← All questionsGS4 · 2024 · Ethics Theory ·Contextual Nature of Justice
QUESTION 4(a)
GS4
10 marks

“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.

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7 min
150 words

What the examiner wants

Examine with examples how notions of just and unjust change over time and why law must keep up.

ExamineGo into the details, test each point against evidence, and conclude on what it shows.

Demand-wise check

  1. 1Meaning: justice is shaped by social values, knowledge and rights awareness, which change≈30 words
  2. 2Examples: decriminalisation of homosexuality (Navtej Johar, 2018); adultery (Joseph Shine, 2018); privacy as a fundamental right (Puttaswamy, 2017)≈30 words
  3. 3Need for scrutiny: periodic law review, Law Commission, repeal of obsolete laws≈30 words
  4. 4Caution: some core values (dignity, non-violence) are not contextual≈30 words

Open in about 20 words and close in about 20.

Answer plan

MeaningExamples of changeMechanisms for reviewLimitConclusion

Where marks usually go

  • Agreeing with no examples
  • Implying that all morality is relative

Draw this

  • Timeline: old law → changed context → new judgement

Value addition

  • CaseNavtej Singh Johar v Union of India (2018) read down Section 377 IPC.Supreme Court of India
  • ExampleOver 1,500 obsolete central laws have been repealed since 2014.Ministry of Law and Justice

Mapped topper copies

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