India's Vision for a Peaceful Neighborhood
Just War Theory
Rampura, a remote district inhabited by a tribal population, is marked by extreme backwardness and abject (extreme) poverty. Agriculture is the mainstay of the local population, though it is subsistence due to the very small landholdings. There is insignificant industrial or mining activity. Even the targeted welfare programs have inadequately benefited the tribal population. In this restrictive scenario, the youth has begun to migrate to other states to supplement the family income.
Plight
of minor girls is that their parents are persuaded by labour contractors to
send them to work in the Bt Cotton farms of a nearby state. The soft fingers of
the minor girls are well suited for plucking the cotton.
The
inadequate living and working conditions in these farms have caused serious
health issues for the minor girls.
NGOs
in the districts of domicile and the cotton farms appear to be compromised and
have not effectively espoused the twin issues of child labour and development
of the area.
You
are appointed as the District Collector of Rampura.
a) Identify the ethical issues involved.
b) Which specific steps will you initiate to
ameliorate the conditions of minor girls of your district and to improve the
overall economic scenario in the district (250 words)
Key points
Ethical Issues
·
Administrative apathy and lack of political will: Failure to address tribal backwardness, poverty and
inadequate implementation of welfare schemes.
·
Lack of proactive governance: Absence of timely interventions to prevent distress
migration and exploitation.
·
Distributive injustice: Unequal access to livelihood opportunities, education,
healthcare and basic amenities.
·
Child labour and exploitation: Employment of minor girls violates their dignity, rights
and legal protections.
·
Violation of human dignity: Treating children as instruments of economic gain rather
than individuals with intrinsic worth (Against Kantian ethics).
·
Corruption:
Failure of officials to discharge their responsibilities effectively.
·
Compromised civil society: Failure of NGOs to uphold accountability and protect
vulnerable communities.
Steps - Minor Girls
·
Rescue and
rehabilitation
·
Provision of
healthcare
·
Implementation of
Right to Education
·
Vocational training
+ Skill development
·
Consult - Bachpan
Bachao Andholan – Kailash Satyarthi
·
Effective
implementation of Child labour law
·
SABLA – Adolescent
girls – Nutrition and Skills
Steps - Overall Economic Scenario
·
Stakeholders - NGOs,
SHGs, Media, Local/religious leaders
·
NGO – Regulation and
motivation; positive collaboration
·
Political will –
persuasion; reports; generates funds;
·
Modernization of
Agriculture – Irrigation; method; transport; price; marketing;
·
Welfare Schemes –
Meeting with employees; motivation; steps
·
Industries –
Agri-based; small scale; food processing; labour intensive; Ease of doing;
·
Employment -
MGNREGA; Self employment, Skill development
There is a disaster-prone State having frequent landslides, forest fires, cloudbursts, flash floods and earthquakes, etc. Some of these are seasonal and often unpredictable. The magnitude of the disaster is always unanticipated. During one of the seasons, a cloudburst caused devastating floods and landslides leading to high casualties. There was major damage to infrastructure like roads, bridges and power generating units. This led to more than 100000 pilgrims, tourists and other locals trapped across different routes and locations.
The
people trapped in your area of responsibility included senior citizens,
patients in hospitals, women and children, hikers, tourists, ruling party’s
regional president along with his family, additional chief secretary of the
neighboring State and prisoners in jail.
As
a civil services officer of the State, what would be the order in which you
would rescue these people and why? Give justifications.
* Not a Model Answer
As a civil services officer, my primary responsibility is to
save as many lives as possible in a disaster situation.
·
Right to life
·
Urgency
·
Vulnerability
·
Utilitarianism
·
Dedication to Public
Service
The
order in which I would rescue the people is as follows:
Patients in Hospital
·
Physical vulnerable –
medical condition
·
Psychological
distress – Sudden disruption of medical services
·
Critically ill
patients – first priority
Senior
Citizens, Women and Children
·
SC – Limited mobility
·
Women – Pregnant
women, Lactating mothers – Special attention
·
Children – May not
understand the seriousness of the issue
Tourist
·
Not familiar with
local geography
·
May not know the
local disaster-management mechanisms
·
Athithi Devo bhava
·
No discrimination –
Domestic or international
Prisoners
·
Arrange additional
force – Secure location
·
Right to life
·
No discrimination –
Trial or convict, serious crimes or Minor crimes
Additional
Chief Secretary
·
Administrative
experience, communication networks and knowledge of DM Mechanisms
·
If not facing
immediate threat – delay
Regional
President
·
Access to local
networks and resources
·
Regional president
and family members – As per vulnerability and urgency
Hikers
·
Physical fit, well
trained with survival techniques
·
Comparative less
priority
These priorities are based on the urgency of the situation,
vulnerability of the individuals, and availability of resources. However, the
situation may change dynamically, and the priorities may need to be revised
accordingly. As a civil services officer, it is my duty to ensure that the
rescue operations are conducted efficiently and effectively to save as many
lives as possible.
What is the role of conscience as a source of ethical guidance in public administration? Explain with examples where following one's conscience led to ethical governance despite legality and political pressures.
·
Conscience – Is it right?
·
Public administration – is it legal?
·
Conscience in Public Administration – Is
it legal? Is it in the public interest? Is it ethical?
Examples
·
Old woman without documents
·
Demolition of Slums
·
TN Seshan
·
Armstrong Pame
Limitations
·
Subjectivity
·
Bias
·
May be used to justify favoritism, violation
of laws/rules/regulations
Conscience + Law of the land + Public Interest +
Weaker Section
During the laparoscopy, Dr. Mansi’s team discovered
a tumor in Lata’s uterus. A closer examination suggested that the tumor could
be malignant.
One option before Dr. Mansi was to extract a sample
for biopsy. In that case, if the tumor
was malignant, Lata would have to
undergo another surgery for removal of the uterus. An alternative was to remove
the uterus immediately. Dr. Mansi had to take a quick decision.
As Lata was under general anesthesia, Dr. Mansi
explained the situation to Sujatha. Sujatha agreed with Dr. Mansi’s
recommendations for a hysterectomy,
wherein Lata’s uterus would be removed to avoid the risk and pain of undergoing
another surgery. Dr. Mansi removed Lata’s uterus after receiving Sujatha’s
consent in writing. Lata was informed of this the next day. She was very upset
and felt betrayed, as she had not consented to the removal of her uterus.
Lata complained to the police who tried to convince
her that Dr. Mansi had acted with good intention to help a patient. Sujatha was
of the same opinion, however, Lata was not convinced and decided to approach
the court.
(a)
Discuss the ethical
issues involved in this case.
(b)
Discuss the moral
conduct of the doctor in this situation.
Ethical Issues
· Patient - Autonomy
· Doctor – Beneficence
· Doctor – Non-maleficence –To prevent future pain
· Beneficence does not automatically override autonomy
· Paternalism – Only when it is necessary; To be extra careful when we are taking irreversible decisions
· Trust in Healthcare professional
· Informed Consent – Adequate information; what? Benefits? Risks? Alternatives?
· Lata approached court – appropriate; Doctor – Opportunity to explain
Moral Conduct of the Doctor
Merits
· Concern for the patient welfare
· Consultation with a family member
· Communication to Lata after Surgery
Demerits
· Failure to respect Patient Autonomy
· Consent to laparoscopy vs consent to hysterectomy
· Relative’s Consent vs Patent’s consent
· There was no emergency to take decision
Ethical Decision Making
· Intention – Procedures - Consequences
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Last year, Ravi had sought installation of an AI-enabled software for predictive policing.
This system has been operational for approximately six months. This system
employs advanced algorithms for capturing the biometric data of persons in a
crowd and swiftly relating it to a data library. This has enabled the police to
identify the persons involved in various crimes.
The system has identified an immigrant and
low-income neighbourhood as a centre for gang violence and drug trafficking.
Aided by this AI analysis, the local police has focused its patrolling,
preventive detentions and establishing checkpoints. Consequently, public order
and law enforcement has visibly improved.
Last week, some community leaders, civil rights
lawyers and human rights activists visited Ravi’s office. They submitted a
memorandum that the new system is faulty as it is based on incorrect historical
data caused by social biases and discriminatory policing. The memorandum also
alleges that the increased surveillance has created a climate of tension
amongst residents. This feeling is aggravated by the fact that the residents are
not aware of the data noted against their names.
(c)
What are the ethical
issues including biases involved in the use of AI in data-driven policing?
(d)
Place yourself in
Ravi’s role and discuss the alternatives available. Justify the action that
optimises compliance with ethics.
The new industrial area had caused many farmers to
submit applications for change of land
use (CLU) to convert their farmlands into residential areas. There is an
unusually large backlog of these
applications awaiting processing. Seema noticed that some applications had been
approved selectively with no visible
chronological pattern. The case files showed a few complaints of some approvals
being subject to receipt of large bribes from the applicants.
On further fact-finding, Seema realized that a small
group of touts were controlling this illegal activity through some subordinate
officials in the Collectorate. This had created a fear in the other employees
who were reluctant to process any application. The resultant backlog has been
piling up thereby hindering local economic progress and causing public
dissatisfaction.
Seema was faced with a major moral and
administrative challenge of dismantling this corruption network without hampering daily administrative
operations. An aggressive internal investigation would result in institutional
resistance and, possibly, a backlash from labour unions. Conversely, ignoring
this situation would encourage the wrongdoers and unnecessarily continue this
avoidable harassment to the populace.
(a)
What are the ethical
issues involved in this case?
(b)
Discuss the options
open to Seema. Identify the recommended option and justify it.
Ethical Issues
· Unusually Large backlogs – Lack of transparency and accountability
· Bribes – Official power - Public interest vs Personal benefit;
· Selective approval – Partiality and Abuse of discretionary power
· A small group of touts controlling - Lack of respect/fear towards to legal consequences
· Some employees are afraid to process application – Fear of consequences – Lack of Professional Integrity
Available Options
· Ignore the corruption and Clear the backlogs
· Aggressive investigation and strict action
· Conduct a confidential, evidence – based investigation while maintaining essential services
Recommended Option and Justification
· Empathy – Farmers and applicants
· Objectivity – Facts and evidences; Time-bound enquiry
· Impartiality - Seriousness of allegations and appropriate disciplinary action
· Justice - Protect honest employees – Retaliation from touts
· Dedicated team to review the pending applications – Realistic deadlines
· Transparency – Awareness and Digital tracking
Individual Responsibility and Institutional Reforms
During his on-site visits, Vikas was apprised of a
typical administrative challenge in operating the PDS. To prevent leakages, all
distributors were required to carry out real-time
biometric identification of the beneficiaries, whose fingerprints were
tallied with identity card records. This was creating problems as the operating
system sometimes rejected fingerprint
matching in the cases of growing children, manual labourers and senior
citizens. The problem was further compounded in periods of low WiFi connectivity. The distributors, in such cases, resorted to
personal discretion when they could identify the recipient.
Vikas had to address this problem on priority.
Strictly adhering to government regulations would ensure fiscal probity but
would greatly trouble the proposed beneficiary, i.e. EWS. It may even impinge
on their fundamental right to life as per Article 21 of the Constitution. Conversely,
leaving the resolution solely to the discretion of the distributors could lead
to misuse and leakages.
(a)
What are the options
open to Vikas? How should he balance fiscal probity with empathy towards the
designated beneficiaries?
(b)
Discuss the ethics
of using technology as a gatekeeper for welfare schemes.