Mains Focus – 2nd Dec 2025

02/12/2025

83 1 minute read

Question

“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.” [GS – 4 UPSC 2024]

Answer

Justice is a dynamic and evolving concept that is deeply influenced by time, social values, cultural norms, technological developments, and moral expectations of society. What is perceived as just or unjust is not absolute, but contextual, shaped by contemporary realities. Therefore, ethical decision-making and governance must remain adaptable to ensure fairness.

Historically, many practices once considered legitimate are now seen as morally wrong. For example, untouchability, slavery, child labor, and colonial rule were once socially accepted but today are condemned as violations of human dignity. Their transformation from “just” to “unjust” highlights how justice evolves with social consciousness and human rights discourse.

In modern times, evolving contexts also influence legal and administrative decisions. For instance:

Section 377 (LGBTQ rights): Homosexuality was criminalized for over a century. With changing societal understanding of gender identity and human rights, the Supreme Court decriminalized it in 2018, recognizing the injustice previously done.
Right to Privacy: Earlier treated as implicit and limited, it was declared a fundamental right in 2017 due to digital transformations and increasing threats to personal data.
Death Penalty: Once widely acceptable, it is now applied only in the “rarest of rare” doctrine due to concern for human rights and possibility of judicial errors.

In governance, technology introduces contextual justice issues. Example: facial recognition and AI-based policing may seem efficient, but without regulation they could lead to discrimination and loss of privacy. Similarly, COVID-19 restrictions, initially just for public welfare, would become unjust if continued without reason.

Thus, constant scrutiny, review of laws, ethical reflection, stakeholder consultation, judicial oversight, and accountability mechanisms are essential to prevent miscarriage of justice.

Conclusion:

Justice must align with contemporary values of equality, liberty, and human dignity. A system that rigidly clings to outdated interpretations risks perpetuating injustice. Therefore, laws and ethical standards must adapt to changing social contexts through continuous evaluation.