Ethics, Integrity & Aptitude - 1 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Ethics and Climate Change

• After two long weeks of negotiations at COP26, the United Nations Climate Talks, the Glasgow Climate Pact was signed. But both leaders and experts were not satisfied with the promises made. The prevalent gaps in the climate negotiations and the gravity of the issues can be gauged by the opinion of world leaders:
• “Climate justice demands that the little carbon space we still have, developing countries should have enough room to grow.” - Prime Minister Narendra Modi
• Climate change is always perceived as an environmental or physical problem, but the solution of this problem lies in unknotting an array of ethical issues.

How is Climate Change an ethical issue?
Multiple stakeholders with varied interests have shared a global common for a long time. This has made climate change an issue of ethics and justice on several fronts-

• Who should take the responsibility?: It is a problem that is being caused by some people and nations in one part of the world who are putting other people and nations at great risk in another part of the world who have often done little to cause the problem. For instance, the North- South debate on the responsibility of climate change. 
• Who will protect the worst affected?: The possible harms to those at most risk are not mere inconveniences but potential catastrophic harms to life, health, and natural resources on which life depends. 
• Should efforts be based on ability?: Climate change is a problem about which many of those people most at risk can do little to protect themselves. Therefore, the best hope for them is if developed nations do the heavy lifting. 
• Pursuing National interest or climate justice?: A global solution to climate change requires all nations and peoples to limit their greenhouse gas (GHG) emissions to their fair share of safe global emissions. But this fair share may not be in their national interests like economic development. 
• What is our intergenerational obligation?: With Climate Change, we as a generation impose risks on future generations. This presses the issue of how to balance the rights’ claims of those alive today against the rights’ claims of future generations.
• There is no certain answer to these ethical dilemmas. But what is certain is that without navigating these ethical questions, it would be very difficult to arrive at any collective action.

Climate Change Negotiations (CCNs) and its ethics
The discussions under the Climate Change Negotiations (CCNs) have churned out some principles of climate action which help answer the above questions –

• Common but differentiated responsibility (CBDR)/Ability to pay: The principle balances, on the one hand, the need for all states to take responsibility for global environmental problems and, on the other hand, the need to recognize the wide differences in levels of economic development between states.
  For instance, Canada’s and Mexico’s emission targets would be different despite having similar emission levels. This would be due to the gulf in their development levels. 
• Idea of equal per capita emissions: The principle states that everyone has an equal claim to the atmosphere implying that everyone should have an equal share of the available emissions permits. 
• Polluter pays principle: The idea states that those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment. 
• Beneficiary pays principle: It states that those who gain an advantage by disadvantaged others have a duty to rectify that disadvantage.
  For example, a driver who uses gasoline has benefitted from generating GHG emissions, but he pollutes the environment and hence he has a duty towards reduction of pollution.
• These principles have helped the discussion move forward. But translation of these principles into practice has been limited.

Are our current climate policies just?: Bringing Glasgow Climate Pact under the scanner
Just climate policies or Climate Justice relates the effects of climate change to concepts of justice, particularly environmental justice and social justice and by examining issues such as equality, human rights; collective rights, and the historical responsibilities for climate.

The COP 26 asked the national governments to come next year with tougher pledges, made pledges in newer areas and completed the rules on carbon trading. But these incremental changes may not be enough to ensure climate justice because-

• The Pact is not enough to keep temperatures below 1.5 degrees: By not targeting the 1.5-degree mark, we are allowing permanent damage that endangers our human rights and breaches our obligation to the future generations. 
• The Pact fails to deliver on loss and damage: The failure to agree on loss and damage leaves the most vulnerable states and communities to bear the brunt of climate change. The developed and wealthier states have again shied away from their historical responsibilities. 
• The complexity and urgency of phasing out fossil fuels isn’t properly addressed: The pact talks about phasing out fossil fuels but fails to comment on timeline and does not incorporate equitable phasing out between developed and developing countries. The COP 26, like many of its predecessors, did not fulfill the expectations from it. The lack of consensus among the countries stems from the fact that there is no mutual agreement on what principles will act as a base for climate actions.

How can we make Climate Change policies more ethical and just?
In order to help Member States and other stakeholders to make appropriate decisions and implement effective policies

UNESCO adopted a Declaration of Ethical Principles in relation to Climate Change-

• Prevention of harm: To better anticipate the consequences of climate change and implement responsible and effective policies to mitigate and adapt to climate change. 
• Precautionary approach: To not postpone the adoption of measures to prevent or mitigate the adverse effects of climate change on the grounds of a lack of definitive scientific evidence. 
• Equity and justice: Respond to climate change in a way that benefits all, in the spirit of justice and equity. 
• Allow those who are unjustly affected by climate change (due to insufficient measures or inadequate policies) to access judicial and administrative proceedings, including redress and remedy. 
• Sustainable development: Adopt new paths for development that make it possible to sustainably preserve our ecosystems, while building a more just and responsible society that is more resilient to climate change. 
• Special attention must be paid to areas where the humanitarian consequences of climate change can be dramatic, such as food, energy, water insecurity, the oceans, desertification, land degradation and natural disasters. 
• Solidarity: Support, individually and collectively, the people and groups most vulnerable to climate change and natural disasters, particularly in the Least Developed Countries (LDCs) and Small Island Developing States (SIDS). o Strengthen timely co-operative action in various areas, including technology development and transfer, knowledge-sharing and capacity-building. 
• Scientific knowledge and integrity in decision-making: Strengthen the interface between science and policy to optimally aid decision-making and the implementation of relevant long-term strategies, including risk prediction. 
• Promote the independence of science and widely disseminate its findings to as many people as possible, for the benefit of all. Internalization and implementation of these principles is the collective responsibility of all nations. The urgency of their implementation is aptly described by the statement of Palau President Surangel Wipps Jr. on Climate Change-

"Leaders of the G20, we are drowning and our only hope is the life-ring you are holding. You must act now. We must act together."

Values in Civil Services

Aptitude and Foundational Values of Civil Services

• Under New public management (NPM), the concept of public services is fast changing. 
• Bureaucrat has become directly accountable to citizen-customer. He must respond to moral universe of the citizens. 
• He has discretionary powers; therefore he must be provided with guiding principles to prevent abuse of power. 
• The foundational values provide these guiding principles. Nolan committee (UK-1996) listed seven foundational values-
  (i) Leadership
  (ii) Honesty
  (iii) selflessness
  (iv) Openness
  (v) accountability
  (vi) Integrity
  (vii) objectivity

ARC in its 10th report (Refurbishing Personnel administration, scaling new height) is of the view that in addition to commitment to the constitution values for civil services should include -

• Objectivity 
• Commitment to the principles enshrined in the Constitution 
• Empathy and compassion for the vulnerable and weaker section of society 
• Adherence to the highest standards of probity, integrity and conduct 
• Commitment to the citizens concerned and public good 
• Impartiality and non-partisanship.

Objectivity

• Max Weber talked about legal rational bureaucracy. Bureaucracy claim to legitimacy is based on its legal structure and rational behaviour. Decisions are rational if means are especially designed to achieve certain specific ends. Decisions are legal if authority is exercised by a system rules and procedures which are same for everyone. For a civil servant to be rational and legal it’s important to be objective. Objectivity creates legitimacy of bureaucracy. Objectivity refers to the ability to judge fairly, without bias or external influence. It is the quality of being true even outside of a subject, individual biases, interpretation and feelings.
• Expert committees are established to maintain high level objectivity in decision making. An objective civil servant is expected to provide information and advice to all the concerned people based on the evidence and accurately present the options and facts. He takes the decisions based on merit and take due account of expert and professional advice

Objectivity in Complex Situation
It is not possible and not desirable to always remain objective. In fact, our constitution is not an objective document. There are certain biases shown in favour of people –

• Positive discrimination towards SC, ST, Women etc. Executive decisions are mostly based on subjective analysis – 
  • Subsidies 
  • FDI in retail 
  • Reservation policy
• Many theories now have discarded the idea of objectivity. As per these theories if a person is sensitive, intelligent and smart then he cannot be objective because his personal biases and interpretations will always be reflected in his/her judgements. In fact, objectivity is often regarded as clerical objectivity. In the position of decision-making objectivity is regarded as robotic sin. E.g. – If the same crime is committed by two people, then it will not be fair to fine both poor and rich equally.

Objectivity Is a mean value to achieve end value of equality

• Both objectivity and fairness have the same goal to achieve equality but in unequal circumstances fairness will always prevail over objectivity.
• Objectivity and empathy are at times in contradiction. Empathy is targeted towards individual, while objectivity looks at masses. So, if judge gives more weightage to empathy over "objectivity', he may give lenient punishment to a criminal. In long run it'll hurt the masses. 
• Syrian refugees have been flooding Turkey and EU since many months, but only after a child (Aylan Kurdi) is drowned and images appear in main-stream media, all EU nations have become attentive. Because empathy of people towards an "individual child.
• Civil servants must try to be objective. Even if one is not then he/she must be fair.

How To Inculcate Objectivity?

• Training: Training imparts right guidance to the people who are delivering the services. This also ensures that public servants know what all needs to be done. 
• Critical thinking: ASI began gold hunting in Unnao district of Uttar Pradesh, on order of a union minister who believed a ‘baba’. They showed lack of critical thinking by blindly following dictates of higher authority. 
• Right to review decisions: within judicial / administrative procedure, there should be mechanism for appellate board e.g., in taxation, land acquisition etc. 
• Right to be heard often officers don’t hear the complaint or opinion of people properly and just do the things that are in their mind. Hence new schemes should have ‘social audit / public hearing’ components. 
• Information management: if you don’t have hard-core information /statistics, you can’t take objective decisions. e.g., sustainable development goals (SDG) have 17 goals and 169 targets. Previously in Millennium development goals (MDG), we had 18 indicators, yet we lacked proper statistical databases to compare performance. Lack of data prevents us from finding the faults and fixing them. 
• Transparency: e.g., right to information act. Bureaucrats will think twice before taking subjective/discretionary decisions, fearing that he’ll have to answer it if someone files an RTI.

Empathy and Compassion Towards the Weaker Section

• Apathy 
• Sympathy 
• Empathy 
• Compassion 
• Apathy is the state of indifference or the state in which no emotion such as concern; care, motivation etc. are shown. Sympathy is an instinctive reaction of kindness which is momentary in nature. It is spontaneous and real understanding of the problem is not there. Empathy involves putting oneself in another man’s place to understand his pain and sorrow. It has both cognitive and emotional aspects. 
• Understanding of nature & intensity of problem is there. Empathy is more sustainable than sympathy. Being empathetic involves a deeper relationship than being sympathetic. Empathy is a stronger attitude than sympathy, hence it's a better indicator of behaviour. desire to help alleviate the suffering of other persons. 
• Emphasis here is on action. Having compassion for others requires one to put the other person first, imagine what the person is going through and then consider waves which can help people feel better. Compassion is an even better predictor of behaviour. E.g. – Compassion is what made Mother Teresa leave her motherland and serve selflessly in Kolkata.
  • Apathy - indifference
  • Sympathy - kindness
  • Empathy - experience
  • Compassion - action

Why Empathy and Compassion are Required

• To change bureaucracy with a colonial mind-set – Indian civil services (ICS) attracted the most intelligent and talented among the British youth, yet they failed to look after the interest of Indians. Why? They were intelligent but lacked ’empathy.’ and at the same time, the British civil service manual / code of conduct lacked any directives in that regard. For ICS officers, public services meant ensuring the administrative, economic and strategic interest of the empire. Our bureaucrats have inherited this colonial legacy- hence we must make them emphasize with the plight of a common man. 
• Empathetic officers are the need of hour in modern day administration targeted towards inclusive growth. Understanding of problems and suffering become more enduring if we have empathy towards people in distress. E.g. – Alex Paul Menon, Harsh Mander etc. 
• In developing countries there is always a greater chance of disconnect between bureaucracy and people as bureaucrats are vulnerable to getting trapped in distancing confines of the power elites. This disconnect which exists between the policy maker and the people who bear the brunt of policies can only be removed through empathy and compassion. 
• Citizens do not approach administration due to apathetic behaviour - 
• The argument that affinity with the soil of the land givers you bigger ears to the ground has also been challenged in recent times. Except few highly motivated and dedicated bureaucrats, more entrants with humble background has not changed the narrative of disconnect between bureaucrats and people. Rudyard Kipling once said “to move among the kings and yet not lose the common touch” 
• C.P. Bhambri said policy formulation and ground reality are completely different today. He called civil servants ‘New Brahminical system’ of India. There is arm-chair approach or arm chair approach. 
• There was directive of GoI to all secretaries to spend one week in the area of their first posting. Civil servants have some emotional linkage with areas of first posting. It will help in understanding what changes has occurred so far and motivate them to be more dedicated. 
• Moral sentiment is born in human heart when one starts looking at others with empathy. Compassion is at the root of a tree called dharma. 
• Mahatma Gandhi – He visited places all over India to develop empathy for the people. After communal award of 1930 he retired from active politics and lived among harijans. His favourite prayer was

Vaishnav Jan’ Vaishnav Jan  to  tene  kahiye  je
Peed  paraayi Jane  re
Par-dukhkhe  upkaar kare  toye
Man  abhimaan na  aaNe  re
God  like  people  are  those  who  understand  the  suffering of  others.
“I  call  him  religious  who  understands  the  suffering  of others-  Gandhi”. 

How Can We Cultivate Empathy and Compassion?

• Art, literature, cinema - they help us inculcate empathy. E.g. Satyajit Ray’s “Pather Panchali” realistically portrays the poverty and rural India. 
• Common Holiday- Eid, Diwali- people of all religion are given public holidays on these events. It should encourage them to participate in each other’s festivals. 
• Right to education Act provides 25% reservation to children from economically weaker section in the schools. So rich and poor will interact with each other and cultivate empathy for each other. 
• Encourage Perspective talking, role playing games, put yourself in the shoes of other people. 
• Visit slums, old age home. 
• IAS probationers are sent to “Bharat Darshan” for similar reason- to understand the diversity of India and grow compassion towards others.

RULE OF LAW

“Be you never so high, the law is above you” – Lord Justice Denning

Rule of law implies that government powers are effectively limited by the legislature, judiciary, independent auditing and review. The doctrine of rule of law has its origin in England and is given by A.V. Dicey. According to Dicey, there are 3 fundamental principles of Rule of Law:

• Absence of arbitrary power: No man is punished except for a breach of law.
• Equality before the law: Equal subjection of all citizens (rich or poor, high or low, official or nonofficial) to the ordinary law of the land administered by the ordinary law courts.
• Primacy of the rights of individual: The constitution is the result of the rights of the individual as defined and enforced by courts of law, rather than constitution being the source of the individual rights

According to Plato, the meaning of rule of law is that Law is supreme in nature, and nobody is above the law. According to Aristotle, law should be the final sovereign of the state. According to Sir Edward Coke, “Rule of Law” means the absence of arbitrary power on the part of Government. Rule of law enabling ethical dilemmas resolution. Ethical dilemma refers to a situation where one must choose between competing principles, both being right in their own way. Rule of law helps to make decisions in such situations:

1. Rule of law gives a definitive path to follow irrespective of the situations and provide certainty of actions to be followed by the government. Example: Demolition of a slum/ roadside vendors create a dilemma but is necessary.
2. Irrespective of the superior’s directive, the official can stick to the law which can be later justified in the court or inquiries. Public representatives may give orders to officials which creates ethical dilemmas whether to follow the representative’s order or the public interest.
3. Following rule of law will help in overcoming the same and help civil servants to function without fear or favour.
4. Following rule of law help resolve dilemma of ‘Secrecy vs Transparency’. For instance, denial of information under RTI. Following rule of law will help the government in proactive disclosure of information vital for the public, but at the same time withholding the information vital for national security.
5. Equality, though a basic virtue to be followed, equity is necessary. Even the constitution provides for differential treatment and upholding it will help in overcoming the sense of discrimination created by differential treatment. 
6. In some situations, it might seem ethically right to circumvent rule of law. Example: Encountering a child rapist or terrorist and so on. But Rule of law help in overcoming emotional ambiguities. Example: Even the terrorist Kasab was prosecuted as per Rule of law.

Significance of Rule of Law

• Experience of liberty – shield against majoritarianism (Navtej Singh Johar case)
• Success of social contract.
• Separation of power as per theory of Montesquieu.
• Good and stable governance
  • Rule of law and public order is the science of administration – Kautilya in Arthashastra
  • Contract enforcement - stable investment
  • If I have to give one reason for fall of Roman empire, it was absence of rule of law - Edward Gibbon
• Fundamental rights are secured
  • Lunching
  • Custodial death
  • Honour killing
• Regulatory enforcement
  • MCC rules are defined but not justiciable.
  • Regulation on plastic waste by CBPC not followed by state.
• Civil and criminal justice are accessible and affordable – PIL
• Order and stability – If I have to give one reason for fall of Roman empire, it was absence of rule of law - Edward Gibbon
• Openness in governance – Right to information, civil society participation etc.]
• Thus, overall rule of law helps create a trustbased society and generates social capital.

Rule of Law in India context

“Rule of law and public order is the science of administration” – Kautilya in Arthashastra

• Lokpal act – PM too is covered under this act.
• Arrest of executives - Bihar chief minister in fodder scam.
• Many prominent leaders arrested under 2G scam etc.
• Air travel ban on abusive MP
• Swift action in Chandigarh stalking case involving powerful parties.
• Judicial judgement in crucial cases – Indira Gandhi Vs Raj Narayan case
• Bengaluru Mayor pays fine for use of plastic Challenge to rule of law
• Uncertainty in laws – frequent amendments.
• Politico - bureaucratic-corporate nexus.
• Cases pertaining to politicians take too long for disposal.
• Haryana - Members of local bodies have minimum qualification, but not MLA’s and MP’s.
• Power abuse – ICICI – Chanda Kochhar.
• Politicians living in government bungalows do not vacate on time, despite their term ending. There is a crucial difference between "rule by law" and "rule of law." In many countries, laws and legal institutions are being manipulated to undermine rather than uphold the rule of law, even as governments wrap their actions in "rule of law" rhetoric.
• Coastal regulation zone amendment.
• Relaxation of “Restricted Area Permit.”
• Cancellation of coal (nationalization) act to increase private investment in mining.

Supreme court has observed that the public officials are answerable to law and law alone. Objectivity, impartiality, transparency and other values which are the foundational values of civil services hinges on the implementation of Rule of Law. Thus, Rule of law helps as a directing light to the government and civil servants in fulfilling their duty.

Case Studies for Practice

Case 1: Last year, Delhi witnessed an unprecedented clash between police personnel and lawyers, following an argument over parking at the Tis Hazari Court complex. In the aftermath, the blockade of the Delhi police headquarters by its personnel and the disruption of courts almost led to a governance breakdown in the national capital. It also led to violence in which people from both sides were injured and public property was damaged. Such kind of ego clashes and emotional bursts are usually not expected from the professionals. What in your opinion are the major causes behind this incident? Suppose you are the Commissioner of Delhi police. What steps you can take so that such incident is not repeated? The case highlights the poor state of moral conduct in important public institutions. It also shows the increased use and acceptance of violence in public discourse. Major causes behind this incident

• Negative emotion of anger drives irrational behaviour. Gandhiji said that anger is the enemy of correct thinking.
• Lack of fully developed conscience – professionals fail to realise the importance of moral conduct in public.
• Professionals may think that mob violence will protect individuals from punishment.
• Negative attitude of lack of respect for law and institutions.
• Absence of ethical ecosystem.
• Poor implementation of laws Steps to be taken to stop such incidents

1. Immediate measures
(a) A fact-finding team must be constituted, and strict action must be taken on gross violators and destroyer of public properties.
(b) CCTV camera must be installed at important public places.
(c) Appeal must be made to stop the inter-institutional friction to ensure efficient public service.

2. Long term measures
(a) Institutionalizing ethical training to encourage selfintrospection, self-awareness, and self regulation.
(b) Better work culture and attitude formation at workplace by having democratic institutional values.
(c) Revising code of conduct to put requirement of strict moral behaviour by public servants.
(d) Institutionalizing dialogue between police and lawyers at regular intervals.

Rule of law must be enforced in public discourse. Democracy cannot be allowed to supersede by mobocracy. Public servant must not take the law in hand. We must create a democracy where Thomas Fuller's words, “Be you ever so high but the law is always above you”, comes true.

Case 2:  Divorce rates have spiked recently in India. Though, they are still low in comparison to many other countries, yet they have become a matter of concern for Indian society. Divorce petitions have gone up manifold and most are being sought over spur-of-the-moment emotion outburst, and in some cases over trivial, issues. Reasons for divorce have also changed from the past. Such negative developments are deteriorating the basic fiber of the social institution of marriage. Analyse this problem in detail from different perspectives and indicate various social, psychological and economic factors responsible for this problem? Also, distinctly bring out –

• Why divorce rates are high, especially in urban areas, when compared to rural areas.
• Why divorce rate is high even in the cases of love marriages.
• What steps can be taken to stop couples from taking such strong decisions.

Marriage in India has the sanctity attached to it - an element of divinity in it. However, now the institution of marriage is undergoing change: 

• Individualistic, materialistic and self-oriented goals over family well-being.
• Tolerance threshold seems to have moved down while the egos of individuals have risen remarkably.
• The societal stigma attached to divorce is also diminishing.
• Priority of job over relationship
• Psychological tiredness - Couples are now getting mentally fed up with their spouse.

(a) Some of the major reasons for increasing rate of divorce in urban areas, as compared to rural areas are:

• Fast paced lifestyle of couple leading to less development of understanding and hence incompatibility issues.
• Economic independence of urban women allows them to move out of abusive marriages.
• The traditional counselling support to couples is missing in nuclear families.
• Work stress leads to frequent fights at home.
• Changing gender roles in cities leads to frequent fights.

(b) The divorce rate is high even in case of love marriage, because of the following reasons:

• Expectations Vs reality: When couples are in love, lots of positive attitude develops towards marriage. But, after marriage they realize the hard truth of relationship. Arranged marriages have much lower expectation, so they tend to survive.
• Arranged marriages have a firm root in society and culture. Couples get family support. But in love marriage this is missing.
• Unrest and inner dissonance are high as many a times such marriages are done against the wishes of family.

(c) Some of the steps which can be taken to prevent couples from taking such strong decisions are:

• Understanding balance between work life, social life and personal life.
• Formal and informal counselling professional expert counsellors and family members of the couple.
• Bridging communication gap.
• Transparency and trust development.
• Spending quality time together.
• Sorting out differences, by making slight adjustments in thinking and lifestyle.
• However, despite the new strains on the marriage and the increasing number of divorces, the faith in marriage as an institution remains unshaken in our society.