Mains Practice Questions

Introduction

“Ethics begins where law ends”. Law and ethics are closely intertwined systems that guide human behavior and social conduct. While law represents codified rules enforced by governmental authorities, ethics encompasses moral principles and values that shape individual and societal notions of right and wrong.

Body

Complementary Aspects:

• Evolving Societal Standards: Laws and ethics work together to reflect and shape evolving societal standards, mutually reinforcing progressive change.
  • Example: The Mental Healthcare Act, 2017 reflects changing ethical attitudes towards mental health, emphasizing rights and dignity of patients.
• Balancing Individual and Collective Rights: Both legal and ethical frameworks strive to balance individual freedoms with collective welfare.
  • Example: The Motor Vehicles (Amendment) Act, 2019 enhances road safety measures, balancing personal convenience with public safety.
• Upholding Professional Integrity: Laws often codify ethical standards for professional conduct, enhancing public trust and accountability.
  • Example: The Medical Termination of Pregnancy (Amendment) Act, 2021 expands safe abortion access while maintaining medical ethics.
• Environmental Stewardship: Legal frameworks often embody ethical responsibilities towards nature and future generations.
  • Example: The Air (Prevention and Control of Pollution) Act, 1981 reflects ethical concerns about environmental preservation.
• Ethical Business Practices: Laws can enforce ethical standards in business, promoting fair competition and consumer protection.
  • Example: The Competition Act, 2002 legally mandates ethical business conduct and fair market practices.
• Ethics as Moral Compass for Laws: Ethics provides the moral compass for law, guiding its creation and interpretation.
  • For instance, while a business might manipulate invoices to accept cash payments, if he/she is ethical, he/she will voluntarily disclose potential tax liabilities with integrity, exceeding their legal obligations.
    • Also, the Delhi government's scheme, offering free electricity up to 200 units and a 50% subsidy for 201-400 units, exemplifies this.
• Though legally permitted, the self-declaration requirement of the beneficiary ensures that ethical behavior can surpass mere legal compliance.

Conflicting Aspects of Laws and Ethics:

• Privacy vs. Public Safety: Laws aimed at ensuring public safety may infringe on ethical principles of individual privacy.
  • Example: The DNA Technology (Use and Application) Regulation Bill, 2019, which allows DNA profiling for criminal investigations (later withdrawn), raises ethical concerns about genetic privacy.
• Freedom of Expression vs. Social Harmony: Legal restrictions on speech to maintain social order can conflict with ethical ideals of free expression.
  • Example: Section 66A of the IT Act (struck down in 2015 Shreya Singhal Case) criminalized "offensive" online content, conflicting with ethical principles of free speech.
• Environmental Protection vs. Indigenous Rights: Conservation laws can sometimes conflict with the ethical rights and traditional practices of indigenous communities.
  • Example: Kanha Tiger Reserve, Madhya Pradesh, was established in 1973 for tiger conservation, resulting in the displacement of the Baiga and Gond tribal communities from their ancestral lands.
• Euthanasia and Right to Die: Legal prohibitions on euthanasia can conflict with ethical arguments for personal autonomy in end-of-life decisions.
  • Example: Despite the 2018 Supreme Court ruling allowing passive euthanasia, active euthanasia remains illegal, conflicting with some ethical views on dying with dignity.

Conclusion

Therefore, Law and ethics often intersect in complex ways. Sheltering undocumented migrants is ethically commendable but legally restricted, while denying life-saving treatment due to financial constraints is legally permissible yet ethically questionable. A just society must integrate legal compliance with ethical principles, aspiring to higher moral standards beyond legal mandates.