“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.

Justice is not always static or absolute; it evolves with changing social values, scientific progress, economic realities, and moral consciousness. Practices once considered fair or acceptable may later appear unjust as society develops greater awareness about equality, dignity, and rights. Therefore, laws and ethical standards must continuously adapt to changing contexts to prevent injustice.

Why the concept of justice is contextual:

• Social values evolve over time: What society once accepted may later be seen as discriminatory or unethical.
  • Example: Practices like untouchability and child marriage were socially accepted in the past but are now considered grave injustices.
  • Expansion of human rights consciousness: Modern societies increasingly recognize dignity and equality for marginalized groups.
  • Example: Recognition of LGBTQ+ rights and decriminalization of homosexuality in India transformed earlier legal perceptions of “acceptable conduct.”
• Technological and digital changes create new ethical issues:

Advancements in technology alter the meaning of justice and privacy.

• Example: Collection of personal data by digital platforms was once normalized, but today concerns over data privacy and surveillance demand stricter safeguards.
• Economic and environmental contexts change: Development models once considered beneficial may later appear unjust due to their social or environmental costs.
  • Example: Unchecked industrialization earlier symbolized progress, but today pollution and climate injustice highlight its harmful impacts on vulnerable communities.
• Gender justice evolves with awareness: Patriarchal norms once seen as natural are now challenged through constitutional morality.
  • Example: The growing recognition of workplace harassment and marital rights reflects changing standards of justice toward women.

Need for constant scrutiny of changing contexts:

• Prevents misuse of outdated laws: Rigid adherence to old norms can create injustice in modern society.
  • Example: Colonial-era sedition provisions have faced criticism for misuse against free speech.
  • Ensures substantive justice: Justice should focus not merely on legality but also on fairness and equity.
• Example: Reservation policies seek to correct historical inequalities rather than treat everyone identically. Protects vulnerable sections: Continuous review helps respond to emerging forms of exploitation.
  • Example: Cyber laws and protections against online harassment evolved due to digital crimes.

Balances tradition and constitutional morality. Society must evaluate customs against principles of dignity and equality.

• Example: Judicial interventions against discriminatory religious or social practices.

Justice is a dynamic concept shaped by changing social realities and ethical awareness. Continuous scrutiny of laws, customs, and institutions is essential to ensure that evolving contexts do not perpetuate injustice. A balance between enduring moral principles and changing societal needs is necessary for a humane and equitable society.