Ethics: July 2024 UPSC Current Affairs | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly PDF Download

NHRC Notice to Odisha Govt Over Custodial Death

Why in News?

Recently, the National Human Rights Commission (NHRC) issued a notice to the Odisha government, requiring an explanation as to why the Commission should not recommend a payment of monetary compensation to the next of kin of a person, who allegedly died in police custody.

What is Custodial Death?

• Custodial death refers to a death that occurs while a person is in the custody of law enforcement officials or a correctional facility. It can occur due to various causes such as the use of excessive force, neglect, or abuse by the authorities.
• According to the Law Commission of India, the violence committed by a public servant against the arrested or the detained person who is in custody amounts to custodial violence.

Judicial Pronouncements on Custodial Death:

• Kishore Singh Vs. State of Rajasthan (1981): The Supreme Court held that the use of third degree by the police is violative of Article 21 of the Constitution of India. 
• Nilabati Behera vs. State of Orissa (1993): The Supreme Court held that the state is liable to pay compensation for custodial deaths resulting from police negligence or brutality, recognizing the state's responsibility for protecting the right to life.
• Joginder Kumar v. State of Uttar Pradesh (1994): The Supreme Court dealt with violation of human rights because of indiscriminate arrests. They referred to the recommendations made in the Third Report of the National Police Commission that police should avoid arrest provided only in heinous offence.
• D.K. Basu vs. State of West Bengal (1997): The Supreme Court laid down specific guidelines to prevent custodial torture and deaths, including requirements for arrest memos, the right to medical examination, and access to legal counsel.

What are the Ethical Concerns Associated with Custodial Deaths?

• Violates Human Rights and Dignity: Every person possesses inherent dignity and deserves to be treated with respect and fairness. Custodial violence violates this fundamental principle by inflicting physical and psychological harm, stripping individuals of their dignity, and denying them basic human rights.
• Undermines Rule of Law: It undermines the core principles of the rule of law and due process. Law enforcement officers are tasked with upholding and enforcing the law, yet engaging in violence directly contradicts the fundamental principles of justice, equality, and the safeguarding of human rights.
• Presumption of Guilt: It undermines the foundational principle of "innocent until proven guilty". Subjecting individuals to torture before they have been convicted of a crime violates their fundamental rights to a fair trial and due process.
• Opposing Professionalism and Integrity: Police officers and authorities are expected to maintain high ethical standards, which include professionalism, integrity, and a commitment to respecting human rights. Custodial violence breaches these ethical principles and stains the reputation of the profession overall.

What Measures can be Taken to Prevent Custodial Torture?

• Strengthening Legal Systems: Strengthen laws against torture and ensure that they are strictly enforced.
• Ensuring prompt and impartial investigations into allegations of custodial torture.
• Holding perpetrators accountable through fair and expeditious trials.
• Police Reforms and Sensitisation: Improving police training programs to uphold human rights and dignity. Oversight mechanisms to effectively monitor and address cases of custodial torture.
• Promoting a culture of accountability, professionalism, and empathy within law enforcement agencies.
• For example, in the Prakash Singh Case 2006, the Supreme Court issued seven directives to drive police reforms in India, acknowledging widespread issues such as politicization, lack of accountability, and systemic weaknesses impacting overall police performance.
• Empowering Civil Society and Human Rights Organisations: Promoting active advocacy by civil society organizations for victims of custodial torture.
• The National Human Rights Commission (NHRC) should be allowed to inquire into any matter even after one year from the date of the alleged human rights violation.
• Providing support and legal aid to victims and their families.
• Collaborating with international human rights bodies and organisations to seek redress and justice.

Ethics Case Studies

Q1: You are District magistrate of a district. There is an ancient temple in your district, where only men are allowed to visit. This tradition has been continuing since ancient time. However, recently, various women organizations and social activists have demanded to allow the entry of women in the temple. But, this demand is being severely opposed by elder male members of the district, as well as nearby districts. 
The women groups have decided to lead a campaign to enter the temple on next Sunday. However, there are threats to this campaign from various quarters of the society.
(a) What are the various ethical issues involved in the case?
(b) What will you do as District Magistrate, to control the situation?
Ans:
(a) Ethical Issues Involved in the Case

• Gender Equality: The tradition of barring women from entering the temple raises significant issues of gender discrimination and inequality, violating principles of equal rights and non-discrimination.
• Cultural Sensitivity: Balancing respect for long-standing cultural and religious practices with the need for social progress and equality.
• Right to Worship: Ensuring the fundamental right of individuals to access places of worship irrespective of their gender.
• Public Order and Safety: Addressing the potential for conflict and ensuring the safety and security of all parties involved in the situation.
• Social Harmony: Maintaining peace and harmony in the community, preventing any actions that might lead to social unrest or division.
• Rule of Law: Upholding the law, including any legal precedents or constitutional mandates regarding discrimination and equality.

(b) Steps as District Magistrate to Control the Situation

• Dialogue and Mediation: Initiate a dialogue between the women's organizations, social activists, and the elder male members of the community. Facilitate discussions to understand the perspectives and concerns of both sides. Seek the involvement of religious leaders and scholars to find a middle ground that respects both tradition and gender equality.
• Legal Framework: Review the legal framework and any relevant court rulings regarding entry to places of worship. Ensure that actions taken are in compliance with the law and constitutional provisions on equality and non-discrimination. If necessary, seek legal advice or intervention from higher authorities or courts to clarify the legal position.
• Security Measures: Ensure adequate security arrangements on the day of the campaign to prevent any potential violence or conflict. Deploy police forces to maintain law and order and protect the rights of all individuals involved. Set up clear communication channels between law enforcement and both groups to prevent misunderstandings and escalation of tensions.
• Awareness and Education: Launch awareness campaigns to educate the public about the principles of gender equality and the importance of respecting fundamental rights. Highlight successful examples where similar issues have been resolved peacefully. Encourage open community forums and discussions to foster understanding and gradual acceptance of progressive changes.
• Monitoring and Evaluation: Monitor the situation closely and be prepared to make real-time decisions to prevent any untoward incidents. Ensure continuous communication with all stakeholders to address any emerging issues promptly. Evaluate the outcomes of the interventions and make necessary adjustments to policies or approaches to better handle similar situations in the future.

By taking these steps, the District Magistrate can aim to address the ethical issues involved, uphold the law, maintain public order, and promote a more inclusive and equitable society.

Q2: An officer of middle level marketing and sales management of a public sector oil company receives frequent complaint about adulteration of diesel and petrol by some retailers of the area under his jurisdiction, despite his warnings in the past against such wrongdoing. Subsequently one day, he goes for an inspection of one such retailer who is known for his political connections as well as local bullies. While trying to carry out his official duty, he was first prevented from entering into the premises of the retailer and when he insisted he was allowed to enter. He was offered bribe for not carrying out his duty but he declined .Undeterred, he insisted that as the marketing officer he should be allowed to carry out his duties in the interest of the government firm which he represents. The musclemen of the retailer started abusing and roughing him up when he tried to inspect the facilities to ascertain adulteration. A brawl ensued. He was badly beaten up and fatally wounded. He lost his life while being taken to hospital.
In context of above situation, answers the following questions:
(a) Despite his noble intention and dutifulness of the highest order, do you think that the officer handled the case immaturely?
(b) Had you been in his place, how would have you proceeded to carry out your duty?
(c) What could be the solution for such problems of adulteration on long term basis?
Ans: 

(a) Evaluation of the Officer's Handling of the Situation

• The officer displayed commendable integrity and dedication to his duties by refusing the bribe and attempting to carry out his inspection despite the risks.
• However, given the known political connections and the presence of local bullies, it can be argued that the officer handled the situation immaturely by not adequately assessing the potential dangers and failing to take appropriate precautionary measures. He underestimated the severity of the threat and the possibility of violence, which ultimately led to his tragic demise.

(b) Alternative Approach

Had I been in his place, I would have taken the following steps to carry out my duty while ensuring my safety and upholding the law:

Pre-inspection Preparation: 

• Notify Higher Authorities: Inform my superiors about the complaints and the intention to inspect the retailer, seeking their guidance and support.
• Legal Backing: Ensure I have all necessary legal documentation and authority to carry out the inspection to counter any resistance.

Coordination with Law Enforcement: 

• Police Escort: Request a police escort to accompany me during the inspection to provide security and deter any potential threats or violence.
• Coordinate with Local Administration: Engage with the local administration to ensure that they are aware of the inspection and can provide additional support if necessary.

Inspection Procedure: 

• Team Approach: Take a team of inspectors along with me to ensure that the inspection is thorough and witnesses are present.
• Clear Communication: Communicate clearly with the retailer about the legal obligations and consequences of obstructing the inspection.

Safety Measures:

• Personal Safety: Prioritize personal safety and that of my team, avoiding confrontational situations and retreating if the situation escalates beyond control.
• Report Incidents: Document any resistance or threats faced during the inspection and report them to higher authorities and law enforcement.

(c) Long-term Solutions for Adulteration Issues

To address the issue of adulteration on a long-term basis, the following measures can be implemented:

Strict Regulatory Framework: 

• Stricter Penalties: Enforce stricter penalties and legal consequences for retailers found guilty of adulteration to deter such practices.
• Regular Inspections: Increase the frequency and randomness of inspections to ensure compliance and reduce opportunities for adulteration.

Technological Advancements:

• Tracking Systems: Implement advanced tracking systems for fuel distribution to monitor the supply chain and detect anomalies that might indicate adulteration.
• Quality Testing Kits: Provide inspectors with portable quality testing kits to facilitate on-the-spot testing and immediate identification of adulterated fuel.

Awareness and Training:

• Retailer Education: Conduct awareness programs and training sessions for retailers to educate them about the legal, financial, and reputational risks of adulteration.
• Consumer Awareness: Launch public awareness campaigns to educate consumers about the signs of adulterated fuel and encourage them to report suspicious activities.

Whistleblower Protection:

• Anonymous Reporting: Establish a secure and anonymous reporting system for employees and consumers to report cases of adulteration without fear of retaliation.
• Incentives: Provide incentives for whistleblowers who provide credible information leading to the detection and prosecution of adulteration cases.

Collaboration with Stakeholders:

• Industry Collaboration: Foster collaboration between the government, oil companies, and industry associations to develop best practices and share information on combating adulteration.
• Community Involvement: Engage with local communities to build trust and encourage their participation in monitoring and reporting adulteration practices.

By adopting a comprehensive and multi-faceted approach, it is possible to significantly reduce the incidence of adulteration and ensure the integrity of fuel quality in the long term.

Q3: You are district commissioner of a Hilly district of the country. One day you got an advisory from the State disaster Management Authority (SDMA) regarding the prediction of heavy rain falls in the coming weeks. As per the advisory note you have 7 days in hand to prepare for the coming crises. Along with the note, SDMA directs you to furnish the disaster preparedness of the district and specialization required thereof.  
(a) Discuss the ethical perspective involved in this case?
(b) Explain your course of action regarding the upper mentioned case?
Ans: 
(a) Ethical Perspective Involved in the Case

Duty of Care: As the District Commissioner, there is an ethical obligation to ensure the safety and well-being of all residents in the district. This includes taking proactive measures to mitigate the impact of the predicted heavy rainfall and potential disasters.

Transparency and Communication: Ethical responsibility to provide clear, accurate, and timely information to the public about the risks and the steps being taken to address them. This helps build trust and ensures community cooperation.

Equity and Fairness: Ensuring that disaster preparedness and response efforts are inclusive and equitable, prioritizing vulnerable populations such as the elderly, disabled, and economically disadvantaged who may be disproportionately affected.

Accountability: Being accountable for the preparedness measures taken and the resources allocated, ensuring that all actions are transparent and justifiable.

Collaboration and Coordination: Ethically imperative to collaborate with various stakeholders, including government agencies, NGOs, and community organizations, to create a comprehensive and effective disaster response plan.

(b) Course of Action

Immediate Assessment:

• Conduct an immediate assessment of the district's current disaster preparedness status.
• Identify high-risk areas prone to flooding, landslides, and other potential hazards.

Establish a Disaster Management Task Force:

• Form a task force comprising representatives from relevant departments (police, fire, health, public works, etc.), local NGOs, and community leaders.
• Assign specific roles and responsibilities to ensure coordinated efforts.

Resource Mobilization:

• Ensure the availability and readiness of emergency supplies, including food, water, medical supplies, and temporary shelters.
• Arrange for additional resources such as sandbags, water pumps, and rescue equipment.

Community Awareness and Training:

• Launch a public awareness campaign to inform residents about the potential risks and safety measures.
• Organize community training sessions on emergency preparedness, first aid, and evacuation procedures.
• Communication and Early Warning Systems:
• Set up an efficient communication system to disseminate real-time updates and warnings to the public.
• Utilize multiple channels, including local radio, social media, and community notice boards, to reach all residents.

Evacuation Plans:

• Develop and rehearse evacuation plans for high-risk areas.
• Designate safe shelters and ensure they are well-stocked and accessible.

Coordination with SDMA:

• Maintain regular communication with the State Disaster Management Authority for updates and support.
• Share the district's disaster preparedness status and requirements with SDMA to ensure additional support if needed.

Post-Disaster Recovery Plan:

• Prepare a plan for post-disaster recovery, including measures for restoring essential services, rebuilding infrastructure, and providing support to affected communities.

Continuous Monitoring:

• Monitor weather updates continuously and be ready to adjust plans as needed.
• Ensure that the task force remains on alert and ready to respond immediately to any emergencies.

By taking these steps, the District Commissioner can effectively prepare for the predicted heavy rainfall, minimize risks, and ensure the safety and well-being of the district's residents.

4. You are District Magistrate of a district. You get a report regarding, increasing drugs addiction cases among youth of your district. This has also lead to increase in number of crimes. You are also informed regarding the nexus between drug traffickers and some local politicians.
(a) What steps will you take to eliminate the drug menace from your district?
(b) How can you motivate youth to participate in more productive work?
Ans: 

(a) Steps to Eliminate the Drug Menace

Law Enforcement and Intelligence:

• Strengthen Law Enforcement: Increase police patrols and surveillance in areas known for drug trafficking and abuse.
• Establish a Task Force: Form a special task force comprising police, narcotics officers, and intelligence personnel to crack down on drug traffickers.
• Intelligence Gathering: Use intelligence networks to identify and monitor key figures in the drug trade, including any involved politicians.

Legal Actions:

• Strict Enforcement of Laws: Ensure the strict enforcement of existing drug laws, including stringent penalties for traffickers and users.
• Prosecution: Fast-track prosecution of those involved in drug trafficking and related crimes, ensuring that justice is swift and visible.
• Community Involvement:
• Neighborhood Watch Programs: Encourage community members to participate in neighborhood watch programs to report suspicious activities.
• Public Awareness Campaigns: Launch campaigns to educate the public about the dangers of drug addiction and the importance of community vigilance.

Rehabilitation and Support:

• Rehabilitation Centers: Increase the availability of rehabilitation centers and support services for drug addicts.
• Counseling Services: Provide counseling and psychological support for addicts and their families to aid in recovery.
• Political Accountability:
• Investigate Political Nexus: Initiate an impartial investigation into the alleged nexus between drug traffickers and local politicians.
• Transparency and Action: Ensure transparency in the investigation and take appropriate legal action against any implicated individuals, regardless of their political status.

Collaboration with NGOs and Experts:

• Partnerships: Collaborate with NGOs, healthcare providers, and addiction specialists to create comprehensive drug prevention and treatment programs.
• Expert Consultations: Consult with experts to implement best practices and evidence-based strategies for drug prevention and rehabilitation.

(b) Motivating Youth to Participate in More Productive Work

Educational Programs:

• Skill Development Workshops: Organize workshops to teach practical skills that can enhance employability and self-sufficiency.
• Career Counseling: Provide career counseling and mentorship programs to help youth identify and pursue their interests and career goals.

Sports and Recreation:

• Sports Facilities: Develop and maintain sports facilities to encourage physical activities and sports participation.
• Sports Events: Organize regular sports events and competitions to foster a spirit of healthy competition and teamwork.
• Cultural and Creative Activities:
• Cultural Programs: Promote cultural activities such as music, dance, and theater to engage youth in creative pursuits.
• Art Workshops: Facilitate art workshops and exhibitions to provide a platform for young artists.

Entrepreneurship and Innovation:

• Startup Incubators: Establish startup incubators and innovation hubs to support young entrepreneurs with ideas and ventures.
• Financial Support: Provide access to microloans and grants for youth-led business initiatives.
• Volunteer and Community Service:
• Community Projects: Encourage youth to participate in community service projects, such as environmental conservation, literacy programs, and social welfare activities.
• Recognition Programs: Recognize and reward outstanding contributions to community service to motivate continued involvement.

Awareness Campaigns:

• Anti-Drug Campaigns: Conduct awareness campaigns highlighting the dangers of drug abuse and the benefits of a healthy, productive lifestyle.
• Role Models: Involve successful individuals from the community as role models to inspire and guide the youth.

By implementing these measures, the district can effectively combat the drug menace while providing youth with opportunities to engage in productive and meaningful activities.

Q5: There is an entrepreneur who has opened many factories in the rural areas for the manufacture of sanitary ware. His initiative is not only providing good employment opportunities to rural people, but also affordable sanitary products which are being used in construction of toilets. However there are some cases of under payment of wages and few cases of employment of children below 14 yrs. You are labour enforcement officer of the area and in course of your routine inspection, you noticed these discrepancies. In this context, answer the following questions:  
(a) What are the options available to you?
(b) Discuss the pros and cons of each option and finally choose the option which you consider best with suitable justifications.
Ans: 
(a) Options Available

• Issue a Warning: Issue a formal warning to the entrepreneur, demanding immediate corrective action for the underpayment of wages and child labor.
• Levy Penalties and Fines: Impose fines as per labor laws for the violations observed.
• Order Immediate Rectification: Mandate the entrepreneur to rectify the issues immediately, ensuring fair wages and the cessation of child labor.
• Suspend Operations: Temporarily suspend the operations of the factories until compliance with labor laws is ensured.
• Report to Higher Authorities: Report the violations to higher authorities for further investigation and action.
• Facilitate Awareness and Training: Organize awareness and training programs for the entrepreneur and factory managers about labor laws and ethical business practices.

(b) Pros and Cons of Each Option

• Issue a Warning: Pros: Provides the entrepreneur with an opportunity to rectify issues voluntarily; maintains a cooperative relationship.
• Cons: May not be effective if the entrepreneur ignores the warning; lacks immediate enforcement.
• Levy Penalties and Fines: Pros: Imposes financial consequences for violations; demonstrates the seriousness of the issue.
• Cons: May strain relations with the entrepreneur; fines alone may not ensure long-term compliance.
• Order Immediate Rectification: Pros: Directly addresses the issues; ensures immediate compliance with labor laws.
• Cons: Requires monitoring to ensure compliance; may temporarily disrupt factory operations.
• Suspend Operations: Pros: Strong deterrent against non-compliance; prioritizes worker rights and child protection.
• Cons: Harsh measure that impacts employment and production; could be seen as overly punitive.
• Report to Higher Authorities: Pros: Escalates the issue for thorough investigation; ensures accountability at higher levels.
• Cons: May delay immediate resolution; could lead to more severe penalties including legal action.
• Facilitate Awareness and Training: Pros: Educates the entrepreneur and workers about legal requirements and ethical practices; promotes long-term compliance.
• Cons: Takes time to organize and may not address immediate issues.

Best Option with Justifications

Order Immediate Rectification Combined with Awareness and Training:

Justification:

• Immediate Impact: Ordering immediate rectification ensures that the issues of underpayment and child labor are addressed without delay, protecting the rights of the workers and children involved.
• Sustainable Solution: Coupling this with awareness and training programs helps the entrepreneur understand labor laws and ethical practices, promoting long-term compliance and preventing future violations.
• Balanced Approach: This balanced approach combines enforcement with education, fostering a cooperative relationship while ensuring legal adherence. It provides a clear signal that violations will not be tolerated while offering the entrepreneur the tools and knowledge to comply with labor laws sustainably.