UPSC Mains GS Paper 4 Questions Number 4 (a) Solution

Q. 4(a) The concept of just and unjust is contextual. What was just a year back, may turn out to be unjust in today’s context. Changing context should be constantly under scrutiny to prevent miscarriage of justice.” Examine the above statement with suitable examples.

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• • Gender-based Violence (Marital Rape): laws that once seemed just, appear outdated and unjust→ important to consider consent and women’s rights to ensure justice.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.

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