Q4. (a)  "The concept of just and unjust is contextual. What was just a year ago, may turn out to be unjust in today's context. Changing context should be constantly under scrutiny to prevent miscarriage of justice." Examine the statement with suitable examples. 

Approach


Introduction

The notion of justice is not static; it evolves with societal norms, cultural shifts, and historical events. As contexts change, so too do the interpretations of what is just or unjust. This dynamic nature necessitates ongoing scrutiny to uphold justice effectively.

Body

The concept of justice is inherently tied to the social, cultural, economic, and political context of a given society at a particular time. What is considered just or unjust can vary significantly based on cultural norms and values, economic conditions, political systems and ideologies, scientific and technological advancements, social movements and lastly public opinion.

But as societies evolve, so do their notions of justice. What was once considered just may be viewed as unjust in light of new information, changing social norms, or shifts in moral understanding. This evolution can occur gradually or rapidly, depending on various factors such as social movements and activism, technological advancements, economic changes, political reforms, educational progress and global influences. 

For Example: 

  • Slavery once considered legal and economically justified in many countries is now universally recognized as unjust and prohibited by international law. 
  • Similarly, Child marriage was accepted practice in many communities of India but now it is prohibited by law (Prohibition of Child Marriage Act, 2006). 

Therefore, constant scrutiny of changing contexts is crucial for several reasons:

  • Preventing the perpetuation of outdated or harmful practices
  • Ensuring that laws and policies reflect current societal values
  • Addressing emerging ethical challenges
  • Protecting vulnerable groups from discrimination or exploitation
  • Promoting social progress and equality. 

The following measures can be adopted to prevent the miscarriage of Justice 

  • Legal systems must be flexible enough to adapt to changing societal norms, 
  • Continuous education and public discourse are essential for reassessing and refining our understanding of justice, 
  • Historical injustices must be acknowledged and addressed to promote healing and progress 
  • Further, global cooperation and the exchange of ideas can help in identifying and addressing injustices across cultures.  

Conclusion

In the ever-evolving scenario of human experience, justice must remain a vigilant guardian, adapting to the shifting sands of societal values. Only through perpetual examination and recontextualization can we hope to uphold a genuinely equitable society, safeguarding against the erosion of moral integrity.

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