Ethics in Public Administration

Model Answer

Introduction

The statement, “The concept of Just and Unjust is contextual,” highlights the dynamic nature of justice, which evolves with societal values and norms. As John Rawls noted, justice is essential for social institutions, and what was deemed just in the past may now be perceived as unjust. This evolution necessitates constant scrutiny to prevent miscarriages of justice.

Historical Legislation and Social Evolution

Justice has historically evolved in response to changing societal norms. The Bengal Sati Regulation of 1829 outlawed the practice of Sati, illustrating how cultural practices once accepted as just were redefined as unjust through legal reform.

Technological Advances and Legal Responses

As technology advances, laws must adapt to new realities. The Information Technology Act of 2000, amended in 2008, reflects a response to digital crimes, ensuring data privacy and curbing cybercrime, thereby applying utilitarian ethics for the greater good.

Economic Changes and Justice

Economic shifts often require a reevaluation of justice. After India’s liberalization in the 1990s, labor laws were revised to ensure fairness and equity in a new capitalist framework, grounded in Rawlsian principles of distributive justice.

Shifts in Collective Morality

Changing societal values lead to legal reforms. The 2018 Supreme Court ruling decriminalizing homosexuality in India overturned colonial-era laws, reflecting evolving attitudes towards LGBTQ+ rights.

Public Health and Ethics

During the COVID-19 pandemic, lockdowns exemplified the need to balance individual freedoms with collective health, requiring a redefinition of justice in public health contexts.

Continuous Scrutiny of Justice

To prevent miscarriages of justice, several measures are essential:

1. Regular Legal Reforms: Continuous updates to laws ensure relevance. The Indian Penal Code has been revised to address cyberbullying.
2. Judicial Reviews: The Supreme Court uses judicial review to align laws with evolving social values, safeguarding fundamental rights.
3. Ethical Committees: In emerging fields like AI, ethics committees evaluate implications to ensure fairness and prevent injustices.
4. International Benchmarking: Aligning national laws with international standards helps prevent normative isolationism and ensures global justice.
5. Educational Reforms: Law schools now offer courses in cyber law, equipping future jurists to address contemporary challenges.

Conclusion

Justice is not static; it must evolve with societal, technological, and moral changes. Constant scrutiny and adaptation of legal frameworks are essential to uphold fairness and equity. As Dr. B.R. Ambedkar emphasized, justice is about rendering every person their due, requiring continuous reflection and reform in our understanding of what is just.