ABSTRACT
In this chapter, the author examines at some length the relationship between the ‘triadic ethical framework’ of the constitution that constitutes the constitution-as-commons on the one hand and ‘Covid-19 Jurisprudence’ on the other. The reduction of Article 21 rights to the duty of governments and courts to prevent assault on medical professionals in manifestly draconian ways is one aspect of Covid-19 jurisprudence on public health. Safoora Zargar’s case raises critical questions relating to legal regimes and reasoning that must inform the jurisprudence of human rights and civil liberties in a manner that does not lose sight of context, specificity and intersections – evolving in the process, a reasonable and just standard for the law that is mindful of reproductive justice and gendered personhood and rights. Eschewing the languages of war and enemies (along with its attendant proxy fences and securitized borders) in a crisis around a pandemic/disease/illness that needs a coming together, is necessary.
