Ethics Case Studies

Answer: Although many nations have abolished capital punishment, over 60% of the world’s population live in countries where executions take place, such as China, India, the United States and Indonesia, the four most-populous countries in the world. These nations have also consistently voted against the UN General Assembly’s resolutions over death penalty. stently (a) Arguments in favour of capital punishment

• Deterrence: Capital punishment acts as a deterrent to the criminals and potential criminals. Heinous criminal activities such as rape, treason, murder, terrorism, etc. can be drastically reduced when death penalty is practiced. This is the reason why in some countries such as Saudi Arabia capital punishment is still actively practiced.
• Cost implications: Capital punishment cuts down the cost involved in imprisoning criminals because of the fact that the state will have to feed, shelter, clothe, and provide the basic things needed for the prisoners to live in a humane way.
• Eye-for-an-eye approach: To the average person, the severest punishment on the Earth is the death penalty. Justice isn’t really served until the punishment a criminal receives is equivalent to his or her crime.

Arguments against capital punishment

• Sin to kill: Many consider the death penalty as nothing short of a barbaric and an inhumane act, as no matter how severe the crime a person committed, it is still inhumane to punish the person by killing him or her.
• Inhumane approach: Most of the methods used in carrying out the executions are crude and inhumane because the offender has to go through a lot of pain and suffering before eventually dying. Some of these crude methods include shootings, hanging, and stoning.
• There is no scope to review the judgement: The strongest argument against the capital punishment is the fact that there are certain unfortunate instances where people end up being executed for crimes they didn’t commit.
• Violates right to live: The death penalty clearly violates natural right of every human which is the right to live. Every human has the fundamental right to live and not be deliberately killed by an individual or the state.
• Against reformative approach: Some criminals regret their heinous crimes and repent while in prison. They later go on to become model prisoners and advise others against a life of crime. They use their lives as an example to show people that crime doesn’t pay.

(b) Moral implications of capital punishment:

• Retributivist approaches:
  • It serves the principle of equality: As per Immanuel Kant, if a victim suffers the harm of a life ended, the only equivalent harm to be imposed as punishment, then, must be the death of the killer.
  • It serves the principle of proportionality: The amount of punishment merited should be proportional to the seriousness of the offense, more serious offenses being punished more severely than less serious crimes.
  • It accepts the surrender of right to life: As per John Locke, if someone violates another’s right to life, they forfeit their own right to life and can therefore be treated as a being not possessing any right to life at all.
• Consequentialist approach:
  • As per J.S. Mill, capital punishment is the least cruel way (as compared to incapacitation, etc.) in which it is possible adequately to deter from the crime.
  • Capital punishment includes bad social effects:
• First, for many the death penalty becomes a spectacle, and for some it evokes pity for the offender rather than the fear of execution needed for effective deterrence of criminal misconduct.
• Second, the cruelty associated with the capital punishment has a brutalisation effect on people watching it.

Vengeance arises out of someone’s hatred, anger, or desires typically aimed at another. There is no internal limit to the severity of that response. Also, the brutalisation impact of a capital punishment over the society is much wider than the deterrence it provides. A civilised society must be based upon humanitarian values, the focus of which should be on reformation and rehabilitation of a criminal rather than following the same path which he/she followed. Therefore, such punishments should either be completely avoided or must be inflicted only by the judiciary in the rarest of rare crimes.

Answer: In the given case, an inter-caste couple has decided to live together without the consent of their respective families. The couple fear for their lives while their families have accused each other of abduction. Given the social repercussions of the issues, the officer in charge has to find an amicable solution.

(a) Ethical dilemmas faced by me, as the Superintendent of Police (SP):

• Social norms vs. rule of law: Inter caste union and live-in relationship might not be accepted in the social settings of a region. But the judiciary in its various judgements have given legal recognition of live-in relationships. Also, there is no legal hurdle for inter caste marriages in India.
• Individual liberty vs. family values: The officer has to make a choice between upholding individual liberty and choice of the couple and adhering to the family values of the respective families.

(b) Suitable course of action that I will take as the SP:

• To begin with, I will have a preliminary enquiry of the case initiated and make sure that all the facts stated by my subordinate and the girl are validated.
• The couple should be provided police protection and it must be ensured that no harm is done to them. They should also be shielded against any pressure by the community. If needed, legal, financial and moral support should also be extended to the couple.
• I will meet the families and convince them to accept their children’s freedom of choice. I will also take help from elders in the community, local leaders as they command respect within the community, their words will have a calming effect on the families.
• I will also take help from NGOs, if needed, regarding spreading of progressive ideas and also for providing support to the couple.
• If the families are unrelenting and continue to take matters in their own hands in violation of the law, I will initiate legal action against them as per the law of the land.
• In the long run, I will endeavour to create avenues to sensitize the community against the practice of casteism and honour killing. The community must be made aware about the repercussions of these heinous sins.

(c) Reasons for social acceptance of violence and honour killings in some parts of India:

• Caste endogamy: Marriage within the same caste, i.e. caste endogamy is one of the features of the caste system. Though there have been changes, caste endogamy continues to persist, particularly among the locally dominant caste groups, in some parts of India. In certain circumstances, its violation may be seen as bringing dishonour to the family and may also result in violence among families and social groups.
• Different social status: Other than the caste, social status is another consideration. If a couple marries against the wishes of parents, rejecting the notions of status and equality, the family takes it as humiliation and loss of family name in their social circles.
• Property considerations: It is believed that the girl, who has already asserted her right to marry a person of her choice, may assert her right to her share in ancestral property, which is now safeguarded by law in India. The fear of social ranks being obliterated and property getting transferred may make the resistance to such relationships more violent and widespread.
• Expectation of altruistic cooperation: An individual is expected to sacrifice personal freedom and desires in accordance with the specified codes of honour for the benefit of the society. Punishment for misconduct is viewed as a form of altruism that benefits the group at the expense of the individual. In such a social setting, the reputation and social standing of an individual or his family and even community is based on the sexual behaviour and morality of its women and any diverging behaviour is deemed to bring shame to these institutions.
• Cultural beliefs and traditions: It plays a decisive role in the freedom given to its women. Intermixing of girls and boys, especially those belonging to different castes and faith, is often unacceptable. The sexual behaviour of women is readily associated with the symbolic capital of a family and any misconduct may warrant stern action.

The “Honour-related” violence thrives due to the silence of the community, lack of evidence, and delayed legal punishment. The ideals and notions embedded in the collective consciousness of a community can’t be changed overnight. However, with education, awareness of legal procedures and human rights, and conviction of perpetrators involved in such crimes, it is believed that a change in mindset toward honour-related crimes may be attained in due course of time.

Answer: The given case study highlights a situation where a civil servant has to prioritise in a rescue operation during a natural disaster, utilise limited resources at his disposal accordingly and simultaneously maintain law and order. The key stakeholders involve the locals, tourists, international convoy, and government of both the states and the Centre.

(a) Issues faced by Sunil in the given scenario include:

• Inexperience: Sunil has recently been posted as a District Magistrate (DM) in the hilly district. Therefore, the foremost issue he faces is not being fully aware of the topography, available infrastructure, potential weak areas as per occurrence of natural hazards, areas vulnerable to violence etc.
• Saving the pilgrimage site: The district has a famous pilgrimage site. Since people’s faith is associated with such sites, one major issue is to get information regarding its damage and protect it from any further damage due to spill over effects of the disaster.
• Rescuing the international convoy: An international convoy is also trapped in the disaster. Therefore, it has become a matter of international concern. An appropriate and quick search and rescue operation needs to be conducted.
• Distribution of resources: Available resources are to be distributed efficiently so that locals and stranded tourists from other states can be saved.
• Infrastructure constraints: As roads and bridges are damaged, Sunil would face issues in conducting/coordinating rescue operations efficiently.
• Basic necessities: Sunil would face issues regarding arrangement of adequate food, water, medicine and shelter facilities for those rescued, as well as those who are trapped.
• Safety of women: There would be an issue of safety of both local women and female tourists.
• Retrieval and identification of dead bodies: There has been a high casualty. If immediate steps are not taken to retrieve the bodies, a law-and-order problem can escalate. Also, there can be a health hazard in the district.
• Resolution of complaints: The complaints and requests flooding from different corners of the country need to be addressed.

In this situation, Sunil has to take on a leadership role, work in collaboration with experienced employees who might be his subordinates, efficiently distribute the available resources and manpower and display emotional intelligence and ethical decision-making in assigning priority to rescue operations for different groups of people trapped.
(b) Course of action for Sunil to ensure law and order as well as to expedite rescue operations of all concerned:

• Sunil, being a District Magistrate, and head of the District Disaster Management Authority, needs to call an emergency meeting of the concerned officials, including senior local officers who are well aware of the topography.
• He should assess the available resources at hand, infrastructure in the affected areas that can be used in the operation and areas which are vulnerable e.g., a dam or similar structure that needs to be protected from damage.
• He should create several teams and assign specific roles to the National and State Disaster Response Force for search, rescue, and rehabilitation missions.
• He should deploy emergency response teams and portal/helplines separately for the victims who are trapped and their families. Sunil can also make use of GPS/GIS technology to map the exact points where victims are trapped or a greater number of people need rescuing.
• Sunil needs to inform the Central Government of the steps being planned for saving the international convoy and immediately ask for assistance/resources if needed.
• He can request for the assistance of the army to construct temporary roads or bridges in critical areas to fasten the rescue operations.
• Sunil should dispatch a special team to assess the damage of the pilgrim site and take immediate action for its protection.
• The state government needs to be informed about the extent of the disaster and the food, water, and medicine requirements for the people trapped in the district.
• Sunil should identify the areas (school building, hospitals, premises of temples, etc.) where rescued victims will be brought for further assistance. Conveyance facilities need to be arranged for pilgrims to be transferred to a safe location from where they can proceed to their homes. He should also ensure that the district and rescue centres remain safe for women and children.
• He should also make use of technology to broadcast messages for the trapped victims about how to identify their positions, where to head for rescuing, which areas to avoid, etc.
• He should devise a platform available to all where the victims can identify themselves as safe, as trapped in a particular location, as being rescued and kept at a particular location. Further, names of those who are found dead should be updated.
• Sunil should ensure that the local shopkeepers are not creating monopoly or hoarding essential goods.
• Sunil should also assign roles related to lost and found articles so that people are able to find their documents or other belongings which they might have lost because of the disaster.

Earthquakes are unforeseen and uncertain situations. For a developing and populous country like India, resources often fall short while dealing with such disasters. In such a situation, Sunil has to be prudent and emotionally intelligent. Further, to avoid panic and a law-and-order situation, periodic dissemination of information should be prioritised.