically considered:

▪ The loopholes in the current socio legal arrangements.

▪ The process of treatment and dealing with the pandemic in the current system both on legal grounds and administrative measurements to prevent such crisis in future.

▪ How the current available laws have a positive impact on the expectations of the needy residents of GMLR?

(a) Why GMLR as the Study area

The area selected for this study is the Greater Male Region (henceforth GMLR). The GMLR comprises of Male City, Machhangaolhi, Hanveiru, Galolhu, Mafannu, Villingili and Hulhumale’ areas.

5 Nomani, M.Z.M et al, (2020). Prevention of mental health disorders among women and children of kashmir

valley: A socio-legal perspective. International Journal of Pharmaceutical Research.12(2), 2888-2892.

https://doi.org/10.31838/ijpr/2020.SP2.350

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Figure 1: Study Area

GMLR is one of the most densely populated areas, not only in the Maldives, but of the world.

In the GMLR, Male’ is the oldest and highly populated city, Hulhumale’ is an artificially reclaimed island and Vilingili is comparatively small yet another important island. All these areas are basically the residential places along with the business, education, political and corporate activities.

(b) Socio-Legal & Economic Aspects of Human Life in the study area

There are a lot of socio-legal aspects of human life which makes the GMLR a potential research area, of which a few of the important ones are listed below:

▪ Huge population in a less space affecting families

▪ Economic progress more than other islands

▪ Migration from islands

▪ Modernization

▪ More job opportunities

▪ Exposure to the outer world

▪ Strong consumerisms, variety of choices

▪ Expensive life style

▪ Lack of community feel

(c) Sources of information: Sample Size and sampling procedure

The research sample size & sampling procedure is the conceptual structure upon which the research is conducted. The questionnaire was responded by Ninety Five (95) respondents consisting both local residents and expats in the study area which were divided into 3 sections as Social, Legal and Health.

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The questionnaire consisted of 25 questions based on 5 points scale. The questionnaire was sent through the internet, primarily as Google Forms link on the random sampling method.

6. Result & Discussion

The COVID-19 crisis is a brutal reminder of the importance of ensuring lasting progress with respect to social rights enjoyment, particularly through the development of universal public health services. It is crucial that the Constitution of the Republic of Maldives has been made in such a manner as to be efficiently used to shape human rights-compliant responses to the crisis, of which, COVID-19 pandemic is just one of a kind, and to take stock once the crisis is over. The legal compliance mechanisms are excellent tools for the reconstruction efforts that will follow, provided the scholars and the legal professional must go hand in hand.

There are many such examples, ranging from the health institutions to the law execution process. The hospitals and private clinics have been found focussing only on the COVID patients, which in turn, is creating problems for the patients of other diseases. In practice, private clinics have not been admitting non-COVID-19 emergency patients. It appears as if the establishment has forgotten that there used to be other diseases as well which too can be fatal as the COVID or even more than that. There is confusion among the people regarding the availability of the arrangements and other necessary medical facilities that used to be in the clinics for every other kind of diseases, now being used solely for the treatment of COVID patients. (See Figure- 02)

Figure 2: Awareness Regarding the Medical facilities

There should be a Govt directive which must make it mandatory for the medical establishments as clinics and hospitals to admit, attend and take proper care of the non- COVID-19 emergency patients.

In the research survey, the researchers found that most of the respondents were of the view that they are not socio legally active as they used to be before the lockdown period due to the closure or minimalistic availability of the public areas (Figure-03). This yields for the opening of the public areas under strict monitoring process as well as regular cleaning and sanitization should always be conducted, as these places are frequently visited by the public and migrant

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labourers in flock due to which the place may be prone to contamination and hazardous materials too which may be another big support for the pandemic to spread.6

Figure 3: Chances of getting infection with COVID-19 while moving in a public place like Sea beach.

The government had to issue an order under the Section 33 of the 7/2012 Public Health Act on over the COVID-19 pandemic from March 12 onwards7 directing the Maldives Police Service (MPS) and Maldives National Defence Force (MNDF to accommodate shelter less residents and the migrant workers and provide them food. However, a sizable number of affected people were sheltered and fed by NGOs and Islamic philanthropic organisations.

Figure 4: Change in the Social and Human Behaviour due to Lockdown

The research has shown some unprecedented developments in the lockdown phase in Male`.

It has not only affected the economy but the society at large. The residents of Male` have undergone a lot of changes in many sectors of the sociological development process. It has affected the people at mental, economical and physical level too (See Figure-04). In addition

6 Shabbir, S., (2012)., The disposal of hazardous waste and the labourer’s right to health, International Journal of Humanities and Religion (IJHR) Vol. 2, No. 5: 37

7 https://edition.mv/news/17895, retrieved on 15-07-2020

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to these, some other areas of social practice have also been affected. These changes have been mostly negative and unpleasant in nature (See Figure-5).

Figure 5: Increase in domestic violence due to the lockdown rules

There was also some positive impact of the crisis that came out during the research. The people became more internet literate than before (See figure-06). Although it may sound a positive development, yet the amount of impact it has created is not ample enough to tackle the negative side of the crisis.

Figure 6: People Became More Internet Literate And Net Savvy Due To The COVID Lockdown

There was a general consciousness of the respondents regarding the impact of crisis on their lives (See Figure-07). Most of them viewed that it will bring drastic changes in their lives which will have an adverse effect as the normalcy couldn’t be restored soon.

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Figure 7: Drastic changes in the social and human behavior due to the COVID lockdown

To tackle these problems, the researchers have a few recommendations. There is a need to take urgent action in order to mitigate the potentially devastating effects of COVID-19, apart from the regular administrative exercise. These actions could be the one which are supported by the social sciences.

Practical awareness drive as to let the people know their rights and the facilities provided to them by the government as well as the possibilities in the sectors other than the traditional ones so to be prepared beforehand to face this kind of crisis in the future.

8. Conclusion

The COVID-19 pandemic has left behind a trail of untold stories of human sufferings.

Although the policy makers and the stake holders tried their level best to cope up with the amount of socio-legal damage in the best possible way, while the legal instruments were made effective, more than before. The monitoring mechanism was made more strengthen than the expectations, yet the negativity of the crisis made the residents of the GMLR, suffer to their wildest dreams. It may be termed, in the sincere research language, that the loopholes weren’t addressed either in a satisfactory manner or in the real time period, else the situation could have been not this much grim. This paper thus tried to find out those grey areas of the socio- legal issues that may leave a lasting impression of social adversities. Thus the researchers aimed to help policy-makers, leaders and the public better understand how to manage threats, navigate different social and cultural contexts, improve scientific communication, align individual and collective interests, employ effective leadership and provide social and emotional support with the outcomes of this paper.

References

Allen, J., Howland, B., Mobius, M., Rothschild, D. & Watts, D. J. Evaluating the fake news problem at the scale of the information ecosystem. Sci. Adv. 1-3539, 2020.

Brooks, S. K. et al. The psychological impact of quarantine and how to reduce it: rapid review of the evidence. Lancet 395, 912–920, 2020.

Christoffersen, J. (2009). Fair balance: proportionality, subsidiarity and primarity in the European Convention on Human Rights. Brill.

https://www.who.int/emergencies/diseases/novel-coronavirus-2019/advice-for-public.

(9)

Huang C, Wang Y, Li X, Ren L, Zhao J, Hu Y, et al. Clinical features of patients infected with 2019 novel coronavirus in Wuhan, China. Lancet 2020; 395:497–506.

Hick, S., Halpin, E., & Hoskins, E. (Eds.). (2016). Human rights and the internet. Springer.

Home care for patients with COVID-19 presenting with mild symptoms and management of their contactshttps://www.who.int/publications-detail/home-care-for-patients-with- suspected-novel-coronavirus-(ncov)-infection-presenting-with-mild-symptoms-and- management-of-contact.

Huang C, Wang Y, Li X, Ren L, Zhao J, Hu Y, et al. Clinical features of patients infected with 2019 novel coronavirus in Wuhan, China. Lancet 2020;395:497–506

Internet Access Is Not a Human Right, available at:

https://www.nytimes.com/2012/01/05/opinion/internet-access-is-not-a-human- right.html (last modified September 13, 2020).

Joyce, (2010). Human Rights and the Mediatization of International Law. Leiden Journal of International Law, 23, 507.

Joyce, D. (2015). Internet Freedom and Human Rights. European Journal of International Law, 26(2).

Kupferschmidt K. (2020). Study claiming new coronavirus can be transmitted by people without symptoms was flawed. In: Science news.

Majumder MAM, Kenneth D. (2020) Early transmissibility assessment of a novel coronavirus in Wuhan, China. SSRN 2020. doi: 10.2139/ssrn.3524675.

Rauf,M. & Nomani, M.Z.M. (2020). Socio-Legal Dimensions of Family Health under Marital Settings of Marriage and Divorce in the Maldives. European Journal of Molecular &

Clinical Medicine,7(11), 5212-5221.

https://ejmcm.com/article_7428_4ff1e01c31ed816030a983265bf0e4a0.pdf

Selwyn, L. L., & Golding, H. E. (2010). Revisiting the Regulatory Status of Broadband Internet Access: A Policy Framework for Net Neutrality and an Open Competitive Internet. Fed. Comm. LJ, 63, 91.

Nomani, M.Z.M et al, (2020). Legal dimensions of public health and COVID-19 pandemic in India, Systematic Review in Pharmacy, 11 (7), 131-134

Nomani, M.Z.M et al, (2020). Prevention of mental health disorders among women and children of kashmir valley: A socio-legal perspective. International Journal of Pharmaceutical Research,12(2), 2888-2892.

Nomani, M.Z.M et al, (2020). Medico-Legal Profiling of Sher-i-Kashmir Institute of Medical Sciences Srinagar under Consumer Protection Laws of Union Territories of Jammu and Kashmir. Medico-legal Update,20(1),198-203.

Nomani, M. Z. M. (2011). Thin Edge of the Web and Fuzzy Line Between Copyrightability and Cyberspace: Hassles Hiccups and Hurdles. V.Tayal (Ed.), Cyber Laws, Cyber Crime, Internet & e-Commerce (pp. 115-127). Bharat Law Publications: Jaipur.

Nomani, M.Z.M et al, (2020). Quarantine Law Enforcement & Corona Virus (COVID-19) Pandemic in India. Journal of Xidian University,14(4),536-542.

Nomani, M. Z. M. (2017). Legal Dynamics of India’s Science Technology & Innovation Policy 2013 and Intellectual Property Rights Policy 2016. Manupatra Intellectual Property Reports, 19-25.

Nomani, M.Z.M et al, (2020). Health Care in Prisons and Detention Homes during COVID- 19 Pandemic in India. European Journal of Molecular & Clinical Medicine, January 2021, United Kingdom.

Nomani, M. Z. M. (2002). Electronic Governance Digital Security and Cyber Piracy: A Criminogenic Perspective. Company Law Journal, 3,264-275.

(10)

Nomani, M.Z.M et al, (2021). Judicial policy for the Covid-19 pandemic in India in comparative legal perspective. International Journal of Pharmaceutical Research,13(1),261-266.

Nomani, M. Z. M., & Rahman, F. (2011). Intellection of trade secret and innovation laws in India. Journal of Intellectual Property Rights,16(4), 341-350.

Nomani, M.Z. M. (2000). The human right to environment in India: legal precepts and judicial doctrines in critical perspective. Asia Pacific Journal of Environmental Law, 5, 113. See also: Nomani, M. Z. M. (1998). Water Pollution and Conservation Existing Legal Framework and Strategy for Reform’. Water Resource Development: Thrust and Challenges, Anmol Publication, New Delhi.

Organization WH. Global surveillance for human infection with novel corona-virus (2019- nCoV); 2020.Heymann DL, Shindo N. COVID-19: what is next for public health?

Lancet 2020.

Peters, E., Lipkus, I. & Diefenbach, M. A. The functions of affect in health communications and in the construction of health preferences. J. Commun. 56, S140– S162, 2006.

Russell, A. The rise of coronavirus hate crimes. The New Yorker

Remais J. Modelling environmentally-mediated infectious diseases of humans: transmission dynamics of schistosomiasis in China. Adv Exp Med Biol 2010;673:79–98

https://www.newyorker.com/news/letter-from-the-uk/the-rise-of-coronavirushate-crimes (2020).

Stiff, C. The game theory of panic-buying – and how to reduce it. The Conversation http://theconversation.com/the-game-theory-of-panic-buying-and-how-to-reduceit- 34107, 2020.

Sinclair, I. M., & Sinclair, I. R. (1984). The Vienna Convention on the law of treaties.

Manchester University Press.

Shabbir, S., (2012)., The disposal of hazardous waste and the labourer’s right to health, International Journal of Humanities and Religion (IJHR) Vol. 2, No. 5: 37

Toxvaerd, Flavio. \Equilibrium Social Distancing." Mimeo, Cambridge University. 2020.

Tully, S. (2014). A human right to access the internet? Problems and prospects. Human Rights Law Review, 14(2), 175-195.

World Health Organization. Coronavirus disease 2019 (COVID-19), Geneva: WHO; 2020.

Situation Report 40.

Xiao F., Tang M., Zheng X., Li C., He J., Hong Z., et al. Evidence for gastroin- testinal infection of SARS-CoV-2. Gastroenterology doi: 10.1053/j.gastro.2020. 02.055

Zhang F.,OmarAbudayyeh O.,Gootenberg J.S. https://www.broadinstitute.org/

files/publications/special/COVID-19%20detection%20(updated).pdf

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