INTRODUCTION
In a society, two elements help people decide the acceptability of an action: morality and law. While morality is subjective, law is rigid. Morality is different for every individual, but the law is a static entity that can only change for a specific reason after a set of arguments among intellectuals of a State. Oftentimes, when the law and morality intersect, a question arises. Can both these elements be given equal importance? Can they exist independently, or does law need to reflect and justify the moral compass of a society?
This blog aims to delve into these questions and examine the overlap, the conflicts, and the balance between legal obligations and moral compass.
UNDERSTANDING MORALITY
Morality is defined as “a set of personal or social standards for good or bad behaviour or character.”[1] It’s a person’s perspective on what is acceptable and what is not. Morality cannot be enforced on an individual or a group of individuals. It is a personal choice.
UNDERSTANDING LAW
Law, according to Merriam-Webster[2] dictionary, is defined as “a binding custom or practice of a community: a rule of conduct or action prescribed or formally recognised as binding or enforced by a controlling authority.”[3] As opposed to morality, law isn’t subjective. It is a rigid system: the same for everyone. Law is enforceable by the courts, police, and other authorities. It is more organised and objective, backed by institutions such as the legislature, judiciary, and other law enforcement agencies.
The law is often mistaken for being made to enforce moral values on people. While this might coincidentally be true in some cases, it isn’t necessarily so. Laws are enacted to maintain public order, protect individual rights, and resolve disputes. A legal rule might not always represent what’s morally “right”, but rather what is administratively necessary or politically agreed upon.
WHERE LAW AND MORALITY INTERSECT
Morality and law overlap in many cases. Laws against theft, assault, murder, etc., are the prime example of how the legal system handles the intersection of morality and law. The Indian Constitution mentions the moral ideals of justice, liberty, and equality in many Acts and Sections. Moreover, social reforms like the abolition of slavery, sati pratha, and campaigns for gender equality are further examples of how morality and ethics play an important role in the making and implementation of legal reforms.
WHERE LAW AND MORALITY DIVERGE
Despite having several overlaps, there have been several cases where morality and law have clashed. Be it the Apartheid in South Africa, which included legally sanctioned racial segregation, or Nazi Germany’s heinous acts towards the Jews, morality has been severely compromised multiple times in history.
Even in contemporary democratic societies like ours, there are certain actions that, although lawful, are still immoral and unethical. Avoiding taxes through loopholes, cutting down trees to make buildings and complexes, and the overpricing of life-saving medicines are some examples of when immoral tasks are legal in the eyes of the law.
Moreover, morality is not the same for everyone. What might be morally right or ethically acceptable for one person may or may not be the same for another. This is where the ambiguity comes in. How do we determine the definition of what is morally acceptable for everyone? What does a person do when they are morally obligated to do something, but the law doesn’t allow it?
CONTEMPORARY RELEVANCE: ETHICAL DILEMMAS IN MODERN LAW
The law-morality debate has surfaced in many contemporary issues:
- Abortion: While abortion is a legal right in many jurisdictions, certain groups of people consider it morally wrong.
- Same-sex marriage: LGBTQ+ relationships and same-sex marriages have been legalised in many parts of the world, but many people still oppose it on moral grounds, citing religious violation.
- Euthanasia: Although euthanasia is legal in certain parts of the world and seen as a dignified death by many people, some people contend that it is morally and ethically wrong, even comparing it to murder.
- Freedom of speech: The Indian Constitution gives the citizens of India the right to freedom of speech and expression under Article 19[4]. This right, when misused as hate speech, can hurt people’s emotions and even cause physical harm sometimes.
India is a diverse, pluralistic, and multicultural society. Therefore, legal reforms must be in coordination with the various moral beliefs of the people, ensuring that no one community is favoured over another. The Supreme Court’s judgments often reflect the careful balancing act in cases like Navtej Singh Johar v. Union of India[5], where it decriminalised homosexuality, and Justice K.S. Puttaswamy v. Union of India[6], where it recognised privacy as a fundamental right.
STRIKING THE BALANCE
The question of whether the law should be prioritised or moral values is not a simple one. It does not have a one-word answer. It largely depends on the situation in which the question is asked. In many cases, laws are enacted to promote moral values such as dignity, equality, liberty, and justice. However, relying too heavily on moral values while neglecting the diversity and subjective nature of ethics and morality can adversely affect both individuals and law enforcement agencies. Conversely, laws, if made without considering the moral beliefs of the people, will cause public unrest and lead to a loss of public respect and legitimacy.
Lawmakers, judges, and citizens all play a role in ensuring that the legal system evolves with the moral progress of society. Public debate, judicial interpretation, and constitutional values act as bridges between legality and morality.
CONCLUSION
The relationship between morality and law is both dynamic and essential. While law provides a structural backbone to society, morality gives it a soul. Their interaction is not always harmonious—but it is necessary. In an ideal society, the law should not only command obedience but also inspire conscience.
As we continue to navigate modern legal and ethical challenges, we must ask ourselves: Should we always follow the law, even when it feels wrong? And when should morality guide our interpretation—or reformation—of the law?
Ultimately, a just society depends on a constant dialogue between what is legal and what is right.
Author(s) Name: Shatakshi Sharma (DSNLU, Visakhapatnam)
References:
[1] Dictionary C, “Morality” <https://dictionary.cambridge.org/dictionary/english/morality> accessed July 21, 2025
[2] Merriam-Webster, The Merriam-Webster Dictionary (Turtleback Books 2016)
[3] “Definition of Law” <https://www.merriam-webster.com/dictionary/law> accessed July 21, 2025
[4] Constitution of India, Art 19(a)
[5] Navtej Singh Johar v. Union of India AIR 2018 SC 4321
[6] Justice K.S. Puttaswamy v. Union of India AIR 2018 SC (SUPP) 1841
