Question 1(a) · 10 marks · 139 words written
Do laws need to be consistent with the prevalent moral norms? Discuss with examples.
Opening · a definition
Laws refers to the Minimal Code of Conduct that a society collectively puts upon itself.
Laws need to be consistent with prevalent Moral Norms as:
Body · points and prose
(1) Internalisation of Laws → depend upon prevalent morality Eg- instances of Sati witnessed till 1990s.
(2) Transformation of good governance into Ethical governance
(3) Bring real and long term attitudinal changes Eg- Despite Domestic violence Act instances of harassment. → Rape laws donot deter rapists.
However, laws may not always be conforming to Moral Norms (1) Norms are [Subjective] and [Relative] Eg- Sati may have been religious affair (2) Norms are [less representative] ⇓ Laws define collective conscience of society (3) Laws create [deterrence], Norms donot ⇓ Necessary for [rule of law] (4) Inclusive development
Close
Eg- Transgender person protection Act
Both laws and Moral Norms have a role in bringing 'Ramrajya' in society