“Customary morality cannot be a guide to modern life.”

 

1. Interpretation & Key Theme

  • Central idea:
    • Traditional moral norms—rooted in feudal, patriarchal, or religious customs—often lack applicability in addressing contemporary ethical dilemmas posed by globalization, technology, and evolving social values.
  • Underlying message:
    • Modern life requires ethical frameworks guided by rationality, universal human rights, and deliberative consensus, rather than unexamined customs that may perpetuate injustice.

Revision Tip:
Contrast customary morality (“what has always been done”) with normative ethics (what ought to be done) in a changing context.

2. IBC-Style Outline

Introduction

  • Hook: “Until recently, many in India considered child marriage ‘customary’ in some regions—yet modern ethics and constitutional law unequivocally condemn it as a violation of human rights.”
  • Definitions:
    • Customary morality: moral codes derived from long-standing traditions, often tied to caste, religion, or tribal law.
    • Modern life: characterized by urbanization, technology, individual rights, global interconnectedness, and rapid social change.
  • Thesis: “While customs once provided social cohesion, they can no longer serve as reliable ethical guides; modern life demands universal principles—equality, autonomy, and justice—grounded in rational deliberation and human rights.”

Body

  1. Limits of Customary Morality
    1. Arbitrary Norms & Injustice:
      • Sati (pre-1829): once deemed “pious custom,” abolished because it violated individual autonomy and dignity.
      • Untouchability: entrenched in caste custom, outlawed in 1950 (Art 17) yet persists informally—custom fails as moral compass.
    1. Contextual Obsolescence:
      • Bride price or dowry: customary practices that have mutated into dowry harassment—dehumanizing rather than preserving social order.
      • Feudal land laws (Zamindari): custom­­ary rights that impeded equitable land reform post-Independence.
    1. Dimension: Customs often perpetuate power imbalances and resist progress.
  2. Challenges of Modern Ethical Dilemmas
    1. Bioethics & Biotechnology:
      • Gene editing (CRISPR) raises novel questions—no custom advises on designer babies or germline modification.
      • Surrogacy regulations (2016 CLAA): adaptations required beyond customary kinship models.
    1. Technology & Privacy:
      • Social media algorithms and data-mining: no customary norm addresses digital privacy; need contemporary legal frameworks (DPDP Bill 2023).
    1. Global Citizenship & Multiculturalism:
      • Inter-faith marriages and LGBTQIA+ rights: challenge customs that restricted individual freedom and sexual orientation.
    1. Dimension: Modern situations demand flexible, principle-based ethics, not rigid customs.
  3. Emergence of Rational, Universal Principles
    1. Constitutional Morality (Kesavananda Bharati, 1973):
      • Supreme Court reasoned that constitutional values (justice, liberty, equality) override harmful customs.
    1. Human Rights Framework:
      • Universal Declaration of Human Rights (1948) as a moral baseline—applies beyond local customs.
    1. Deliberative Democracy:
      • Panchayat (Extension to Scheduled Areas) Act 1996: local self-governance infuses custom with democratic accountability—blending tradition with modern ethics.
    1. Dimension: Layering rational norms atop or in place of customs ensures ethical progress.
  4. Customs Adapted to Modernity, Not Blindly Followed
    1. Reformist Religious Movements:
      • Arya Samaj (19th cen.) reinterpreted Vedic customs in light of gender equality and rationalism.
      • Triple Talaq abolished (2019): Balancing Muslim personal law customs with constitutional morality and gender justice.
    1. Cultural Continuity & Change:
      • Navroz (Parsi New Year): retained cultural identity without discriminatory caste overtones—example of modernized custom.
      • Lok Adalats (People’s Courts): traditional dispute resolution infused with legal safeguards and human-rights orientation.
    1. Dimension: Evolving customs that harmonize tradition with contemporary values.
  5. Way Forward: Ethical Pluralism & Deliberation
    1. Dialogue Between Tradition & Modernity:
      • Bastar’s community assemblies (Ghotul system) incorporate tribal norms with youth education—blending custom and modern social ethics.
    1. Institutional Safeguards:
      • National Commission for Women and NHRC intervene when customary practices (child marriage, witch hunting) violate fundamental rights.
    1. Education & Critical Inquiry:
      • NEP 2020 mandates value education—nurturing critical thinking to question harmful customs.
    1. Dimension: Democratic deliberation and human-rights education can reshape customs rather than discard all tradition.

Conclusion

  • Summarize: “Custom in isolation cannot address the complex moral questions of modern life—ranging from digital ethics to gender justice—without rational scrutiny and human-rights lenses.”
  • Synthesis: “By upholding constitutional morality, universal human rights, and inclusive deliberation, we can refine or replace customs to serve justice and progress.”
  • Visionary Close: “The true path forward lies neither in unexamined tradition nor in rootless modernity, but in a thoughtful synthesis that honors heritage while embracing universal values.”

3. Core Dimensions & Examples

  • Historical Abrogation of Harmful Customs:
    • Sati (1829) outlawed by Lord William Bentinck under social-reform activism (Raja Rammohan Roy).
    • Untouchability abolished by Constitution (Art 17) and subject to the Protection of Civil Rights Act 1955—yet informal practice persists in rural India.
  • Modern Ethical Challenges:
    • Biotechnology Regulation Bill (2021 draft): grapples with gene editing, cloning—no customary guidance.
    • Digital Personal Data Protection Bill (DPDP 2023): responds to online privacy issues absent in tradition.
  • Custom-Adaptation Examples:
    • Triple Talaq (2019): Criminal Amendment Act superseding customary practice for gender justice.
    • Tulu Tribes’ Matrilineal System: Contemporary courts recognize matrilineal inheritance while adapting to statutory property rights.
  • Deliberative Platforms:
    • Lok Adalats: hybrid of customary dispute resolution and formal justice procedures—timely, low-cost justice aligned with modern legal norms.

4. Useful Quotes/Thinkers

  • B.R. Ambedkar: “Blind faith in custom is not faith in God but in man’s ignorance.”
  • Mahatma Gandhi: “I believe in equality for all men, but I don’t believe in counting their fingers or toes.” (Emphasizes underlying values, not superficial custom.)
  • Judith Butler: “Norms become customs that appear beyond question—only to be unmasked by critical reflection.”

5. Revision Tips

  • Contrast one abolished custom (Sati) with one continuing but contested custom (Triple Talaq) to illustrate evolving ethics.
  • Memorize Ambedkar’s critique of blind custom to anchor introduction.
  • Highlight the role of constitutional morality (Art 15–17) as a higher norm superseding customs.