“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.

In the words of John Rawls, “Justice is the first virtue of social institutions, as truth is of systems of thought.”

However, Justice is not a static or absolute concept but a dynamic one, shaped by the evolving moral, social, and technological landscape of a society.

The Contextual Nature of Justice

Changing political contexts. Eg- Colonial land laws once “legal”, now seen as exploitative.

Changing economic contexts. Eg- shift of policy focus from economic growth to inclusive growth

Changing socio-cultural contexts. Eg- Sati was socially accepted earlier but now a criminal offence.

Changing technological contexts. Eg- A decade ago, mass data harvesting was acceptable but now criticised for “Surveillance Capitalism” and violation Privacy

Changing legal contexts. Eg- basic structure doctrine or Due Process (Menka Gandhi) expanding FRs

Changing environmental contexts. Eg- shift from unlimited resource extraction to intergenerational justice

Changing corporate governance contexts. Eg- shift from profit motive to TBL (people profit planet)

Need for Scrutiny to Prevent Miscarriage of Justice

Avoiding “Legal Anachronism” or “Zombie Laws.” Eg- the decriminalization of Section 497

Prevent legal injustice – Laws may become oppressive if context changes. Eg- Sedition law

Non scrutiny leads to moral stagnation. Eg- persistence of manual scavenging.

Adapting to changing social realities. Eg- live in relationships or single parent families

Maintain legitimacy of state. Eg- RTI Act for transparency in governance

Protection of vulnerable sections. Eg- legal recognition of Mental Health.

Preventing Technological Tyranny – Eg- Right to be Forgotten under data protection Acts

As a society becomes more civilized, the “just” methods of punishment are needed. Eg- over 100 countries abolished Death penalty

Addressing “New” Harms in the Digital Age. Eg- AI generated Deepfakes

To uphold constitutional morality. Eg- Triple talaq invalidated despite social practice.

“The Only Constant in Life Is Change.”- Heraclitus

Thus, Justice must be a “living” concept for human progress and “Good Life” (Eudaimonia)