Ethics, Integrity & Aptitude - 3 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Assisted Suicide and Euthanasia

Why in news:

• Jean-Luc Godard, a renowned figure of the French New Wave film movement, passed away at the age of 91 through assisted suicide.

What is Assisted Suicide?

About:

• Assisted suicide is an act in which a person intentionally ends their life with the help of others. It is also known as euthanasia.
• It is allowed in several European countries, some states in Australia, and Colombia in South America under certain circumstances.

Types of Assisted Suicide

• Active:
  • Active euthanasia is legal in only a few countries. It involves the use of substances to end the life of the patient.
• Passive:
  • Passive euthanasia involves simply stopping lifesaving treatment or medical intervention with the consent of the patient or a family member or a close friend representing the patient.

Arguments for and against Assisted Suicide

Arguments for:

• Freedom of Choice:
  • Advocates argue that every person should be able to make their own choice.
• Quality of Life:
  • Only the individual really knows how they feel, and how the physical and emotional pain of illness and prolonged death impacts their quality of life.
• Dignity:
  • Every individual should be able to die with dignity.
• Resources:
  • It makes more sense to channel the resources of highly skilled staff, equipment, hospital beds, and medications toward lifesaving treatments for those who wish to live, rather than those who do not.
• Humane:
  • It is more humane to allow a person with intractable suffering to choose to end that suffering.
• Loved Ones:
  • Assisted suicide can help to shorten the grief and suffering of loved ones.

Arguments Against:

• Moral and Religious Arguments:
  • Several faiths see euthanasia as a form of murder and morally unacceptable.
  • Suicide is “illegal” in some religions.
  • Morally, there is an argument that euthanasia will weaken society’s respect for the sanctity of life.
• Patient Competence:
  • Euthanasia is only voluntary if the patient is mentally competent, with a lucid understanding of available options and consequences, and the ability to express that understanding and their wish to terminate their own life.
  • Determining or defining competence is not straightforward.
• Guilt:
  • Patients may feel they are a burden on resources and are psychologically pressured into consenting.
  • They may feel that the financial, emotional, and mental burden on their family is too great.
• Slippery slope:
  • There is a risk that physician-assisted suicide will start with those who are terminally ill and wish to die because of intractable suffering, but then begin to include other individuals.

Regulation:

• Euthanasia cannot be properly regulated.

India's stance on Assisted Suicide and Euthanasia

Landmark Judgment: In 2018, the Supreme Court of India legalized passive euthanasia under certain conditions, stating that it was a matter of "living will".

Conditions for Passive Euthanasia: An adult who is conscious and in a sound mind can refuse medical treatment or choose not to take medical treatment to accept death in a natural way.

Guidelines for "Living Will": The court laid down a set of guidelines for terminally ill patients who know about their chances of slipping into a permanent vegetative state to create a "living will."

Right to Life and Liberty: The rights of a patient in such cases would not fall outside the purview of Article 21 (right to life and liberty) of the Indian Constitution.

Aruna Shanbaug Case: The court's verdict was in line with its decision in the 2011 Aruna Shanbaug case, where passive euthanasia was allowed for the nurse who had been in a vegetative state for decades.

Inconsistencies: However, in 2014, another bench of the Supreme Court cited inconsistencies in earlier judgments on passive euthanasia, including the Shanbaug case, and referred the matter to a Constitution bench.

Gita: The Art of Selfless Living and Dying

Why in news:

• Gandhi's love for the Bhagwat Gita influenced his steadfast adherence to high principles throughout his life and even in death. He serves as an exemplary model for us to emulate.

About Mahatma Gandhi

• Mohandas Karamchand Gandhi, also known as ‘Father of the Nation’, was a prominent leader of India’s independence movement against British rule.
• He was conferred with the title of Mahatma, meaning great soul, in recognition of his moral authority and leadership.
• Apart from fighting for independence, Gandhi dedicated his life to other causes like poverty alleviation, women’s rights, and the eradication of the practice of untouchability.
• He was the pioneer of the philosophy of nonviolence, also known as satyagraha, which has inspired civil rights leaders across the world.
• Gandhi’s birthday, 2nd October, is celebrated in India as Gandhi Jayanti and is also recognized as the International Day of Non-Violence.

Introduction to Importance of Bhagwat Gita in Gandhi's Life:

• Bhagwat Gita's teachings had a significant impact on Mahatma Gandhi's life and philosophy.
• Gandhi considered Gita as a "Gospel of Selfless Action."

The Process of Self-Realization:

• Gita teaches that the only desire worth pursuing is to realize that we are the soul and to attain eternal bliss.
• Self-realization involves understanding that we are the soul and not the body and mind, and that our karma is responsible for the cycle of life and death.

Role of Action:

• Gita recognizes that for the world to continue running, action is necessary.
• The central message in Gita is to renounce the fruits of one's actions.
• Renunciation does not mean indifference to results but performing duty with cheerfulness and thoroughness while remaining desireless of the fruit of the action.

Ahimsa and Truth:

• Gandhi believed that following Gita's central teaching leads to following Ahimsa and Truth.
• Ahimsa is the state of not harming any living beings in thoughts, words, and actions.
• It extends to all living organisms and includes consuming vegetarian food, a sustainable lifestyle, and protecting the environment.
• Untruth and himsa stem from desires fuelled by ego.

Serving God through the Service of Mankind:

• Gita teaches that mankind should serve God by serving one another.
• Gandhi adhered to this message and dedicated his life to the freedom and betterment of the lives of the people of India.
• Soul's natural progress is towards selflessness and purity.
• To acquire the qualities and nature of God, one needs to live a life free of attachment and aversion, ready to love and forgive all.

Conclusion:

• Gita's teachings played a crucial role in shaping Gandhi's philosophy.
• Gandhi's life and works demonstrate the practical application of Gita's teachings in one's life.

Ethical Values from the Life of Lal Bahadur Shastri

Why in news:

• On the 2nd of October, India commemorates the 118th birth anniversary of Lal Bahadur Shastri, who served as the second Prime Minister of the nation.

Learning from Lal Bahadur Shastri's Life

Against Caste System:

• Lal Bahadur Shrivastava dropped his surname to show his opposition to the caste system.
• The title "Shastri" was given to him after he graduated from Kashi Vidyapeeth, Varanasi in 1925.
• The title refers to a "scholar" or a person adept in holy scriptures, which shows his broad outlook at a young age.

Taking Responsibilities during Adverse Times:

• Shastri was a responsible public figure who always took the country's responsibilities on his shoulders.
• He resigned as the Railway Minister after a train accident in Ariyalur, Tamil Nadu in 1956.
• He demonstrated qualities of a true leader during adverse situations.

Inseparable Public and Private Life:

• During the 1965 war with Pakistan, Shastri announced to his family that they would all give up their evening meal to help alleviate the food shortage in the country.
• He exhibited moral values in his personal life, as seen when he had his son's unauthorized use of an official car investigated and the money was deposited into the government account.

Relevance of Shastri's Values Today:

• Shastri's values of simplicity, humility, humanism, austerity, hard work, dedication, and nationalism are still relevant today.
• His maiden Independence Day speech in 1964 emphasized character and moral strength, which has special significance in today's society as we witness a degeneration of values.
• People can learn from Shastri's life to improve their own values and conduct themselves with moral and ethical principles.

Case Study - 1: Ramesh and the Right to be Forgotten

The case study involves Ramesh, a former theatre artist who was falsely accused of rape and later acquitted of all charges. Many years later, he discovers that an old news report about the incident still appears in online search results. Ramesh requests that the search engine and media outlet remove the results, citing the European Court of Justice's decision allowing individuals to submit such requests.

The issues at play in this case study include the right to privacy, the responsibility of internet search engines to present unbiased information, and the fear of being stigmatized based on past events. The following arguments can be made for making the Right to be Forgotten a fundamental right:

The right to a life with dignity of an individual who has been absolved of all charges in the past.

The responsibility of internet search engines to present unbiased information while not infringing on the right to privacy of an individual.

The fear of being dragged into one's past on disclosure of facts through the internet and the right to be forgotten.

However, it is important to consider the limitations of this right. Records of settled cases must remain in the public domain for legal recording and administrative purposes. People can access this information through the Right to Information Act. While the internet cannot be barred from providing information, in settled cases, search engines can add information about the resolution of the case along with related data so that anyone who surfs for the information must have the full context.

Additionally, infringement of fundamental rights can occur through actions by individuals or the state, but not through stereotyping, hatred, or bias. Ramesh can apply to the government for making changes with respect to page authors or search engines in his private capacity.

Case Study - 2: Personal relation v/s Public duty

You are the Commissioner of the Municipal Corporation in a city that has experienced heavy rainfall in recent days. A housing society's boundary wall collapsed at midnight, resulting in the deaths of 12 workers, including two children, who were sleeping next to the wall. Upon investigation, you discover that the previous Municipal Commissioner, who is a close friend of yours, granted permission to construct the wall despite inappropriate soil conditions. Additionally, there were irregularities in the construction material, and other officials in your department are attempting to manipulate you. There appears to be a connection between the municipal department's officials and the builder. However, the builder is a close relative of one of the most powerful leaders of the ruling party and is attempting to threaten you.

A: What ethical issues arise in this situation, and what options are available to you to address them?
B: What actions do you propose to take in response to this scenario?

Case and Facts
(i) Wall collapse led to the loss of human lives.
(ii) Construction material quality was poor.
(iii) Previous Municipal Commissioner is a close friend.
(iv) Pressure from colleagues and political party in power.

Stakeholders Involved

(i) Victims
(ii) Previous Municipal Commissioner
(iii) Colleagues
(iv) Self
(v) Builder

Issues Involved
(i) Neglect of human dignity and disregard for poor lives.
(ii) Personal vs. professional relations with close friend.
(iii) Political pressure vs. duty to take action.

Options Available
(i) Initiate disciplinary and criminal proceedings against wrongdoers.
(ii) Allow matter to calm down and let police investigate.

Course of Action

1. Immediate Actions:
(i) Providing immediate medical support and compensation to the victims should be the utmost priority.

2. Analysis of Evidence:
(i) Analysing the evidence of corruption.
(ii) Cross-checking and verifying the evidence to avoid false or mistaken allegations.

3. Standard Operating Procedures:
(i) Following the Standard Operating Procedures (SOP) of disciplinary action.
(ii) Reporting to the concerned higher authority.

4. Dissociation:
(i) Dissociating self from the investigation as friendship with previous Commissioner might influence the proceedings and create a conflict of interest.
(ii) This would help avoid conflict of interest and ensure integrity, transparency and good governance.

5. Legal Action:
(i) Initiating legal proceedings against the builder along with corrupt members of the department.
(ii) Not letting the political pressure affect the following SOPs.

6. Reform Administration:
(i) Taking long-term steps to reform the administration to avoid such instances in the future.
(ii) Ensuring accountability and transparency in future construction contracts.
(iii) Encouraging social audits for effective governance.

Conclusion:

When making decisions in such cases, personal relationships with colleagues should not be a factor. The Municipal Commissioner should prioritize honesty and integrity, and demonstrate strength and leadership. The situation calls for ethical impartiality, similar to Max Weber's principles, where personal relationships are put aside and civil service values are upheld.

The value of human life is more important than maintaining friendships or pursuing bureaucratic gains. As John Rawls stated in his theory of Justice, "Rights that are protected by justice are not up for negotiation or influenced by social interests." Therefore, the Municipal Commissioner must prioritize social justice as their main responsibility.

Case Study - 3: Corruption nexus versus Call of duty

As a District Magistrate of a flood-prone district, you have been assigned the task of overseeing the construction of embankments in a low lying area of the river bed using a budget of 40 crore rupees allocated by the flood control department. However, the project has been delayed due to alleged corruption and mismanagement by a nexus of politicians and contractors, leading to the submergence of many villages during monsoon season. This has left thousands of people trapped, with a shortage of food, drinking water and the risk of an epidemic outbreak.

Despite severe pressure from political heads to cover up the corruption issue, as a District Magistrate, you need to take appropriate action to manage the situation and ensure the safety and well-being of the affected people.

(A) As a District Magistrate, what will be your course of action to manage the situation in the district?
(B) Identify the various dimensions of the crisis involved in the issue. Based on your understanding, suggest measures to deal with the crisis.

Ethical Dimensions:

(i) Denial of justice: Loss of homes and livelihood due to floods devastates lives of people, with no monetary compensation sufficient to ease their sorrow.
(ii) Lack of compassion and respect for human lives: Monetary gain and profit motives can lead to risking millions of lives by indulging in corruption.
(iii) Loss of faith in leaders: People elect leaders as their voice to address their grievances, but the nexus between representatives and contractors leave people helpless.

Legal Dimensions:
(i) Corruption: Political leaders putting pressure on the District Magistrate or facing allegations of corruption is a dereliction of duty.
(ii) Governance failure: The government's failure to take timely measures to prevent a disaster in a flood-prone area and civil society's failure to act despite knowing about project delays, rule violations, and fund misuse.
(iii) Politicization of bureaucracy: Political pressure on the District Magistrate to cover up issues reveals a quid pro quo culture in the country's governance system.

Measures to Deal with the Crisis:

(i) Show spirit of service and conviction: The District Magistrate must work tirelessly for people's rescue and rehabilitation and ensure strict action against culprits.
(ii) Ensure legal justice: Hold guilty parties accountable by facing trial in court, including contractors and politicians.
(iii) Take confidence-building measures: Initiate special schemes for creating livelihood opportunities and educating flood-affected children to regain trust in the government.

(iv) Implement long-term flood prevention, mitigation, and adaptation measures: Build embankments and flood-resistant structures based on scientific analysis.

(v) Raise awareness among local people: Educate them about their rights and duty to ensure good governance, and promote citizen-centric governance as recommended by the 2nd ARC report. Make social audits mandatory for such projects.