Ethics: February 2022 Current Affairs | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Ethics in Public Life

Ethics is grounded in the notion of responsibility and accountability. In democracy, every holder of public office is accountable ultimately to the people. Such accountability is enforced through a system of laws and rules, which the elected representatives of the people enact in their legislatures. Ethics provides the basis for the creation of such laws and rules. It is the moral ideas of people that give rise to and shapes the character of laws and rules. Our legal system emanates from a shared vision of what is good and just.
The fundamental principle in a democracy is that all persons holding authority derive it from the people; in other words, all public functionaries are trustees of the people. With the expansion of the role of government, public functionaries exercise considerable influence over the lives of people. The trusteeship relationship between the public and the officials requires that the authority entrusted to the officials be exercised in the best interest of the people or in ‘public interest’.
The role of ethics in public life has many dimensions. At one end is the expression of high moral values and at the other, the specifics of action for which a public functionary can be held legally accountable. Any framework of ethical behaviour must include the following elements:
a) Codifying ethical norms and practices.
b) Disclosing personal interest to avoid conflict between public interest and personal gain.
c) Creating a mechanism for enforcing the relevant codes.
d) Providing norms for qualifying and disqualifying a public functionary from office.
A system of laws and rules, however elaborate, cannot provide for all situations. It is no doubt desirable, and perhaps possible, to govern the conduct of those who occupy positions in the lower echelons and exercise limited or no discretion. But the higher the echelon in public service, the greater is the ambit of discretion. And it is difficult to provide for a system of laws and rules that can comprehensively cover and regulate the exercise of discretion in high places.
One of the most comprehensive statements of what constitutes ethical standards for holders of public office came from the Committee on Standards in Public Life in the United Kingdom, popularly known as the Nolan Committee, which outlined the following seven principles of public life:

• Selflessness: Holders of public office should take decisions solely in terms of public interest. They should not do so to gain financial or other material benefits for themselves, their family, or their friends.
• Integrity: Holders of public office should not place themselves under any financial or other obligation to outside individuals or organizations that might influence them in the performance of their official duties.
• Objectivity: In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit
• Accountability: Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.
• Openness: Holders of public office should be as open as possible about all the decisions and actions they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.
• Honesty: Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.
• Leadership: Holders of public office should promote and support these principles by leadership and example.

These principles of public life are of general applicability in every democracy. Arising out of such ethical principles a set of guidelines of public behaviour in the nature of a code of conduct becomes essential for public functionaries. Indeed, any person who is privileged to guide the destiny of the people must not only be ethical but must be seen to practice these ethical values. Although all citizens are subject to the laws of the land, in the case of public servants there must be standards of behaviour more stringent than those for an ordinary citizen. It is at the interface of public action and private interest that the need arises for establishing not just a code of ethics but a code of conduct. A code of ethics would cover broad guiding principles of good behaviour and governance while a more specific code of conduct should, in a precise and unambiguous manner, stipulate a list of acceptable and unacceptable behaviour and action

Case Study for Practice

Case 1. A MNC has recently started mining operations in India. The company is trying to make its name in the mining industry for which it is ready to offer a lucrative salary along with certain percentage of shares in the business. Your resume has been shortlisted for the interview. During the interview session with MNC’s Global CEO, you got a hint that of the company has a record of indulging into malign practices like bribery of government officials and violation labour laws. There are chances that you may be called upon to involve in unethical practices once you get into the job. You are in a dire need of a good job and the opportunity is huge for you and your family. Also, you cannot hold someone guilty on basis of just planning; a penultimate act is very much required in the planned direction.

a) What are the options available to you?
b) Evaluate each of these options and choose the most appropriate one? (250 words, 20 marks)

Solution
Here is a case of perceived corruption on the part of MNC. There would be dilemma in joining the company as the prevailing work culture may corrupt the individual in one way or the other and at the same time provide good opportunity for work and changing the work culture itself.

Following are some other issue and values involved in the case:
i) Corporate ethics - Respect for national rules and laws by MNC’s.
ii) The issue of bribe in government departments
iii) Any potential unethical practices in mining companies would have huge social and environmental implication.
iv) Confidence in one’s own integrity and value of courage if asked to indulge in corrupt practices.
v) Effectiveness of individuals in resolving ethical dilemma.

Options available
a) Don’t take the job.
b) Take the job but clarify beforehand to work strictly within the realm of law.
c) Take the job, observe if anything wrong goes on or is asked to be done form the management. If it is, then try various persuasion techniques to influence the work culture and management decision. If it does not work, then resign.

Analysis of the options

Merits of the option

• This will avoid any potential unethical action on my part.
• This will result in immediate resolution of ethical dilemma and remove all uncertainty and inner dissonance.
• Dissociating oneself from perceived unethical company will also result in strengthening the  value of integrity.

Demerits of the option

•  Perception may not be true and CEO of the company might be judging my integrity and courage.
• Family may not get the much-needed support.
•  Chance to understand the corrupt practices and attempt to remove them will be lost. Corrupt practice will continue and socio-economic harm to nation will still occur.

b) Clarify beforehand to work strictly within the realm of law.

Merits of the option

• Company may not put me in difficult position.
• I will be respect commanding and will be an example in the company.
• Crucial support needed to the family and self will be ensured. 

Demerits of the option

• Such a demand may be unreasonable when I am yet to see any penultimate act in the planned direction.
• I may be cut-off for any decision-making process altogether with no chance left to reform the system.
• I may not be taken for the job which will neither result in support to the family nor any improvement in the system.

c) Take the job, observe, persuade, and resign if nothing works.

Merits of the option

• Company will not be judged by perceived notion. Taking the job will help in better evaluating the actions of the company.
• It will give a chance to take responsibility to change any unethical work culture if any. It will be a chance to give expression to the value of courage and fortitude.
• It will also help in supporting the family.

Demerits of the option

• There is a risk of being changed by the system instead of changing it.
• At the assigned post there might not be sufficient authority to bring any change in policies.
• In case on cannot do anything about the unethical action of one’s one company there is a chance of inner conflict and mental agony.

Conclusion
a) The most appropriate option is the third one i.e., take the job, observe, persuade, and resign if nothing works. It is easy to criticize the unethical and immoral actions, but it is difficult to mend them. It is the moral responsibility to attempt persuade people and protect the nation.

Case 2. Rajeshvar works in a private company where chances of promotion and career advancement are very limited. He has very good relations with his immediate boss and only because of this; Rajeshvar along with few other colleagues has been invited for a dinner by his boss. While having dinner, Rajeshvar saw that a girl of 9- 10 year age is working in the kitchen as a domestic help. Rajeshvar felt very bad and above this, his boss was not even behaving well with that girl. He yelled at her for every mistake she made during the party. Any action against the boss may ruin the chances of Rajeshvar to get promoted. What shall he do in such a situation?

The following are some suggested options. Please evaluate the merits and demerits of each of the options:
a) Rajeshvar shall ignore what he saw and must concentrate on his career.
b) Take stern action against the boss and file a police complaint after warning him.
c) Advice boss in a polite manner that employing such a young girl is against law and humanity
d) Rajeshvar shall consult his other colleagues who are present in the party and take action as per their advice.
Also please indicate (without necessarily restricting to the above options) what you would like to advise, giving proper reasons. (300 words, 25 marks)

Solution
The case presents the sorry picture of child labour in our country. It also highlights our uncompassionate attitude towards domestic help. There is inconsistency in the behaviour with people we work with or are dependent on in one way or other and with others who are weak like domestic help. This shows lack of integrity and relationship dependent on need rather than inherent values.

Analysis of the options available

a) Ignore and concentrate on career Merits of the option

• Already bleak chance of promotion will not be jeopardized.
• Boss will not be placed in embarrassing situation.

Demerits of the option

• Justice to the girl will not be ensured.
• Boss’s behaviour will not change.
• Dereliction of moral responsibility.
• Inner dissonance and conflict may come in.
• Value of courage will be suppressed.

b) File a police complaint after warning him.

Merits of the option

• Will act as deterrence against using child labour in future. 
• Legal provisions will be well utilised.
• Duty to inform the authority will be fulfilled.

Demerits of the option

• The girl may be freed from domestic work, but good quality of life may still be elusive. She may just move on to some other work where she might be more exploited.
• My personal rapport with the boss will be destroyed. Trust and loyalty which my boss expected will be lost.
• There is no certainty of legal action.

c) Advise the boss politely

Merits of the option

• My boss may mend his ways. This way justice will be ensured to the girl and my relationship with the boss may even get better.
• Value of empathy and compassion for the girl may be balanced with the value of loyalty and trust for the boss.

Demerits of the option

• Boss may not listen to my advice and ignore me and latter not at all get into this discussion.
• My personal rapport may get destroyed without the girl getting justice.

d) Consult other colleague for advice

Merits of the option

• Decision would be taken by collective wisdom.
• Greater persuasion power.
• Personal relation with boss may not deteriorate if Rajeshvar put to the boss a collective view.

Demerits of the option

• Action may not be as per value of Rajeshvar rather influenced by values of others.
• Collective decision may be to take no action.

Advise for Rajeshwar
Aim of Rajeshvar must be to bring permanent attitudinal change in his boss and not to just deal with this  articular case. Hence, he must adopt holistic and innovative approach which may involve

• Narrating some moral stories to boss at workplace; telling him how children are future of our nation. Also, how all individuals are essentially equal but have different opportunities. If the girl is given good opportunity to grow, she may make a name for herself and even for the boss.
• Inviting boss’s family to his home and insisting the boss to also bring the girl along. Treating the girl nicely and making her play with his children may persuade the boss to treat her the same.
• Gifting the girl, a book and asking the boss about her progress with it. This may result in the boss in nudging her for study. Also, others interest in the girl may persuade the boss to change his own behaviour.
• If above techniques do not work the instilling fear of law can be used.
• If still boss does not change his attitude, then a formal complaint must be logged with concerned authority.

Conclusion
Finally, either the boss must treat the girl like his daughter proving her basic schooling etc or the girl must go back to her parents to not miss on her parental affection which is extremely important for emotional and overall development.