Ethics: June 2023 UPSC Current Affairs | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly PDF Download

Custodial Torture and Ethical Concerns 

Why in News?

Recently, the Delhi High Court has upheld the conviction and 10-year sentence (awarded in 2019) of five Uttar Pradesh policemen for Custodial Torture of a 26-year-old man causing his death in 2006.

What is Custodial Torture?

• About:
  • Custodial torture is the infliction of physical or mental pain or suffering on a person who is in the custody of the police or other authorities.
  • It is a grave violation of human rights and dignity and often leads to custodial deaths, which are deaths that occur while a person is in custody.
• Types of Custodial Death:
  • Death in Police Custody: Can result from excessive force, torture, denial of medical care, or other forms of abuse.
  • Death in Judicial Custody: May occur due to overcrowding, poor hygiene, lack of medical facilities, inmate violence, or suicide.
  • Death in the Custody of Army or Paramilitary Forces: Can happen through torture, extrajudicial killings, encounters, or crossfire incidents.

What are the Ethical Arguments against Custodial Torture?

• Violates Human Rights and Dignity:
  • Every individual possesses inherent dignity and should be treated with respect and fairness. Custodial violence violates this fundamental principle by subjecting individuals to physical and psychological harm, stripping them of their dignity, and denying them the basic Human Rights.
• Undermines Rule of Law:
  • Custodial violence undermines the principles of the rule of law and due process.
  • Law enforcement officers have a duty to uphold and enforce the law, but engaging in violence contradicts the very principles they are meant to uphold - justice, equality, and protection of human rights.
• Presumption of Guilty:
  • Custodial torture undermines the principle of "innocent until proven guilty”. Torturing individuals before they have been convicted of a crime violates their right to a fair trial and due process.
  • It is the responsibility of the justice system to determine guilt or innocence, not to inflict punishment through torture.
• Against Professionalism and Integrity:
  • Police officers and authorities are expected to adhere to high ethical standards, including professionalism, integrity, and respect for human rights.
  • Custodial violence violates these ethical principles and tarnishes the reputation of the profession as a whole.
• Targets Vulnerable Individuals:
  • Custodial violence often targets individuals who are already vulnerable, such as suspects, detainees, or prisoners. This includes marginalised populations, minorities, or those lacking social power.
  • Ethically, it is crucial to protect and support the rights of these vulnerable individuals rather than subjecting them to further harm.
• Betrays Legal and Moral Responsibility:
  • Law enforcement officers and authorities have a legal and moral responsibility to protect the welfare and rights of those under their custody. Engaging in violence or abuse represents a betrayal of this responsibility and a violation of the ethical obligations inherent in their roles.

Way Forward

• Strengthening legal systems involves enacting comprehensive legislation that explicitly criminalizes custodial torture, ensuring prompt and impartial investigations, these measures can be taken to combat custodial torture.
• Police reforms should focus on training programs that emphasise protection of human rights besides maintaining professionalism and instilling empathy.
• Oversight mechanisms should be established to monitor and address such cases effectively.
• Civil society and human rights organizations should advocate for victims, provide support and legal assistance, and collaborate with international bodies for redress and justice.

Neurotechnology and Ethics

Why in News?

The United Nations Educational, Scientific and Cultural Organization (UNESCO) is organising an international conference in Paris, France to address the ethical implications of neurotech devices that collect brain-wave data.

• This conference aims to establish a global ethical framework to ensure individual freedom of thought, privacy, and protection of human rights.
• With the growing potential of neurotechnology to address neurological problems, concerns have been raised regarding its impact on personal identity and privacy.

What is Neurotechnology?

• Neurotechnology is defined as the assembly of methods and instruments that enable a direct connection of technical components with the nervous system. These technical components are electrodes, computers, or intelligent prostheses.
• They are meant to either record signals from the brain and “translate” them into technical control commands, or to manipulate brain activity by applying electrical or optical stimuli.
  • From bioelectronic medicine that improves the quality of life to brain imaging that revolutionizes our conception of human consciousness, this technology has helped us to address many challenges.
• Neurotechnology encompasses all technologies developed to understand the brain, visualise its processes and even control, repair or improve its functions.

What are the Ethical Concerns Related to Neurotechnology?

• Privacy Issues: The use of neurotechnology can potentially reveal highly personal and sensitive information about an individual's thoughts, emotions, and mental states.
  • Combined with artificial intelligence, its resulting potential can easily become a threat to notions of human dignity, freedom of thought, autonomy, (mental) privacy and well-being.
• Cognitive Enhancement and Inequality: Neurotechnologies aimed at enhancing cognitive abilities raise concerns about fairness and equality.
  • If these technologies become available only to a privileged few or exacerbate existing social inequalities, it could lead to an unfair advantage for certain individuals or groups, creating a "cognitive divide" in society.
• Psychological and Emotional Impact: The ability to manipulate or access brain activity raises ethical concerns regarding the psychological and emotional impact on individuals.
  • For example, deep brain stimulation or neurofeedback techniques may have unintended consequences or side effects on an individual's mental well-being, personal identity, or autonomy.

How can the Ethical Concerns Surrounding Neurotechnology be Resolved?

• Informed Consent: Ensuring that patients have a comprehensive understanding of the risks, benefits, and potential outcomes of neurological interventions is crucial.
  • Healthcare providers should engage in transparent and thorough discussions with patients, providing them with the information necessary to make informed decisions about their treatment options.
• Ethical Review Boards: Establishing independent and multidisciplinary ethical review boards can help evaluate the ethical implications of neurology research and interventions.
  • These boards should consist of healthcare professionals, ethicists, legal experts, and patient advocates who can assess the potential benefits, risks, and ethical implications of proposed interventions.
• Maintaining Privacy and Confidentiality: Safeguarding patient privacy and confidentiality is of utmost importance in neurology.
  • With the advancement of technologies like brain-computer interfaces and deep brain stimulation, it is crucial to implement robust privacy protocols and ensure that patients' sensitive information is protected.
• Equity and Access: Ethical concerns can arise when access to neurological treatments and interventions is limited by factors such as cost, geographic location, or social disparities.
  • Efforts should be made to promote equity and ensure that these interventions are accessible to all individuals who can benefit from them, regardless of socioeconomic status.

Case study 1

Environment v/s Development
Industrial chemicals are produced on a big scale by a conglomerate. It suggested establishing a second unit. Due to its negative impact on the environment, many states rejected this proposal. But one state government acceded to the request and permitted the unit close to a city, brushing aside all opposition. Further, the unit was set up 10 years ago and was in full swing till recently. The pollution caused by the industrial effluents was affecting the land, water, and crops in the area. It was also causing serious health problems to human beings and animals. This gave rise to a series of agitations demanding the closure of the plant. In a recent agitation, thousands of people took part, creating a law-and-order problem necessitating stern police action. Following the public outcry, the State government ordered the closure of the factory. The closure of the factory resulted in the unemployment of not only those workers who were engaged in the factory but also those who were working in the ancillary units. It also very badly affected those industries which depended on the chemicals manufactured by it.
As a senior officer entrusted with the responsibility of handling these issues, how are you going to address it? 
Solution:

Approach

• Briefly introduce the ethical issue involved in the above case.
• Discuss about various stakeholders and ethical dilemmas involved in the case.
• Discuss your course of action as a senior officer.
• In conclusion, choose a way forward to resolve the issue.

Introduction

• The case involves the conflict between public health and environment safety v/s livelihood of people. It requires proper balance between environmental ethics and developmental ethics.

Body

• Stakeholders involved in the case are as under:
  • Me as a senior officer who is responsible to solve this case,
  • People living in the area,
  • Employee of the closed factory,
  • Ancillary units,
  • State government which gave permission to set up industrial unit,
  • MLA/MP of the area
• Ethical issues involved:
  • Emotional Intelligence: It would help senior officer in handling the difficult situation arising from the above case.
  • Empathy: It is an awareness of the needs and feelings of others both individually and in groups and being able to see things from the point of view of others.
• Ethical dilemmas involved:
  • Environmental responsibility v/s development: There is a conflict between development and saving nature from degradation due to setting up of industrial unit.

Course of action

• My course of action:
  • My plan would be to look for solution that will keep the factory running under better environmental conditions as well as keep the jobs of the people.
  • I would firstly visit the factory to analyze what were the issues that led to the factory closure. I would try to see if the factory could be modified with advance equipment that does not harm the nearby environment.
  • If the conditions are good for modification, I would request for a special group of experts who can look for solutions for developing the factory under acceptable conditions.
  • When the plans of modification worked well and environmental degradation is reduced, then I would need to convince the people for their approval for this project to go ahead. I would then provide them with proof so that they trust the administration.
  • The factory administration would need to make the changes according to the environmental standards. If the factory does not have any funds, I would consider providing them with necessary resources in short term as a loan so that they can go ahead with the approved plan.
  • In a scenario where no modification can be undertaken, then I would brainstorm alternative plans, so that people do not suffer. This can be done through setting up of another industry that is less polluting.
  • If no such industry is set up, I would have to take steps that can allow the job losers to attain financial security. This can be done through transferring them to other industries as per their requirements and further, supporting them with self-employment opportunities by providing them with loans to set up small cooperative industries or small business.
  • I would be conducting an investigation to find out whether environmental rules were flouted while giving permission to set up factory ten years back or there are any loopholes in the state’s Environmental Impact Assessment norms which were used by company. At the same time the inspection should be done to find out that other companies are not flouting norms and polluting the environment.
  • Alternatively, I may order the shutdown of the industrial unit due to public outcry, then it would be short sighted solution as, it would shift the problem to some other place and consequently putting the health of people there at risk rather than providing a sustainable solution for the existing problem.
  • However, this option is not viable and best course for action.

Conclusion

Thus, my final course of action would be combination of the first and second option where both people’s employment and environmental pollution are given focus. Further, if both the issues are addressed then I would consider this a successful operation.

Case study 2

Personal relations vs Ethical values
Pawan is pursuing MBA and shares a room with you in the private hostel. He desperately needs a job after completing his course because of educational loan and weak economic background. In his last two semesters, he couldn’t secure good grades due to serious illness. In current semester he has to secure good marks at any cost to satisfy minimum criteria for placements. Few days before the final semester exam, he comes to you and asks for money. He is stressed and nervous. He tells you about his plan to purchase semester papers to clear the exam and convinces you for the same by giving reference to his bad health, family status and his education loan. In such circumstances, would it be right to lend money to him?
(a) Identify the moral dilemma faced by you.
(b) Analyse your role and duties as a friend, also suggest your course of action.
Solution 
The given case tests the ability of a person to stick to the right means even in difficult circumstances in life. One needs to balance his role as a true friend by making Pawan realize his mistake and simultaneously helping him in other ways.
(a) Moral dilemmas faced:

• Means v/s Ends: Taking incorrect means of giving Pawan the money to buy the semester papers to attain the ends of getting good grades which would allow him to sit for placements.
• Social obligation v/s moral righteousness: Supporting one’s friend in need or adhering to one’s conscience by not giving him money.

(b) Roles and duties as a friend:

• A true friend is one who shows the right path. He is one who not only tells ‘what is’ rather ‘what ought to be’. Hence, he is a true friend, philosopher and guide for lifetime.
• He shows the emotional support, empathy, trust, and mutual cooperation in the hardest of times.
• He encourages and motivates others and imbibes confidence in them so that the hidden talent and capabilities can be revived.

Conclusion

• As suggested by Gandhiji, we always have control over the means but not over the end. As quoted in his book ‘Hind Swaraj’, “one should not expect rose flowers by sowing the seeds of Babool.” Hence, Pawan should adhere to the correct means by not cheating for the sake of passing the exam.
• Also, one can only expect short term gains by following incorrect means. But in the long run, it is always one’s righteousness, ideal conduct, and truth which lead to a successful life.
• Hence, Pawan should be made to realize that excellence is a way of life and in his long career ahead, it will always be his ‘ethical conduct’ which would allow him to steer the path towards success.