SECTION B
Essay
125 marks
Customary morality cannot be a guide to modern life.
WRITE IN
90 min
1,000–1,200 words
Reading the topic
The topic claims that norms inherited from tradition, about caste, gender, marriage or sexuality, cannot guide a society based on rights, reason and diversity. The examiner expects a balanced essay that separates harmful customs from valuable traditions and discusses constitutional morality.
ThesisCustomary morality offers wisdom and belonging but cannot be the final guide in modern life, which must be anchored in constitutional morality, reason and respect for individual dignity.
Dimensions to cover
- 1Law: Indian courts have held that constitutional morality must prevail over popular or social morality
- 2Gender: customs governing women's dress, mobility and marriage often conflict with equality and autonomy
- 3Caste: endogamy and purity norms rooted in custom violate equal dignity
- 4Environment: some customs, such as community conservation of trees and animals, remain valuable guides today
- 5Pluralism: in a diverse society, no single community's custom can bind everyone
Counter-view
- Defenders of tradition argue that customs carry tested wisdom and social cohesion that rationalism lacks. The essay should accept this and argue for reforming customs through constitutional values, not discarding them wholesale
Open and close
- Open: Open with a young couple in Haryana approaching the police for protection after a khap panchayat declares their inter-caste marriage a violation of custom
- Close: Close by arguing that customs should be kept as heritage and companions but not as judges, with the Constitution as the final guide
Where marks usually go
- Rejecting all tradition as backward, which is one-sided
- Defending all customs and ignoring caste and gender injustice
- Writing only legal case summaries without ethical reasoning
Examples that fit
- CaseIn Navtej Singh Johar v. Union of India (2018), the Supreme Court decriminalised consensual same-sex relations, placing constitutional morality above social morality.Navtej Singh Johar v. Union of India, (2018) 10 SCC 1
- CaseIn Shakti Vahini v. Union of India (2018), the Supreme Court issued guidelines against khap panchayats harassing couples who marry by choice.Shakti Vahini v. Union of India, (2018) 7 SCC 192
- HistoryIn 1730, Bishnoi villagers led by Amrita Devi gave their lives at Khejarli to protect khejri trees, a custom whose ethic modern environmentalism admires.Rajasthan state records; Centre for Science and Environment
- CaseIn 2023 a Constitution Bench upheld Tamil Nadu's law permitting jallikattu, showing courts weighing cultural custom against animal welfare.Animal Welfare Board of India v. Union of India (2023)