Question 1(a) · 10 marks · 166 words written
Do laws need to be consistent with the prevalent moral norms? Discuss with examples.
Opening · a definition
Laws are a set of binding instructions issued by an authority so, as to maintain uniformity of functioning of certain moral principles.
Laws to be consistent with moral principles :-
Body · points
(1) many issues such martial rape affect the sanctity of institution of marriage and such an issue is also morally wrong. Thus, a need of law here.
(2) Corruption, Bribery are all immoral & anti-thetical to honesty & integrity & thus, laws like PMLA, 2002, Prevention of corruption act prohibit them.
(3) morality says we should not harm the environment, shelter of other beings & thus, existence of Environment Protection Act, 1986 & WPA, 1972 = justified.
-> Not always necessary
Close · a summary
eg:- Catholic morals of abortion being wrong. This is belief of one community that could harm the unborn child if he is disabled.
eg:- live-in-relation considered immoral & law against it would lead to social vigilantism hampering Right to life.
Thus, a fine balance between laws & morals is needed for society to function harmoniously.