Tanishka Goswami, Class XI C
In simple words, morality constitutes the principles concerning the distinction between right and wrong intentions, behaviours, decisions and actions. Morality is undoubtedly necessary for the sustenance of a peaceful society. But can the laws of the land be based on morality alone?
Please note that an action which is moral in one society, may be considered immoral in another society. For instance, divorce is considered morally acceptable in the US but not in our homeland.
‘Because every law springs from a system of values and beliefs, every law is an instance of legislating Morality’. Thus, law and morality are intimately connected. Both regulate the conduct of an individual in a society. It is the duty of the state to formulate laws which elevate and promote the moral standard of the people. In ancient India, the term ‘Dharma’ represented both morality as well as law.
But, there exists a major difference between law and morality – ‘Laws regulate external human conduct whereas morality mainly regulates internal conduct or conscience.’
That brings us to the striking question – Should law be based on morality?
There can be two views on this. If we consider certain issues such as laws for women in Saudi Arabia: women cannot drive, cannot move freely without a male companion and so on. They are immoral but legal. Considering these laws, we could argue that laws need to be based on morals.
But let us look at another aspect where something that might be argued as morally appropriate cannot be given a legal basis. Consider the ‘Panama Papers’ case. No doubt, the hacking of information for the purpose of the expose was righteous. But that doesn’t mean hacking be made legal. If it is, I believe a day would come when there would be no secrets left! Crimes would soar with people committing various crimes and justifying them as ethical.
Similarly, abortion is an immoral act. If a law based on this moral perspective, declares it illegal, that cannot be an assurance of abolition of this act. Some of the lowest abortion rates are in places where abortion is legal!
Thus, morality can be the ideal in whose light laws need to be developed. The law on the other hand gives the most morally optimal results that can be achieved. Morality can and should influence laws. But, very essentially, morality should not act as a substitute for laws.
