“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

As Heraclitus said, “The only constant in life is change.” Justice, at its core, is a fluid concept, shaped by evolving social norms, legal systems, and cultural values. Therefore, justice must be continuously re-examined to ensure it remains fair and relevant to current circumstances.

Contextual Nature of Justice and Need for scrutiny

  1. Changing Social Norms: Eg: Slavery was considered legal centuries ago, but today, it’s universally condemned. Similarly, Same-sex marriage is legalized in many regions after social advocacy.
  2. Legal Reforms: Eg- The SC’s judgment in the Navtej Singh Johar case (2018) decriminalized homosexuality or Triple Talaq judgment (2017)
  3. Technological Changes: New emerging form of justice like Right to Privacy, Right to be Forgotten etc. Eg- Eg: AI ethics and regulations
  4. Economic ShiftsEg: Feudal land ownership systems were once considered just in many societies but are now seen as perpetuating inequality, leading to land reforms.
  5. Cultural Movements: raise awareness of injustices previously accepted. Eg: The #MeToo movement redefined acceptable workplace behavior, pushing for more accountability.
  6. Changing Political StructuresEg: Colonialism was once justified by many Western powers as a means of “civilizing” other societies, but today, it is widely viewed as an injustice that led to the exploitation and oppression of people.

Universality of Justice

  1. Moral Absolutes: Some principles of justice remain constant, regardless of context. Eg: Murder is universally considered a crime, regardless of the time period.
  2. Natural Rights: Certain human rights, like the right to life and liberty, are universal and timeless. Eg: Freedom from slavery is a universally accepted standard.
  3. Global Ethical Standards: Ethical principles such as fairness and equality transcend time and culture. Eg: Equality before the law remains a cornerstone of justice systems globally.

Way Forward for Adapting Justice to Changing Contexts

  1. Constant Review of Laws: Eg.  Repealing old laws, new criminal codes, labor codes are right steps in this regard.
  2. Judicial Flexibility: Courts should interpret laws with a context-sensitive approach rather than rigidly applying outdated precedents. Eg: S.C. verdict on the right to privacy 
  3. Ethical Oversight: Eg: The formation of ethics boards in scientific research ensures that advancements in areas like genetics or AI do not violate principles of justice.

By balancing evolving societal norms with universal ethical principles, we ensure a fair and equitable justice system for all. As Martin Luther King Jr. once said, “Injustice anywhere is a threat to justice everywhere.”

Subscribe
Notify of
0 Comments
Inline Feedbacks
View all comments

JOIN THE COMMUNITY

Join us across Social Media platforms.

💥Mentorship December Batch Launch
💥💥Mentorship December Batch Launch