Ethics (CAs)

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9.

ETHICS
9.1. CORRUPTION AND CIVIL SERVICES IN INDIA
Introduction
“FCI corruption case: CBI searches 19 more locations”, “CBI
arrests 7, in Rs 50 lakh bribery case” and many other
corruption instances with involvement of public servants
have been found.
In this context, the Supreme court of India recently ruled that
a public servant can be convicted for illegal gratification in a
corruption case on the basis of circumstantial evidence when
there is no direct oral or documentary evidence against
them.
What is Corruption?
One of the simplest definitions of corruption (also used by World Bank), it is the abuse of the public power for private
benefit.
Alternatively, it can also be defined as receiving, asking for or giving any gratification to induce a person to do a favour
with a corrupt intent.

Causes of corruption among civil servants


• Remuneration issues: The problem of lower pay in the civil service (compared to private sector) is accompanied by
inadequate differentials between the highest and lowest grades.
o In the face of perceived parity with their private sector counterparts, higher-level civil servants in the civil service
may be tempted to augment their pay by illicit means.
• Cultural acceptability of corruption: Across the board acceptability for corruption in some form or the other among
businesspeople, politicians, and citizens indirectly pushes their conformation to the system.
• Insufficiency of All India Services (Conduct) Rules, 1968: The rules mention the idea of integrity, merit, impartiality
among others. But their limited elaboration, lack of enforceability and overall absence of a dedicated Code of Ethics
underscores the importance of ethical conduct.
• Opaque Regulations and high discretion: The existence of numerous regulations which are opaque and discretionary
in nature, provide an opening to engage in corrupt practices. Exploitation of these powers is further encouraged by
external elements.
• Colonial Legacy of Unchallenged Authority: In a society that has had a subservient equation with power, it is easy for
public officials to deviate from ethical conduct.
• Politicization of the Civil Service: Politicization of the civil services compromises the value of neutrality in the civil
services. Further, it may lead to biased decision making, exchange of favours among others.

118 www.visionias.in ©Vision IAS


Consequences of Corruption
Impact on governance Impact on the society
• Misutilization of resources: Corruption leads to the • Exacerbates inequality: Corruption leads to growing
misutilization of public resources by a public authority which inequality. This deprivation leads to a sense of injustice
directly impacts service delivery and leads to the squandering of amongst the deprived, thereby leading to resentment,
public money. anger, and hatred among different strata of society.
• Abuse of power: Corruption leads to diminishing of the • Reverses role models: Corruption creates an enormous
Constitution and democratic institutions amounting to a wilful asymmetry of power which reduces societal pressure to
violation of the oath of office and abuse of authority. conform to ethical behaviour and makes it easy to
• Unholy nexus of corrupt officials and criminals: It leads to indulge in further corruption.
violation of laws, poor quality of service, lack of protection from • “Chalta-hai” attitude: Corruption is viewed as a means
lawbreakers on political, group, class, communal, or caste to get the bureaucratic machinery to move forward and
grounds, partisan interference in the investigations of crimes, enrich oneself at public expense.
etc. • Impacts political discourse: Corruption acts as an
• Compromises the capacity of the State: Corruption puts irresistible magnet that draws criminals to politics, thus
pressure on the financial resources of the State, which adversely influencing political discourse, which in turn, impacts
affects the welfare projects/programs of the government. the social fabric and incentivizes more people to adopt
• Violation of trust: Civil servants are entrusted with serving the the route of corruption.
public and managing public resources. When they engage in • Obstruction of Justice: Rich and well-connected people
corruption, they violate the trust of citizens and undermine the do not face justice or penalties for serious infractions
integrity of the government and civil servants. by circumventing the law.
Recent government measures for checking corruption Other Acts to deal with corruption
• Transparent citizen-friendly services: • Indian Penal Code, 1860
o Direct Benefit Transfer initiative. • The Prevention of Corruption Act, 1988
• The Benami Transactions (Prohibition) Act, 1988
o E-tendering in public procurements
• The Prevention of Money Laundering Act, 2002
o Government procurement through the Government e-
• The Foreign Contribution (Regulation) Act, 2010
Marketplace (GeM)
• The Right to Information Act, 2005
o Focusing on e-Governance
• Discontinuation of interviews in the recruitment of Group ‘B’
(Non-Gazetted) and Group ‘C’ posts in the Government of
India.
• Invocation All India services (DCRB) Rules, 1958 for retiring
officials from service in public interest whose performance
has been reviewed and found unsatisfactory.
• Central Vigilance Commission (CVC) recommended the
adoption of the Integrity Pact to organizations in major
procurement activities.
o An Integrity Pact is both a signed document and
approach to public contracting which commits a
contracting authority and bidders to comply with best
practice and maximum transparency.
• The Lokpal and Lokayuktas Act, 2013: The institution of
Lokpal has been operationalized by the appointment of
Chairperson and Members.
• The Prevention of Corruption Act, 1988 has been amended
to criminalize the act of giving bribes.
• ‘Mission Karmayogi’ with the aim to build a citizen-centric and future-ready civil service for the nation.
Way forward
• Emphasize Value-based Training: It is important to emphasize value-based training to all civil servants to ensure
probity and integrity in public life. For instance, the techniques such as integrity testing or code of conduct and
training programs can be used here.
119 www.visionias.in ©Vision IAS
o It is a technique to detect individuals who are prepared to accept a bribe, or another inducement, to act corruptly
by doing something that they are required to do in their position.
• Legal and Regulatory reforms: Legal and administrative reformation to ensure that discretionary powers are
minimized and there are clear accountability systems for civil servants.
o This includes development of governance systems and regulations which are citizen centric in nature.
• Institutional reforms: Strengthening the law enforcement agencies such as the CBI, CVC, Courts, and Lokpal among
others. This includes removing external pressures of these institutions such as political pressure, financial
dependencies etc.
• Enhancing the use of technology: The use of technology such as blockchain, AI, and e-governance can help to reduce
opportunities for corruption by increasing transparency and accountability in government operations.
• Performance evaluation and management: Regularly evaluating and managing the performance of civil servants can
help to identify corrupt practices. This will create active deterrence for corruption among civil servants.
• Responsibilities of Citizens: Corruption is not an act in isolation but is executed as part of a system which involves
citizens and businesses along with civil servants. In this light, it is important that they are sensitized regarding the ill
effects of corruption and actively discouraged from
partaking it.
Conclusion
In the long run, Prevention of corruption can only be
eliminated if corruption can be made culturally
unacceptable. For reformation of the culture, it is
important to uphold, imbibe and nurture the right
values among Civil Servants.

120 www.visionias.in ©Vision IAS


Part TWO

Ethics, Integrity
& Aptitude
Coverage from varied sources
Ethics, Integrity & Aptitude

GANDHIAN PERSPECTIVES ON ETHICS


#Ethics #Integrity #Aptitude

It is the duty of all leading men, whatever their power of love, compassion, truth, non-violence, even
persuasion or party, to safeguard the dignity of India’’, many of his close friends raised their eyebrows. His plans
said Gandhi, a month before his assassination. to take on non-violently the mightiest of the Empires of
It goes to the credit of Gandhi that he evolved a the day, many doubted his wisdom. His claim that India
philosophy and lifestyle which was permeated with could win the freedom without resorting to violence and
ethical, moral, spiritual insights and scientific truth. He war, it looked laughable. His ideas were described
did not see any difference in them and what he asserted impractical, naive, or even dubbed as ‘A Mid-Summer
in his autobiography, ‘What I want to achieve–what I have Night’s Dream’. Undisturbed by these barbs, Gandhi
been striving and pining to achieve these thirty years–is pursued his ‘Experiments with Truth’ with the precision
self-realisation, to see God face to face, to attain and devotion of a scientist. He was guided by the
Moksha’, reveals the ethical, moral and spiritual teachings of Gita and the assertion of Thoreau who
foundations of his striving all through. wrote, “I know of no more encouraging fact than the
unquestionable ability of man to elevate his life through
Gandhi’s twenty-one years of work in South Africa and
conscious endeavour”.
thirty-two years of campaigns subsequently in India for
mass awareness and political freedom authentically What is important is the ability of every human being to
restated the profound relationship between the spiritual nurture their spirit and inner resources and allow to
and the material, the ethical and moral texture of our transcend the walls and fences that hold them captive.
civilisation. Whoever can assert their mental and spiritual freedom
will eventually emerge as liberated souls. John Milton’s
SCIENCE AND TECHNOLOGY VS MORAL AND ETHICAL
words corroborate this, “The mind is its own place, and in
FIBRE OF THE INDIVIDUAL
itself can make a heaven of hell, and a hell of heaven”.
Gandhi continues to challenge many postulations and
SPIRITUAL, MORAL INSIGHTS & SCIENTIFIC TRUTH
keeps on reminding humanity that there is a ‘truth’
beyond all what we perceive and hold to be ‘truth’. By Gandhi was not interested in the argument whether
making truth as the axis of all his endeavours, Gandhi religion is forerunner of science or science has always
was seeking the spirituality of truth itself which is the been nurturing religion or religion and spirituality are
very basis of science. He thereby convincingly challenges older to science. He could see how science outgrew the
those who espouse the notion that spirituality and importance of religion in the life of individuals as more
science need to be at war with each other. and more intelligent men of science and technology
devoted their time in unravelling and developing
Here, Gandhi outgrows the condescending position of a
scientific truth and capability. The champions and
social scientist and revolutionary thinker and social
custodians of the spiritual domain relapsed into just
activist that was assigned to him by commentators and
meditative and contemplative lifestyles thereby
historians. If science is ‘truth-seeking’, by making his life
becoming status quoists. Science and technology with its
“Experiments with Truth”, Gandhi went far beyond the
manifold focus and application came into the daily life of
traditional parameters of classifications. their centres”.
people with surprising and hitherto unbelievable results.
Just like science and scientists, who believe that there is The primacy of religion steadily eroded while science
nothing impossible in life, Gandhi held on to truth like a forged ahead with unstoppable speed and energy.
baby clinging to its mother. When he emphasised the

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Ethics, Integrity & Aptitude

SATYAGRAHA: BLENDING OF ETHICAL, MORAL, of Gandhiji’s religious humanism which was rooted in
POLITICAL, SOCIAL AND RELIGIOUS CONCERNS ethical, moral and spiritual considerations.
Gandhi’s seminal contribution lies in blending science Spiritual living is responsible living. Gandhi said, “I am
and spirituality as revealed in the philosophy and responsible not only for myself but for all of you just as
practice of Satyagraha. Satyagraha, as enunciated by all of you are responsible for me. When we live truly
Gandhi, seeks to integrate spiritual values, community selfless life, we never think in terms of personal profit or
organisation and self-reliance with a view to empower pleasure but always in terms of global prosperity and
individuals, families, group, villages, towns and cities. world peace. For even these grand goals ultimately
Robert Payne in his perceptive study on Gandhi remarks, depend not on government but on selfless efforts of little
“Gandhi was continually experimenting with truth and people like you and me of the long run, friendly
inventing new forms of force.” And just as Satyagraha persuasion is the only effective teacher. Human beings
was never “truth force”, so it was never “non-violence” or can always grow”. If the man gains spirituality, Gandhi
“passive resistance”, although it included them in its said, “the whole world gains with him”.
ever-widening orbit.” The casteless and classless society he was striving to
It may be remembered that: establish aims at the realisation of both material and
spiritual moorings. He described the society that he was
1. Satyagraha was never used by Gandhi to score
aiming as Ram Rajya- a Divine Rajya, the Kingdom of
political points.
God. His Ram is the Almighty God which guides him to
2. Gandhi’s Satyagraha movement was principle- noble action and whose presence can be felt
centred and spiritually guided. everywhere. The Ram Rajya he was advocating was an
3. Gandhi’s Satyagraha was never aimed as a coercive ideal social order where an ideal King rules over his
tactic. subjects without any distinction whatsoever. Truth,
dharma and justice to be the dominant characteristics of
4. Gandhi’s language, body language and activities
such a society. The poorest of the poor to have equal say
were dignified and always left room for dialogue and
in the governance. Nobody will be discriminated against
reconciliation.
anybody.
5. Gandhi’s Satyagraha always highlighted moral
There was much in common if one can stretch it between
principles.
Plato’s ideal Republic and Gandhi’s “Ram Rajya” though
6. Gandhi had the courage to withdraw his movement Tolstoy’s influence on Gandhi could be discernible in
when he realised that unprincipled elements would formulating his vision of a new society. The major
infiltrate and would use the base for selfish or difference between the approaches of Gandhi and Plato
opportunistic goals. is that while Plato is philosophical, Gandhi is pragmatic
Gandhi, as is known now, also tried to infuse the fresh air and down-to-earth, a realist. For Gandhi rights and
of spiritualism in every domain of human endeavour, duties are complementary and a citizen who is not
including politics. He earned the name of a saint trying to conscious of his duties has no right to think of his rights.
spiritualise politics. His mantra was to wipe away tears Similarly, Gandhi believed, “There can be no Ram Raj in
from every eye. the present state of iniquitous inequalities in which only

Such a world of peace demands an attitudinal change. In a few roll in riches, while the masses do not get even
enough to eat.” The ruler, in the modern context like
such a world, the strong will not exploit the weak, the
rich will not harm the poor, and the privileged will not Lord Ram, Gandhi’s ideal King is Custodian of not only
the physical domain of the people but also an inspirer of
ignore the underprivileged.
his people to higher realms of spiritual, moral and ethical
The ancient Vedic philosophy of “Sarva Dharma
attainments.
Samabhav” or “Respect for all religions” formed the basis

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Ethics, Integrity & Aptitude

CASE STUDIES for Practice


MAINS GS PAPER IV

Case Study 1: You have just cleared the prestigious civil Since his decision to take dowry stems from the socio-
cultural practice, he must have developed
services exam and your top rank has assured Indian
positive cognitive attitude towards dowry. I shall
Administrative Services for you. Your parents want you
use techniques of persuasion to change the positive
to get married before going for the training as you are
attitude of my father towards dowry:
reaching your thirties now. Your father is in favour of an
arrange marriage and is expecting lots of dowry in it. In a) Since my father is loving and has always supported
fact, he gave dowry in his daughter’s marriage and me, I shall express my desire of marrying a girl of my
considers it to be part of his culture and social norms. choice and not taking dowry. The emotion of love
However, you love a girl, but she wants some more time towards me, may cater to the affectionate
to get settled as she wants to complete her studies and component of his attitude.
pursue a career in medicine. b) I shall present the desirable characteristics and
In this context, a marriage proposal has arrived. The girl compatibility of the girl I love. I shall explain to my
belongs to a rich family and her father also has many father that my happiness after marriage will depend
political links. Her family is also ready, in fact insisting on on these things and not on how much dowry I got.
giving dowry. Your father is creating pressure on you to c) I shall present to my father the “horror” of dowry
say yes to this girl. You really love your father as he has and its socio-economic consequences in our society
always supported you. Analyse and explain what you will in form of case studies from neighbouring areas.
do in this situation? d) I shall explain to my father that dignity and social
SOLUTION respect will increase if we act ethically.
The case poses ethical dilemma to me and raises the e) I shall also make my father aware of stringent law
question of social conformity in case of unethical against dowry.
practises. Following are ethical issues involved in the
I shall always love and respect my father. But it is also my
case –
duty to persuade and change the attitude of people
a) Ethical dilemma whether to choose the girl of my around me to and make their behaviour in conformity to
choice or to adhere to my father’s wish. the constitution and law of the land.
b) Ethical dilemma whether to stand by my father’s
decision of taking dowry, as he has always
Case Study 2: You are the CEO of a leading automobiles
supported me, or to protest against it, as it leads to
company in India. Your company has launched a new car
socio-economic deterioration of society.
which is first of its kind in its design and features and
c) After getting selected for IAS, it is obligatory on me
thus, has become an instant hit among the buyers. Your
to display ethical conduct in public life.
company has already sold two lakh cars and one lakh
d) Positive attitude of educated Indians towards more have been booked in advance.
unethical practice like dowry.
However, within first two months of launch, the head of
Since my father has always been supportive of me, I technical department approaches you with the complaint
must not disrespect or hurt his feelings. I must use about the airbags which inflates up during the time of
my emotional intelligence to understand the reason for accident and saves the passenger from getting injured.
his positive attitude towards giving and taking dowry. He told you that the airbags are over inflating due to

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Ethics, Integrity & Aptitude

some technical glitch and thus, are getting exploded. This loss of the market for the company. For short term
explosion will hurt the passenger more rather than gain company will face long term loss.
saving him from the jerk of accident. d) Legal penalty for misinformation may be much
However, this problem will be difficult to get identified as higher than the cost of recalling the vehicle and
at the time of accident, everything happens very quick fixing the glitch.
and the passenger will not be able to observe the e) Gandhiji once said, "A customer is the most
problem with the airbag. The company has also not important visitor on our premises. He is not
received any complaint in this regard. The glitch can be dependent on us. We are dependent on him.…. We
removed but it will cost huge money and recall of all the are not doing him a favour by serving him. He is
cars. The glitch can be removed from the upcoming cars doing us a favour by giving us the opportunity to do
and probability is very low that it will get caught in the so."
already sold cars.
In the light of above moral analysis, I will take following
The situation has put you in a dilemma as calling back steps –
cars will have huge repercussions. What action you will
a) Public declaration of the technical glitch. Also,
take to resolve the situation? Justify your action?
announcing that the technical glitch will be fixed at
Since I am the CEO of the automobile company, I have no extra charge. Honest declaration will increase the
the responsibility to ensure profitability and customer company’s reputation and social capital.
confidence. Due to this I have the following ethical
b) Decentralised mechanism, if possible, to fix the glitch
dilemmas:
in authorised service stations, to reduce the cost.
a) Ensuring profitability of the company vs Justice to
c) Proper testing of the cars yet to be delivered.
the customers.
d) Inviting customers to the company and showing
b) Value of loyalty towards company vs value of
them the proper functioning of airbags and other
honesty towards society.
features, as a confidence building exercise.
c) Professional well-being by higher sale of cars vs
There must be some long-term measures taken:
personal wellbeing by maintaining integrity.
a) Stronger quality checks mechanism to avoid such
To overcome the ethical dilemma, I must do ethical
lapses.
evaluation of the situation using some ethical standards:
b) Steps to develop social capital through CSR to build
a) Using utilitarian principle, hiding the technical glitch
greater trust of customers.
will not serve the society well. This will be unethical.
Intellectual spirit can take us to the top but moral spirit
b) As per Kant’s categorical imperative hiding critical
will keep us there.
information form customers is wrong, even if
company must suffer loss.

c) Eventually the truth will come out. The social capital


of the company will be lost. This will mean absolute

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Part TWO

Ethics, Integrity
& Aptitude
Coverage from varied sources
Ethics, Integrity & Aptitude

GANDHIAN PERSPECTIVES ON ETHICS


#Ethics #Integrity #Aptitude

“The very essence of our civilisation is that we give Gandhi was not interested in the argument whether
permanent place to ethics, truth, non-violence, tolerance, religion is forerunner of science or science has always
justice and integrity and morality in all our efforts—public been nurturing religion or religion and spirituality are
or private.” – Mahatma Gandhi older to science. He could see how science outgrew the
Gandhiji set high ethical and moral standards for himself, importance of religion in the life of individuals as more
which reveals his commitment and devotion to eternal and more intelligent men of science and technology
principles. A month before his assassination Gandhiji devoted their time in unravelling and developing
said, “It is the duty of all leading men, whatever their scientific truth and capability. The champions and
persuasion or party, to safeguard the dignity of India’’. custodians of the spiritual domain relapsed into just
meditative and contemplative lifestyles thereby
It goes to the credit of Gandhi that he evolved a
becoming status quoits. Science and technology with its
philosophy and lifestyle which was permeated with
manifold focus and application came into the daily life of
ethical, moral, spiritual insights and scientific truth. He
people with surprising and hitherto unbelievable results.
did not see any difference in them and what he asserted
The primacy of religion steadily eroded while science
in his autobiography, ‘What I want to achieve–what I have
forged ahead with unstoppable speed and energy.
been striving and pining to achieve these thirty years–is
self-realisation, to see God face to face, to attain Satyagraha: Blending of Ethical, Social and Political
Moksha,’ reveals the ethical, moral and spiritual concerns
foundations of his striving all through. Gandhi’s seminal contribution lies in blending science
Technology vs Morality of the Individual and spirituality as revealed in the philosophy and
practice of Satyagraha. The Satyagraha as enunciated by
Gandhiji continues to challenge many postulations and
Gandhi seeks to integrate spiritual values, community
keeps on reminding humanity that there is a ‘truth’
organisation and self-reliance with a view to empower
beyond all what we perceive and hold to be ‘truth.’ By
individuals, families, group, villages, towns and cities.
making truth as the axis of all his endeavors, Gandhi was
seeking the spirituality of truth itself which is the very Robert Payne in his perceptive study of Gandhi remarks,
basis of science. He thereby convincingly challenges “Gandhi was continually experimenting with truth and
those who espouse the notion that spirituality and inventing new forms of force. And just as Satyagraha was
science need to be at war with each other. He reminds us never “truth force,” so it was never “nonviolence” or
here of Einstein’s statement that imagination is greater “passive resistance”, although it included them in its
than knowledge. ever-widening orbit.”

When he emphasised the power of love, compassion, It may be remembered that:


truth, non-violence, even many of his close friends raised 1. Satyagraha was never used by Gandhi to score
their eyebrows. His plans to take on non-violently the political points.
mightiest of Empires of the day, many doubted his 2. Gandhi’s Satyagraha movement was principle-
wisdom. His claim that India could win the freedom centered and spiritually guided.
without resorting to violence and war, it looked
3. Gandhi’s Satyagraha was never aimed as a coercive
laughable.
tactic.
Religion vs science

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Ethics, Integrity & Aptitude

4. Gandhi’s language, body language and activities Gandhi said in his advice: “I will give you a talisman,
were dignified and always left room for dialogue and whenever you are in doubt or when the self becomes too
reconciliation. much with you, apply the following test: Recall the face of
5. Gandhi’s Satyagraha always highlighted moral the poorest and the weakest man whom you may have
principles. seen and ask yourself if the step you contemplate is
going to be of any use to him, Will he gain anything by it?
6. Gandhi had the courage to withdraw his movement
Will it restore him to a control over his own life and
when he realised that unprincipled elements would
destiny? In other words, will it lead to Swaraj for the
infiltrate and would use the base for selfish or
hungry and spiritually starving millions?”
opportunistic goals.
Seven Sins according to Gandhi
Ethical and spiritual living
1. Wealth without work
The ancient Vedic philosophy of “Sarva Dharma
Samabhav” or “Respect for all religions” formed the basis 2. Pleasure without conscience
of Gandhiji’s religious humanism which was rooted in 3. Knowledge without character
ethical, moral and spiritual considerations. Spiritual living 4. Commerce without morality
is responsible living. Gandhi said, “I am responsible not
5. Science without humanity
only for myself but for all of you just as all of you are
responsible for me. When we live truly selfless life, we 6. Religion without sacrifice, and
never think in terms of personal profit or pleasure but 7. Politics without principle
always in terms of global prosperity and world peace.
Epitome of integrity
For even these grand goals ultimately depend not on
He never asked others to do anything which he did not
government but on selfless efforts of little people like
do. It is history how he conducted his affairs. He never
you and me of the long run, friendly persuasion is the
treated even his own children in any special manner
only effective teacher. Human beings can always grow”. If
from other children. In the Ashram settlements they also
the man gains spirituality, Gandhi said, “whole world
grew up along with the other children, sharing same kind
gains with him”.
of food and other facilities and attending the same
The casteless and classless society he was striving to school. When a scholarship was offered to him for one of
establish aims at the realisation of both material and his sons to be sent to England for higher education,
spiritual moorings. He described the society that he was instead of giving it to his own children, Gandhi gave it to
aiming as Ram Rajya- a Divine Rajya, the Kingdom of some other boy. Of course, he invited strong resentment
God. His Ram is the Almighty God which guides him to from two of his sons and there are many critics who
noble action and whose presence can be felt believe that Gandhi neglected his own children, and he
everywhere. The Ram Rajya he was advocating was an was not an ideal father. The voluntary abdication of his
ideal social order where an ideal King rules over his highly attractive income from his legal profession and
subjects without any distinction whatsoever. Truth, taking to a simple life and his profound conviction of
dharma and justice to be the dominant characteristics of equality of all men and women show the essential
such a society. The poorest of the poor to have equal say Gandhi who grew into a Mahatma.
in the governance. Nobody will be discriminated against
The ethical and moral standard he set for himself reveals
anybody.
his commitment and devotion to eternal principles and
Relevance of Gandhi’s Talisman only someone like him who regulated his life and action
It may be of use here to remember in this context the in conformity with the universal vision of human
advice Gandhi gave to the new rulers of India, which is brotherhood could describe his life, ‘My Life is My
now known as Gandhi’s Talisman. Message’.

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Ethics, Integrity & Aptitude

CASE STUDIES for Practice


MAINS GS PAPER IV

Case Study 1: A new manufacturing company is b) Degradation of land and water in the area will

engaged in manufacturing of industrial products using irreversibility destroy the ecology and also the way

nanotechnology. It has done lot of investment in R&D by of life of farmers. Further it will also threaten food
involving domestic and foreign scientists and experts. security.
However, many states have not given permission to c) Right cognition – consternation against
operate due to the environmental concerns on nanotechnology despite no concrete basis.
nanotechnology raised by many environmentalists. But
d) Workers engaged in the factory and ancillary units
one state government acceded to the request, brushing
have been denied right to work.
aside all opposition.
I will act under the principle of ethical governance to
The new unit became operational in the state. It has
have empathetic, compassionate, sensitive & responsive
given employment to many young engineers, scientists,
governance -
technicians and other graduates. On one hand the
pollution caused by the industrial effluents was affecting a) Law and order must immediately be restored as
the land, water and crops in the area. On the other hand, factory has already been closed.
concerns of nanoparticles affecting the environment was b) Compensation and medical help can be given to
also growing. This gave rise to a widespread agitation victim of mob confusion and protest.
against the company. There were incidences of violence
c) Workers unemployed must be upgraded in skill to be
necessitating stern police action. Following the public
absorbed elsewhere or given some credit facility for
outcry, the State government ordered the closure of the
self-employment.
factory. However, there is no established research on
environmental and health hazard of nanotechnology. d) Scientific measures must be taken to restore soil and

The closure of the manufacturing unit resulted not only water health in the region.

in the unemployment of young talented youths but there e) Clear scientific facts on nanotechnology must be put
would also be setback to the research in new emerging in public domain.
technologies. f) Clear regulations on products manufactured using
As a senior officer entrusted with the responsibility of nanotechnology. Eg: mention on packaging and
handling this issue, how are you going to address it? labeling.
SOLUTION g) The root cause of the problem – discharge of
This case presents the challenge of balancing untreated effluents, must be addressed. In this
environmental justice with growth and industrialization. regard two steps have to be taken –
The competing rights of citizens have to be fulfilled by • Environmental regulation and monitoring have to be
government to honor its social contract with the citizens. strengthened.
I as a senior officer entrusted with the responsibility of • Technology to treat factory discharge cost effectively
handling this issue will have to consider demands and has to be developed.
grievances of various stakeholders –
Gandhiji once said “I bow my head in reverence to our
a) Living in pollution free environment is a ancestors for their sense of the beautiful in Nature”.
fundamental right of citizens. Learning from him we must take holistic view of

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Ethics, Integrity & Aptitude

development to ensure rights of all citizens are In the given situation, I will try to express values and
protected. listen to my inner conscience. I will decide to not throw
the ball based on following reasons:

a) Maintaining the integrity of the rules and


Case Study 2: You are a struggling cricketer but still has
conventions of the game is important.
been given a position in playing eleven as a last chance
to prove your form on account of good performance in b) As per Kant’s categorical imperative one must
the past. Match has reached to a crucial stage from behave as creature of kingdom of end – do what is
where it can swing any side. You got the opportunity to right irrespective of result.
runout a set batsman of the opponent team by throwing
c) Kant also famously said, “Two things awe me the
the ball to the wicketkeeper. However, you observed that
most, the starry sky above me and the moral law
the batsman actually fell after colliding with the bowler. It
within me”. Mohan might also be feeling pride for his
caused considerable time loss to the batsman, who
morality.
otherwise would have reached to within the crease well
on time. The wicketkeeper is shouting at you to pass the d) Gandhiji also emphasised on ‘means over end’.
ball. However, you suddenly get into the situation of e) Using utilitarian principle, winning by hook or crook,
ethical dilemma. You don’t want to take advantage of the reduces the popularity of the game.
situation. However, wining this match is important for
your career. If you don’t pass the ball selector will not be f) My happiness depends on my value expression.

pleased. g) Escaping moral erosion gives a sense of achievement


What are various dilemmas you are facing in the
h) Psychologically honesty is morally uplifting. It boosts
situation? What will you do in the situation? Give reasons.
dignity and self-respect.
SOLUTION
i) Sir Walter Scott wrote, “Oh! What a tangled web we
I have the responsibility to help my team win. I have weave, when first we learn to deceive”.
ethical dilemma on various levels –
j) The message inscribed in our constitution is ‘Satya
a) Ensuring better performance of my team Vs Mev Jayate’ (truth alone triumphs).
integrity.
Happiness does not come only through winning the
b) Value of loyalty towards my team Vs honesty and game. Happiness also comes through maintaining our
spirit of the game. integrity and virtues. As Aristotle said, ‘virtues like

c) Professional wellbeing by good performance of the happiness must be desired for itself’.

team Vs personal wellbeing by maintaining integrity


absence of crisis of conscience.

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Part TWO

Ethics, Integrity
& Aptitude
Coverage from varied sources
Ethics, Integrity & Aptitude

LAW VERSUS ETHICS: BLIKIS BANO CASE


#Ethics #Integrity #Aptitude

Ethics is a study of the supreme good, while Law lays down over evil, justice over injustice, was accepted as an
what is convenient for that time and place. Both have a innumerable universal rule. Even though the concept of
common origin but they diverge in their development. equality & respect for human dignity is recognized in the
Ethics is considered universal, but the law is dynamic and Vedic texts.
varies from place to place. For example, value of honesty But the law may not always be just because, in many
is universal in nature, but the law on rape may differ in instances, it may be biased, irrational, and unjust at the
India and Pakistan. Ethics is applied after taking into stages of formation or implementation. That’s why Gloria
consideration individual cases, whereas the application of Steinem said, “Law and justice are not always the same”.
the law is uniform you can see honest and dishonest men
The issue of law versus ethics came into the debate when
in the same society but the law for both is the same.
the Gujrat government released 11 criminals convicted
A study of relationship between law & ethics can be made and sentenced to life imprisonment for the most heinous
from three angles: crimes of gang rape and murder in the name of law, as
1. Ethics (Morals) as the basis of law. remission policy allows premature release of criminals.

2. Ethics (Morals) as the test of positive law. It is generally said that “In a civilised society, laws float on
the ocean of ethics”. But here, in this case, it seems that the
3. Ethics (Morals) as the end of the law.
law was followed in the letter rather than in its spirit.
In some ways, morality is an integral part of the law. Hence, it is argued that it can disturb society’s ethics
Morality is “secreted in the interstices” of the legal system (morals). In this article, we will discuss various aspects (law
and, to that extent, is inseparable from it. This viewpoint and ethics) with the help of this case.
says that law in action is not a mere system of rules but
What was the case?
involves the use of certain principles such as equity &
good. Law & morals act and react upon and mould each In the post-Godhra communal riots of 2002, this horrific
other. In the name of justice, equity, good faith & incident occurred, in which Blikis Bano raped, who was five
conscience, and morals have infiltrated into the fabric of months pregnant. That mob had also murdered many of her
the law. Moral considerations play an important part while family members- including a 3-year-old girl.
making laws and exercising judicial discretion. In this case, 11 individuals were convicted and sentenced
Relation between Law & Justice to life imprisonment. This followed four years of efforts
involving the National Human Rights Commission, the CBI
The ultimate object of every legal system is to secure
and the Supreme Court.
justice. Aristotle tried to explain justice as: justice consists
in what is lawful and fair, with fairness involving equitable Law involved
distributions and the correction of what is inequitable. One of the convicts plead for consideration of remission
Justice in Indian Perspective application under the older remission policy rather than
the newer 2014 policy. The petition cited a 1992 circular,
The ancient Indian concept of Dharma was analogous to
quoted in the 2012 Gujarat HC order, that pertained to the
concepts consistent with righteousness, truth, morality, &
justice. The ideal and object of the law were to promote early release of life-term prisoners who had served 14 clear
justice. Law was governed by Dharma. The victory of good years imprisonment. (Notably, the 2014 policy doesn’t allow

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Ethics, Integrity & Aptitude

the premature freedom of those convicted of murder engaged in injustice to people. Hence it can be called an
and gang rape). unethical act.

The Supreme Court admitted the plea and passed it on to Justice Theory: As per the justice theory of john rolls, there
the Gujarat government for examination, as it was under its should be a veil of ignorance before the discussion maker
jurisdiction that the crime took place. so that he can prevent any chance of biasness, but in this
case, it seems that the religion of the convicts played a
The state government formed a panel to consider the
crucial role in their remission.
application. The forum ‘unanimously’ decided in favour of
REFORMATIVE THEORY OF CRIMINAL JUSTICE (THE
remission. Following this, the government gave the green
OTHER SIDE)
light for remission.
According to reformative theory of justice, the object of
“Law without justice is a wound without a cure.”
punishment should be reform of the criminal through the
(William Scott Downey) method of individualization. It is based on the humanistic
This is how we can see that the convicts followed all the due principle that even if an offender commits a crime, he
procedures to get free from jail. Here, in this case, although does not cease to be a human being.
the government and convicts both followed the law of the The reformative theory made a special focus on greater
land, ethics are lacking. Now, as a civilised society, we must attention on the human treatment of prisoners inside the
consider whether following the law merely in letters is prison. This purpose may be achieved through the
sufficient. agencies of parole & probation, which have been accepted
as modern techniques for reforming offenders all around
WHAT DOES ETHICS SAY IN THIS CASE
the world. The modern view is that “the mainspring of
Virtue Ethics: As per Virtue ethics of Aristotle, this act of criminality is greed, and if the offender is made to return
releasing convicts of rape and murder is unethical the ill-gotten benefits of crime, the spring of criminality
because it lacks the highest virtues of justice and wisdom will dry up.”
on the part of government which are fundamental virtues
He may have committed a crime under circumstances
of humans, i.e., further, it may hamper the ethical fabric which might never occur again. Therefore, an effort
of the society as a virtue in the society evolved in a long should be made to reform him during the period of his
time, but a single incident can destroy it. incarceration. The object of punishment should bring
Deontology: As per Kant’s deontology government should about the offender’s moral reform. He must be educated
follow his moral command and conscience so his action and taught some art or industry during the period of his

can become a universal action. But here, in this case, the imprisonment so that he may be able to start his life again
after his release from jail.
step of releasing the convict roof heinous crimes cannot
become universal action, and it also cannot be considered Severe punishment can merely debase them. Men always
as an act derived from the conscience or moral comm. kick against pricks. The whipping will make him baulk. The

Hence, it is a classic example of an unethical act. threat will result in resistance. Prison hell may create the
spirit of defiance of God and man. Hanging a criminal is
Utilitarianism: As per the utilitarian theory, an act can be
merely an admission of the fact that human beings have
considered ethical if it is aimed at the maximum good of a failed to reform the erring citizen. Corporal punishments
maximum number of people. In this case, only a few like whipping and pillory destroy all the finest sentiments
benefited at the cost of more significant interest, i.e., and tenderness in man.
harm. e. and peace, as it may cause tension in the
Reformative theory is also supported by criminology as
country's two largest communities.
well because it regards every crime as a pathological
Contractarians: As per the contrarian theory of John Locke phenomenon, a mild form of insanity, or an innate or
and Rosseau, the state is there to protect the subjects' acquired physiological defect.
rights, but here, in this case, the state itself seems to be

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Ethics, Integrity & Aptitude

Punishment is inflicted on a criminal for his imprisonment for a life committed by any person who, at
reformation. Punishment does not always make reform a the date when he appears or is brought before the court,
criminal; on the other hand, kind treatment sometimes is under the age of 16 years, maybe tried by the court of a
produces a better result than punishment. It may be more Chief Judicial Magistrate or by any court especially
favourable to the reformation of the criminal. empowered under the Children Act,196 or any other law

One may commit a crime either because the temptation for the time being in force providing for the treatment,

of the motive is stronger or because the restraints training and rehabilitation of youthful offenders.

imposed by character are weaker the reformative theory Section 360 of Code of Criminal Procedure,
wants to strengthen the character of the man so that he 1973 empowers the court to order the release on
may not become an easy victim to his own temptation this probation of good conduct or after admonition.
theory would consider medicine. According to this theory, Remission policy of 1992 allows the government to
crime is like a disease, so you cannot cure it by killing. release convicts of even rape and murder after the
EXISTING LAWS SUPPORTING THE VIEW OF completion of 12 years of their imprisonment based on
REFORMATIVE THEORY their good conduct while being in jail.
Probation of Offenders Act of 1958 was passed with a Hence, based on the above discussion we can see the
similar object in view. About the Act Supreme Court ethical evaluation from perspective of both granting
observed in Rattan Lal v. State of Punjab that the Act is a remission to the convicts after having served a long
milestone in the progress of the modern liberal trend of sentence. Also, arguments in the first part lay for not
reform in the field of penology. granting remission to the convicts.
Section 27 of Criminal Procedure Code, 1973 provides
that any offence not punishable with death or

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Ethics, Integrity & Aptitude

CASE STUDIES for Practice


MAINS GS PAPER IV

Case Study 1: You are posted as S.P. in a district where • Following the law in letter and spirit: It will ensure rule
of law, which in turn will result into justice to the victims
liquor is prohibited for human consumption. One day 36
but it may pose harm his self-interests of life and career
people died in a village in that district after consuming
which is not good as per hedonism.
spurious liquor. The incident has pushed the state into
swift action, with multiple agencies of the police working • Seeking guidance from the seniors and acting
on a joint investigation. Even the state government, set to accordingly: It will protect him from any mishap it will
face an assembly poll in the next six months, is receiving also promote the teamwork in the organisation but he
a barrage of criticism from the opposition. may be misguided, in that case the very purpose of the
law may defeat.
Your preliminary investigation revealed that a local mafia
is involved in manufacturing this spurious liquor, and he • Leave the case: It may protect and promote his self-
is the relative of a minister in the government. You are interest, but it is against the foundational values of civil
getting threats from the mafia and the minister both. Both services it is also against the principle of justice of John
are offering a whole sum of money to remain silent. Your Rawls.
promotion file is also pending before the same minister. C) Course of action as an S.P.
You may face many difficulties if you do not listen to them. • To prepare himself internally he takes help of
a) What are the ethical issues involved in this case. emotional intelligence to cater the any kind of fear and
b) What options are available to you? Analyse each of pressure and virtues of courage and justice of Aristotle.
them. • As a part of legal administrative system, he should
c) What will be your course of action? follow the all-internal instruments like following the
law, senior’s advice, seeking intervention of other
SOLUTION
higher authorities and whistleblowing at last.
This case study deals with the ethical dilemma of following
• After exhausting of all these internal mechanism
the law to fulfil one’s duty or should surrender the
without giving desired results he can go to media or
responsibility to protect self-interests.
court with the help of NGO so that he ensures the
A) Ethical issues involved in this case are as follows:
justice to the victims for doing so he may need listen to
• Commerce without morality: Selling of liquor in a his conscience as court of conscience is the highest
state where it is prohibited is not only illegal but court.
immoral too.
Conclusion: Thus, we can say that SP should perform his
• Breach of the social contract: Both state and subjects duty in letter and spirit so that menace of illegal acts can
are breaching the contract because state failed to be curtailed in society.
implement the law of liquor prohibition and subjects
are breaching it.

• Lack of good governance: The death of people in a


Case Study 2: A recently renovated footbridge collapsed,
sending tourists plunging into the river in the country’s
state where liquor is Prohibited shows that governance
western state. The accident took place in the town of a
is not prompt.
state, a riverside town known for its Victorian-era bridge.
B) Options available
Tourists have been celebrating Diwali and the new year of

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Ethics, Integrity & Aptitude

the state. Some outlets, citing unnamed officials, reported A) Which ethical issues may you face while solving this
that the death toll could be higher, exceeding 140. An case?
official list of fatalities compiled by police showed more B) What are the options available to you?
than 50 children were among the dead, some as young as
C) Critically examine the options listed by you.
5. In addition to the dead, many people are still missing.
D) What will be your course of action?
Some officials estimated up to 400 people were packed
SOLUTION
onto the bridge — far more than the safe limit — when
the suspension cables buckled and the 760-foot span gave This case deals with the rampant corruption in
way. Some visitors clung to a crumpled bridge barely government contracts, administrative lacunae, poor mob
above the waterline, crying for rescue. Others crawled management, promptness of rescue efforts and lack of
along its railings back to shore. More were lost in the awareness among the people.
water. A) Ethical issues involved in the case
It has been observed that corpses were laid in nearly every 1. Crony capitalism: awarding the contract to a firm
corner of free space while hundreds of deceased relatives having no domain expertise.
went from room to room, looking to claim the bodies of
2. Lack of integrity: Not mentioning the name of a
their loved ones. In a 10-foot-by-10-foot room used for
powerful businessman in FIR
post-mortems, doctors were “overwhelmed”
3. Politics without principle: Politicians awarding
Rescue operations were delayed because of the
contracts to their relatives and protecting them from
unavailability of rescue teams at the local level. Scrutiny
the law.
turned to the company tasked with renovating and
operating the bridge. The contractor, Oreva, a large B) Option available to me

manufacturer known for producing clocks and electric 1. Investigate the case properly.
bikes (with no experience in construction work), wrapped 2. Manipulating the case to protect the businessman.
up a six-month bridge renovation last week to coincide
3. Seeking guidance from seniors and acting accordingly.
with the New Year. The firm with no construction
4. Leaving the case.
experience got the contract because of its political linkage.
C) Critically examination of the options
The city official Sandeep Singh Zala told the media that the
bridge was reopened to tourists without obtaining • Investigating the case properly will ensure the rule of
clearance from the government. Zala also highlighted the law but may pose a danger to my life and career.
bridge operators for selling as many tickets as possible • Manipulating the case to protect the powerful
without controlling the flow of people. After a day of businessman may prevent my troubles, but it will
investigation, local police arrested nine people, including defeat foundational values of civil service like integrity.
two Oreva executives, two contractors, three security
• Seeking guidance from seniors may help me in solving
guards and two ticket window clerks.
the case in a requisite manner, and it will also improve
In their initial legal complaint, local police did not name the teamwork and work culture in our organisation, but
Oreva or any other firm. Still, they said they would file they may misguide me if they have vested interests.
culpable homicide charges against “the agency
• Leaving the case may prevent me from various
responsible for maintaining the bridge” and the
tensions, but it shows lack of courage and dedication to
“management agency.” Because the owner of the firm has
service.
political links. As the head of investigating team of this
case, answer the following questions. (250 words)

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Ethics, Integrity & Aptitude

D) Course of action • He can seek guidance from seniors but must ensure

• As head of investigating team, one should be mentally that they are not misleading him.

prepared and internally motivated; He should use • If he finds that his efforts are enough to deliver justice,
emotional intelligence. then can be a whistle-blower, or he can go to the media.

• To ensure the rule of law, he should avoid any kind of Conclusion


prejudices or rumours. This is how it can be concluded that to deal with issues of
• To ensure justice for the victims, he should ensure the crony capitalism and to ensure the rule of law in society,
names of all real culprits in the charge sheet. civil servants should follow the foundational values of civil
services.

FOCUS | NOVEMBER 2022 | RAU’S IAS 114


Part TWO

Ethics, Integrity
& Aptitude
Coverage from varied sources
Ethics, Integrity & Aptitude

SOCIAL REFORM: A MATTER OF LAW OR ETHICS


#Ethics #Integrity #Aptitude

Recently, more than 70 people lost their lives in a hooch example, the law against sati practice led India to get out
tragedy in Bihar. Liquor prohibition exists in Bihar for the the rid of such horrific tradition of burning wives alive.
last six years. Such tragedies are not limited to Bihar only
Relevance of law in changing the behaviour:
but keep happening now and then in many regions of
India. Importance of law in changing the behaviour of people
can be seen through following evidence.
A question arises whether behaviour change is a matter
of law or just ethics. One more important question is • Eradication of untouchability from India.
whether a state should curtail right to liberty of its subject
• Eradication of devadasi tradition from India.
in the name of welfare.
• End of slavery from USA
With the help of this article, we will analyse the role of law
and ethics in moulding and directing the behaviour of the • End apartheid from USA.
people in a society. Inefficacy of law:
NEED FOR LAW FOR CHANGING LIQUOR BEHAVIOUR Many times, we see that law has failed miserably in
Constitutional obligation: achieving its goal of changing behaviour.

Article 47 of the Indian constitution directs the For example:


state/government to prohibit consumption of intoxicating • Despite having laws against dowry, it is still prevalent
drinks and drugs. It says that the state must raise the level in India.
of nutrition and the standard of living to improve public
• Widespread corruption throughout the world despite
health.
having many laws and institutions to curtail it.
Moral obligations:
• Failure of liquor prohibition Acts.
• Social contract theory: As per this theory, state is
WHY LAW FAILS IN SOME SITUATIONS?
morally obligated to ensure welfare of the subjects.
Success of law depends on various factors like:
• Justice theory: Due to habit of liquor consumption in a
male dominant society like India, others, particularly • Design of Law/policy: How law is discussed and
framed. In the case of successful laws, we find years of
family members become victims. Hence to ensure
discussion with the maximum number of possible
justice for vulnerable sections (females and children) it
stakeholders. For example, law against sati practice
is justified to prohibit liquor.
was brought after long demand of the society in which
• Greatest good to greatest number: As per utilitarian it was being practised, while laws which were enacted
theory liquor prohibition can promote the greatest in a hurry without any discussion generally get failed
good to the greatest number. As pleasure of a single to create intended impact. For example, laws against
drunken person adversely affects the whole family. liquor in most states have been brought in hurry and
without discussion with major stakeholders.
Historical evidence:
• Justification of Law: People follow justified and
We have several examples where law has played a crucial
reasonable laws with enthusiasm. For example, Covid
role in changing attitudes and behaviours of society. For

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Ethics, Integrity & Aptitude

related rules were followed by the masses as the society along with external and compulsive tools like
strictness was justified to prevent loss of lives. laws, rules, regulations etc.

• Rationale behind Law plays a crucial role in its • Hence it is argued by various ethical thinkers, that
success. For example, rationale behind anti-slavery behaviour change is matter of ethics rather than of
laws was strong as such practices were against the law. Virtue ethics focuses on character of the individual
humanity, hence slavery got eradicated. rather than his act.

• Feasibility of Law: For example, lockdown norms • The behaviour of the masses in a particular society is
could be implemented due to their feasibility while driven by individualistic beliefs, values, perceptions
anti-corruption laws get failed due to lack of feasibility. and needs along with the culture and traditions of that
society.
• Implementation strategy: Implementation strategy
refers to operational plan that guides the process to • From the perspective of ethics, beliefs, values, attitude,
make the policy happen in effect. There are six criteria behaviour and persuasion are interlinked.
for the effective implementation of law:
ETHICS AND SOCIAL CHANGE
o Clarity of objectives and consistency
• With the help of this Article, we will decode this
o Validity of cause behind law invisible relation and we will also analyse the role and
tools of ethics to change the behaviour of the masses
o Structuring of implementation process
to bring social reforms or revolutions.
o Commitment of officials to implement law
• Behaviour implies an individual or group's actions,
o Supportiveness of civil society moves, conduct or functions towards other objects.

o Persistence in socioeconomic conditions This conduct is directly influenced by attitude of a


person.
• Institutional and societal context: Institutional
• Attitude is an expression of favour or disfavour
efficacy and social awareness can help in proper
implementation of laws. For example, land reforms towards a person, place, thing or event. This feeling of
favour or disfavour is driven by the beliefs and values
were effectively implemented in Kerala while the same
of the person.
laws failed in the northern belt due to a lack of
institutional efficacy and societal awareness. • Belief is an internal feeling that something is true,
even if it is unproven or irrational; things we hold to be
ETHICAL TRANSFORMATION OF SOCIETY
true. Belief is the simplest form of mental
• Moreover, every law is framed by members of society representation and, therefore, building block of our
and implemented by members of society. Laws are thought process. Beliefs are core ideals to deal with
aimed at regulating the behaviours of the members of change in mindset of a person. Changing beliefs
the same society. Hence, society has very crucial role depends upon various factors like changes in socio-
at every stage of law from formulation to economic conditions, time and space, laws, rules,
implementation. Thus, success of any law ultimately regulations, political regimes, tools and techniques of
depends upon the nature of society itself. persuasion.
• Nature of society is decided by social norms, traditions • Values are inbuilt mechanisms of an individual or a
and customs. These traditions are nothing but group to decide what is right or wrong. Value denotes
culmination of process of socialisation. Because the degree of importance of something (or even an
through socialisation society shapes the choices and action). In this way, values help in determining what
values in society. actions are best to do. Values are ‘beliefs’ of a person
• Ethics of society are largely shaped by society itself. about ‘what is important’ for that person. For example,
Hence, if we want to reform society then we need to Value can be socialistic or individualistic, honesty is a
change the internal beliefs, values, perceptions, value recognised by society but one is free to value
attitudes and behaviours prevalent in members of vegetarianism or non-vegetarianism. In this way,

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Ethics, Integrity & Aptitude

change in societal values may require a more complex component of attitude of people which is affected by
and multipronged strategy rather than just passing a the psyche rather than laws.
law without considering other relevant factors.
• Behaviour: Behavioural component refers to past
• This implies that if we want to change the behaviour of experiences or behaviour regarding an attitude object.
a person towards anything, then we need to change his For sustaining behaviour, change is a precondition that
beliefs and values toward the same. Behaviour is a it should be driven by internal acceptance and
manifestation of attitude, hence, to change the motivation rather than external adherence and force.
behaviour of a person, we need to understand various
In a democratic country eating habits should be
aspects of attitude.
considered a matter of individual liberty. However, if this
ATTITUDES COMPRISE THREE COMPONENTS habit starts to harm others or compromises others right
to free and full, then it may be curtailed by using tools of
• Cognition: Cognitive component of attitude refers to
social awareness and persuasion along with laws rules
beliefs, ideas, thoughts and attributes we associate
and regulations framed after wider deliberation and
with an object. There is a need to change cognitive
preparation.
aspect of alcoholic persons about the direct and
indirect impacts of alcohol. Here law has a minimal role
to play while social awareness campaigns can have
deeper impact.

• Affective: Affective component of an attitude refers to


feelings or emotions linked to an object. Most social
reforms become successful only by using this

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Ethics, Integrity & Aptitude

CASE STUDIES for Practice


MAINS GS PAPER IV

Case Study 1: The upland areas in a state remained on “Supreme Court had issued directives to furnish a report
after carrying out a new survey. Yet, the government has
edge with concerns over the satellite survey for
now published the report prepared in 2021 after
demarcation of buffer zones around protected areas
dillydallying for seven months,” he said.
running high, despite the government’s efforts to allay
fears about the dispossession of property and regulation Mr Chennithala said the government was bound to suffer
of activities. Citizens turned out in large numbers in Idukki a serious setback if it submitted the map in its present
and Kottayam to submit complaints about the draft buffer form before the top court. He accused the government of
zone map published by the government because their fumbling in the dark without carrying out the ground
livelihood and culture would be negatively affected due to survey.
reduction in the buffer zone area. Because the forest is Considering this whole controversy, the state government
the sole source of livelihood for the local tribe. They also has constituted an expert committee to investigate the
have an emotional attachment to the forest and its matter. You are appointed as head of that team. You are
biological diversity. The tribe is also known as the an environmental expert in the same state. Your job
protector of the forest and its biodiversity. application is pending before the government of the day.
Some credible sources revealed that this sudden Your wife is a cancer patient in the last stage. You are in
reduction in the buffer zone is a result of collusion urgent need of this highly remunerative job.
between the state and the business class. Because this (a) What are the options available to you under the given
forest is very rich in red Sandalwood which is in high situation?
demand in the domestic as well as global market. (b) Critically examine the options listed by you.
Moreover, there is a large amount of rare earth metal
(c) What type of mechanism would you suggest ensuring
which is in high demand for the rising electric-vehicle
environmental compliance?
industry.
(d) What are the ethical dilemmas you faced in exercising
A tense situation prevailed at Angel Valley of the state,
your option?
near Erumely (a place in the state), after a protest against
buffer zone demarcation turned unruly, resulting in SOLUTION

damage to public property. Forest officials filed a This case deals with various issues like collusive
complaint about vandalism and threats by protesters. corruption, environmental degradation, violation of law
Some legal experts highlighted that the controversial draft etc.
is a clear violation of rules regarding eco-sensitive zones. (a) Options available with the head of the committee.
If this draft comes into force, then there is a high I. Investigating the case from all aspects with full
probability of not only environmental degradation but expertise and integrity.
also hurting the goal of inclusive development.
II. Overlooking the concerns of the protesters.
Erumely panchayat decided to explore the possibility of
III. Finding the middle path to achieve development
impleading itself in the case on the buffer zone issue
with environmental protection.
under the consideration of the Supreme Court.
(b) Evaluation of the options
Meanwhile, Opposition political parties continued to turn
the heat on the government on the issue. Option Merit Demerit
Senior leader Suresh Chennithala of the opposition I Ensure justice to In case of accusations
political party said the draft buffer zone map published by duty. comes true then
the government was riddled with errors and inaccuracies.

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Ethics, Integrity & Aptitude

development is demanding the ouster of Ankur Mohan, director of the


compromised. school, for allegedly discriminating against the students
and staff based on caste. The State Higher Education
II He may get a Possibility of
Minister, R. Sindhu, has now instituted a high-level inquiry
lucrative job. environmental
on the issue and you are the head of that committee. You
degradation.
are a joint secretary whose file for promotion to cabinet
Loss of livelihood of secretary is under process in the office of the same
locals and long-term minister who is a relative of Mr Mohan. The team has been
damage. instructed to submit their findings in two weeks.
III May ensure May hamper The institute has witnessed several waves of protests
development and biodiversity and since its opening in 2016. In the latest bout of protest, led
environmental sustainable by the students’ council of the school, they have raised a
protection in the development in the set of charges against Mr Mohan that varied from caste
short run long run. discrimination to forcing sanitation workers to do
domestic labour at his official residence, including
(c) Mechanisms to ensure environmental compliance
cleaning of toilets.
• Participation of all major stakeholders in buffer zone-
According to the students, Mr Mohan took the lead in
related issues
shortening three-year courses offered by the institute into
• Mandating environmental audits in such eco-sensitive
two-year programmes without due consultation and
zones for clearance of any developmental project.
research. The sanitation workers, employed by the
• Institutionalising the review process of such
institute on a daily wage basis, have testified their
developmental projects in protected areas.
experience of receiving inhumane treatment at the hands
(d) Ethical dilemmas involved in the case are: of Mr Mohan. Another Dalit employee of the institute has
• Environment Vs Development: What to prefer approached the SC/ST commission with a complaint of
environment or economic development? caste discrimination against Mr Mohan.
• Personal interest Vs public interest: Whether to get a Documents that emerged in the public domain showed
lucrative job to save his wife by ignoring the concerns that as many as 26 out of the 30 seats reserved for
of locals, but doing so may pose a threat to the different categories of students have not been filled while
livelihood of locals and degradation of the admitting students to the 2022 batch. It showed that
environment. several candidates were denied admission with the
• Law Vs ethics: Prima facie, the government is abrupt introduction of cut-off marks by the institute’s
authorised to change the boundaries of protected academic committee.
areas hence he may find nothing wrong in this
The protest, which had been largely limited to the
controversial draft but the same draft is against the
institute’s campus in the first few days, struck a chord with
values of humanity and the environment.
filmmakers, film students as well as cinephiles during the
• Conclusion: Thus, it can be concluded that economic 27th International Film Festival of Kerala (IFFK) in
development and environmental protection should not
Thiruvananthapuram. An array of faces from
be considered in binary rather they should be treated
contemporary local cinema, including filmmakers
as complementary and supplementary in nature to
Aashiqui Abu, Mahesh Narayanan, Joe Baby, Kamal, K.M.
ensure sustainable and inclusive development.
Kamal, Vidhu Vincent, actor Sajith Madathil and musician
Shahbaz Aman joined the students at a protest staged at
Case Study 2: All students of the State-run M.R. the main venue of the event.
Narayanan National Institute of Visual Science and Arts, a Mr Mohan has stayed largely aloof from the public eye.
film school at Thekkumthala, Kottayam, have been on an But talking to The Hindu, he denied all the charges and
indefinite strike since last month. The students have been maintained that “the truth has a way of revealing itself”.

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Ethics, Integrity & Aptitude

Eminent filmmaker A.K. Gopalakrishnan, chairman of the Option Merit Demerit


institute, has been firm in his support for Mr Mohan and
described him as a ‘well-bred man’. i Justice to duty. May lose a
Establish universal promotion.
The statement, however, drew sharp reactions and the
protesters issued an open letter challenging Mr action.

Gopalakrishnan’s stance. The institution, meanwhile, is ii Denial of duty. May get


also accused of indulging in retaliatory action by promotion
cancelling the room reservations for 52 students who
iii Preventing the Escaping from
arrived in Thiruvananthapuram to attend the IFFK.
probability of conflict the duty
Though the students attempted to contact the director
of interest
and other officials, their calls went unattended. The State
Chalachitra Academy later arranged temporary (c) As head of investigating team, one should follow
accommodation for the students. The State government option number 1st because by doing so
has taken serious note of the issue as is evident from its • He will uphold foundational values of civil servants that
decision to institute a high-level inquiry into the issue. It, is integrity, objectivity and honesty etc.
at the same time, does not want to antagonise A.K. • He may ensure greatest good to the greatest number
Gopalakrishnan, a filmmaker of towering stature, and is that is the students.
treading a cautious path before taking any final decision.
• He may establish universal action and can create a role
(a) Under the given conditions, what are the options model for others in future.
available to you as a head of the inquiry committee? • He will promote virtue ethics in society at large.
(b) Critically evaluate each of the options listed by you. (d) Probable consequences of ignoring the demands of
(c) What option would you adopt and why? the students:
(d) What can be the consequences of overlooking the • Caste-based discrimination may be increased in the
questions raised by the protesting students? institutions.
SOLUTION • Exploitation of workers may continue.

Introduction: • Promote crony capitalism because the duration of


course has been reduced without reducing fees.
The above-given case deals with multiple issues like caste-
based discrimination, misuse of authority, irresponsible • Violation of law of land because reserved seats are not
behaviour, lack of transparency etc. being filled.

(a) Options available are: • Damage reputation of the institution, which in turn may
harm the institution in the long run.
I. Investigating all accusations of students against Mr
• Peaceful protests may turn into a violent one.
Mohan with full zeal and honesty.
Conclusion: Thus, based on above discussion we can
II. Saving the director by misleading investigation.
conclude that to ensure quality education and justice to
III. Recusing from the case.
society at large such accusations should be dealt with on
(b) Evaluation of options a priority basis efficiently and transparently.

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9. ETHICS
9.1. ETHICS OF METAVERSE
Introduction
In Tamil Nadu, a
and blessed the couple in a digital avatar at the wedding.
t there were other people there who supported this behaviour which made me feel isolated

These two instances highlight the level of integration that can happen between the digital and physical spaces, obviating the
need for understanding and evolving Ethics for Metaverse.
What is metaverse?
Metaverse can be understood as a combination of multiple elements of technology, including virtual reality, augmented reality
and video where users "live" within a digitally enhanced surrounding.
To understand how it works and the impact that it may create, it is important to have clarity on following ideas and technologies-
Virtual Reality: VR can be understood as the use of computer modelling and simulation
that enables a person to interact with an artificial three-dimensional (3-D) visual or other
sensory environment. E.g., games like World of Warcraft.
Augmented Reality: Augmented reality (AR) is an enhanced version of the real physical
world that is achieved through the use of digital visual elements, sound, or other
sensory stimuli delivered via technology. E.g., games like Pokémon Go.
Hologram: Holograms are virtual three-dimensional images created by the interference
of light beams that reflect real physical objects. E.g., Holograms used by BJP in the run-
up of 2014 elections.
Avatar: An avatar in the metaverse is a representation of an individual in the virtual
world, this digital avatar enables the person to function like an actual human being in a digitally created world.
Platform/Developer/User distinction: In metaverse, digital engagement will get very personal and tailor-
made for the user. In this context, it is important that role played by the platform, the developers and the
users is clearly understood.

How it works?
Using the aforementioned digital tools, the idea of
metaverse aims to connect people, places and things
in multiple environments.
The metaverse enables this by merging virtual,
augmented, and physical reality, and blurs the line
between your interactions online and in real life. It
would enhance our abilities to express pieces of
ourselves through avatars in ways that we may not
have been able to test out before.

What are the potential changes that it may bring?


Opening up new virtual worlds including virtual economies: Metaverse showcases introduction of multiple virtual
environments designed specifically for and sometimes by the user. This could create dedicated environments such as family
spaces, workspaces, recreation spaces etc.
o Creation of virtual world would translate to creation of virtual economies such as digital assets such as Non-Fungible
Tokens (NFTs), virtual environment developers etc.
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Development of new digital cultures: Occupation of a new space by people in physical or digital form leads to creation of
a new culture in that space. How people act and what their preferences are in the metaverse could be totally different than
how they behave in real life.
o Also, these cultures may evolve very differently as they would operate outside direct governmental regulation.
Usage and processing of data will increase exponentially: Data will be extracted from new sources like behavioural
patterns, idiosyncrasies of physical movement among others. This will increase the volume of data and the amount of
processing it is subjected to.
Affecting Mental health in both ways: There have been evidences
of virtual world nourishing mental health by aiding in confidence
development, increased tolerance etc. But at the same time, the
seamless integration of the real and virtual worlds has the potential
to aggravate issues such as addiction, anxiety, depression among
others.
Another dimension to cybercrime and cybersecurity: Metaverse
increases the degree of freedom experienced by its users. This opens
several dimensions of crime i.e., theft of virtual assets, identity theft
in metaverse alongside the already prevalent cybercrime issues.
Rising environmental burden: The technologies that embody the
metaverse i.e., Augmented Reality, Virtual Reality, Blockchain and
Big Data among others require significant among of energy. This may
increase pressure on already stressed carbon emissions.

What kind of ethical issues these changes could create?


Translation of Laws and Rights from Real to Digital space: In the
absence of a regulatory framework in the form of laws or a constitution, it is difficult to understand what are the Rights
that will be protected and how will they be protected.
Misuse and unfair ownership of data: In a seamless environment such as metaverse, it would be difficult to implement the
current consent based permission structure for private data resulting in muddled ownership of data and increased
vulnerability to misuse.
Multiplication of the prevalent toxicity: People engage in toxic behaviours such as trolling, bullying and hate speech on

Psychological issues with multiple Identities: Metaverse would enable the individual to create a digital identity without
the pushes and pulls of the society and the situation one is born in. This could create more identification with the digital
identity leading to issues like self-pity and dissatisfaction with oneself in reality.
Understanding and managing the intangibility of assets: The idea of virtual assets creates several questions like- who will
own these assets, are these assets transferable across platforms and what about the associated copyright issues.
Protecting the vulnerable: The vulnerable section, i.e., children, senior citizens and digitally unaware among others are
more vulnerable to influences of the metaverse environment. E.g., hyper-reality experiences could trigger a sensory
overload and induce fits or seizures in users who have a disorder like epilepsy.
The current rate of technological adoption in the form of Internet of Things
(IoT), 5G Technology etc. has aggravated the socio-economic divide. The prevalence of metaverse could create further
divide due to economic capacity, urban-rural gaps etc.
The most important ethical issue among these is to ensure that the digital lives of the participants and connectedly their real
life is not sub-consciously dictated by the platform or the interacting interface.
Principles that could guide ethics of the metaverse
It is evident that the rights, principles and doctrines of the real world may not completely translate to the digital realm. But
following principles could make metaverse a more understandable, safe and inclusive space-
Do no harm: Enabling testing environments which ensure that the effects of its experience are not harmful.
o A corollary of this principle is to avoid creating content that objectifies, demeans, or violates the rights of humans or
animals.
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Secure the experience: Use the best security protocols and protection to ensure that malicious actors cannot alter or harm
users while they are in the VR experience.
o For example, a community member might get voted off the island if enough token holders think someone is not
operating in a way that adheres to the community guidelines.
Be transparent about data collection: Ensuring that privacy policies specifically mention Metaverse data and how that data
will be used, shared, and protected.
Ask for permission: Include permission requests for sensitive data such as eye-tracking, health, and other biometric
information including movement-derived data.
Diversify representation: Provide a diverse set of avatars to users and ensure that representations of groups and characters
do not perpetuate stereotypes and are free of discriminatory moulds such as racism, casteism, communalism etc.
Regulate social spaces: Preventing cyberbullying and sexual harassment and ensuring inclusivity through community
guidelines and privacy protections. Projects involving children or other vulnerable populations should be given special
consideration.
Consider accessibility for all: Include options for those without standard vision, hearing, or movement to enable them to
participate meaningfully in Metaverse experiences. For example, allow users to integrate additional software or hardware
as needed through modular design.
Conclusion
In this dynamically evolving domain, to ensure that these principles are incorporated in both letter and spirit, the platform,
developers and users will have to innovate continuously and proactively.
It is said-

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9. ETHICS
9.1. CHANGING WORK CULTURE
Introduction

These headlines showcase the issues emerging with the changing work culture. These changes can be attributed to the
permanent effects of the pandemic driven lockdown.
What is work culture?
Work culture is defined as the cumulative effect that leadership practices, employee behaviour, workplace amenities,
and organizational policies
to cultural events and envisages to offer a work-life balance. This can be seen as an example of positive work culture.

What have been the major changes affecting work culture in the recent times?
Remote work: About 20 to 25 % of the workers are working from home between three and five days a week. This
represents four to five times more remote work sthan before the pandemic.
Faster adoption of Automation and Artificial Intelligence: Companies are stepping up investment in automation and
AI significantly and redesigning work processes, which could reduce the share of jobs involving routine tasks.
Monitoring through technology: Employers are using technologies to monitor their employees through methods such
as virtual clocking in and out, tracking work computer usage, and monitoring employee emails or chats.
Increased work hours: Pandemic has increased the number of hours employees spend working. It became the norm
for many to respond to a quick email, review a report, or perform other tasks at all hours of the day (always-on work
culture).
These changes have resulted in creation of larger trends in the workplace ecosystem.

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Moonlighting Quiet Quitting
The growing prevalence of remote work alongside Increased work-hours and blurring of boundaries between work
technology has increased the instances of moonlighting. and home ecosystems has prompted Quiet Quitting.
It means taking up a second job or multiple other work It refers to employees doing bare minimum at a job. For example,
-time job without the
knowledge of employers after the hours of office. pay for extra work, and/or setting clear work-life boundaries.

Hustle Culture Quiet Firing


The growing start-up culture has had a spillover effect on The culture of quiet firing has been prevalent for some time,
overall work culture in the form of Hustle Culture. especially in large companies.
It is a culture of encouraging employees or workers or Making the workplace as unpleasant as possible and encouraging
labourers to work more than normal hours. Work is on their employees to quit or neglecting them through lack of feedback or
minds even when they have free time or on holidays. resources.

What are the ethical issues arising from these changes?


Diminishing sense of community: Growth in technology along with the growing culture of hybrid work has decreased
the sense of community among the employees. This has also aggravated issues like loneliness.
Erosion of trust between employees and employer: The issues like Quiet Quitting and Quiet Firing stem the flow of
honest communication between employees and employer. In the long-run, this erodes the trust within the
organization.
Health issues due to overworking: The paper in the journal Environment International showed that 745,000 people
died from stroke and heart disease associated with long working hours in 2016. That was an increase of nearly 30 per
cent from 2000.
Rapid Digitalization risks: Threat to digital well-being has increased. There are sign for anxiety due to digitalization
along with cyber security threats.
Burnout and issues related to Mental Health: There is growing concern around mental wellness and the state of mind
that is required to think critically, rather than just accept information at face value.
Work and Mental Health issues
Insecurity: Unemployment or unstable or
precarious employment, discrimination in
the workplace or poor working
environments become sources of stress
and pose a risk to mental health.
Psychosocial risks: It is associated with
negative mental health outcomes,
including suicidal behaviours due to
negative or toxic work culture.
Strategies to tackle mental health issues
Prevent work-related mental health
conditions through psychosocial risk
management.
Protect and promote mental health at
work, especially through training and
interventions that improve health literacy.
Create an enabling environment with
cross cutting actions to improve mental
health at work.

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What can be done overcome these issues and create a
positive work culture? Role of leader to improve work culture
Be a role model: Those at the top must exemplify the
Aiming at overall well-being: Success has different culture they preach.
meanings for different people. The organization should Provide an open communication platform: It is a good
envisage overall growth of its employees which includes
all elements of positive work culture along with Empower employees: A culture of autonomy allows for
monetary compensation. more problem solving and greater innovation.
Using technology to simulate reality as far as possible: Leaders can
Ideas like video-conferencing, shared work platforms encourage them to learn from what went wrong and
make improvements the next time around.
and instant messaging can keep the work flow
Recognise a job well done: Employees who are openly
stimulated in a hybrid work environment.
shown appreciation at work are happier and more
Maintaining healthy and clear communication: The productive.
issues like quiet quitting/firing generally arise with Take meaningful action on feedback: Leaders should
expectations on either side are not met. To minimize work upon the feedback provided by the employees.
that, regular and clear communication regarding
expectations can be clearly laid out.
Transparency in workflow: Transparency ensures that the responsibilities are clearly assigned, opportunities are
provided in fair manner, and credit is given to the deserving employees.
- Simon Sinek

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9. ETHICS
9.1. ALCOHOLISM IN INDIA
Introduction
Growing alcohol consumption in India is becoming a major health hazard and a social menace. The recent death of over
prohibition in addressing it; calling
for a change in approach to address growing alcohol consumption.
Who are the key stakeholders and their Interests in the context of Alcoholism and Prohibition?
Stakeholder Interests
Government Ethical Dilemma over relation between State and Individual, i.e., whether to protect individual liberty
or autonomy under Fundamental Rights or fulfill constitutional responsibilities under DPSPs to intervene
in public health matters.
o Alcohol consumption leads to multiple chronic health issues, social violence and increased road
accidents (8,355 accidents in 2020).
Ethical Dilemma over contribution of liquor business in government revenues (for State Government)
and its duty to protect weak, vulnerable, and impressionable individuals.
Individuals and Right of Freedom of Choice and Privacy of Individuals.
Families Need to reduce domestic violence against women and children caused in inebriated situation.
Avoiding indebtedness by reducing money spent on alcohol, especially for the poor; helping to overcome
challenges of land alienation, bonded labour, trafficking etc. due to indebtedness.
Liquor Industry Ethical Dilemma of marketing products with harmful impact on individuals and families to maximize
profits or follow Social Responsibility to encourage sensible drinking.
Protecting jobs in the liquor industry by overcoming the challenges from illegal liquor business which
grows due to prohibition.
Local Effective implementation of laws to curb the illegal liquor industry.
Administration Increasing awareness among people on ills of liquor consumption, helping to reduce crimes committed
by intoxicated people
Society Ethical Dilemma over use of social norms or social pressure to protect relationships and families or leave
it to personal discretion of individuals with limited moderation.
Also, within societies, the views on alcohol consumption differ as in some it is part of socio-religious
rituals while others call to abstain.
What is Prohibition and how effective it is?
Prohibition is the action of forbidding something, especially by law.
In India, under Article 47 of the Constitution of India, as part of the public health- prohibition of the consumption of
intoxicating drinks and of drugs which are injurious to health except for medicinal purposes is among Directive
Principles of State Policy (DPSPs).
Under the Seventh Schedule- production, manufacture, possession, transport, purchase and sale of intoxicating
liquors and excise duties comes under the List II (State List).
Presently, four States and one Union Territory in India prohibit alcohol state-wide as- Gujarat, Bihar, Mizoram,
Nagaland and Lakshadweep.
Some states tried prohibitions in the past (e.g. Haryana and Andhra Pradesh) or have prohibited it in certain
districts. E.g., Maharashtra in 3 districts.
Historical evidence shows that prohibition does not encourage or enable people to behave responsibly and drink
sensibly or quit drinking. E.g., in the USA (18th Amendment of 1920), after an initial decline in consumption and related
hospitalizations prohibition lead to multiple issues leading to its repeal.
What are the major issues and challenges with Prohibition in India?
Black marketing of alcohol in Gujarat and Bihar through neighboring areas of Daman and Nepal in respective states.

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Loss to the exchequer through loss of taxation and its indirect impact on tourism in states. E.g. Andhra Pradesh
removed prohibition in 1997 due to rising budgetary deficit caused by loss of revenue.
Clogged Judiciary through increased number of cases in courts with an already high pendency. E.g. the prohibition in
Bihar has resulted in the arrest of more than four lakh people in around 3.5 lakh cases.
Rise in hooch tragedies due to consumption of illegal country made liquor.
Increased administrative corruption as the growth of bootlegging industry increases opportunity of rent-seeking and
systemic corruption.
by state and society through coercive laws or social norms.
Other Challenges: Though prohibition makes a moral appeal, it is difficult to prohibit due to various practical
difficulties (see image).

What can be done?


With differing socio-religious opinions and dilemmas faced by multiple stakeholders, a participatory approach becomes
vital for a good public policy. It can help in creating an atmosphere where each stakeholder, including individuals,
understands their responsibility through:
Laws which encourage responsible behavior and compliance while being strong against domestic violence, drunk
driving or illegal liquor industry or its smuggling.
E.g., having a uniform drinking age law across the country where no person below that should be permitted to
buy alcohol.
Regulations over liquor Industry to avoid indirect marketing tactics to promote liquor consumption (e.g., surrogate
marketing).
Labeling Standards with adequate notices and cautions to help people in making informed decisions.
Avoiding Arbitrary or Discretionary actions while containing negative fallouts of prohibition on tourism and MICE
(meetings, incentives, conferences and exhibitions) sector.
Use of Corporate Social Responsibility to ensure responsible drinking and increasing the de-addiction facilities.
Gathering community support to avoid addiction and rehabilitate people suffering from addiction.
Information, Education and Awareness (IEC) campaigns from state and district administration to educate people
about the ill effects of alcoholism, as Adi Shankara said:
rance. Knowledge does verily destroy
.

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9. ETHICS
9.1. ETHICS OF ARTIFICIAL INTELLIGENCE
Introduction

on autonomous mode, so the responsibility of the accident lies with the car manufacturer. Is Elon guilty or not guilty?
Assimilation of Artificial Intelligence (AI) in various parts of our life has been creating innumerable such dilemmas. In this
context, UNESCO has been deliberating on how AI should be used by governments and tech companies.
Ethics in Artificial Intelligence (AI)
The notion of is understood broadly as any kind of artificial computational system that shows
intelligent behaviour, i.e., complex behaviour that is conducive to reaching goals.
Striving to achieve goals requires AI systems to make decisions which impact human lives. E.g., autonomous cars. Taking
such decisions requires rational as well as emotional understanding of how humans think and what are the values, they
base their decision on.
AI ethics is a system of moral principles and techniques intended to help this system take informed decisions ethically
acceptable along with being logically optimal.
What are the ethical issues associated with AI?
Automation and unemployment: AI promises to automate a large section of the job market. Some experts suggest
that large scale advent of AI will generate newer kinds of jobs, but how much will it be able to compensate remains
to be seen.
Privacy & Surveillance: The advent of AI amplifies the known issues of Data Surveillance, theft, profiling among other.
For example, face recognition in photos and videos using AI-based image processing will aid profiling and searching
for individuals.
Manipulation of Behaviour

o For instance, many advertisers use AI- identified psychological effects to maximise profit, including exploitation
of behavioural biases, deception, and addiction generation.
Opacity of AI Systems: The decisions taken by the AI system are not transparent. This opacity fuels absence of
accountability, probity and most importantly fuels distrust among people.
Bias in Decision Systems: Many AI systems rely on machine learning techniques in (simulated) neural networks that
will extract patterns from a given dataset, these patterns mimic human biases such gender-bias, race-bias etc.
o For example, the trial applications developed by predictive policing tend to profile people from certain
communities as potential threats (i.e., racist or casteist robots).
Human-Robot Interaction: Interaction with intelligent robots pose several questions on like- how do we treat robots
who emulate human emotions? How do we protect ourselves or the vulnerable section from getting physically or
psychologically harmed? And How do we protect our privacy when interacting with social robots.
Singularity: The idea of singularity is that if the trajectory of artificial intelligence reaches up to systems that have a
human level of intelligence, then these systems would themselves have the ability to develop AI systems that surpass
the human level of intell
Some examples of how these are affecting us
The issues created by adoption of AI have a sense of universality i.e., they tend to be present in multiple spheres of life.
Some of such examples have been illustrated below-

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Biased AI
search engine and you will probably see a list of the
gender bias in artificial
intelligence, originating from stereotypical representations deeply rooted in our societies.)

Autonomous Car
Imagine an autonomous car with broken brakes going at full speed towards a grand-mother and
a child. By deviating a little, one can be saved. Whom would you choose? (Example of ethical
dilemma involved in creating such decision systems)

AI creates Art
Who will be designated as the author? The company which orchestrated the project, the engineers, the
absence of responsibility and accountability norms for
machines and robots)
AI in the court of law
The use of AI in judicial systems around the world is increasing, creating more ethical questions
to explore. AI could presumably evaluate cases and apply justice in a better, faster, and more
efficient way than a judge. But will it be neutral, will it uphold human rights and fundamental
values? (Example of an efficient but unpredictable use of AI)

What can we do create an ethical AI ecosystem?


Every day, new use cases of AI are emerging, it would be impossible to potentially foresee every possibility. To overcome
this issue, 193 countries at UNESCO have collectively finalized following design principles for ethical use of AI-
Proportionality and Do No Harm: The choice to use AI systems and which AI method to use should be proportional
to achieve a given legitimate aim, should not infringe upon the human rights and should be based on rigorous scientific
foundations.
Fairness and non-discrimination: AI actors should promote social justice and safeguard fairness and non-
discrimination of any kind in compliance with international law.
Sustainability: The continuous assessment of the human, social, cultural, economic and environmental impact of AI
technologies should be carried out.
Right to Privacy, and Data Protection: Algorithmic systems require adequate privacy impact assessments, include
societal and ethical considerations of their use and an innovative use of the policy by design principle.
Human oversight and determination: Ensure that it is always possible to attribute ethical and legal responsibility for
any stage of the life cycle of AI systems, as well as in cases of remedy related to AI systems, to physical persons or to
existing legal entities.
Transparency and explainability: This opens up the AI system for clearer understanding of its processes. This will
ensure that people fully appreciate the decision-making process and the associated consequences.
o Transparency and explainability relate closely to adequate responsibility and accountability measures, as well as
to the trustworthiness of AI systems.
Multi-stakeholder and adaptive governance and collaboration: Participation of different stakeholders throughout
the AI system life cycle is necessary for inclusive approaches to AI governance, enabling the benefits to be shared by
all, and to contribute to its sustainable development.
Conclusion
Some ethical questions are about mitigating suffering, some about risking negative outcomes. While we consider these
risks, we should also keep in mind that, on the whole, this technological progress means better lives for everyone. Artificial
intelligence has vast potential, and its responsible implementation is up to us. We need a human-centred AI.

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9. ETHICS
9.1. ETHICAL CORPORATE GOVERNANCE IN STARTUPS
Introduction

changes. Startups are the latest addition to it, supported by digitization. But in recent times, several startups have found
themselves with poor internal controls or avoidable controversies (e.g., BharatPe). This has ignited the need for
strengthening ethical corporate governance standards/principles in these new-age companies.
About Ethical Corporate Governance
The Cadbury
Committee defined
corporate governance
as "the system by
which companies are
directed and

It represents the
structure of rules,
practices, and
processes used to
direct and manage a
company for its
efficient and effective
functioning.
Ethical Corporate
Governance is when
these rules, practices
and processes are
driven by moral
principles or values to ensure efficiency.
It includes principles of accountability, transparency, integrity, fairness, corporate social responsibility etc.
The board of directors of a company hold the prime responsibility of ensuring this ethical corporate governance by:
Aligning company decisions with interests of all stakeholders, i.e., shareholders, senior management, financiers,
employees, customers, government, community etc., and
Preventing the operational and managerial malpractices, serving quality goods or services to customers and
yield benefits of ethical corporate governance for all.
Why is there a need for Ethical Corporate Governance in Startups?
Unconventional nature: Startups are the early-stage companies focusing beyond conventional strategies for smart
solutions to problems in a cost-effective manner. This warrants an improvised application of the ethical corporate
governance principles.
Large and growing numbers: India has the 3rd largest startup ecosystem in the world with 71,248 recognized
startups, including 100 unicorns, with a total valuation of over 25 lakh crore rupees.
Sectoral omnipresence: They are present in almost every conceivable space and function as the new engines of
growth, job creation and socio-cultural transformation In India.
Young age of founders, limited business exposure and short-term interests like funding rather than long-term
sustainability leads to increased ethical lapses (see image).

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Why is it challenging for Start-ups to adopt Ethical Corporate Governance?
Unlike big corporate houses or listed companies with availability of guidelines, resources and experience, startups suffer
from issues such as:
Limited resources: In initial stages, most startups lack people or funds necessary for creating systems and processes
for building an ethical workplace.
Young-age of entrepreneurs: As number of startups are started by entrepreneurs with negligible or zero experience,
they tend to have limited understanding of why ethical systems and corporate governance is essential for long-term
growth.
Workplace culture issues: The workplace culture prevalent in India is largely employer centric, creating issues like
limited accountability, low emphasis on values such as fairness etc. This indirectly discourages start-ups to adopt an
ethical culture organically.
Short-term Focus: When started or in an early stage, the focus of most startups are attracting funding, which could
lead to the neglect of ethical principles necessary in the long-term perspective.
Underdeveloped Ecosystem: Indian startup ecosystem has some missing links such as proper mentorship and
support; public interest-oriented Venture Funds etc.
How can start-ups get freedom of growth without compromising their ethical responsibilities?
Not a one approach to corporate governance may be right for all companies, including startups. But they can start by
following some ethical principles, applied to their context:
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Accountability: The Company Management should follow the obligation to explain and reason
actions and conduct. Streamlined methods can be adopted for this communication to avoid additional regulatory
burden on Start-ups.
Responsibility: On behalf of the company, the Board of Directors/investors should accept full responsibility for the
powers they are given and exercise the authority.
Transparency: Inform stakeholders about the , what it plans to do in the future and any risks
involved in its business strategies as part of good governance. Digital tools like weekly newsletters, updated website
could be used make the associated cost minimal.
Fairness: The corporate strategy, developed and implemented by management, should focus on long-term value
creation through timely disclosures; helping investors to assess the financial and business soundness and risks of
the company.
Corporate Social Responsibility (CSR): In decision-making, management should consider the interests of all

o Stakeholders such as employees, customers, suppliers, and the community, and


o Regard for environmental, health, safety, and sustainability for long-term value creation.
Leadership: The top of startups should set the tone- demonstrating
compliance- to set the groundwork for an ethical work culture.
Also, other stakeholders have the responsibility to make Ethical Governance easier by-
o Government: Developing a Code of Best Practices on corporate governance standards and providing tailor-made
versions ethical practices for different sectors (in order to encourage compliance).
o Citizens: In addition to being customers, they are co-producers and evaluators of services. The choices that they
by and large dictate the processes and products of companies. They can help by making more ethically responsible
choices.
Conclusion
Starting a company is just a beginning on a long journey. Ethical corporate governance helps a startup in this by building
and sustaining reputation, attract/retain talented employees and gain trust towards its stated objectives. An ethical
start-up ecosystem will lay the foundation for an ethical economy, an ethical society, and most importantly the ethics in
individual action.

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9. ETHICS
9.1. SOCIAL MEDIA AND CIVIL SERVANTS
Introduction What makes Social Media different?
Connectedness: Ability to connect
Prime Minister. This was spoken in and re- connect like-minded people.
the context of Civil Servants turning into Instagram celebrities. At the same Collaboration: These connections
enable people to collaborate.
time, IAS officer and collector Prasanth Nair used his social media influence
Community: Connectedness and
to gather volunteers for cleaning up a lake in Kerala. collaboration helps create and
How have Civil Servants been using Social Media? sustain communities.

Very broadly, social media can be defined as any web or mobile What do All India Services (Conduct) Rules, 1968 say?
based platform that enables an individual or agency to
communicate interactively and enables exchange of user It highlights that no member of the services should
make a statement on any public media-
generated content. E.g., Meta, Twitter, Instagram etc.
which has the effect of an adverse criticism of any
The advent of social media is transforming the manner in which
current or recent policy or action of the Central
information is shared and distributed. Civil Servants have Government or a State Government.
generally been using it in the following ways: which is capable of embarrassing the relations
Connecting with citizens: Civil Servants use social media to between the Central Government and any State
create a personal connect with citizens. This could increase Government.
which is capable of embarrassing the relations
public participation, build trust, and increase popularity of
between the Central Government and the
the concerned civil servant.
Government of any Foreign State.
Sharing information and improving awareness: Public
officials including
civil servants share
details of
government
schemes, latest
policy updates,
regulations etc. E.g.,
Delhi Traffic Police
creating traffic law
awareness through
memes.
Understanding
public viewpoint:
Social Media acts as
database of public
opinion. Many times
it is used by Civil
Servants to gauge
feedback on policies
and programmes.
Also, social media
discussions reflect
underlying issues like castism, communalism, and sexism among others.
Personal usage: Beyond official capacity, Social Media is also used by Civil Servants in personal capacity for
expressing personal opinion and sharing other content.

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Usage of Social Media by Civil Servants creates a Role for Civil Servants in media realm in addition to their bureaucratic
role.
Having this dual role sometimes helps in improving governance. But sometimes, the media role runs counter to the
traditional bureaucratic role. Following can be cited as merits and demerits of the same-
Merits of using social media by civil servants Demerits of using social media by civil servants
Accessible to the Common People: Civil servants Principle of Neutrality and Anonymity: Civil Service values
have become accessible to the common people. For
example, during Covid-19 pandemic, many civil
servants were accessible to citizens through social publicly or appreciated for that matter, contrary to what social
media. media provides.
Public service delivery issues have been resolved Inconsistent with the parliamentary form of government: In a
using of social media. parliamentary form of government, the ministers are directly
Better policy making: Opinions and feedback from responsible to the people through their elected representatives
Social Media can enable Data based policymaking. and bureaucrats are only accountable to their line of authority.
Create a Positive outlook: Social media has also
been used to create a positive outlook towards an and private identity: Actions online are easily visible to colleagues,
institution long perceived as opaque and employers, and the general public, thus making it difficult to
inaccessible. separate professional and personal selves.
Awareness: Social media provides a platform to Undue self-promotion: Fame is sometimes used by civil servants
keep the general public informed and updated about for self-promotion. Many Civil Servants post about their work.
important issues and engage with an audience on a These posts are then promoted by their fans and followers,
deeper level. creating a public narrative of their performance.

What can be done to ensure effective use of social media by civil servants?
Following core values have been suggested by Department of Electronics and Information Technology social media
presence and interaction of civil servants:
Identity: Always identify clearly who you are, what is your role in the department and publish in the first person.
Disclaimer may be used when appropriate.
Authority: Do not comment and respond unless authorized to do so especially in the matters that are sub -judice,
draft legislations or relating to other individuals.
Relevance: Comment on issues relevant to your area and make relevant and pertinent comments. This will make
conversation productive and help take it to its logical conclusion.
Professionalism: Be Polite, Be Discrete and Be Respectful to all and do not make personal comments for or against
any individuals or agencies. Also, professional discussions should not be politicized.
Openness: Be open to comments whether positive or negative. It is not necessary to respond to each and every
comment.
Compliance: Be compliant to relevant rules and regulations. Do not infringe upon IPR, copyright of others.
Privacy: Do not reveal personal information about other individuals as well as do not publish your own private
and personal details unless you wish for them to be made public to be used by others.
Conclusion
Civil Servants when using the social media are de facto representatives of government. In this context, they are expected
to uphold as well as project the civil services values such as fairness, integrity, transparency, and courage among others.
Therefore, every post by any civil servant has to contextually relevant and has to pass the litmus test of ethics of public
service.

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9. ETHICS
9.1. BHAGAVAD GITA AND THE LEARNINGS FOR ADMINISTRATIVE ETHICS
Introduction
Recently, the Gujarat government announced that the Bhagavad Gita will be a part of the school syllabus for Classes 6 to
12 across the state from the academic year 2022-23.
The knowledge imparted by the Bhagavad Gita goes beyond the religious connotation. It discusses issues ranging from
the values essential for life to resolution of complex ethical conundrums and beyond.
The principles and ideas of ethical conduct propagated by the scripture are useful not only for school education but in
other areas such as business ethics, medical ethics among others. The domain of its applicability also includes
Administrative Ethics providing guidance to systems and administrators alike.
What are the principles and issues in administrative ethics?
Public administration, the cornerstone of

critical role in effective governance for

To achieve effective governance from


public administration institutions it is
important that they meet 11 principles of
effective governance (see image).
But in India we still lack a Code of Ethics
for the Civil Servants.
The Indian Administration suffers from
number of other issues as well, such as:
o Corruption, i.e., abuse of authority
and squandering of public money.
E.g., India still ranks at 85 in Corruption Perception Index due to nepotism and bribery.
o Lack of Objectivity in Decision Making due to political interference and continuity of Hegelian perspective, i.e.,
they represent the universal interest of the society.
According to Michel Crozier, French Sociologist, it leads to Bureaucratic Phenomenon characterized by
slowness, complication of procedures, ponderousness etc.
o Ineffective Leadership or poor supervision from higher authorities in ensuring follow up of Constitutional values
or a minimal Code of Conduct by all subordinates.
o Lack of accessibility and responsiveness as authority is seen as a status of ruler rather than one in public service.
o Lack of Transparency and Accountability despite laws like Right to Information.
How can teachings of Bhagavad Gita add value to the system of administrative ethics?
Teachings of Bhagavad Gita can play an important role towards effective, accountable, and inclusive governance by
guiding public servants on ethical behavior or conduct. It will help in overcoming decision-making issues and create an
ethical workplace through:
Integrity in actions: Central to the scripture, Bhagavad Gita promotes Nishkama Karma
(detached involvement) over Sakama Karma (attached involvement). Nishkama Karma
or selfless actions will lead to integrity by removing attachments, egoism or actions
with personal gain in mind. As verse 47 of Chapter 2 says:

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oYou have a right to perform your prescribed duties, but you are not entitled to the
fruits of your actions. Never consider yourself to be the cause of the results of your
activities, nor be attached to inaction.
Objectivity in Decision Making: Bhagavad Gita promotes Lok Samgraha, i.e., holding all
together. It inspires towards universal welfare (inclusive and sustainable
development) through firmness of mind and preference to Shreya over Preya, i.e.
Goodness or Objectivity over pleasure or happiness. As verse 22 of Chapter 16 says:
o Those who are free from the three gates to darkness endeavor for the welfare of their soul, and thereby attain
the supreme goal.
Leadership Development: Bhagavad Gita stresses on performance of Svadharma, i.e., own duty or dharma. When
leadership performs its duties in a righteous way, subordinates also recognize and revere the leadership and follow
the path of action.
Motivation: Studies have highlighted that most of the reasons behind work related stress are related to mind such as
pressure of performance, relationships, media pressure etc. Bhagavad Gita focuses on mind and distinguishes
between subconscious and conscious actions to promote Sattva and divinity in all- removing jealousy and creating
motivation for work.
o Maharishi Patanjali also focused on human Vrittis (fluctuations of mind) with building
of right knowledge (part of Sattva) to reinforce Samskara for right actions.
How can teachings of Bhagavad Gita help uphold these qualities?
Paul H Appleby highlighted some important qualities of a good administrator such as- a good
listener, a strong bent towards action, willingness to assume responsibility etc. Bhagavad Gita can help administrators
develop these qualities-
Emotional Intelligence: Bhagavad Gita calls for Sthitaprajna, i.e., to acquire equanimity or calmness with firm resolve.
It can help administrators to have control over senses and build a steadfast resolve towards the goals/objectives.
Resolution of Ethical Dilemmas: Nishkama Karma detaches individuals from results of their action. It can help
administrators in resolving conflict between moral imperatives, especially dilemmas caused by conflict between Self-
interest and Public Benefit.
Compassion (Karuna): Sattva and purification of mind helps in building compassion towards fellow living beings. It
can help administrators in overcoming prejudices through clarity of mind and motivation to use official power to
resolve problems of people.

"You see, spirituality has no religious overtones. The essence of spirituality is to make a person pure in his mind and his thoughts.
-to-day life, so I started practicing
it.
I consider it an administrative gospel, one that will help you in doing things like running an organization".
- E. Sreedharan (Metro Man of India)

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