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

Criminalisation of Politics

Context

Recent allegations of sexual harassment involving various MPs, MLAs, and government employees highlight the troubling issue of the criminalization of politics and raise ethical concerns such as moral responsibility and the failure to uphold professional ethics.

What does the Criminalisation of Politics Mean?

About:

• Criminalization of politics occurs when individuals with criminal records or charges become politicians and get elected to office.
• This phenomenon undermines fundamental democratic principles like fairness in elections, accountability, and adherence to the law.
• It has become a significant societal problem, threatening democratic integrity.

Statistics:

• Data from the Association for Democratic Reforms (ADR) shows an increasing number of candidates with criminal charges being elected to Parliament in India since 2004.
• In the 2009 Lok Sabha, 30% of parliamentarians had pending criminal cases, rising to 34% in the 2014 Lok Sabha.
• In the 2019 Lok Sabha, 233 (43%) of 543 members faced criminal charges.
• The 2019 elections saw 112 MPs (21%) with serious criminal cases, including rape, murder, attempt to murder, kidnapping, and crimes against women.

What are the Causes of Increasing Criminalisation of Politics?

• Nexus between Politicians and Criminals: Many Indian politicians have close ties with criminal elements, leveraging their money and muscle power to win elections.
• Weak Law Enforcement and Judicial System: The Indian criminal justice system is often slow, inefficient, and corrupt, making it hard to prosecute and convict politicians with criminal backgrounds. A 2019 National Crime Records Bureau report showed a 6% conviction rate for crimes committed by Members of Parliament and State Legislatures.
• Lack of Internal Party Democracy: Weak internal democratic structures in political parties allow leaders to select candidates based on their electability rather than integrity, including those with criminal backgrounds. This undermines citizens' ability to hold representatives accountable.
• Voter Apathy and Lack of Political Awareness: Voters, especially in rural and impoverished areas, may prioritize immediate benefits provided by criminal-backed candidates over long-term governance and rule of law.

What are the Ethical Issues Associated with Criminalisation of Politics?

Absence of Non-partisanship and Accountability:

• Failing to address misconduct within the political class highlights a lack of accountability and ethical standards.
• MPs facing serious criminal charges often defend individuals accused of serious offenses against women, reflecting a detachment from ethical norms due to intense partisanship.

Lack of Democratic Accountability through Public Outrage:

• Public outrage often triggers political action, as seen with Prajwal Revanna.
• The reactive nature of political responses to scandals underscores the need for more robust accountability mechanisms beyond public pressure.

Culture of Impunity and Individual Accountability:

• A culture of impunity in politics results in inconsistent enforcement of norms and rules, placing the burden of accountability on individual women.
• Courageous women, like the complainant against Revanna or the Unnao rape survivor, play vital roles in holding perpetrators accountable, but at high personal costs.

Women's Empowerment as a Fallacy:

• Despite agendas on women's empowerment, substantive progress on issues like respect, equality, and security remains unaddressed.
• While women are mobilized as voters and beneficiaries, their collective concerns often stay peripheral to political agendas.

Representation vs Empowerment:

• Equitable representation alone is insufficient for true political empowerment of women, which requires the ability to enforce ethical standards.
• The disconnect between representation and empowerment is evident in the limited impact of bodies like the National Women's Commission and the National Human Rights Commission (NHRC).

What are the Ethical Implications of Criminalisation of Politics?

Societal Perspective:

• Erosion of Moral Fabric: Criminal politicians in power signal that lawbreaking is acceptable, potentially degrading societal ethics and respect for the law.
• Reduced Civic Participation: Distrust in the democratic process may lead citizens to disengage from voting or civic activities if they perceive the system as corrupt.
• Inequality and Exclusion: Marginalized communities may face reduced representation and hindered progress on relevant issues due to criminalization.
• Focus on Short-Term Gains: Politicians with criminal backgrounds may prioritize personal gain over long-term societal development.

Democratic Perspective:

• Undermines Democratic Principles: Electing representatives with criminal backgrounds undermines the core democratic principle of law-abiding leadership.
• Free and Fair Elections: Criminalization can distort elections through money laundering, muscle power, and intimidation, disadvantaging honest candidates.
• Accountability and Transparency: Criminal politicians are less likely to be scrutinized or held accountable, reducing governance transparency.
• Challenges to India's Development: Criminalization can hinder development by diverting resources for personal gain or stalling crucial reforms due to vested interests.

Way Forward

Strengthening Institutional Mechanisms for Accountability:

• Empower anti-corruption agencies and the judiciary to effectively investigate and prosecute political corruption.
• Establish transparent and impartial internal party disciplinary processes.
• Ensure the independence and effectiveness of oversight bodies like the ECI, NHRC, and National Commission for Women.

Promoting a Culture of Ethical Conduct:

• Develop a comprehensive code of conduct for elected representatives and political party officials.
• Mandate ethical training and sensitization programs for all political members.
• Impose stringent penalties, including disqualification, for ethical norm violations.

Empowering Citizens and Civil Society:

• Enhance civic education to improve political awareness and critical thinking among voters.
• Encourage greater citizen participation in the political process through grassroots movements and advocacy campaigns.
• Support independent media, watchdog organizations, and activists in investigating and highlighting political misconduct.

Restoring accountability and ethical standards in Indian politics is a complex, long-term challenge. However, a multipronged approach addressing institutional, cultural, and societal dimensions can help counter the concerning trends of criminalization and partisan protection that undermine democratic integrity.

Case Studies - Ethics

Q1: You are posted as the District Development Commissioner (DDC) in a region which has high rates of child mal-nourishment. For last few months, you have been receiving complaints regarding poor quality of food given under Midday Meal Scheme. Responding on the complaints, you found that most of the meals served failed the calorie test as per the criterion under the scheme. Some vendors supply poor quality deliberately as it is more profitable but many others don’t have the right knowledge of which food contains what nutrients. Calorie knowledge is also less among children and teachers. Special instruments are required for exact calorie counts which are not available in abundance. Also limited suppliers are there and blacklisting them would completely stall the process. Analyze the problem and explain various repercussions of it. Also explain what steps you can take in order to effectively resolve this problem.
Ans: The situation presents the difficulty in implementing a socially important scheme when corruption is prevalent and people are less aware. It will have huge repercussion on health and learning abilities of children. 

• If poor quality of food is continued to be served, then rate of malnourishment among the children will increase and enrollment and retention ratio will decrease. 
• Right to education of children and duty of the parents to educate their children will not be fulfilled. 
• Since the region is backward, social justice as promised in the preamble of our constitution will not be done. 
• It may also widen the trust deficit between government institutions and people. 
• Maintaining status quo about the act of cheating by vendors may encourage them to perform such acts repeatedly. 
• This would make it difficult for India to achieve the SDG 2 goal which calls for ending the hunger and achieving the food security As the suppliers are limited, blacklisting them will reduce the supply of food which will make difficult for the district administration to run the scheme. Lack of special instruments for calorie count should not become a limitation for a civil servant. Dedication and spirit of service should be shown to solve the issue and preserve the probity of his/her office. 

As a District Development Commissioner, it is my duty to address the issue taking all stakeholders in the consideration – 

• First, all vendors should be given strict warning to stop the adulteration of food and they must be informed of likely punishments under the law. 
• Whole supply chain must be made transparent to identify the point at which adulteration happens. ICT can be used in this regard. 
• Random audit of food inspector should be done. 
• Citizen’s charter can be used in every school. Vendors have to give all the details including grievance redressal mechanism. 
• Awareness campaign and knowledge dissemination to make vendors and children aware of proper calories requirement and which food shall provide the same. 
• Graduates and teachers from nearby areas can be motivated to come and train vendors and educate students on nutrition. 
• Government channels which provide information on nutrition can be broadcasted in the school. 
• Ethical training of vendors can arranged to inculcate in them the spirit of public service. 
• Social audit by village institutions like ASHA workers, SHG’s, NGO’s etc. must be done. Children families can be included, especially the mothers as food quality inspectors. 
• Optimum utilization of the available instruments to identify and stop the poor quality food. I will also request the state government’s food department to make available the special instruments of identifying food quality. 
• Some reward scheme can be launched for best service providing vendors. Children are the trustees of growth and prosperity of the nation. They must be given proper nutrition and health to take up this role in future.

Q2: Sexual abuse of Children today has become one of the most pervasive social problems faced by Indian society, especially in urban areas. Its impact is profound because of the sheer frequency with which it occurs and because of the trauma brought to the lives of the children who have experienced this crime. Even though most of these crimes happen randomly and are distinct from each other, there are certain commonalities. Most abused children belong to poor families who live in slums. Families of abused children and also the culprits are largely people who have migrated to the cities for better job opportunities. Analyze the problem and explain:
(a) What behavioral problems migrants face when they come to city and how these problems lead to anti- social behaviour?
(b) What steps can be taken to increase the respect of law among people and stop this heinous crime against children.
Ans: People migrate to cities in search of better job opportunities and aspiration of better standards of life. But, most of them end up living in slums. The slums are the underbelly of the cities, which provide an ideal ground for breeding of crime. The population density in slum is quite high, as compared to the available resources, leading to overcrowding and distress. This also acts as a driving force for crimes. The children living in slums face circumstances such as disruption in schooling, a dysfunctional family, lack of parental care and exposure to substance abuse. In such a case, children living in slums are not only vulnerable to crimes and violence but can also become part of organized crime rackets themselves. Migrants often face job insecurity, and financial stress pushes them towards crime. Though they may start with petty crimes, but soon they are engulfed into committing heinous crimes, including crime against children. In the slum, these criminals find easy targets, as the children here are most insecure.
(a) Migrants face many behavioral issues when they move to cities. 

• They are likely to face depression due to physical and financial stress. The job insecurity further adds to their daily woes. 
• Feeling of relative deprivation. 
• Lack of emotional intelligence often leads to fear of uncertainty. 
• Prejudice leading to discrimination on the basis of region. 
• They feel alienated in cities, as the sense of belongingness to the place is not there. 
• When they come to the cities, they have big aspirations, but soon they realize about the hard realities of the city life. This severe contrast between their dreams and actual reality makes them anxious and nervous. In such a state of mind, they are prone to crime including substance abuse. 
• Most migrants suffer due to overcrowding due to which movement is restricted, privacy secluded, hygiene becomes impossible, rest and sleep difficult. Overcrowding may be due to children sharing a bed, increased physical contact, lack of sleep and lack of privacy 
• Further, there is also negative behaviour conditioning in the slums, where they live. Most of the migrants generally end up in slums, which is a breeding place for crime and criminals. 
• Sometimes even without any behaviour conditioning, they enter the field of crime, driven by the hard realities of city life. Unable to earn a decent living, they take to crimes to fulfill their needs. 

(b) To deal with the situation a multi-pronged strategy needs to be implemented. 
To protect the children from the heinous crimes committed against, the root cause of the problem needs to be addressed. The problem stems from the vulnerabilities associated with unregulated migration and growth of slum. So, if the vulnerabilities of migrants are solved, then the problem will be resolved. But, the problem is deep rooted and we need to take both short-term and long-term measures in order to solve it. In the short term,
(i) We can organize awareness camps to increase respect of law among people. Many times they are simply not aware of the laws and the consequences of its violation.
(ii) NGOs can be roped in to reach out the slum people. A sense of belongingness needs to be instilled in them.
(iii) Workshops must be conducted in slum areas for parents. They must be told the ways in which they can ensure the safety of their children.
(iv) Proper lightening of the areas with the provision of CCTV cameras.
(v) Increasing the number of policemen in vulnerable areas.
(vi) Strict enforcement of law and use of media to highlight the cases. 

In the long run: 
(i) Steps need to be taken to provide them social security, so that they no longer take to crimes because of their vulnerabilities.
(ii) Ensuring proper schooling of children living in slum, so that they can earn a decent living in future.
(iii) Crèche facilities must be provided for the children of working women.
(iv) Rehabilitating those who are victims of substance abuse, and trying to integrate them into mainstream of society.
(v) Developing low cost affordable urban housing for the poor slum people. This will help in providing them a better quality of life, fulfilling some of their aspirations of city life.
(vi) Integrating the concerns of the vulnerable migrant groups in urban planning. Uncontrolled emotions are key source of such problems. Thus, they should be taken into consideration during socialization of all individuals.

Q3: Mr. Manish is heading the Department of Industrial Policy & Promotion. A MNC specialized in making high end smart phones has approached his department to seek approval for importing second hand phones in India. The brand of MNC is very popular among the people, but due to its high cost, only few are able to buy it. Many from middle class dream to own this brand but are not able to do so. The demand for pre-owned phones is very high in India, but since the MNC is not directly dealing in pre-owned phones, most of the sale takes place in grey market without any certification. Overall conduct of MNC has been good with the government. Economically also, the decision to give approval seems correct but Environment Ministry, when asked for opinion, is raising concerns over import of such pre-owned certified phones. Based on this information, answer:
(a) Why environment ministry is raising concerns regarding import of second hand phones. 
(b) Analyze the conflict present in the situation between Department of Industrial Policy & Promotion and Environment Ministry. 
(c) Explain the course of action that Mr. Manish shall take in such situation.
Ans: The case is concerned with a conflict between environmental values and economic development. It also takes into account rights of people to fulfill their aspirations and justice to those who suffer due to frauds in grey market. One should also have to take into account the long term harms which may occur in pursue of short term gains.
(a) The environment ministry is concerned because second hand phones can turn into hazardous electronic waste, at the end of their life. Electronic devices contain many hazardous and toxic substances, which are not bio-degradable. They cannot be disposed-off like other bio-degradable waste. It will pose a huge health and environmental challenge for us. Also, allowing this MNC will open the floodgates for import of other such pre-owned electronic devices. This can turn India into a dumping yard of electronic waste from all over the world. So, it is better to nip it in the bud itself.
(b) The conflict between Department of Industrial Policy & Promotion (DIPP) and Environment Ministry reflects the conflict between economic values and environmental ethics. DIPP is concerned mainly with the economic benefits of allowing the MNC to import pre-owned phones. It will give a boost to economic activities, as these phones are in high demand in India. Also, government will benefit by levying import duty on these phones. Further, allowing import of certified pre-used phones will also help in checking the grey market of such phones. Grey markets fall outside tax structure and many times customers suffer due to fraud as no billing is done. The act will also lead to more competition and aspirations of many people will be fulfilled. The Environment ministry is concerned about the hazardous electronic waste that pre-used phones generate after end of their life. These electronic wastes have serious consequences for human health and environment, as these contain toxic non-biodegradable chemicals. Disposing this electronic waste in huge quantity can pose serious environmental challenges in the long run.
(c) Mr. Manish should weigh the consequences of all the possible options before arriving at any decision. The various options available before him are:
(i) Allowing for import of pre-owned phones without any restrictions:
(ii) Prohibiting the import of second hand phones
(iii) Allowing import, but with Extended Producer’s Responsibility, to retake phones at end of its life.
Considering the above options the third option is most appropriate. Sale of second hand phones is already taking place and government is not able to control it. Allowing imports with the condition of “Extended Producer’s Responsibility” will mitigate the problem of hazardous electronic waste dumping in India. At the same time, it will also allow people to fulfill their dreams of owning phone of that particular brand. It will also boost competition among manufacturers, to produce high quality phones at cheaper price. So, Mr. Manish can go for the third option. He needs to put in place, detailed guidelines for import along with the applicable conditions. Rules should also be made for taking action against those who violate the import regulations.

Q4: You have been working as a chief medical officer in a rural district of Uttar Pradesh. The health department of the state has asked you to implement a family planning project which involves free distribution of contraceptive pills and condoms in your district which has seen a large rise of population in the last two decades. However, the district is marred with low literacy rate and use of contraceptive techniques is considered tabooed and irreligious by the local population. Your administrative staff which includes a substantial number of local residents is also not very optimistic about the success of the project. What steps you will take in order to motivate your staff and persuade local people for the successful implementation of the project.
Ans: :The case shows how superstition can create hindrance in the development process of the nation. It presents a situation where emotional intelligence, persuasion power, dedication and spirit of service of civil servant will be checked.
Ethical issues involved are: Common good:

• stable and healthy population which is in the national interest 
• trust between citizen and government agency should be increased for better governance 
• efficient government institutions and work culture Rights: 
• Right to follow own religious beliefs and traditions 
• Right to health of children 
• Right to self-determination virtues: 
• Optimism and dedication on the part of officers of the medical office 
• Commitment of government employees towards government policies and programs. 

Justice 

• Injustice with the children who will not get better facilities and environment due to population explosion. Burden will fall upon them. Utilitarian Approach 
• Output will be better for public in long run I would take the following steps to motivate my staff: 
• Internal meetings and training has to be conducted. Data and case studies must be presented to the staff to convince them of the problem of population explosion. 
• They must be reminded of civil service values of public service and dedication and organisational values. 
• I will begin the campaign myself to motivate my staff. 
• Rewards and incentives based on performance can be introduced. I would take the following steps to persuade local people: 
• Comprehensive approach targeting CAB components of attitude. 
• Local authorities like ASHA workers, SHG’s, NGO’s, gram panchayat, community leaders must be involved and brought to the forefront for the campaign. 
• Progressive religious leaders with liberal interpretation of religion must be encouraged to talk to people on the problem of large rise in population. 
• Street plays, local art form, advertisements etc can be used as persuasion tool for bring about attitudinal change in people. 
• Workshops and meeting must be organised in schools to bring cognitive change in children. 
• The female officials or volunteers including ASHA workers should spread message to the females of the district and to solve their queries. With this females can openly talk about their issues which they are facing and we can gather helpful information which may be useful for making this campaign successful. 
• Social comparison in terms of controlled population and increase in literacy should be put in front of all the people by giving the example of other region. 
• Easy accessibility and affordability of condoms and contraceptives in anganwadi centres etc. should be made available. 
• For long term, the sex education should be provided to the students in the schools and colleges through various seminars so that in future they will give importance to the family planning. Religion, low literacy and rationality often clashes with each other and makes the process of development slow in the society. This also makes the society vulnerable to the diseases like AIDS. It is a duty of the state to direct the society towards the right path and should deliver the people what they deserve.

Q5: Amit is a second year student in an engineering college. He belongs to a poor family and is the only hope for a bright future for his family. A fight has broken out between two groups of students on some minor personal issue in the college. Amit along with his friends is part of one of these groups. The fight has led to the destruction of college property and has brought bad name to the reputed college. Amit has been caught red handed while damaging the college property by the administration but because of his good academic record has been offered a deal. If Amit admits his mistake and also becomes the witness against his friends, he will not be rusticated and only minor punishment will be given. However, severe punishment will be given to Amit’s friends who are the regular offenders and college administration is just looking for a chance to expel them from the college. What shall Amit do in this situation? Analyze different options which Amit has and what decision will be the most correct one in this situation? Give appropriate reasons for the choice Amit shall make?
Ans: Values and issues involved in the case:
(a) Temperance: Minor personal issues must be solved at the personal level and should not be allowed to grow into a fight.
(b) Duty to safeguard one’s college from loss of property and reputation.
(c) Your own wellbeing versus Fraternity and loyalty towards friendship.
(d) Responsibility towards family
(e) Cooperation with college administration to expel regular offenders.
(f) Possible inner dissonance due to the decision.
(g) Educational institution as common good.
Following are options available to Mr. Amit –
i. Accept the deal – Merit 
(a) Cooperation with college administration in maintaining discipline.
(b) Hope of better future for the poor family.
(c) Acceptance of his mistake
Demerit 
(a) Disloyalty towards friend.
(b) Crises of conscience for deceiving friends for whom he was fighting with others.
(c) May face hostility in future for breaking up the fraternity of student community.
ii. Not accept the deal Merit 
(a) He will not lose his integrity which will be a lifelong asset.
(b) He will learn to defend what he fights for and fight only for what he can defend.
(c) Since he is a bright student he can find ways to complete his degree later and yet keep his values intact.
Demerit 
(a) College may rusticate him too.
(b) Emotional suffering to the family which is already poor.
(c) Future of Amit and his family will suffer.
(d) Non-cooperation with college administration.
Considering the above reasoning Amit should not accept the deal to – 
(a) not lose his self-respect, dignity and integrity.
(b) learn to stand for what he believes.
But since he has been caught red handed while damaging the college property, he must accept his mistake and should apologize for it. He should also show intellectual courage by facing the punishment for what he has done. The situation can also be used to reform his friends. He can persuade the college administration to give one more chance to his friends. He should also try to convince his friends to accept their mistake and face punishment for it.