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Case Study: Human Rights | UPSC Mains: Ethics, Integrity & Aptitude PDF Download

Q:  You are the Managing Director of Metro Rail Corporation (MRC) of a metropolitan city and you have received orders and funding for construction of the metro track and a parking space in a densely forested area of the city with houses of few underprivileged families as well in it.
For the construction, the forest has to be cleared and the families have to be moved to some other place. The locals have started a protest after knowing about the order. They are highly raged about cutting down thousands of trees and the affected families have also joined them because the forest holds emotional value for them.
On the other hand, the minister who directly controls the MRC is pressuring you to start the felling process as soon as possible. You know that going against his orders will have serious repercussions.
(a) What are the ethical issues involved and the options available to you in such a situation?
(b) Also, suggest a course of action you would like to follow. (250 words)
Ans: 
Primary Responsibility: As the Managing Director of the Metro Rail Corporation, my primary responsibility is to ensure the project's sustainability while upholding constitutional and ethical obligations toward the environment and the underprivileged.
Gandhian Philosophy: In line with Gandhian principles, public servants act as trustees of natural resources, ensuring that the development process is inclusive, considers everyone's voice, and does not compromise future development needs.

Stakeholders Involved

  • Government
  • Underprivileged people living in the forest area
  • Members of Civil Society protesting against environmental damage
  • Metro Rail Corporation
  • Future commuters

The ethical issues involved

  • Development vs. Environment: With the rising urban population, infrastructural development is crucial to meet increasing demands; however, environmental protection is indispensable for sustaining life and must not be overlooked under any circumstances.
  • Rights of the Underprivileged: Development should not come at the expense of marginalized communities, and their rights must be protected at all costs. Displacing people from their homes is unjust and unacceptable.

The various options available are

  • Starting the Felling of Trees and Eviction Process: This option adheres to administrative orders but violates universal ethical principles by exploiting nature and infringing on the legal rights of the underprivileged.
  • Stopping the Felling of Trees and Eviction Orders: While this action aligns with environmental protection and ethical responsibilities toward marginalized communities, it risks punitive consequences for failing to comply with official orders, especially given the minister's involvement.
  • Forming a Committee to Resolve the Issue: This approach allows for inclusive decision-making by incorporating the perspectives of all stakeholders, leading to a peaceful resolution and a more equitable development process.
  • Ensuring Project Sustainability: It is crucial to balance development with environmental protection and safeguard the rights of the marginalized to achieve sustainable outcomes.
    • Two-Way Communication: Establish open communication between protestors and authorities, giving both parties an opportunity to present their perspectives.
    • Rehabilitation Plan: Implement a comprehensive plan to rehabilitate evicted individuals, addressing their livelihood, compensation, and rights. The CSR Fund can be utilized to support this effort.
    • Project Redesign: Reevaluate the project design to minimize environmental damage. Create a pooled fund, allocating a percentage of project revenue for environmental restoration.
    • Afforestation Initiative: Encourage protestors to collaborate with local authorities to establish a larger green area in the city. Utilize the Compensatory Afforestation Fund (CAMPA) for afforestation efforts.
  • Independent Committee: Form an independent body comprising civil society members, environmental experts, design engineers, and government representatives to resolve the issue swiftly, minimizing political and public pressure.
  • Balancing Development and Environment: While development is essential in a dynamic world, environmental protection, as mandated by the Directive Principles of State Policy, is a state responsibility. Striking a balance between the two is vital for peaceful coexistence.
The document Case Study: Human Rights | UPSC Mains: Ethics, Integrity & Aptitude is a part of the UPSC Course UPSC Mains: Ethics, Integrity & Aptitude.
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FAQs on Case Study: Human Rights - UPSC Mains: Ethics, Integrity & Aptitude

1. What are the fundamental human rights recognized by international law?
Ans. The fundamental human rights recognized by international law include the right to life, liberty, and security of person; the right to freedom from torture and degrading treatment; the right to freedom of thought, conscience, and religion; the right to freedom of expression; the right to a fair trial; and the right to privacy, among others. These rights are enshrined in documents such as the Universal Declaration of Human Rights (UDHR) and various international treaties.
2. How does the Indian Constitution protect human rights?
Ans. The Indian Constitution protects human rights through its Fundamental Rights enshrined in Part III. These rights include the right to equality, the right to freedom of speech and expression, the right to protection against discrimination, and the right to constitutional remedies. Additionally, the Constitution provides for the protection of minority rights and social justice, promoting the overall dignity of individuals.
3. What role do NGOs play in promoting human rights?
Ans. NGOs play a crucial role in promoting human rights by raising awareness, providing legal assistance, and advocating for policy changes. They monitor human rights violations, document cases, and bring them to the attention of authorities and the public. NGOs also provide support to victims of human rights abuses and work towards empowering marginalized communities.
4. What are some contemporary challenges to human rights globally?
Ans. Contemporary challenges to human rights globally include authoritarian governance, restrictions on freedom of expression, discrimination based on race, gender, or sexual orientation, and the impact of armed conflicts and terrorism. The rise of technology has also led to concerns regarding privacy rights and surveillance, while climate change poses threats to the rights of vulnerable populations.
5. How can individuals contribute to the promotion of human rights?
Ans. Individuals can contribute to the promotion of human rights by educating themselves and others about human rights issues, volunteering with organizations that advocate for rights, participating in peaceful demonstrations, and using social media to raise awareness. Additionally, individuals can support policies that protect human rights and hold governments accountable for violations.
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