Ethics Yearly

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9.

ETHICS
9.1. LAW AND LIBERTY
Introduction
In the general parlance, liberty and law are seen as opposite forces where law restricts the extent of liberty and
liberty continuously pushing the boundaries of the law. But are they always antithetical to each other? When do
they operate in harmony and when in opposition? How can their opposition be resolved and what should be the
way forward? Positive Liberty: It is the possibility of
What is a law and liberty and how do they interact? acting — or the fact of acting — in such
a way as to take control of one's life and
Broadly, law is the set of rules and regulations which enables effective realize one's fundamental purposes.
functioning of society by upholding its collective value system. For
example, a society which values gender equality will translate this idea Negative Liberty: It is the absence of
obstacles, barriers or constraints for a
into a law that prescribes penalization of gender discrimination.
particular action.
In other words, a law can be understood as a codification of collective
ethics of society. Liberty, on the other hand, broadly refers to the idea or state of being free and being able to
act in accordance with one’s wishes. For example, an Indian citizen
has the liberty to reside in any part of the country.
But the idea of freedom which constitutes the crux of liberty is in
some or the other way part of the societal value system. The idea
of liberty and conception of a law both have their basis in the value
of system of the society.
Every value system remains in continuous flux and so does the idea
of liberty in that society. This is unlike a law which remains static
unless actively amended. This creates a scenario where there is continuous interaction between a law, extent of
societal allowance for liberty and individual liberty. For example, before decriminalization of homosexuality in
India, section 377 of IPC law was at variance with liberty of the individual. At the same time, studies suggest that
for more than 50 percent of India’s population still consider homosexuality as a taboo.
Does the idea of individual liberty influence the lawmaking process? If yes, then how?
As can be seen from above, both liberty and law have their core in the prevalent ethical framework of the society.
This common core leads to influence of liberty on law in following ways-
• Influence through the constitutional pathway: Law, liberty and India’s Constitution
Our constitution upholds the Liberty as a part of Liberty serves as a key value in India’s constitution. This can
basic structure and as a consequence, it becomes be clearly inferred by the text of the preamble which states
fundamental to law making process. For that people of India enjoy liberty of thought, expression,
example, the laws that are blatantly antithetical belief, faith and worship.
to individual liberty are termed as With regard to enforceability of one’s liberty, in India
unconstitutional and thus get repealed. Fundamental Rights of the individual serve as the
• Civil society vigilance on restriction to liberties: barometer for the extent of liberty available to the
Any law which seems to unreasonably restrict individual. For example, liberty granted in Article 21 of the
individual liberty, faces active opposition in the Constitution entails that a person can go out of the country
form of protests and/or non-compliance. For at will, but this is subject to the reasonable restrictions
example, the law barring widow remarriage in documented in the Article.
India faced opposition from several sections and was ultimately amended.
• Democratic nature of the Government: The prevalence of democracy creates an indirect pressure on the
political representative to align laws with collective will of the people. This ensures that altering the status of
societal liberty can entails political costs for the ruling dispensation.
On the other hand, what are the potential impacts a law can have on exercise of liberty?
• Balancing individual liberty and collective needs: Exercise of liberty, although key to experience of freedom
and personal growth, cannot be absolute in nature. The exercise of liberty does not happen in a vacuum but

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in the context of society, where needs of multiple individuals are to be satisfied. Thus, in many cases individual
liberty has to be restricted in order to ensure collective good. For example, restricting freedom of movement
in border areas restricts movement but is essential to protection of National Security.
• Acting as a catalyst to liberty: Law, in many cases, provides the requisite framework for the individual to
exercise his/her liberty, especially when the societal conditions are not conducive to exercise of such liberty.
For example, the Abolition of Sati law encouraged individual liberty of women despite the overall societal
sentiment being against it. This idea operates on the basis of the notion of positive liberty.
o In this sense, law can act an agent of reform and make societal value system more progressive.
o Also, law creates a punitive mechanism for enforcement of legitimate rights and liberties in a society.
• Acting as a hinderance to liberty: While balancing individual liberty and collective needs of society, institutions
tend to interfere and unreasonably restrict the individual freedom thus creating hindrance to exercise of
individual liberty.
o In this case, the law will be restricting freedom of choice and make societal value system more regressive.
How can a potential contradiction between law and liberty be resolved?
Since there is a perennial debate on several issues from preventive detention to restriction on food choices. The
question here becomes on what basis we can decide- “what is a reasonable restriction on liberty” and “what
constitutes unnecessary interference.”
In this context, Supreme court in its proceedings of the Right to Privacy judgement provided a framework to ensure
that the restrictions on liberty are minimum, namely, Doctrine of Proportionality. The doctrine states that-
• Legitimate state aim: The doctrine states that any restriction proposed by the state cannot be arbitrary I.e., it
should be based on a legitimate state aim.
• Relationship between the restriction and the aim: There needs to be a rational nexus between the liberty
which has been restricted and aim of the state.
• Least restrictive method: The restriction that is imposed needs to be least restrictive method needed for
achieving the desired aim.
• Balance between the restriction of liberty and overall benefits: There must a balance between the extent to
which rights are infringed and the public benefit to be attained from the legislation.
For instance, if a country introduces conscription policy, first it needs to be examined does it have a legitimate
aim? Say, the country is at war, which provides it a legitimate aim. Secondly, does the restriction and aim have a
relationship? Yes, conscription will increase the strength of the armed forces needed in a war. Thirdly, is
conscription the least restrictive method? Here other options available to the country are to be analyzed. Finally,
it needs to be examined that does the restriction on individual liberty (through conscription) of all citizens
proportionate with objective of the war.
What can be done to avoid such a contradiction in the first place?
• Making the legislative process more participatory and inclusive: Making the legislative process more
participatory and inclusive increase the overall acceptance for laws on the one hand and on the other, diverse
participation will be improve the quality of legislation. This process will ensure that the doctrine of
proportionality is followed by the state.
• Regular updation of laws: One of the primary reasons for a contradiction between laws and liberty is the
obsolete nature of laws. For example, Section 377 of IPC, Section 497 of IPC etc., although antithetical to the
prevalent value system, remained in use due absence of methodology for regular updation of laws.
• Encouraging empathy among citizens: A law is universal in nature, but the contexts in which the individuals
operate are different. Thus, every individual may perceive the differently. In this context, empathy for diverse
situations among citizens will help reaching a common ground without generating discontent from significant
section of the population.
Conclusion
In the contemporary world liberty is important for individuals but this freedom is subjective, depending upon the
socio-economic context of the society. The subjectivity associated with the idea may restrict the notion of liberty.
But this restriction needs to pass the test of reasonableness, keeping in mind that in the long-term, efforts should
be made minimize the occurrence of such contradictions.

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9. ETHICS
9.1. ROLE OF YOUTH IN NATION BUILDING
Introduction
India is a nation with large reserves of youth. This is because the median age of the country’s population is 29
years. The demographic dividend has a great potential to contribute towards nation building, but realizing this
potential requires overcoming prevalent challenges and creating an ecosystem to channelize this potential.
What is Nation Building?
In the broadest sense, nation building encompasses everything from development, well-being to security of all the
citizens of the nation. It can be sub-divided into different but interdependent pillars:
• Economic Prosperity: Economic Growth serves as the marker for standard of living and availability of critical
goods and services which enhances development.
• Political stability: Political stability at national, regional as well as local level is the barometer of robustness of
the democratic processes of the nation. Democratic processes in turn strengthen the institutional capital and
governmental stability in a nation.
• Human Development: Human development encompasses education as well the collective health of people
among others. Development of citizens of a nation directly correlates to development of the nation itself.
• Social cohesion: Alongside the development of citizens as individual entities, building of a nation requires
these entities to act in cohort in order to complement their energies. In that sense, social cohesion in a society
plays a key role aligning individual energies.
• Environmental Sustainability: The citizens and the nation that they build does not operate in a vacuum but in
the context of physical environment they inhabit. The sustainability of that environment has a direct bearing
on all of nation’s entities.
Why role of youth is central to Nation Building?
Most of the times, the youth of a nation is not the wealthiest or most powerful section of the society in the
traditional sense. But they play a special role in development due to following reasons-
• Energy and vitality that they bring: The vitality of any activity or any organization at its core is majorly driven
by youthful energy. From construction workers to IT professionals to entrepreneurs, all vital areas of growth
and development are driven by young working population.
• Torchbearer of change and reforms: Youth bring with them new ideas, goals and processes to achieve them,
thus acting as the driving force for reforms. For example, the emergence of gig economy which is driven by
young people is bringing about positive disruption in work culture.
• Present as well as future of the nation: The capabilities that the young population has, the work that they do
now will shape the economy and society of the present as the well as the future. For instance, the education
level of today’s youth will be directly correlated with Research and Development potential of tomorrow.
• Provide direction to the nation: The youth have dreams, hopes and passions. These emotions and ambitions
collectively provide a direction to the nation. This direction overtime translates to a vision which acts as the
driving force of the nation. For example, the dream for a corruption free society is driving actions like e-
governance, Right to Information etc. which will ultimately culminate a more honest and vigilant society.
How can youth contribute to Nation Building?
Youth with them brings to the table all the ingredients for Nation Building, these ingredients can be shaped
through following vocations-
• Being the workforce of the nation: Every individual who works, directly contributes to generation of goods
and services which directly or indirectly builds the nation bit by bit. For instance, an agricultural labourer with
his/her physical effort or an investment banker with his/her financial prowess, contribute to nation building.
o Also, the youth as part of the workforce support both elderly and children, thus maintaining the social and
economic stability in society.
• Creating culture of innovation and entrepreneurship: Young generation can create a vibrant entrepreneurial
ecosystem which is committed to find solutions to the problems of the nation. For example, plethora of start-
ups have sprung up to solve the issues related to agricultural marketing in India.

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• Providing leadership in thought and
action: Youth can provide the
leadership role in bureaucracy,
industry, social service etc., but most
importantly in politics. This is because
participating in politics directly affects
policies and debates over critical issues
affecting the nation such as budgetary
allocations, environmental regulations
etc.
• Shaping the nation through their
choices: Youth act as decision makers in
the society. By their choices they dictate
not only the extent but also the
direction of the nation’s development.
Their consumption patterns, lifestyle
etc. shape the socio-economic spaces
around them.
o For instance, increasing awareness
among youth about environmental
degradation has encouraged
development of ideas like circular
economy.
What are the challenges that they face?
• Lacking pre-requisites of health and education: The problem of poverty, malnutrition, poor enrolment in
higher education have handicapped the potential of youth. These issues culminate to poor human resource
development and consequently limits their contribution to nation building. For example, poor nutrition
directly affects the productivity of labour which in turn threatens their financial security.
• Scarce skills and even more scarce opportunities: Estimates suggest that close to 2.5% of the population is
skilled, this creates a scenario of large scale unemployment and generation of poor quality of jobs. This results
in creation of problems like disguised unemployment and degree creep.
o Degree creep can be defined as a scenario where for an identical job, the qualification has risen merely
due to competition. For example, if qualification for a job of welder increased from a diploma in
engineering to masters in engineering, this would be called degree creep.
• Have to bear disproportionate risk: Young people who aspire to become politicians, entrepreneurs, civil
servants etc. have to bear a disproportionate risks due to large competition. The woes of these youth are
compounded by the risk-averse culture prevailing in the society which penalizes the risk-taking behaviour.
o For example, an individual who wishes to enter politics has to bear the hard work and risk of contesting in
elections alongside securing his livelihood from an alternate source.
• Absence of a nurturing ecosystem: Youth, in their endeavour of Nation Building need support in the form of
an ecosystem which trains them and provides handholding. For example, there is no concrete training program
or mechanism for youth wish to join the political system.
What can be done to overcome these challenges and encourage the youth to in Nation Building?
To ensure active participation of youth in national development, it needs to be collectively supported by the
government, the private sector, the civil society and their parents. Following can be done to for this:
• Moving towards a healthier society: The idea is to move from curative health to preventive health by
focussing on wellness. Shifting the focus to wellness will directly affect the nutrition levels, disease burden and
will have a compounded effect when healthier youth translates to better productivity.
• Strengthening the education systems: This can be done by effective implementation of National Education
Policy 2020 alongside augmenting the infrastructural, financial and human resources in the education sector.
• Providing education-skill development-industry-education linkage: The transition from education skill
development, skill development to industry or vice-versa needs to be seamless. This is necessary to ensure

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skill levels of workforce matches the industrial demand, industry is enabled to undertake the task of skill
development and also education-industry remain in continuous communication.
• Generating more opportunities: Youth need an avenue to showcase their skills and translate their potential.
These opportunities can be created by encouraging entrepreneurship, providing conducive business climate
among others.
• Creating a supportive and vibrant culture: The impressionable nature of youth makes it vital to provide them
a supportive culture starting from their parents, teachers, schooling systems and up till the point they interact
with society, market and government.
o The ethos of this culture primarily rest on encouraging youth to contribute to the nation, providing them
financial, institutional and emotional support and understanding that in building of the youth lies the
essence of Nation Building.

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9. ETHICS
9.1. POLICE CORRUPTION IN INDIA
Why in News?
Recently, a PIL filed by the former Mumbai Police Commissioner raised the issue of alleged corruption in police
transfers and postings in the state.
What is Police Corruption?
Police corruption is a specific form of police
misconduct designed to obtain financial benefits,
other personal gain, and/or career advancement
for a police officer or officers in exchange for not
pursuing, or selectively pursuing their duty or
misuse of public office in any form.
Reasons behind Police Corruption
• Absence of a strong institutional culture:
Institutional value system plays an important
role in guiding the behavior of participants in
the system. It creates an internal need to
follow the ethos and decreases the need for
an any external or legal enforcer.
o For instance, strong institutional culture
practiced in the Indian Armed Forces
results in soldiers following the same
discipline outside the military ecosystem
despite having no external enforcer.
• Misuse of power and discretion: Police personnel wield wide powers and discretion while discharging their
functions and those driven by selfish motives can misuse to accumulate private gains.
• Ineffective enforcement of legislations: Ambiguities in legislations coupled with the police discretion “to act
or not to act” in respect of certain offences give ample opportunities to the personnel to resort to corrupt
practices.
o Santhanam Committee noted that administrative delays are one of the major causes of corruption and
there have been numerous cases where delay has been deliberately contrived.
• Criminalization of politics: Political patronage coupled with muscle and money power enjoyed by the
underworld prompt many police personnel to collude with such forces in order to make material gains.
o Also, because of nexus between Police and mafia operators, organized crimes such as periodic extortion,
kidnapping etc. committed by them go undetected.
• Lack of supervision: Strength and the quality of the policepersons has not kept pace with the demands of a
rapidly expanding economy and administration. This has resulted in supervision becoming ineffective.
• Vicious cycle of bribery: Policepersons who have paid their way through, try to recover the amount as soon
as possible and corruption becomes a tool for getting better return on investment.
• Other factors: Salary structures, nature and hours of duty, poor training, accommodation problem and certain
administrative and organizational problem etc.
Need for Ethics in Policing
Policing is essential for maintaining law and order and smooth functioning of the society. The discretionary power at all
levels of functioning is extremely high. In this context, the absence of a professional code of ethics creates a scenario
where it is easy to be a moral opportunist and use unethical conduct as a means of career advancement. Therefore, the
old predicament, “who will guard the guardians”, makes imperative the need for a framework of values and professional
ethics to guide the police in their dealing with citizens.

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What can be done to discourage and prevent Police Corruption?
• Community policing initiatives such as in Bengaluru have been successful in helping resolve conflicts, fostering
positive relationships with police, improving beat security and increasing police responsiveness and
effectiveness can be adopted.
• Making Transfers and Promotions Transparent: A system could be designed where postings are automatically
generated by a software system after a given time interval. Similarly, objective criterion for promotions could
be articulated.
o Supreme Court (in Prakash Singh Case) sought a minimum tenure for the Inspector General of Police so
that they are not transferred mid-term by politicians.
• Introducing greater accountability: Public hearings, objective performance and efficiency indicators can be
introduced to monitor the performance of the Police force.
o Another directive in Prakash Singh judgment recommended setting up State Police Complaints Authority
where common people aggrieved by police action could approach.
• Better service conditions: It can have a positive impact on police personnel who become coarse and turn
cynical due to stress, strain and frustration of law enforcement profession.
• Changing attitude of police leaders: There should be more flexibility, fluidity and individual innovativeness
and initiative so that there would be meaningful deliberations and interactions at all levels of the force.
• Innovative mechanisms: Efforts should be made to redefine the core areas of policing and identify and delink
those duties and tasks that give ample scope for the lower rungs of police to resort to corrupt practices.
• Use of Information Technology: Use of technology for reporting and handling of cases can play an important
role in arresting corruption as non-registration of complaints is the most common grievance of citizens.
o Rajasthan has introduced an initiative named Aarakshi to improve the efficiency of police procedures.

9.2. ETHICAL WEALTH CREATION


“Wealth, the land unfailing, speeds to every land; Dispersing darkness at its lord’s command.”
- Thiruvalluvar, Thirukural
Introduction
The theme of the Economic Survey of 2019-20 was wealth creation. This wealth creation had to be social
responsibility. The outbreak of COVID-19 has further validated this idea by exposing the fragility and deficiencies
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of the current wealth creation machinery. In this context, several economists and thinkers have suggested a move
towards ethical creation of wealth.
What is meant by Ethical Wealth Creation?
Historically, the primary source of wealth within many civilizations centered around stealing valuable assets from
their neighbors or by conquering and enslaving them. For example, the raids executed by Nadir Shah in the Indian
sub-continent. But capturing of this wealth did not necessarily translate to a wealthier empire.
On the contrary, the Indian subcontinent has experienced wealth creation in times of stability and absence of
war. For example, during the Maurya period in the ancient or the Mughal period in the Medieval times. The
primary reason for this scenario can be attributed to idea that ethical wealth creation has been a part of our
culture. For example, the idea of Shubh-Laabh propagates the idea that social prosperity and business profit
cannot exist in isolation.
But how ethical wealth creation can be differentiated
from unethical wealth creation? Following can be cited
as key elements of ethical wealth creation-
• Overall Human Development: Ethical wealth
creation acts as a catalyst for overall development of
the individual whereas unethical wealth creation
sores up wealth at the expense of development in
other areas.
• Beneficial for all stakeholders: Ethical wealth
creation is centered around win-win for customers,
businesses, citizens and society in general. Unethical
wealth creation, on the other hand is centered
around extraction of wealth by some sections
through exploitation of less powerful sections.
• Sustainable in nature: Ethical wealth creation is economically, socially and environmentally sustainable, unlike
the scenario where immediate profit generation is the sole motive.
• Fair and equitable sharing: Ethical wealth creation has its basis in redistribution of wealth on the principles of
fairness and equity. On the other hand, distribution in unethical wealth creation creates artificial scarcities and
necessities.
Why moving towards Ethical Wealth Creation is important?
The world is rapidly moving forward with growth in technology, human productivity and human connectivity. The
speed of growth also makes the deficiencies in our growth model all the more glaring. Following can be cited as
key reasons which strengthen the case of ethical wealth creation-
• Disjointed nature of wealth creation and well-being: Long-term well-being is primary motivation behind
wealth creation. But several studies suggest that there is absence of a strong correlation between the well-
being and the current model of wealth creation.
• Economic models without moral foundations hurts the economy in the long-run: The current profit-driven
model focuses on value extraction rather than value creation. Encouragement of such attitude could lead to
selfish economic actions. For example, growth in the number of Willful Loan Defaulters.
• Persistent Income inequality: The persistent nature of economic inequality suggests that the trickle-down
theory, advocated by the current economic model may not hold. The theory suggests that economic growth
at the top of income pyramid trickles down to the base of the pyramid.
o At the same time, the income inequality is further fueled by the recent issues like Jobless Growth, which
further aggravate this economic divide.
• Environmental Sustainability: The current model views environmental sustainability as a hindrance to
development. This has translated to economic growth being accompanied with issues like climate change,
global warming, threats to biodiversity etc.
• Financial Instability: The Global Financial Crisis of 2008 highlighted the financial fragility of the current system.
The COVID-19 pandemic has now highlighted the supply chain vulnerabilities and poor disaster readiness of
the system.
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Applicability of these reasons becomes doubly important for India as India is going through a rapid growth phase.
The more ethical this growth is, the more impactful it will be in the long-term. In this context, the Economic Survey
of 2019-20 stated that Ethical Wealth Creation will be key to India becoming a $ 5 Trillion Economy by 2025.
What can be done to make wealth creation more ethical?
• Complementing the role of market, government and society: Ethical wealth creation does not imply moving
towards a state-centric model. It implies broadening of developmental objectives and involving all institutions
to achieve these objectives.
o For example, the idea of coming together of the invisible hand of the market and Government driven hand
of trust can propagate ethical wealth creation.
• Focusing on the Triple bottom line- People, Profit, Planet: A triple bottom line which includes economic
growth, movement of social parameters like inequality levels and status of the environment can guide the
future course of action.
• Moving from money-centric to people-centric capitalism: Currently, the economic decisions are made solely
on the basis of financial parameters. Moving towards an idea, where employees, customers and society
become a part of decision-making process could produce people-centric capitalism and address issues such as
jobless growth.
• Focusing on building overall resilience going forward: This can be done by investing on strengthening health
and social protection systems and integrating environment-social-governance (ESG) principles in channelling
public and private investments towards SDGs.
Conclusion
All the aforementioned steps focus on broadening the overall objective of development. The idea is to bring these
objectives as close to the idea of human well-being as possible. But the dynamism of human mind and human
needs does not allow us to create a fixed notion of well-being.
In this context, it becomes important to understand that efficacy of wealth creation and its process will always
be judged on its ability to address dynamic developmental needs of the time.

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9. ETHICS
9.1. SCIENCE OR FAITH? - A CONUNDRUM OF THE PANDEMIC ERA
Introduction
“Spread of coronavirus disease-19 among devotees during religious congregations”, “Several faith leaders
discouraging devotees to get vaccinated”, “Pitting faith against medicine in times of the Pandemic is a crime
against humanity”.
These headlines provide a glimpse of how blind faith can be detrimental for both the individual and society.
What role does faith play during a pandemic?
The situation created by the pandemic is dire and unprecedented and the associated uncertainty has made
people helpless. In this context, faith has provided emotional and psychological support to people in the
following manner:
• Coping with fear created by the pandemic: The enormity of deaths and absence of a definite cure has sparked
panic and fear among people. Religious or spiritual faith provides an assurance that howsoever difficult the
situation is, a higher being is going to take care of them.
• Faith provides the person a community to stand with: Humans have a psychological need to be a part of a
group or community which provides them emotional security and a sense of belongingness. Faith fulfills this
role, especially in stressful situations like the pandemic, by providing the individuals a network to tap into and
a shared belief system that builds a connect between them.
• Spirituality for psychological well-being: Lockdowns, isolation and the associated loneliness and anxiety have
been difficult to handle for most people. In this context, the spiritual part of all prominent faiths has helped
people in coping up with psychological stress.
So, faith does play an important part in the emotional well-being of an individual. But in the present times, when
the scientific community has highlighted that appropriate behavior plays a central role in controlling the pandemic,
behaviors motivated by religious faiths have often been at loggerheads with what science dictates.

Faith-driven misinformation acting as an impediment in controlling COVID-19


Several religious leaders have been spreading misinformation in relation to the Pandemic. Also, many actors have been
using names of several faith-based institutions to spread fake news. For example, a rumor has been circulating that
taking the vaccination may make you impotent.
The impact of this misinformation has led to issues like vaccine hesitancy, flouting the behavioral norms of the
pandemic and propagation of unscientific substitutes to curing COVID-19 among others.

Are Science and Faith always antithetical to each other?


Science, as a system is based on rationality, logic and has its
basis in evidence. Faith, on the other hand is about, trust,
connection and primarily relies on individual’s belief.
Keeping this in mind, Science and Faith can have different
kinds of relationship-
• Conflicting relationship: This is when faith and science
hold opposing views over a subject. Such a relationship
can be seen in debates around Origin of the Universe,
evolution, among others.
o For example, evolutionary idea of Hinduism
revolves around the ‘nine avatars’ guiding the evolutionary system. On the other hand, scientific
community believes in Charles Darwin’s ‘Theory of Natural Selection’’.
Stephen Hawking has commented on the conflicting relationship- “I believe the simplest explanation is, there is no God.
No one created the universe, and no one directs our fate. This leads me to a profound realization that there probably is
no heaven and no afterlife either. We have this one life to appreciate the grand design of the universe and for that, I am
extremely grateful.”
Christopher Hitchens, argues that “That which can be asserted without evidence, can be dismissed without evidence.”

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• Independent relationship: This is when science and faith operate in their own separate domains and ask
distinct questions.
o For instance, scientific community has limited intervention in the subject of theology. At the same time,
faith-based institutions do not engage with scientific community in mathematical research.
Pope Francis has affirmed that “science and religion, with their distinctive approaches to understanding reality and their
distinct domains of application can coexist, which will be fruitful for both.”

• Harmonious relationship: This is when science and faith support each other institutionally and engage
constructively on questions concerning them both. Although, such a context is difficult to find but there are
some examples.
o For instance, religious texts are being examined to make archeological and anthropological research more
directed.
Carl Sagan has acknowledged that- “Science and religion need not have a conflicting relationship. Skeptical scrutiny is
the means, in both science and religion, by which deep thoughts can be winnowed from deep nonsense.”

The above analysis highlights that the relationship between science and faith is not rigid but dependent upon the
context and more importantly on the attitude of the actors involved.
In the context of COVID-19, how can a harmonious relationship be achieved between the two?
• Faith is essential but need not be blind: The supporting role Efforts at creating harmonious relationship in
played by faith in an individual’s life has been highlighted the context of COVID-19
above. But at the same time, the application of faith need • Several religious institutions like Temples,
not be rigid or blind in nature. Mosques etc. have been made in makeshift
o The application of faith has to be accompanied by an hospitals due to shortage of beds.
acknowledgement of the external situation and operate • Majority of the religious leaders have
within the bounds of safety & sensibility. encouraged followers to take vaccines and
• Science may not have all the answers, but it gives us a helped remove vaccine hesitancy.
chance to fight: The uncertainties associated with the • Religion based civil society networks have
Coronavirus has forced the medical fraternity to regularly played a crucial role is connecting people
with essentialities such as oxygen supplies
change course until a definite solution is found. These
and plasma donors. E.g., KhalsaAid in Delhi.
regular revisions and course corrections have been eroding
people’s trust in the medicinal system.
o Despite these issues, we have come very far, from isolating the structure of the virus to creation of
vaccines. This shows that scientific processes should not be abandoned in the face of uncertainty and
difficulty.
• Intelligently selecting the best of both worlds: An intelligent framework can be adopted where the individual
has the ability to avail the emotional support provided by faith without being compelled to abandon the
scientific dictum.
o For example, the Great Mathematician Srinivasa Ramanujan was a deeply religious person. His religion
and scientific pursuit never interfered with each other. In fact, he created a harmonious relationship
between the two by believing that the mathematical knowledge was not his but was revealed to him by his
native Goddess.
Conclusion
At the end of the day, both Faith and Science have been designed to enhance the welfare of the individual and the
society. In this context, it is important that focus of both faith-driven organizations and scientific community
should be directed to welfare of the people. This common goal could and should serve as a motivation to make
interactions between science and faith harmonious in nature.

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9. ETHICS
9.1. INTERNATIONAL ETHICS
Introduction
The outbreak of COVID-19 has suddenly altered the global realities regarding availability of resources and
interaction among states. The shock created by the pandemic brought to the fore several international ethical
dilemmas to the fore, such as national vs. global debate on access to vaccines or the idea of rights and
responsibilities of developed nations towards other nations.
What is international ethics?
As the term suggests, international ethics refers to the ethics of interaction among nations. This interaction
could be direct, like in the
form of trade, capital flow
and flow of people or even
war. They can also interact
indirectly as a participant
of global affairs. For
instance, India may not
directly interact with many
South American countries
but they indirectly interact
with them through
international bodies like
UN.
As a corollary,
International ethics offers
insights into how nations
and other entities treat
other nations and its
people. It provides us with
insights to assess the good
and harms, the rights and
wrongs, which can occur in
the international space.
International ethics takes
care of "justice in global
affairs, legitimacy and
influence in international
politics.
For a nation, International
ethics enables one to participate more actively in shaping and building good international community. Ukraine
crisis, the refugee crisis engulfing Europe, the civil war in Syria, the unresolved maritime territorial disputes in
the South China Sea; all these disputes could be framed fundamentally as ethical and normative challenges.
What role do international ethics play in global affairs?
• Rising globalization: It is resulting in interdependence and greater shared responsibilities, thereby calling on
nations and other multinational organizations to act jointly.
o Because of the growing power of non-state actors (especially multinational corporations), in terms of
their economic, political, and social reach. It is necessary to ask questions relating to their moral choices.
• Resolution of international conflicts: UN has been promoting various principles of friendly and cooperative
and peace related humanitarian international actions by all the member countries.

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“If it's wrong when they do it, it's wrong when we do it.”: Noam Chomsky
• Environmental Protection: International ethics guides the fight against ozone depletion, global warming,
etc. which are common shared problems, and which require actions from all the nations.
• Managing global health emergencies: Response to emergencies such as COVID-19 calls for ensuring the
ethical inclusion of vulnerable groups in the vaccine development process and making a safe, effective
vaccine accessible to all.
• Protecting Human Rights: Even today, human rights continue to go unprotected and disrespected, with
situations of protracted conflict and displacement only the most visible example of a gap between the
promise and reality of universal human rights. Global ethics could address this challenge on both a
conceptual and practical level.
What are the elements that dictate a country’s approach towards international ethics?
• Size and nature of the nation and the economy: It defines a nation’s space for international relations as
nations. For instance, the nations which have large export/import sectors are dependent on other
economies and are vulnerable to international developments.
• Competition between Nations: It is easier to grasp ethical issues associated with international problems by
considering nations competing with one another for (natural) resources, competing for markets, competing
for investments, competing for talents, competing for technology and education.
o For example, former US President Trump’s desire to place high tariffs on foreign allies to boost America’s
economy (America First approach), has been labeled unethical by international leaders.
• Power and international ethics: International ethics is influenced by various philosophies of international
and national power and how this power is played out. There are beliefs in some quarters that power does
not follow any rules and this reasoning (thought faulty) tilts the global balance in favor of powerful nations
and entities and is unfavorable to less powerful nations and entities.
o For instance, Human rights norms and international humanitarian law tend to focus more on human
rights issues related to non-Western countries.
• Defence and military enterprise: International ethics also play out in the form of use of power by one
country against another country to achieve its global goals and protecting its national interests.
o For example, post 9/11, war on Afghanistan and Iraq by western powers was justified on domestic
security grounds.
• Systems, social arrangements, and conditions that define our range of choices: These systems and social
arrangements tend to form public opinion in a nation. It plays a vital role guiding the level and nature of
engagement a country would have with other countries.
o For example, Freedom of speech in a country and the associated international media scrutiny at times
plays an important role in guiding relations among nations.
• Decision maker or the agent who makes a choice: All individual (president, minister, official representative,
CEO, community leader, consumer) are moral agents. Each has a role as an autonomous actor.
There is a sloka on human interaction in Mahābhārata’s Shānti-Parva where Vidura tells Yudhisthira: “By self-
control and by making dharma (right conduct) your main focus, treat others as you treat yourself.”
• Interdependence, cooperation, and collaboration: What one country has done to the people of another
country; what one group has done to another group provides the general field for international ethics.
o During the 1961 Berlin crisis, Soviets attempted to sabotage West Germany and Berlin by blockading
their access to food, water, and other basic necessities. US and Britain responded by airlifting supplies to
Berlin.
• Diplomatic relations: Diplomatic initiatives help to resolve differences, facilitates movement of people,
ensure peace and security and to further their rights and interests and to share duties and responsibilities.
o Ethical practices, such as respect for human life and the tenants of democracy, are a key feature of a
stable nation and portray a reputation of strength, trustworthiness, and stability.
“Without Ethical Culture, there is no salvation to Humanity”: Albert Einstein
What are the challenges in creating an International framework of ethical conduct?
While public relation ethics are closely linked to the cultural and social environments, conceptualizing ethics in a
global context could be challenging for the following reasons:
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• Defining global ethics: States will not always agree on what is ethical and what is unethical. One of the
problems the League of Nations faced is that different states can have their own viewpoints on ethics and
aggression.
o Consider the nuclear weapons doctrine of MAD—mutual assured destruction. The entire strategic
framework is based on the idea of reciprocal threat. Within this system, to ensure stability, the most
rational thing to do is to make an immoral threat (and be prepared to carry it out).
“To be prepared for War is one of the most effectual means of preserving peace.” ― George Washington
• Polarizations between local and global: Advocating for the global is considered another attempt to
reproduce the imperialistic normative framework as a model for enhancing global and moral acceptance for
Western imperialism.
• Domination of some global publics: The adoption of a global ethical framework is not justifiable if the values
of only a few global publics are considered. Global inclusivity (i.e., considering everyone’s values and moral
thinking) and global solidarity (i.e., showing equal concern for everyone’s well-being) should be considered
when approaching ethics in a global context.
• Western dominance over defining global norms: Western norms tend to get accepted as universal ideas
despite prevalence of evident issues. For example, Sanctions, supposedly a humane alternative to war, shift
the burden of harm largely to civilians, mainly women and children and cause large-scale death and suffering
through ‘structural violence’ (starvation, malnutrition, and disease).
How can an international ethical framework be
approached?
The perception of international ethics across the
world is different. These are dependent on the
elements of their situation and policies. But
despite these variations, global interactions and
the need for cooperation has generated universal
acceptance of some basic principles-
• Pluralism: The idea states that sooner or later
all countries will have to collaborate at some
level as humanitarian existence is shared as a
common experience. For example, the
humanitarian existence is contingent upon
the collective ability of all countries to
cooperate for checking climate change.
• Rights and Responsibilities: The idea
emphasizes that it is the responsibility of all countries (especially mature and developed countries) to
protect the rights of all of its global citizens. Refraining from this reality leads to scenarios such as civil strife,
wars, migrant crisis and human right violations. Such issues affect the well -being of not only the nation
concerned but also the associated nations.
• Fairness: Fairness in some form of the other is a part of ethical systems across the globe. As a result, it gets
naturally translated to the global interactions. This idea materializes in the form of acts of reciprocity, equal
treatment of nations, etc.
These principles could form the bedrock or the core ideology guiding creation of an international ethical
framework. The modalities of such a framework may change with time, technological development or societal
change. But the essence of this framework would be centred on the above mentioned principles.

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9. ETHICS
9.1. CUSTODIAL CRIMES: SHOULD HUMAN RIGHTS BE THE COST OF
JUSTICE?
Introduction
Custodial crime is any form of torture or cruel, inhuman, or degrading treatment of the accused by the police,
whether it occurs during investigation, interrogation or otherwise. As per the report of National Crime Records
Bureau (NCRB), the number of deaths in police custody between 2001 and 2018 was 1,727. But only 810 cases
were reported, 334 were charge-sheeted out of which just 26 policemen were convicted.
What are the motives and circumstances driving custodial crimes?
The primary motive for taking an accused into custody is to extract information which aids the investigation of
the case. Thus, the objective of taking the accused into custody is centered around pursuance of justice. But this
pursuance becomes morally inept due to following reasons-
• Crude methods of interrogation: The interrogation techniques at local level are still centered around
intimidation of the accused which often boils down to violence.
• Culture of torture and brutality: Torture, along with violent behavior has become an integral part of the
police culture all over the country. For instance, the tragic deaths of P. Jayaraj and J. Benicks, a father-son
duo in Thoothukudi (Tamil Nadu) in police custody showcase how being in ‘police custody’ has become
synonymous to ‘brutality’.
• Apathy of police administration towards the prisoners: A significant number of accused in police custody
die by suicide or by violence perpetrated by fellow inmates. This highlights the poor conditions of custody
and administrative apathy towards needs and rights of accused.
• Perception of guilty until proven innocent: The treatment accorded to citizens accused of crime is similar to
that given to citizens guilty of crime. This is not only true for the police administration but also at the societal
level. This perception dehumanizes the accused for the police administration and hence absolves them of
any potential guilt that they may experience.
• Abuse of power for malicious intentions or personal reasons: The culture of torture alongside poor
enforcement of accountability measures at times result in abuse of power which is devoid of pursuance of
Justice.
These issues are compounded by the internal issues faced by the police administration such as long-hours,
political interference, and inadequate salaries. Further, it increases frustration and breeds disregard for rules and
procedures within the system, leading to normalization of brutality and violence as a method for getting results.
How custodial crimes impact people and society?
Crimes happening in custody not only affect the accused but have an indirect impact on people and the societal
fabric-
• Betrayal of custodial trust: Custodial crimes violate the trust that is bestowed by the society as a collective
in the Criminal Justice System. The result of this is that society loses faith in the system. The problem is
further compounded when the public servant abusing the power is not held accountable for the committed
crime.
• Development of a culture of fear from police administration: The culture of violence instills fear in the
minds of citizens towards police administration. The consequence of this development is that people avoid
reporting of crimes and are fearful to ask for help. This indirectly worsens the law-and-order situation in the
country.
• Expanding the social divide in access to justice: Majority of the people who are victims of custodial crime
belong to lower socio-economic strata of society. This is because most of them are not aware of their rights
and have limited access to social or financial resources. This perpetuates the idea that access to justice is a
reserve of rich and powerful and holds no meaning for poor and weak strata of the society.

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Custodial Crime: A void in application of Human Rights
The national and international framework of human rights accords several rights to accused including Right to Bail, Right
to Free Legal Aid, Right against Handcuffing, Right against inhuman treatment by the police, Right against arbitrary arrest
etc. But all these safeguards are subject to enforcement, acknowledgement by the people in the system and
awareness among the citizens.
In the closed confines of police custody, the accused is at the mercy of the custodian i.e., the police administration. If the
custodian does not acknowledge the human rights of the accused and the accused has limited awareness about these
rights, it becomes extremely difficult to enforce them. Such a situation is not rare in India, resulting in compromised
human rights situations in the custodial ecosystems.
Several efforts have been made in the form of creation of National Human Right Commission (NHRC) or amendments to
the Criminal Procedure Code (CrPC). But given the limited resources at their disposal and the laxity in our Criminal Justice
System, it becomes difficult to bring guilty public servants to book.

Justice Brande of the US Supreme Legal safeguards to protect the Rights of the accused
Court emphasized “the Government Constitutional Indian Penal Code (IPC) and International
is the most potent and omnipresent Criminal Procedure Code Protection
teacher that teaches the whole (CrPC)
people by its example. If the • Article 20 which • Section 330 and 331 of India has an
Government becomes a law breaker, includes no IPC: When a police obligation to fulfil
it breeds contempt for the law; it punishment on ex- officer voluntarily or duly comply
invites every man to become a law post-facto law, no causes ‘hurt’ or with certain
unto himself.” Such a situation double jeopardy ‘grievous hurt’ to extort International
and no self- confession. regulations, such
cannot be allowed to arise in a
incrimination. • Section 142 of IPC: as-
civilized society.
• Article 21 is a Punishment for • International
What can be done to root out the broad right which wrongful confinement. Covenant on
issue of custodial crimes? encompasses • Section 176(1) and 176 Civil and
Right against (1A) of CrPC: An Political
• Addressing the culture of inhuman enquiry has to be held Rights, 1966
torture: There have been efforts treatment, solitary by the Judicial (ICCPR)
to counter the culture of torture confinement etc. Magistrate or the • Universal
by bringing about an Anti-torture • Article 22 provides Metropolitan Declaration
law or adhering to the for prevention Magistrate when a of Human
international covenants. But from arbitrary person dies, disappears Rights, 1948
these laws will have to be detention. or rape is committed on (UDHR).
any woman.
accompanied by internal reforms
within the administration and moving away from violence as an acceptable norm.
• Creating deterrence: Strengthening the already prevalent safeguards such as Section 176 of CrPC (which
deals with serious crimes like rape, death within the custody) and giving more powers to watchdog agencies
like National Human Rights Commission (NHRC).
• Regular training and sensitization of ground-level officers: They serve as the first point of contact and thus
becomes important that they exhibit requisite emotional intelligence to balance pursuance of justice and
respect of the human rights of the accused.
• Creating awareness regarding human rights: Awareness of ‘rights of the accused’ among citizens can
drastically reduce the incidence of custodial crimes as it creates a channel of accountability towards the
police administration.
The core reason behind such a system is the idea that perpetrators need to be punished for achieving justice.
This mindset drives and justifies the violence against the accused. To root out this problem completely, it
becomes important that we as a society move towards reformative justice i.e., the perpetrators need
reformation and not punishment for ensuring justice in the society. As Martin Luther King, Jr. once said-
“Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that.”-

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9. ETHICS
9.1. ETHICS: A SOLUTION TO CORRUPTION?
Introduction
‘Transparency International’s Corruption Perception Index falls short of nudging govts to undertake reforms’,
‘Prevention of Corruption Act has failed to achieve its objectives’ and ‘Corruption in FCI may spiral out of
control’.
These newspaper headlines indicate that the prevalent efforts to eliminate corruption are not working as
expected. That begs a question- ‘Then what works?’ Before we delve upon the solution, it is pertinent to
understand the problem better.
What is corruption and why it happens?
In the simplest of terms, Corruption can be defined as an act of dishonesty, or an illegal behavior aimed for one’s
private gains. Such behavior may include bribery – the use of reward to pervert the judgment of a person in a
position of trust; nepotism – bestowal of patronage by reason of ascriptive relationship rather than merit;
misappropriation – illegal appropriation of public resources for private use.
But what is the motivation behind this action? Corruption is not an intrinsic need of the individual but is a means
to an end. Following can be cited as key motivations which are the root of corruption-
• Materialistic Value System: The primary motive for corruption in majority of the cases is wealth
accumulation which in turn translates to material possessions and societal status. Thus, having a
materialistic value system which prioritizes consumption over values like honestly, equality and brotherhood
justifies undertaking corrupt acts at the cost of society.
• Individualistic Worldview: Globally, the worldview is getting more and more individualistic. In such a
scenario, the moral compass of the individual tends to get selfish and lacks the requisite empathy which is
essential for co-existence. This narrow worldview indirectly justifies corruption as it maximizes the gain that
can be extracted by the individual.
• Context created by the socio-economic situation: The socio-economic context created by the economies
which suffers from ills like poverty, discrimination and inequality also indirectly breed corruption.

How can ethics act as an anti-corruption force?


Eliminating deep rooted corruption in the society translates to transforming narrow values and worldview of the
individuals and the institutions. This can be done by inculcating or preaching following values within the
individuals-
• Truth and honesty: Prevalence of honesty within the individual creates a natural guilt if s/he undertakes an
illegal or corrupt act. For example, it would be very difficult for an honest person to take a bribe for
executing an illegal act.

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• Penchant for justice: An individual who preaches justice would not be interested in undertaking corrupt acts
as these acts would be behest with injustice upon some or the other entity. For example, a just person
would not do misappropriation as it would amount to injustice with the organization s/he is working for.
• Sense of responsibility: Having a sense of responsibility implies that the individual feels a sense of ownership
towards the overall system, and s/he would refrain from harming their own system through acts of
corruption. For example, an individual who feels that s/he is responsible towards the nation would refrain
from evading taxes.
• Feeling of altruism: Altruism encourages acts of kindness and is driven by a sense of empathy towards fellow
individuals. Such a value system runs directly counter to the individual worldview which is one of the major
drivers of corruption within individuals.
What can be done to inculcate these ethical values for the elimination of corruption?
Inculcation of these values would require efforts on all entities which act as determinants of ethics within the
individual (including family, schools, colleges, institutions among others).
• Strengthening family as a repository of values: This can be done by praising and encouraging family values
which align with aforementioned values. For example, providing social recognition to families whose
children showcase such values.
• Making it a part of education: Ethical conduct could be made part of the syllabus and the school conduct.
This will shape the young minds towards more ethical human beings. For example, students can be
encouraged to take up societal responsibilities to inculcate in them a sense of responsibility.
• Institutions as active sources of these values: The institutions, especially the government institutions whose
culture can be molded at executive will, can act as a source of these values via their internal culture. For
example, transparency in the functioning of the municipal bodies can encourage the culture of transparency
in their area.
• Making legal framework more supportive towards aforementioned values: Law are a representation of a
collective value system of the society. Laws which encourage these values would foster these values in the
long-term. For example, the Good Samaritan law encourages altruistic acts from the individual in times of
emergency.
Despite the effectiveness of the value systems, there are some limitations to the ethical approach to elimination
of corruption.
What are the limitations of the ethical approach?
• Absence of deterrence: The ethical approach is subjective in nature, and it is extremely difficult to devise a
punishment for the corrupt acts or a deterrence mechanism.
• Unethical behavior reaps more rewards: The ethical approach is voluntary. As a result, the entities which
exhibit unethical behavior extract more rewards through corrupt acts. This discourages ethical behavior in
the long run.
• Changing the societal culture and individual behavior takes time: The value system within a society changes
gradually. Therefore, up till a point where these values take significant hold in the society, we would have to
bear the ill-effects of corrupt practices.
Conclusion
The success of an ethics-based approach to anti-corruption is hinged upon the level of penetration of the desired
values within the society. Inculcation of these values needs to be accompanied with alteration in the socio-
economic-legal context where these values are cherished and creation of a well-functioning deterrence
mechanism which acts as our last line of defence against corruption.

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9. ETHICS
9.1. REFUGE: A RIGHT OR A FAVOR?
Introduction
In a recent incident,
an Afghan Refugee
posted a photo of
food served at US
camp on Twitter
and was met with
severe criticism
combined with
sympathy from
some corners.

The above post and


the comments
generate some
questions- Is decent
food a right of a
refugee or a favor
from the host
country for which
they should be
grateful? Does the
country granting
asylum have any obligations towards the Growing global refugee crisis
refugee? Should human rights of refugees and
The global refugee crisis has been growing with increasing
that of citizens be different? In essence the moot conflict within countries like Syria, Venezuela, Myanmar etc.
question becomes- is refuge a right of the and most recently Afghanistan.
refugee or a favor from the host nation?
By the end of 2020, 26.4 million became refugees because of
Who is a refugee and what are their rights? persecution, conflict, violence, or human rights violations. That
was an increase of 2.9 million people over the previous year.
According to UN High Commissioner for Refugees 68% of those displaced across borders come from just five
(UNHCR), a refugee is someone who has been countries: Syria, Venezuela, Afghanistan, South Sudan, and
forced to flee his or her country because of Myanmar.
persecution, war, or violence. The issue is further compounded by the outbreak of COVID-19
which made finding asylum in countries all the more difficult.
• A refugee is different from a migrant, who is
not forced to flee but has voluntarily left their source country seeking better opportunities. Also, a refugee
is different from an Internally
Displaced Person (IDP), who though
has been forced to flee but has not
crossed the national border.
The primary international legal instrument
dealing with the issue of refugees is: The
1951 Convention relating to the Status of
Refugees and the associated 1967
Protocol. These instruments provide
protection to refugees via the principle of
non-refoulment i.e., a refugee should not
be returned to a country where he or she
faces serious threats to his or her life or
freedom.
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Apart from the 1951 Convention, there are several region-specific instruments for protection of the Rights of
Refugees.
Who gives these rights and in what way?
The international community in general and the host states in particular hold the responsibility of providing
these rights. This predicament gives the host states following responsibility-
• Providing the asylum seeker with the status of a Refugee: The 1951 convention guarantees the Rights of a
refugee but who qualifies as a refugee is subject to the procedures laid down by the host nation.
• Creating conditions for fulfillment of these rights: Access to resources and services is dependent upon the
host nation providing the same or creating an enabling environment which provides this access through civil
society and international organizations.
• Preventive action through ‘Responsibility to Protect (R2P)’: R2P is an international norm that seeks to
ensure that the international community prevents crimes against humanity in every form. This indirectly
makes states a preventive force for securing the rights of the refugees.
• Balancing domestic responsibility with responsibility towards refugees: States have the task of balancing
both i.e., securing the rights of the refugees without compromising domestic needs or disturbing the socio-
economic-political situation.
Despite these rights, the ground situation indicates that only a selected few are granted asylum and provided
with the associated rights, treating these rights as a favor which is at the discretion of the host states.
Why are refugee rights becoming a favor on part of the states?
The core issue in in this scenario stems from the lack of empathy within the public of the host nation and
limited resources at the ground level. These core reasons manifest themselves in following ways-
• Mistrust as a norm: Lack of empathy with the refugees creates mistrust about the culture, situation, and
genuineness of their claim at asylum. This translates to a general policy of rejecting claims, making grant of
refuge a special favor.
• Perception as an economic competitor: Limited opportunities combined image of a refugee as a ‘freeloader
from the other nation’ creates a perception of them being unworthy of rights. This makes ‘grant of rights’ a
favor which is subject to collective sympathy.
• Viewed as a security threat: The mistrust combined with lack of awareness and misinformation creates
fear and makes the local population view refugees as a security threat. This indirectly increases the
conditionalities on grant of rights, thus making it more like a favor by states.
• Issue of legal enforcement limits enforceability of rights: The limitation of international laws makes
refugee rights contingent upon the discretion and perception of the host country. For example, many
European countries tend to be more sympathetic to LGBTQIA+ refugees when compared to victims of war
crimes in African countries.
• Limited capacity of the host: Fulfillment of all rights of refugees is dependent upon the capacity of resources
within the host countries. For example, in many developing countries Right to Housing cannot be fulfilled
for the domestic population, guaranteeing the same claim for refugees becomes difficult and hence
becomes selective.
• Politicization of the issue: The image of the refugees, the associated fear psychosis, and political
implications of assimilating the refugees leads to politicization of the issue. It leads to creation of a political
question- ‘Should we grant refuge?’. Deliberation on this question changes the context from ‘Right of the
Refugee’ to ‘Decision of the state’.
Absence of enforceability and ambiguity in the asylum-seeking process has made it extremely discretionary in
nature. This has led to emergence of the idea of selective humanitarianism.
Where does India stand on this debate?
India has neither acceded to the 1951 Refugee Convention nor enacted any legislation for the protection of refugees,
although it has always been willing to host the forcibly displaced persons from other countries without adopting
legalistic approaches to the refugee’s issues. This stance can be seen in the issue of Chins and Chakma refugees among
others.
In the recent times, India has enacted the Citizenship Amendment Act (CAA) which indirectly provides refuge to selected
communities from selected countries. Despite the idea of humanitarian aid being in the right place, India’s system does
not provide a legitimate refugee a right to asylum. The asylum is granted as a favor to refugees who are worthy
according to the collective moral inclination.
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What can be a way forward to securing the rights of refugees?
• Generating awareness about refugee situation and their rights: Creating awareness about the situation
would translate to empathy for refugees and fading of the prevalence of fear against them. This may lead to
more social acceptance and faster assimilation.
• Making procedures objective and authorities accountable: The anxiety and uncertainty faced by the
refugees can be ameliorated to a large extent if procedures for granting asylum be made objective and
clearly communicated.
o Also, making the criteria objective could be a first step in holding the authorities accountable and thus
moving towards a rights-based approach.
• Creating an effective transition mechanism: The resolution of the refugee issue remains complicated
considering its social, economic, and political implications and thus takes time. In this scenario, it becomes
important that an effective transition mechanism is created which can provide at least limited rights to
refugees.
o Reforming and strengthening the system of refugee camps: The system of refugee camps has emerged
as an effective solution and hence should be adequately funded and managed.
• Adopting a multistakeholder and multilateral approach: States have a limited capacity with regard to
fulfillment of refugee rights. In this context, it becomes important that the host country, the source country,
the group of refugees and the entities engaged on the ground like NGOs, social groups etc. come together
for realization of these rights.
• Integrating efforts with Sustainable Development Goals (SDGs) for making rights accountable: Non-
fulfillment of rights directly affects the realization of SDG 16 (Peace, Justice, and strong institutions) and
indirectly affects other SDGs. Efforts should be made make the authorities more accountable by linking
refugee rights to the SDG targets.
Conclusion
The essence of resolution of the refugee crisis lies political economy of providing refuge (i.e., economic cost of
refuge and its socio-political implications) and the moral economy of asylum (the values and effects attached to
the internationally recognized principle of providing protection to refugees and extent of humanitarianism
among the host). Managing these two factors could render a long-term solution to this crisis.

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9. ETHICS
9.1. MEDIA ETHICS: EXAMINING THE FOUNDATION OF THE FOURTH PILLAR
OF DEMOCRACY
Introduction
Recently, the Chief Justice of India N.V. Ramana said- “certain sections of the media communalized everything, and this
would ultimately result in giving the country a bad name.” The statement brings light to the ethical issues prevalent in
the profession of media and indirectly ignites a question- “If the prevalent times are unethical, what is ethical then and
how do we reach there?”
What is media ethics and why is it important?
In the context of the media, “Ethics” may be
described as self-restraint to be practiced by
the journalists voluntarily, to preserve and
promote the trust of the people and to
maintain their own credibility and not betray
the faith and confidence of the people.
To uphold this idea of media ethics, all people
involved in media have to adhere to the
following principles in some form or the other-
• Seek Truth and Report It: It is the moral
responsibility of the media entity to find out
the truth as far as possible and report it in
an accurate, fair and courageous manner.
o For example, while reporting a crime, it
is important to understand both sides of
the story and report the same without
bias or prejudice.
• Minimize Harm: It implies treating sources,
subjects, colleagues and members of the
public as human beings deserving of
respect.
o A direct corollary of minimizing harm is to protect the privacy of the people involved and adhering to the general
standards of taste and decency.
• Act Independently: Actions of a journalist cannot be based on fear or favour. They not only have to be independent
but should also be perceived as independent to maintain credibility.
o This translates to refusing gifts, favours, fees, free travel and special treatment, and avoiding political and other
outside activities that may compromise integrity or impartiality.
• Be Accountable and Transparent: This involves explaining or indicating ethical choices or processes to audiences,
responding quickly to questions on accuracy and clarity and exposing any prevalent unethical practice in a media
organization.
o This implies that media organizations are open to criticism and scrutiny and at the same time take responsibility
for their actions.
The ability of journalists to adhere to these ethical norms depends heavily on a constellation of often competing
interests and forces they cannot control, including government interference, economic realities and technical
limitations. This leads to circumstances where these non-adherence to these principles creates ethical issues.

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What are the ethical issues prevailing in the context of media in India?
• Sensationalization of stories: Sensationalism is when news sources prioritize exciting or shocking stories at the
expense of accuracy. This takes place in the form of misleading or excitable headlines or clickbait in the digital
domain.
• Commercialization of media: It has not only increased the tendencies of sensationalization of news and yellow
journalism, but has created an associated ill of paid news.
o In a recent seminar the former Chief Election Commissioner (EC), SY Quraishi, revealed that the EC had
identified 371 cases of paid news in the lead-up to the state elections.
• Use of insensitive or hateful language: The use of discriminatory or hateful language is antithetical to the idea of
minimizing harm while reporting. Also, the use of insensitive language could harm the people involved and
normalize the use of such language in public parlance.
o A corollary of use of inappropriate language is the poor quality of debate and discussion that it generates.
• Irresponsible reporting: There have been several cases of irresponsible reporting where the reportage has
interfered with court proceedings or delicate security situations. For example, the same was seen in the reporting of
‘26/11 terror attack’, which to leakage to sensitive information.
• Violating Right to privacy: This includes extraction of personal information not available in the public domain
without consent, using covert surveillance techniques such as phone hacking and thus creating a story at the
expense of rights of the people involved.
o Violation of the Right to Privacy in combination with the ills of sensationalization, misleading language and
irresponsible reporting could create a situation of media trials.
• Media-politician-corporate nexus: The Radia tapes, conversations recorded by revenue authorities between
corporate lobbyist Niira Radia and a number of senior journalists and leading politicians, highlight the prevalent
nexus. This raises questions on media’s integrity, its accountability towards people and transparency.
Apart from these issues, the emergence of Digital Media has also elicited some ethical issues. This includes faster
spreading of rumors, fake news, and creation of an environment of post-truth. These issues become all the more
difficult with the prevalence of anonymity in this form of media.

Ethics of digital media: The era of influencers


The internet encourages new forms of journalism that are interactive, immediate and “always on”. Anybody who has the reach
and ability to share content indirectly becomes a part of the media. This includes online journalism, blogging, digital
photojournalism, citizen journalism and social media.
In this context, digital influencers are in a unique position to shape public opinion. When influencers with the network of their
massive followers convey content on socially significant matters, they greatly shape the conversations ordinary people
eventually carry out.
In the age of social media which is fractured by disinformation and hate, the influencers provide people with islands of trust and
relatability. As guardians of this trust, the influencers have the change lives but at the same time, they have the responsibility to
safeguard collective good in their actions.

How these issues impact the society in which they prevail?


With the advent ‘24x7 news’ and prevalence of an array of news sources across the board, the media is omnipresent in
nature. Thus, media plays a significant role in shaping the opinion of people and how they perceive the world around
them. The omnipresent nature of media also discourages critical thinking by continuous bombardment of opiniated
content.
The level of influence and prevalent ethical issues impact society in following ways-
• Creating a misinformed society: Issues like fake news, sensationalization of news and the distrust that the populace
starts associating with the media results in creation of a misinformed citizen and thus a misinformed society.
o When the primary sources of media provide a misinformed picture, it creates a scenario where there is
depravation of significant information among the citizens.

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• Encouraging the attitude of indifference: When the news reported by reputed sources of media gets frequently
corrected, it degrades their credibility. This results in development of a general attitude of indifference towards
reported events on part of the citizen.
• Crowding out the real issues: Increasing tendencies of commercialization of media leads to prioritization of
entertaining news over real issues. This creates a scenario where a general citizen remains oblivious to many socially
significant issues.
o Crowding out real issues sidelines the developments in key areas like national growth, position in Human
Development Index (HDI) etc.
• Propagating fear and anxiety: Overhyping the reported content and cherry-picking of stories projects a twisted
image of reality. This creates an atmosphere of fear and results more anxious and defensive behavior from citizens.
o This behavior of the collective media was brazenly showcased during the distressed COVID times with actions
like ‘reporting of live footage from crematorium.’
• Encourage the idea of ‘otherization’: Any discriminatory reports or language used by the media creates divisions
within the society. This propagates the ideology of ‘otherization’ leading to divisions on the basis of religion, caste,
ethnicity or region.
o The propagation of ‘otherization’ is all the more significant on impressionable minds such as of children. It
hinders the development of ideas like national fraternity or a brotherhood based on humanity.
The deep-seated impact that media has on citizens amplifies the ethical issues in media. But at the same time, if these
issues are appropriately addressed, this amplified impact could be tilted in a positive direction.
What can be done to strengthen the role of ethics in media?
There have been several reports and recommendations (including UK’s Leveson Report) to address this question. The
essence of which can be conveyed through following ideas-
• Independent Self-regulatory body: This states the idea of an internal mechanism such as 'letters to the editor',
internal Ombudsman, Media Council of peers and Media Watch Groups which focus the wrongs committed by the
media persons, journalists or the management.
o The Leveson report suggests that the same can be provided a legislative backing.
• Creating discourse on ethics in digital media: Media ethics needs to be rethought and reinvented for the media of
today. Creating awareness regarding responsibilities of persons acting as sources of digital media and at the same
time, sensitization of consumers on how to effectively use digital media.
• User driven financial model: The current advertisement based model encourages financial engagement between
media houses and potential investors like corporates and political fraternity. This model can be shifted to a user
driven model where the user will finance the media house in lieu of the information and service that they get.
• Using technology to our advantage: Advent of technologies such as Artificial Intelligence and Blockchain could
revolutionize the currently used processes. For example, a combination of the two can be used to verify real-time
the authenticity of a given news item.
• Creating space for innovation in media: As the mediums have become diverse and occupations have become fluid,
several new-age journalistic areas could be encouraged like photojournalism, entrepreneurial not-for-profit
journalism etc.
• Encouraging a central role for the civil society: The advent of digital media has effectively led to ‘democratization’
of media. This demands that civil society plays an integral role in regulation, supervision and also creation of media
content.
“The sole aim of journalism should be service. The newspaper press is a great power; but just as unchained torrent of water
submerges the whole countryside and devastates crops, even so an uncontrolled pen serves but to destroy. If the control is from
without, it proves more poisonous than want of control. It can be profitable only when exercised from within”.
- Mahatma Gandhi

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9. ETHICS
9.1. FREEDOM OF SPEECH ON SOCIAL MEDIA: UNDERSTANDING THE
REASONABLE RESTRICTIONS IN THE VIRTUAL WORLD
Introduction
‘Social media creating virus of lies, says Nobel Prize winner Maria Ressa’, ‘As Indians turn to social media for COVID-19
help, online resources for smaller cities begin to grow’, ‘Don't believe in fake videos of Tirumala floods on social media:
TTD’. These headlines highlight a paradoxical picture of how expression on social media acts as an enabler but at the
same time acts as a conduit for abuse of freedom of speech.
What is freedom of speech and expression and how it manifests on social media?
Freedom of speech and expression can be broadly understood as the belief that every person has the natural right to
freely express themselves through any media and frontier without outside interference, such as censorship, and
without fear of reprisal, such as threats and persecutions.
In the Indian context, Article 19 (1) (a) of the Constitution of India confers on the citizens of India the right “to freedom
of speech and expression”. This freedom can be expressed by speech, writing, printing, pictures, or any other
expression. The same translates to social media through-
• Free sharing of information: Content can be shared on social
media in the form of ‘posts’, ‘tweets’, ‘stories’ among other forms
of expression. This enables the individual to express their feelings,
issues, and problems. E.g., Use of rainbow profile filters on Facebook by LGBRQIA+ community.
• Expression of opinion: Social media platforms encourage opinion formation and expression of opinion through
features like ‘comment’, ‘like’ etc. Such form of communication fuels expression by making it interactive, motivating
and acting as a feedback loop.
• Building connections and conversations: Social networking services can help people connect. The nature of social
media enables people to express themselves to a newer and larger audience. E.g., Social media has become a
networking and marketing pathway for several start-ups.
• Seeking and receiving information: Information is also shared among the users passively though ‘news feed’,
‘following’ option among others. E.g., Election commission of India conveys information through Systematic Voters’
Education and Electoral Participation (SVEEP) programme on social media.
• Group expression: It facilitates formation of groups, their interaction, and their collective expression. E.g., UN
Women’s #HeForShe drew solidarity from all corners of the world taking forward a group sentiment.
Prevalence of these forms of communication gives another dimension to free speech. But there have been some
unintended consequences with growing usage of social media.
What are the issues that have arisen due to abuse of this right on social media platforms?
The characteristics of social media i.e., sense of anonymity and wider reach combined with misuse of freedom of speech
has led to following issues-
• Misinformation: For example, spread misinformation about important matters such as COVID-19 and vaccines.
• Internet trolling and inflammatory content: Internet trolling can be understood as a malicious online behavior,
characterized by aggressive and deliberate provocation of others. “Trolls” seek to provoke, upset, and harm others
via inflammatory messages and posts.
o For example, several instances of mob lynching have their source in inflammatory rumors spread by anti-social
actors.
• Defamatory or hateful content: The perception that there are ‘no consequences’ for what you say on social media
encourages anti-social elements make false, hurtful and hateful comments in relation to people, religion, interests,
nationalities among others.

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• Unethical use by powerful actors: Being a commercial entity, social media can be at times used in a deceitful
manner by powerful actors such as large corporations, political parties etc. For example, the tool of fake news was
allegedly used by actors in the US elections of 2016.
o Paid content on social media such as fake followers, planted reviews etc. also misguide the user.
• Severe expression of already prevalent societal fault lines: The issues such as racism, casteism, communalism or
regionalism among others tend to get expressed in a more aggravated form.
How do these issues affect the society and people?
• Element of trust: Increasing instances of misuse of social media and
poor behavior on social media would remove the element of trust
from the given ecosystem.
• Discourages empathetic behavior: Aforementioned activities create a
culture of insensitivity and indifference on social media.
• Creates an atmosphere akin to bullying: Poor experiences on social
media in terms of hurtful comments, unwelcoming atmosphere would
make social media an unsafe space especially for vulnerable and
impressionable participants.
• Affecting Mental health: Social acceptance is a psychological need of
the human mind. Being a victim of online trolling creates a perception
of non-acceptance by one’s peers. This can drastically affect a person’s self-esteem and mental health.
The misuse of freedom on social media demands reasonable restriction on freedom of speech on social media.
What are the reasonable restrictions to freedom of speech and expression and how are they applied on social media?
The freedom of speech and expression does not confer on the citizens the right to speak or publish without
responsibility. As per Article 19(2) of the Constitution of India, the legislature may enact laws to impose restrictions on
the right to speech and expression on the following grounds:
Sovereignty and integrity of Security of the State Friendly relations with foreign States Incitement to an offence
India
Defamation Contempt of court Decency or morality Public order
The same grounds apply to restricting freedom of speech and expression on social media. To enforce these restrictions,
following tools have been used-
• Source-selective censorship: Several websites, applications or groups which engage in activities which go beyond
the purview of freedom of expression are banned from online platforms. For example, banning of several
pornographic websites.
• Content-selective censorship: Content of sensitive nature which has the potential to disturb public order or go into
the above-mentioned restricted areas is identified and removed from online platforms. For example, removal of
communally charged posts or videos.
• Platform-controlled Censorship: Platforms like Facebook, Twitter, Instagram, and YouTube routinely remove posts
deemed to violate standards on violence, sexual content, privacy, harassment, impersonation, self-harm, and other
concerns.
• Temporary bans: In certain situations, a platform or overall social media is subjected to a temporary ban in the light
of a security threat, public order etc. For instance, in 2015, the Bangladesh government blocked six social media
sites namely Facebook, WhatsApp, Line, Messenger, Tango and Viber due to a potential security threat.
• Penalization: Commission of offences like defamatory remarks or inciting of violence via social media mode gets
requisite punishment. The legal route adopted for enforcing this punishment is via the Information Technology Act,
2000 and the Information Technology Rules, 2021.
Limitations of the current framework
• Subjective: The IT Act contains a lot of subjective terms like “grossly offensive” or “causing annoyance”, which instills fear
and uncertainty in the users. This was highlighted in the Shreya Singhal vs. Union of India case.
o According to a survey, 83% of people said that owing to past arrests made in the country, they think twice before posting
anything on social media networks.
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• Imposed not voluntary: The regulatory methods under which social media operates are imposed upon the users and are not
voluntary in nature.
• Jurisdiction issues: Most of the major social media platforms are multi-national companies, which creates ambiguity in
adherence to national laws. For example, blasphemy is a crime in Saudi Arabia but not so in United States or Australia.
• Lack of clarity on expectations from the users: There is no normative code of conduct or role clarity on what users are
supposed to do or should they behave on these platforms.
Where should the buck stop?: Creating an ethics of communication for social media
Balancing freedom of speech and expression and
effective enforcement of reasonable restrictions
cannot be an ad-hoc and unilateral approach.
To ensure that the communication on social media is
ethical, it is important principled approach (refer
infographics) towards its regulation. At the same
time, these principles are to be adopted in a multi-
stakeholder manner.
In the light of these principles, all the stakeholders
have the responsibility to make social media more
ethical-
• Users: Users have the responsibility adhere to
these communication principles so as to make
social media interaction safe, purposeful and
constructive for everybody.
o This includes exhibiting tolerance,
maintaining decency, responsible sharing of
content and practicing social media hygiene
by ignoring hurtful and hateful content.
• Platforms: Platforms have the duty to incorporate
these principles in the design architecture of the
platform itself.
o This implies encouraging responsible, truthful, and respectful expression from its
users.
o Also, clarity on accountability of content, adoption of a democratic approach to
post-censorship and protecting the privacy of its users need to be a part of the
platform structure.
• Government Authorities: Governmental authorities play a vital role in ensuring that the platforms are abiding by
these principles and at the same time providing them legal and institutional support to fulfill this role effectively.
o This would entail streamlining the legal and regulatory framework in the line of these principles and ensuring
that the regulations are largely voluntary, multi-party and as objective as possible.
Conclusion
Freedom of speech and expression on social media like on other traditional media will organically grow only when the
nature of communication is governed by moral and ethical principles and not by law.
"Rights of the people are not protected by laws but by moral and political conscience of people."- BR Ambedkar.

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9. ETHICS
9.1. ETHICS AND CLIMATE CHANGE
Introduction
After two long weeks of negotiations at COP26, the United Nations Climate Talks, the Glasgow Climate Pact was signed.
But both leaders and experts were not satisfied with the promises made. The prevalent gaps in the climate negotiations
and the gravity of the issues can be gauged by the opinion of world leaders:
“Small steps will no longer do. The biggest steps need to be taken by those with the biggest boots.”
- Finland President Sauli Niinisto

“Every year the problems are getting worse. We are at the limits. If I may use a strong word, I would say that we
are at the limits of suicide.”
- Pope Francis

“Failure to provide the critical finance and that of loss and damage is measured in lives and livelihoods in our
communities. This is immoral and it is unjust.”
- Barbadian Prime Minister Mia Mottley
“I urge you to instruct your negotiators to choose the path of compromise and consensus. Bold climate action is
in the national interest of every single country represented at this conference. The time for brinksmanship is over.”
- UN Secretary General Ban ki-moon

“For Honduras, climate change is a matter of life and death. The figures don’t add up … we are not all equally
responsible.
- Honduras President Juan Hernandez
“The aim of the summit was “a binding U.N. framework” and a binding review mechanism to close the gap between
the impact on global warming of promised measures and the work required to limit rising temperatures.”
- German Chancellor Angela Merkel

“Climate justice demands that the little carbon space we still have, developing countries should have enough room
to grow.”
- Prime Minister Narendra Modi

Climate change is always perceived as an environmental or physical problem, but the solution of this problem lies in
unknotting an array of ethical issues.
How is Climate Change an ethical issue?
Multiple stakeholders with varied interests have shared a global common for a long time. This has made climate change
an issue of ethics and justice on several fronts-
• Who should take the responsibility?: It is a problem that is being caused by some people and nations in one part of
the world who are putting other people and nations at great risk in another part of the world who have often done
little to cause the problem. For instance, the North- South debate on the responsibility of climate change.
• Who will protect the worst affected?: The possible harms to those at most risk are not mere inconveniences but
potential catastrophic harms to life, health, and natural resources on which life depends.
• Should efforts be based on ability?: Climate change is a problem about which many of those people most at risk can
do little to protect themselves. Therefore, the best hope for them is if developed nations do the heavy lifting.
• Pursuing National interest or climate justice?: A global solution to climate change requires all nations and peoples to
limit their greenhouse gas (GHG) emissions to their fair share of safe global emissions. But this fair share may not be
in their national interests like economic development.

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• What is our intergenerational obligation?: With Climate Change, we as a generation impose risks on future
generations. This presses the issue of how to balance the rights’ claims of those alive today against the rights’ claims
of future generations.
There is no certain answer to these ethical dilemmas. But what is certain is that without navigating these ethical questions,
it would be very difficult to arrive at any collective action.
Climate Change Negotiations (CCNs) and its ethics
The discussions under the Climate Change Negotiations (CCNs) have churned out some principles of climate action which
help answer the above questions –
• Common but differentiated responsibility (CBDR)/Ability to pay: The principle balances, on the one hand, the need
for all states to take responsibility for global environmental problems and, on the other hand, the need to recognize
the wide differences in levels of economic development between states.
o For instance, Canada’s and Mexico’s emission targets would be different despite having similar emission levels.
This would be due to the gulf in their development levels.
• Idea of equal per capita emissions: The principle states that everyone has an equal claim to the atmosphere implying
that everyone should have an equal share of the available emissions permits.
• Polluter pays principle: The idea states that those who produce pollution should bear the costs of managing it to
prevent damage to human health or the environment.
• Beneficiary pays principle: It states that those who gain an advantage by disadvantaging others have a duty to rectify
that disadvantage.
o For example, a driver who uses gasoline has benefitted from generating GHG emissions, but he pollutes the
environment and hence he has a duty towards reduction of pollution.
These principles have helped the discussion move forward. But translation of these principles into practice has been
limited.
Are our current climate policies just?: Bringing Glasgow Climate Pact under the scanner
Just climate policies or Climate Justice relates the effects of climate change to concepts of justice, particularly
environmental justice and social justice and by examining issues such as equality, human rights; collective rights, and the
historical responsibilities for climate.
The COP 26 asked the national governments to come next year with tougher pledges, made pledges in newer areas and
completed the rules on carbon trading. But these incremental changes may not be enough to ensure climate justice
because-
• The Pact is not enough to keep temperatures below 1.5 degrees: By not targeting the 1.5-degree mark, we are
allowing permanent damage that endangers our human rights and breaches our obligation to the future generations.
• The Pact fails to deliver on loss and damage: The failure to agree on loss and damage leaves the most vulnerable
states and communities to bear the brunt of climate change. The developed and wealthier states have again shied
away from their historical responsibilities.
• The complexity and urgency of phasing out fossil fuels isn’t properly addressed: The pact talks about phasing out
fossil fuels but fails to comment on timeline and does not incorporate equitable phasing out between developed and
developing countries.
The COP 26, like many of its predecessors did not fulfill the expectations from it. The lack of consensus among the
countries stems from the fact that there is no mutual agreement on what principles will act as a base for climate actions.
How can we make Climate Change policies more ethical and just?
In order to help Member States and other stakeholders to make appropriate decisions and implement effective policies
UNESCO adopted a Declaration of Ethical Principles in relation to Climate Change-
• Prevention of harm: To better anticipate the consequences of climate change and implement responsible and
effective policies to mitigate and adapt to climate change.

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• Precautionary approach: To not postpone the adoption of measures to prevent or mitigate the adverse effects of
climate change on the grounds of a lack of definitive scientific evidence.
• Equity and justice: Respond to climate change in a way that benefits all, in the spirit of justice and equity.
o Allow those who are unjustly affected by climate change (due to insufficient measures or inadequate policies) to
access judicial and administrative proceedings, including redress and remedy.
• Sustainable development: Adopt new paths for development that make it possible to sustainably preserve our
ecosystems, while building a more just and responsible society that is more resilient to climate change.
o Special attention must be paid to areas where the humanitarian consequences of climate change can be
dramatic, such as food, energy, water insecurity, the oceans, desertification, land degradation and natural
disasters.
• Solidarity: Support, individually and collectively, the people and groups most vulnerable to climate change and natural
disasters, particularly in the Least Developed Countries (LDCs) and Small Island Developing States (SIDS).
o Strengthen timely co-operative action in various areas, including technology development and transfer,
knowledge-sharing and capacity-building.
• Scientific knowledge and integrity in decision-making: Strengthen the interface between science and policy to
optimally aid decision-making and the implementation of relevant long-term strategies, including risk prediction.
o Promote the independence of science and widely disseminate its findings to as many people as possible, for the
benefit of all.
Internalization and implementation of these principles is the collective responsibility of all nations. The urgency of their
implementation is aptly described by the statement of Palau President Surangel Wipps Jr. on Climate Change- "Leaders
of the G20, we are drowning and our only hope is the life-ring you are holding. You must act now. We must act
together."

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9. ETHICS
9.1. MOB VIOLENCE AND LYNCHING
Introduction
Mob Violence or Lynching is one of the major challenges to
State authority. Though it can be done by group of people
in rage, typically it involves vigilante group, i.e. self-
appointed doer of justice, who keep watch over people
and punish them in their own way (Vigilantism).
In both forms, it goes against the rule of law and notion of
a civilized society due to the destructive expression of
emotions in it for immediate gratification.
About Mob Violence/lynching
• Mob Violence or Mob Lynching is defined as targeted
homicidal aggression, including killing, against a
person/s by a group of people or mob to-
○ Punish for a crime actually committed or mere
suspicion based on allegations or misinformation,
○ The targeting can be for a serious crime in the eyes
of law or merely to suppress the tendency of deviance from the ideology of the mob.
• Fundamentally, it is seen in two ways as-
○ Defence of society, i.e. protest against anarchy, due to failure of law enforcement agencies in curbing the issues
of cow theft, kidnapping, crimes etc. or
○ Offence against society, i.e. return of anarchy, as it goes against the fundamental principle of law, i.e. what the
law provides must be taken by lawful means. Self-appointed people holds no right to undertake law enforcement
• Ethically, it goes against the moral principles like fairness and reasonableness. If it is not controlled, it may give rise
to social hatred with increased tendency of mass criminal outburst, ultimately leading to a state of anarchy.
Reasons behind Lynching
• Religious Beliefs or Principles: Being a multi-religious and pluralistic society, the religious beliefs or principles play an
important role with imposition of one’s beliefs on others. E.g. The recent killings in Punjab over sacrilege issue or
bovine-related mob-lynching.
• Socio-cultural Influences: This includes the historical socio-cultural norms or moral principles which govern a person's
behaviour or attitude towards an action. E.g. From 2000-2012, nearly 2,097 lynching due to witchcraft were reported
from 12 states of India.
• Feelings of Fear or Hate: Often, the rumors of being kidnappers or actual action of person/s give rise to lynching. E.g.
the killing of Sadhus in Palghar on rumor. Similarly, in Dimapur (2015) an
Note: Due to lack of definition and
angry mob lynched a rape accused by breaking into the prison. unreliable data, National Crime Records
• Lack of trust in the efficacy of laws: Either due to dissatisfaction from Bureau (NCRB) stopped collecting data
implementation of laws or judicial delays, mob justice is seen by non-state on mob lynching, cow vigilantism and
actors as a discharge of public duty. other such crimes after 2017.
What are the ethical issues it creates?
• Dehumanization of the victim: Lynching incidents lead to dehumanisation of individuals or groups leading to
ghettoization and hate crimes.
• Denial of Justice: Lynching goes against the rule of law and the extra-judicial elements or non-state actors’ award
punishment beyond what is deserved under laws.

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• Otherization of the Society: Lynching leads to higher distrust among people and society becomes more mechanical
rather than organic, i.e. homogeneity based integration. Being a nation with large diversity, it can create challenges
to the unity of nation.
• Creation of an atmosphere of fear: The level of intolerance and private security need rises in society as more people
start taking law into their own hands for justice.
• Encourages use of violence: If not resolved, lynching boosts confidence of non-state actors and violence gains
acceptance. If not controlled, it can be used over non-agreement and becomes a threat to individual liberty,
rationality and logical discussion.
Solution to Lynching: Current Framework and Other
steps needed to stop Lynching
With growing use of social media by non-state actors to
gain public attraction, mobilise people and target
individuals through false allegations, solution to
lynching is essential not only for sustenance of law and
order but for nation building as well.
Current Framework
• With police and public order being part of state
subjects, India lacks a single law to specifically deal
with mob lynching.
• In Tehseen Poonawalla vs UOI (2018), Supreme
Court issued preventive, remedial and punitive
guidelines to deal with mob violence and lynching
• Calling it a “horrendous act of mobocracy”, the
Supreme Court also asked Parliament to establish
lynching as a separate offence with punishment.
• Presently, it is mainly dealt under various sections
of IPC with a handful of states taking legal initiatives. This includes- Manipur, West Bengal, Rajasthan and recently, by
the Jharkhand assembly.
Other Steps Needed
• Societal Approach: With involvement of beliefs and emotions, regulation of social behavior is first step to stop mob
violence and protect rights conferred to the citizens. This includes-
○ Respect for Law: Law is the mightiest sovereign of a civilized society. Efforts should be made to increase the
feeling of law being sacred in society.
○ Culture of duty: Efforts should be made to universalize the basic duties such as- Duty of Justice, Duty of
nonmaleficence etc. as part of social norms or actions.
• Governmental Approach: Apart from bringing laws and guiding society on social behavior, the government should
apply emotional intelligence to handle conflicts with equal condemnation of social and political violence to avoid
revenge tendencies.
• People-centric Approach: As society and government are made by the people, it is vital that people should seek true
freedom through a life based on reason (objectivity or rational will), self-control and virtues of empathy, compassion,
and humanity. As Thiruvalluvar, well-known poet and philosopher of ancient India, said
The first and most important thing a man should keep away from is not doing harm of any kind knowingly to anyone, at
any time.

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