Ethics: December 2023 UPSC Current Affairs | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly PDF Download

Case Study 1

Duty versus Morality

You are posted as an SDM in a division of district which is undergoing ethnic turbulence since sometime. There has been a substantial loss of lives and property due to the disturbance, following which you are given implicit orders by the ruling party of the area to move a certain section of population, belonging to a particular ethnic group, out of the area to control the situation. This order has put you in a difficult position as it goes against your own ethical values of targeting a section of population and moving them out of their homes. However, not following the orders will be taken as dereliction of duty and will put the onus on you for the loss of lives.
(A) In this situation, what are the options available to you?
(B) In your opinion, what can be the most appropriate course of action and why? (250 words)
Sol:

Approach

• Explain the given case and the ethical dilemma faced.
• Mention the options available with their merits and demerits.
• Mention a course of action with explanation.

The given case poses a challenge to choose between political orders of evicting a particular ethnic group against personal ethical values of targeting a section of population and moving them out of their homes. It highlights the ethical dilemma between duty ethics and social justice.

Options available

Option (2) appears to be the appropriate approach to handle the circumstance.

• It's crucial to recognize that evicting a specific group might be perceived as targeting a particular community by the local populace. Such an action could potentially incite others to engage in violent activities. Furthermore, the order might be politically motivated without a sound basis. Complying with such a directive not only undermines individual dignity but also contradicts the civil services' code of conduct.

Potential Courses of Action as the SDM of the district:

• Conduct an on-site investigation to ascertain the ground reality and keep the political leadership informed about the gravity of the situation.

Prioritize maintaining law and order. Ensure the safety and security of the people by:

• Increasing patrolling and deploying adequate forces.
• Adopting a zero-tolerance policy against perpetrators.
• Urge the political leaders to allow some time to address the situation and persuade them that forcibly evicting the group could exacerbate the conditions.

Utilize social influence and persuasion techniques.

• Engage in direct communication with community leaders, seeking assistance from locally influential individuals, grassroots workers, NGOs, etc., to dissuade people from engaging in ethnic conflicts.
• Adopt an approach centered on empathy and benevolence to engage and earn the trust of the affected community.

Subsequently, after stabilizing the situation, it's imperative to initiate long-term measures. Fostering harmony among different groups and exercising vigilant oversight to prevent any occurrences that might reignite conflicts should be a priority. Encouraging Panchayat leaders to persuade people and uphold social unity is crucial. Therefore, by garnering support from political leaders and maintaining law and order, potential loss of lives and property can be averted. This approach enables the fulfillment of administrative responsibilities without compromising social justice, thereby showcasing the impartial and objective stance of the administration.

Case Study 2

Pilgrimage Centre versus Women Right

You are a senior forest official who has recently been posted in a forest range which has a wildlife sanctuary and pilgrimage center of local hill tribes. The sanctuary is a famous trekking site, but is open only for males as the local tribal culture doesn’t permit the entry of women to the hill site housing their deity. Recently, the State High Court has lifted this unofficial ban on women following which there has been pressure from women's’ group to open the trekking site for all, while the local tribal group opposes the same. You fear that opening the site might lead to protest from tribals, compromising law and order situation and endanger the safety of trekkers to the site.

(A) What are the options open to you in this scenario? Discuss along with their merits and demerits?
(B) Which would be the most appropriate action that you would take in this situation and why?
Sol: The above case study reflects the following ethical dilemma:

• Community interest vs Gender parity.
• Freedom of religion vs Right to equality.

1. In this scenario the options that can be taken

Option 1: Ignore the High court order

Merit:

• Status quo will lead to stable law and order situation.
• Sanctity of religious sentiments of tribals can be maintained.

Demerit:

• It will lead to Contempt of court.
• It will endorse the patriarchal mindset, that activities like trekking are masculine exercise.

Option 2: Try to persuade the tribals by myself.

Merit:

• It will uphold Tribal's right to decide themselves about their choice of settlement.

Demerit:

• This option has very little chance to succeed, as the tribals are living with this religious narrative since ages.

Option 3: Implement the order, if tribals get violent, then the help of force should be taken

Merit:

• It will implement the court's order and upheld the principle of gender equality.

Demerit:

• It is against Teleological ethics as unethical means are used to lead to the desired end.
• By making Tribals submit to the judicial process which they did not consent to is a broader injustice.

The suggested course of action

• Given that this issue involves societal complexities, relying solely on legal measures is insufficient; it demands emotional intelligence.

Recommended steps include:

• Engaging civil society to facilitate initiatives aimed at fostering trust within the community.
• Educating tribal communities about the legal framework that guarantees gender equality.
• Ensuring readiness of the police and other forces to prevent any escalation of conflict.
• Seeking an extension for the implementation of the court's order to enable a more amicable resolution.

Nevertheless, altering patriarchal mindsets cannot be an immediate change. Hence:

• Involving select tribal leaders in a campaign strategy to raise awareness.
• This approach is likely to be more persuasive, as messages from community leaders carry greater credibility than those from district authorities.
• Educating tribals on the importance of gender equality.

Balancing community interests with individual freedom, while upholding the fundamental human right to dignity. This could be accomplished through a socio-political movement aimed at raising awareness against patriarchal practices, while respecting the sanctity of tribal culture.

Case study 3

Resident Welfare Association (RWA) vs Night Shelters For Labourers

You are the Station House Officer of a police station. Recently, there has been a spurt in theft incidents in your area. Some of these incidents have occurred even during daytime. The Resident Welfare Association (RWA) has blamed the labourers, residing in night shelters for the crimes. The night shelters are the result of an initiative by the police to help the homeless people to seek refuge from the biting cold at night. You have taken great pain to get these night-shelters up and running. The record of all those who stay in these night shelters, for instance, their names and identity proofs, is with the police. But the police has no information if any one of them has a criminal record. Even as an investigation regarding the thefts is going on, the RWA members are demanding that these night shelters be dismantled and the labourers be driven away from their homes.
(A) What are the options available to you?
(B) Evaluate each option and suggest the best course of action.

Sol:  As the Station House Officer overseeing a police station and responsible for a night shelter, the available courses of action are:

1. Remove the night shelters in response to the Residents Welfare Association's demands.
2. Persuade the members to delay action until investigation reports are available.
3. Increase security in the affected area to alleviate their concerns.
4. Summon all laborers and threaten eviction unless they provide information regarding the thefts.
5. Disregard the demands and continue the investigation.
6. In the long term, seek collaboration with the welfare association to bolster the area's security and propose the installation of CCTV cameras by the local urban development office or municipality.

Option (i) might offer immediate relief but could result in injustice to displaced individuals in the absence of conclusive evidence. Punishing an entire community for the actions of a few, even if some shelter inmates are found involved later, is unfair.
Option (ii) is desirable and lawful, though challenging to implement due to opposition.
Option (iii) isn't legally permissible unless linked to the involvement of some laborers in recent thefts. Any threats should only apply to primary suspects and remain limited to the investigation.
Option (iv) may have legal validity but goes against the moral responsibilities of a Station House Officer. Addressing the genuine concerns of residents is important to maintain the police's credibility.
Option (v) is more applicable once the case is resolved in the long run.

Given the lack of conclusive evidence against the laborers, no legal action can be taken. Immediate action involves starting an investigation while resorting to option (ii)—engaging with association members and providing added security. Once the case is resolved, implementing long-term measures is advised.

Questions

(1) “In doing a good thing, everything is permitted which is not prohibited expressly or by clear implication.” Examine the statement with suitable examples in the context of a public servant discharging his/her duties.
Ans: Things that are not expressly forbidden by law or by clear implication are allowed in public administration. If the action promotes good and is not proscribed by any law or is not covered potentially by possible implication of conflict of interest, then it is permitted.

• For public servants discharging their duties, the above statement provides a code of conduct for carrying out their responsibilities. ‘Everything which is not forbidden is allowed’ is also a constitutional principle of English law defining the essential freedom of citizens.
• The conduct of a civil servant should be free of bias and prejudice. The overriding motive should be ‘public interest’ and conflict of interest should be avoided. As such, doing a good thing is allowed if there is no law against it and if there is no potential or perceived conflict of interest
• For example, a public servant such as a District Magistrate endowed with the spirit of service may arrange for refreshment of senior citizens visiting the office for various services. Such a good gesture is not forbidden by law and does not appear to be influenced by any prejudice. Similarly, treating flood-affected victims with more kindness, empathy and understanding and going out of one’s way to help them as long as it does not violate any law is another case of an act within the ambit of the spirit of the statement.

(2) Explain the basic principles of citizens charter movement and bring out its importance.
Ans: Citizen’s Charter is a document of voluntary commitments made by a government organization to the citizens/client groups in respect of the services/schemes being provided to them or to be provided to them.

• The main objective of Citizen’s Charter is to improve the quality of public services. The aim of the exercise is to build bridges between citizens and administration and to streamline administration in tune with the needs of citizens. This is done by letting people know the mandate of the concerned Ministry/ Department/Organisation, how one can get in touch with its officials, what to expect by way of services and how to seek a remedy if something goes wrong.

Principles of Citizen Charter

• Quality: improving the quality of services
• Choice: for the users wherever possible
• Standards: specifying what to expect within a time frame
• Value: for taxpayers money
• Accountability: of the service provider (individual as well as organisation)
• Transparency: in rules, procedures, schemes and grievance redressal
• Participative: consult and involve

Importance

• It is helpful in making administration more transparent and accountable.
• It is citizen-centric in nature and makes the administration more citizen friendly.
• It promotes good governance
• It improves service delivery to the citizens.
• It provides a pathway for grievance redressal.

A Citizen Charter cannot be an end in itself, it is rather a means to an end- a tool to ensure that citizens always remain at the heart of any service delivery model.