INTRODUCTION
A society is a blend of individuals’ ideals, norms, beliefs, cultures, ethics, and values. Any society is guided by an acceptable code of conduct and standards that are followed by all. This is necessary to regulate and harmonize diverse belief systems. Since times immemorial, morals and ethics have played a significant role in regulating human behaviour in a society.
With modernization, these morals formed the foundation of a formal code of rules and regulations that is backed by state authority. A formal system was established to ensure uniformity of conduct and protect the interests of its people. This formal system (which came to be known as ‘Law’) depends largely on the social values, accepted norms, and behavioural patterns of a particular society at a given time.
This establishes a significant relationship between law and morality. Both exert significant influence on society, capable of shaping or destabilizing its foundations. In India, this relationship is shaped by historical, cultural, and religious influences. The Indian Constitution incorporates moral principles through Fundamental Rights, Duties, and Directive Principles. The interplay between law and morality in India is dynamic, reflecting a blend of tradition and modernity.[1]
UNDERSTANDING LAW AND MORALITY
Jurists have defined law differently from different points of view. According to John Austin[2], Law is the command of the Sovereign, backed by sanction. Law was defined as a “Rule laid down for the guidance of an intelligent being by an intelligent being having power over him.” According to Von Savigny[3], law is the product of the people’s lives and their culture in a particular society. He formulated his famous ‘aphorism’ that “Law was rooted in the past of a nation and its sources were popular faith, custom and common consciousness of people.” According to the ‘Theory of Social Engineering’ provided by Roscoe Pound[4], “Law is a balance between the competing interests in society, in which applied science is used for resolving individual and social problems.”
Broadly speaking, law is a national pattern of conduct to which actions do or ought to conform. The key functions of Law include the maintenance of peace, order, harmony, uniformity, and stability in society, as well as ensuring justice – social, economic, and political.
Morality, on the other hand, is defined as the subjective interpretation of a person or a society on what is right and wrong. It helps in distinguishing between good and evil. It guides behaviour in a society. Moral values are dependent on one’s upbringing, surroundings, teachings, and culture.
Similarities between Law and Morality –
- Both concepts are dynamic and keep developing with the changing society
- Both serve to guide behaviour, maintain social order, and promote justice.
Differences between Law and Morality –
- Law derives its authority from the state. Morality had its source in religion and conscience.
- The object of law is the submission of the individual to the will of an organized society. Morality tends to subject the individual to the dictates of his conscience.
- Morals look into the intrinsic value of conduct where motive is taken into consideration. Law is mainly concerned with the conduct of an individual.
- Law provides formal rules and enforcement. Morality offers informal guidelines based on societal values.
- Law is a body of rules and regulations that are mandatorily obligated to adhere to. Morals are general principles that define human conduct and are not compulsory to be followed.
- Violation of the law leads to official penalties and punishment. Morality does not have official sanctions.
HISTORICAL CONTEXT OF LAW AND MORALITY IN INDIA
Historically, the law has been closely linked with Dharma and Hukum, serving as the fundamental code of conduct for Hindus and Muslims respectively, even before formal legal systems were established. Dharma and Hukum formed the basis for legal concepts like morality and ethics.[5]
In the earlier stages of society, there was no distinction between the law and morals. Customs, moral duties and obligations, usage, traditions, and common practices were the standards governing the actions of the people. These principles were the prolonged practices passed on from generation to generation. Over time, the differences in religious beliefs as well as modernization and urbanization adversely affected the uniformity of moral standards, eventually ruining the peace and order among the people. This unrest demanded authoritative standards to coordinate human behaviour.[6]
The Indian Constitution sets a legal framework for all individuals to abide by. Principles of equity, justice, and good conscience govern our Constitution. The essence of Constitutional morality is reflected in Articles 25 and 26.[7] The basic structure of our Constitution is based upon constitutional morality and emphasizes the values of freedom, life, equality, etc.
RELATIONSHIP BETWEEN LAW AND MORALITY
Morals as the basis of law: It is said that law and morals have a common origin, that is, the divine origin, or the human conscience of what is right and wrong, but they diverge in development. For example, theft is a crime. This law is based upon the value of honesty.
Morals as the test of law: It has been contended that the law must conform to morals. This is because there is a close relationship between law and society. Morals have an important place in society, and thus, those laws that do not conform to morality won’t be able to sustain them long.
Morals as the end of Law: It is contended that law aims to secure justice, which is very much based upon morals. The immediate end of the law is to secure social interests, that is, to secure harmony of claims and demands. In Sanskrit, the word for law is Dharma, which also implies morals.
Morals as part of the Law: Morality is ‘secreted in the interstices of the legal system’ and, to that extent, is inseparable from it. The law in action is not a mere system of rules but involves the use of certain principles based on morals, for example, justice, equity, and good conscience.
Law and morals act and react upon and mould each other. In the name of justice, equity, and good conscience, morals have infiltrated into the fabric of law. Moral considerations play an important role while making and interpreting law, and exercising judicial discretion. Morals perfect the law. Similarly, law has a significant influence on social beliefs and customs, thus shaping morals. What is considered moral today might be considered immoral back in time, and vice versa. For example, practices like child marriage and Sati, which were prevalent in ancient India, are now considered immoral as well as prohibited by The Prohibition of Child Marriage Act, 2006, and Domestic Violence Act, 2005, respectively. Similarly, laws allowing abortion rights to women uplift women’s rights as well as shape the belief systems of societies that consider abortion as immoral. Issues such as LGBTQ+ rights and live-in relationships are areas where conflicts arise between law and morals. The state thus upholds the principles of the constitution to secure individuals’ rights.
A landmark case that interprets and distinguishes the concepts of law and morality is Queen v. Dudley and Stephen[8], where the defendants, Dudley and Stephens, and two other people, Mr. Brooks and Richard Parker, sat on a boat. After many days of being stuck in the middle of the sea, when it was clear that everyone would die due to starvation, the defendants killed Parker so that others could feed on him. The issue lies between the illegal act of committing murder and the moral act of saving one’s life. The defendants were held guilty of murder on the rationale that necessity is no ground for murder.
Another celebrated case, The Sabarimala Temple case,[9] saw the battle between moral values and legal principles. The entry of women into the temple was prohibited on religious and moral grounds. From the legal point of view, the entry violated the fundamental rights of women by discriminating against them on the grounds of sex. Today, moral values have changed with time, what was immoral then is the infringement of Fundamental rights today.
Another milestone was set in Navtej Singh Johar v UOI[10], which partially struck down s 377 of IPC for being violative of Art 14 of the Indian Constitution, decriminalizing consensual sexual acts between adults of the same sex.
In NALSA v UOI[11], transgender individuals were recognized as ‘third gender,’ and the court upheld their right to be treated with the same fundamental rights as guaranteed by the Indian Constitution.
“Social Morality cannot be a justification for violation of any community’s fundamental rights.”
CONCLUSION
Law and morality influence each other. They cannot be used synonymously; rather, they have complementary roles. Morals cannot be separated from law, most of the laws are based on morals that lay general guidelines for human conduct. Law is a powerful tool to bring about positive changes in society by shaping and moulding morals. If the law is to remain closer to the life of people, it cannot ignore morals.
Author(s) Name: Mudita Ahuja (Vivekananda Institute of Professional Studies, VIPS-TC, GGSIP University, Delhi)
References:
[1] Ashok Kumar Rai and Dr. Santosh Kumar, ‘Navigating the Intersection of Law and Morality : Perspectives, Influences and Contemporary issues in the Indian Context’ (2024) 2(7) IJMR <https://theacademic.in/wp-content/uploads/2024/08/28.pdf> accessed 20 January 2025
[2] John Austin was an English legal theorist who influenced law with an analytical approach to jurisprudence
[3] Von Savigny was a German jurist and legal scholar who was one of the founders of Historical school of Jurisprudence
[4] Roscoe Pound was an American legal scholar and a chief advocate of Sociological school of jurisprudence
[5] Uzma Abbas, ‘An analysis of morality and the law’ (2024) 4(1) IJLJJ <https://www.lawjournal.info/article/113/4-1-44-656.pdf> accessed 20 January 2025
[6] Baishali Jain, ‘The Dichotomy of Law and Morality with Indian Perspective’ (2021) 24 Supremo Amicus <https://doi-ds.org/doilink/06.2021-75919489/supremoamicus/v24/2021/95> accessed 20 January 2025
[7] The Constitution of India 1950, arts 25-26
[8] Regina v Dudley and Stephens (1884) 14 Q.B.D 273
[9] Young Lawyers Association v State of Kerala (2018) 9 SCR 561
[10] Navtej Singh Johar v Union of India (2018) 10 SCC 1
[11] National Legal Services Authority v Union of India (2014) 5 SCC 438
