Table of Contents
Introduction
- Highlight that the concept of just and unjust is fluid and context-dependent
- Elaborate the factors on which the concept of just and unjust is dependent-what is considered fair or unfair can vary depending on the circumstances, progress of a society, cultural and societal norms, laws, values or perspectives involved.
How concept just and unjust has varied temporally
- Social Evolution and Concept of Just and Unjust:
-
-
- E.g., decriminalisation of homosexuality in India reflects a shift from past laws→ Criminalization was once considered just→Decriminalization is a shift to a new understanding of personal freedoms and human dignity.
-
- Technological advancements and concept of just and unjust:
-
-
- Surveillance technologies were once seen as justifiable for national security, however, the right to privacy in the digital age has become a concern→Right to privacy recognized under Article 21
-
- Judicial Activism and the Concept of Just and Unjust
-
-
- E.g., Sabarimala Case (2018) The prohibition on women of menstruating age entering the temple was traditionally considered just based on religious customs→SC ruled in favour of women entry→shift towards gender equality and a re-examination of what constitutes religious freedom versus discrimination.
-
- Globalization and the Concept of Just and Unjust
-
- Licence Raj (regulations and licences that restricted the operation of businesses in India) was seen as necessary for social justice and economic growth.
- However, later the system was seen as an ineffective system which hindered economic growth→ shift→ economic liberalization reforms of 1991, were seen as a just solution to promote competition, efficiency, and growth.
Need to consider changing contexts to prevent miscarriages of justice
-
- Gender-based Violence (Marital Rape): laws that once seemed just, appear outdated and unjust→ important to consider consent and women’s rights to ensure justice.
- Discrimination based on food habits (Veg Vs Non Veg Issue)- Previously, minimal discrimination→currently, discrimination with increasing fundamentalism and communalism.
- E.g., a nursery student was expelled from school for bringing non-vegetarian food to class→Necessary interventions to be taken to prevent such discriminations.
- Acceptance of art: E.g., controversies surrounding films like “Padmaavat” (2018). Interventions are necessary to prevent miscarriages of justice by balancing religious sentiments with freedom of expression.
- Dissent:
-
- Previously, dissent and criticism of government policies were seen as a natural part of democratic discourse in India.
- In recent times, dissent has increasingly been viewed as anti-national or seditious, leading to arrests under laws like the Unlawful Activities (Prevention) Act (UAPA).
Conclusion
- “Laws and institutions must go hand in hand with the progress of the human mind.” – – Thomas Jefferson
- Emphasise the need for constant re-evaluation of legal and social norms to serve justice based on changing values, social awareness, and economic realities.