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

Ban on Liquor

Why in news:

• A recent incident of the consumption of illicit alcohol in Bihar resulted in the loss of multiple lives and caused severe illness and blindness in many others.

Background of Liquor Ban in India

Attempts at Prohibition:

• Mahatma Gandhi's influence on the perception of alcohol consumption in India and subsequent attempts at prohibition.
• Article 47 of the Indian Constitution, which reflects the view of alcohol consumption as an undesirable evil.

States with Prohibition:

• Five states have total prohibition on alcohol, and some have partial prohibition.
• Gujarat has had prohibition in place since May 1960, but the liquor trade persists through the black market.

The Indian Constitution's View of Alcohol

Directive Principles of State Policy (DPSP) (Article 47):

• The Constitution mentions that the State should work towards prohibiting the consumption of intoxicating drinks and drugs that are harmful to health, except for medicinal purposes. Although these principles are not legally enforceable, they aim to establish conditions for citizens to lead a good life. Hence, alcohol is regarded as an undesirable evil that requires regulation.

Seventh Schedule:

• The Seventh Schedule of the Constitution designates alcohol as a state subject. This means that state legislatures have the right and responsibility to create laws regarding the production, manufacture, possession, transport, purchase, and sale of intoxicating liquors. As a result, alcohol laws vary from state to state, ranging from complete prohibition to private sale.

Challenges of Banning Alcohol in States

Reasons for Not Banning Alcohol:

• The Constitution aims to prohibit alcohol, but many states find it challenging to implement this goal.
• Liquor revenues make up a significant portion of state governments' income.
• Maharashtra's liquor revenue was Rs. 11,000 crore in April 2020 during the COVID-19 lockdown compared to Rs. 17,000 crore in March.

Impact of Liquor Revenues on States:

• Liquor revenues are a crucial source of income for state governments.
• States rely on liquor sales taxes to fund various projects and programs.
• The loss of liquor revenues could lead to a financial crisis for state governments.

Challenges in Implementing Alcohol Ban:

• Enforcing a ban on alcohol can be difficult due to the presence of bootleggers and underground markets.
• Bans can lead to an increase in the production and consumption of spurious liquor, which can be harmful.
• Bans can also lead to an increase in organized crime and corruption.

Alternatives to Alcohol Ban:

• Some states have implemented measures such as higher taxes, limited sales hours, and restricted sales in certain areas.
• These measures aim to discourage alcohol consumption without banning it completely.
• However, these measures may not be as effective in reducing alcohol-related harm as a complete ban.

Pros and Cons of Prohibition

Pros:

• Evidence linking alcohol with domestic abuse or domestic violence.
• Crimes against women have declined in Bihar.

Cons:

• Prohibition strengthens organized crime groups and can lead to the distribution of spurious liquor.
• Prohibition disproportionately affects poorer sections of society.
• Prohibition can create a burden on the judiciary.

Way Forward

A Nuanced Approach is Needed:

• Coordinated action between multiple stakeholders is required to achieve an effective and sustainable alcohol policy.

Regulating Liquor:

• Rules on drunken driving and liquor advertisements can be tightened.
• Compulsory labeling on the dangers of excessive drinking can be mandated.
• Behavioral counseling and education campaigns can be launched to help people make informed choices about their lifestyles.

Macolin Convention

The Interpol's Match-Fixing Task Force (IMFTF) recently held its 12th meeting, and the Central Bureau of Investigation (CBI) was among its participants. The meeting ended with a demand for united worldwide actions to prevent match-fixing.

Highlights of the 12th Meeting of Interpol's Match-Fixing Task Force (IMFTF)

Discussion on Emerging Use of Technology:

• During the meeting, the participants discussed the growing use of technology, big data, and social media in sports betting and markets by criminal syndicates.

Tried and True Methods of Manipulation:

• The members of the task force also acknowledged that match-fixers still rely on traditional methods of manipulation, such as targeting athletes' entourages and grooming young players. They emphasized the importance of education in combating these practices.

Improving Intelligence Sharing:

• Various mechanisms were deliberated upon to enhance intelligence sharing, including the establishment of national platforms, as mentioned in the Macolin Convention. These platforms aim to centralize and analyze information on suspicious and irregular trends.

Macolin Convention:

• The Council of Europe Convention on the Manipulation of Sports Competitions, also known as the Macolin Convention, is a multilateral treaty aimed at preventing match-fixing. It became effective on September 1, 2019.

Trial by Media

Why in news:

• The Chief Justice of India (CJI) recently expressed concern over the media's agenda-driven debates and kangaroo courts, stating that they are detrimental to democracy.

Overview of Trial by Media

• Trial by media refers to the impact of media coverage on a person's reputation, creating a perception of guilt or innocence before or after a court verdict.
• This phrase became popular in the late 20th and early 21st centuries with the rise of television and newspaper coverage.

Instances of Trial by Media:

• There have been several instances in recent times where media outlets have conducted trials of accused individuals, passing verdicts before the court.

Constitutionality of Trial by Media:

• The term 'media trial' is not explicitly defined in any law or legislation.
• However, the media is indirectly granted this power through Article 19 of the Indian Constitution, which guarantees freedom of speech and expression to all individuals.

Implications of Trial by Media

• Affects Judicial Functioning:
  • Media trials, ill-informed debates, and biased opinions affect the functioning of the judiciary and hamper justice delivery.
  • Campaigns against judges on social media also affect judicial functioning.
  • Media trials should not be a factor in deciding cases.
• Instigate Hatred and Violence:
  • Paid news and fake news manipulate public perception and incite hatred, violence, and disharmony among communities.
  • False presentation of truth affects people's perception and opinions.
• Wrongful Portrayal:
  • Media can reveal information that should be kept confidential and lead to wrongful portrayals of the accused.
  • Media trials destroy careers even when the accused are not yet proven guilty in court.
• Not Good for Democracy:
  • Media breaching responsibility affects the democratic system, people, and society.
  • Print media has more accountability than electronic media, which has none.
• Unable to Distinguish Fake and Real:
  • New media tools amplify news without distinguishing between real and fake, leading to a wrong perception of the accused.
• Right to privacy:
  • Media intrusion into the personal lives of the accused violates the right to privacy guaranteed under Article 21.

Way Forward for Responsible Journalism

• Limit media's role to acts of journalism and not that of a special agency for the court.
• Use media as a platform to raise issues faced by the public and to be the voice of those who cannot speak for themselves.
• Uphold the code of laws, ethics, social responsibility, and credibility of media by refraining from interfering in court matters.
• Avoid biased reporting against any community or individual.
• Do thorough research, keep a check on high-profile cases, and find evidence to uncover the truth.

Regulation of Media in India

Introduction:
The media and entertainment sector in India is regulated by the Cable Networks Act, 1995 and the Prasar Bharti Act, 1990. The Ministry of Information and Broadcasting and Prasar Bharti regulate these acts.

Bodies for media regulation in India:
(i) Press Council of India: Its main objective is to preserve press freedom and maintain and improve the standards of newspapers and news agencies in India.
(ii) News Broadcasting Standards Authority: It is an industry body created by the News Broadcasters Association (NBA) to maintain and improve the standards of news broadcasting.
(iii) Broadcasting Content Complaints Council: This council is responsible for dealing with complaints against entertainment and general segment television programmes.
(iv) News Broadcasters Federation: It was created by those who left the NBA, and its aim is to represent the interests of the news broadcasters in India.

Case Study - 1: Ensuring Fair Elections as a District Collector

As a District Collector, you have been tasked with ensuring fair elections in your city, which are just a week away. However, a sudden emergency arises when your mother has a heart attack and needs to be admitted to a hospital in your home district, which is 250 kms away. As the only child, you want to be with your mother and family during this critical time. However, your request for emergency leave has been denied by the Election Commission. What would you do in such a situation?

This scenario presents a difficult ethical choice between personal and administrative responsibilities, both of which require immediate attention. To address this situation, I would take the following actions:

Firstly, I would visit my mother as soon as possible after work and try to return the same day. I would request regular updates from the doctor about her condition and communicate with my seniors in the government to arrange for a medical attendant for my mother.

Since the hospital is only 250 kms away, I would try to visit my mother during the quieter periods of electoral preparation, with permission from the Election Commission.

During my absence, I would keep the Election Commission informed of my whereabouts and ensure that my subordinates and colleagues are aware of their duties and work to ensure smooth preparation and execution of the elections.

To maintain the appearance that I am in the city, I would inform only selected colleagues of my absence from the city.

I would remain in constant communication with all concerned parties and stakeholders throughout this period.

To make my mother feel more comfortable during this difficult time, I would stay in touch with her regularly and use technology such as Skype for video chats, and ensure that the best doctors in the district are attending to her.

Overall, I would strive to balance my personal and administrative responsibilities to the best of my abilities, while ensuring that the elections are conducted in a fair and transparent manner.

Case Study – 2: Balancing Resident Welfare with Labourer's Rights

You are a Station House Officer responsible for a police station in an area where there have been several incidents of theft, some of which have occurred during the daytime. The Resident Welfare Association (RWA) has accused the labourers living in the night shelters of being responsible for these crimes.

The night shelters were established by the police to provide homeless people with a safe place to sleep at night. Although the police have records of everyone staying at the night shelters, including their names and identification proof, they do not have information on whether any of them have criminal records.

As the investigation into the thefts continues, the RWA is demanding that the night shelters be dismantled, and the labourers be evicted from their homes. What are your options, and what is the best course of action?

Possible options available to you as the Station House Officer are:

(i) To dismantle the night shelters, as demanded by the Residents Welfare Association.

(ii) To request that the members of the association wait for the investigation reports before taking any definitive action.

(iii) To provide additional security in the affected area to assuage their concerns.

(iv) To summon all the labourers and threaten them with eviction if they do not provide information about the thefts.

(v) To ignore the demands and continue with the investigation.

(vi) In the long run, seek the cooperation of the welfare association to enhance the security arrangements in the area and suggest the installation of CCTV cameras by the local urban development office or municipality.

Option (i) may provide immediate relief, but without conclusive evidence, it would be unjust to displace the shelter residents. Punishing the entire community for the actions of a few, even if it is later proven that some of the shelter inmates are involved, would be unfair.

Option (ii) is desirable, but may be difficult to achieve due to opposition from the RWA.

Option (iii) is not legal, but could be considered if any links are found between some of the labourers and the recent thefts. However, any threats should only be directed at the prime suspects, and should be limited to the investigation.

Option (iv) is legally correct but morally wrong for a Station House Officer, whose responsibility is also to address the genuine concerns of residents and maintain the credibility of the police.

Option (v) may be applicable once the case is solved.

Since no conclusive evidence is available against the labourers, no legal action can be taken against them. An investigation should be initiated immediately, and in the meantime, the best course of action would be to implement option (ii) by communicating with the association members and providing additional security to them. Once the case is resolved, long-term measures, such as seeking the cooperation of the welfare association to enhance security and suggesting the installation of CCTV cameras, can be implemented.

Case Study - 3: Dealing with Sexual Harassment in the Workplace

As a team lead, you receive a complaint from Mrs. X, a junior member of your team, about Mr. A, another member of your team, making inappropriate advances towards her. This is a serious issue as it can harm the company's reputation and create a sense of insecurity among female employees. In order to resolve the crisis, it is important to take immediate action.

The first step should be to set up an independent panel, preferably with women members, to impartially investigate the allegations. The Vishakha case guidelines can provide a framework for this process. Additionally, Mrs. X can be transferred from Mr. A's team to ease the situation.

Since Mr. A is a competent employee, serious penal measures should not be taken unless the investigation proves him guilty. However, cautionary measures such as asking him to go on leave can be taken during the investigation. It may also be useful to inquire about Mr. A's behavioral patterns with other female employees in the company.

If Mr. A is found guilty, he should be terminated immediately. The credibility of the company is more important than an employee's productivity. Respect for women is a cardinal principle that should not be compromised.

If the charges against Mr. A are found to be false, he should be immediately reinstated and an apology offered to him. Mrs. X should face penal action.

In the long run, measures such as installing CCTV cameras in the workplace and appointing women group leaders in teams can send a strong message that gender is not a barrier to promotion. Organizing gender sensitization camps can also create awareness about female rights among employees.