GS4 · 10 marks · 150 words

Uniform Civil Code (UCC) aims to create a common set of laws governing personal matters, such as marriage, divorce, inheritance, and adoption, irrespective of individuals' religious affiliations. In the context of the ongoing discourse on UCC in India, examine the challenges that arise when attempting to reconcile legal principles with diverse moral considerations. To what extent should the law be influenced by moral/religious principles?

Answered by 5 toppers · CSE 2020–2024

Law and MoralityDimensions of EthicsEthical Dilemmas in Government

Syllabus: Ethics and Human Interface: Essence, determinants and consequences of Ethics in-human actions; dimensions of ethics; ethics - in private and public relationships. Human Values - lessons from the lives and teachings of great leaders, reformers and administrators; role of family society and educational institutions in inculcating values.

How toppers approached it

From all 5 answers · about 150 words · 60% drew a diagram.

Opening

  • A constitutional or legal provision100%

Body

  • Points and prose80%
  • Points20%

Close

  • A way forward60%
  • No separate close20%
  • A summary20%

The toppers’ answers

Madhav AgarwalAIR 16 · CSE 2024 · 186 wordsTheir whole copy

Opening · a constitutional or legal provision

UCC has envisaged to be endorsed by state under Article 44, has generated a mixed response due to clash of law and morality.

Challenges:

Body · points and prose

(1) Morality is subjective and changes religion to religion but law seems to make it objective. (2) Legal principles would reduce the role of religious authorities as it would now come under judicial purview. (3) Seen as an interference into Right to Religion (Article 25-28) and infringes on rights of minority.

Close · a summary

Law be influenced by moral/religious principles.

YesNo
1. When the ethics encompass the wide welfare of society1. Law Not follow when religious principles are narrow
(eg): laws in form of Dhamma in Buddhism(eg): acceptance of caste has to be tackled by a law
2. Leads to wider acceptance of laws when they are influenced by religion2. When morals infringe on rights of individual
(eg): Women face inheritance/divorce issues under moral

In all, "laws float in sea of ethics", and must ensure constitutional morality above any immoral principle.

More on Law and Morality

Where the legal and the ethical part company: an act that is lawful but wrong, or right but unlawful, and constitutional morality.

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