Model Answer

(a) What are the ethical issues involved in this case?

1. Violation of the Rule of Law
   The NGO’s involvement in bribing local officials is a clear violation of the Prevention of Corruption Act, 1988, which criminalizes the act of bribing public officials. Despite the NGO’s contribution to essential services, its illegal practices undermine the rule of law and contribute to systemic corruption. This creates a moral dilemma for Anmol, as supporting an organization involved in corruption can be seen as endorsing unlawful activities.
2. Compromising Public Trust and Integrity
   As a public servant, Anmol is governed by The All India Services (Conduct) Rules, which emphasize principles of integrity, transparency, and accountability. By failing to act on the bribery issue, Anmol risks compromising these ethical principles and undermining public trust in government institutions. The public expects government officials to uphold moral and legal standards, and allowing corruption to continue can lead to a perception of institutional corruption, which could damage the credibility of government efforts.
3. Impact on Public Welfare
   The NGO plays an essential role in delivering life-saving services, particularly during disasters, when it provides critical medicines and medical assistance. Its efforts have been widely recognized and have significantly improved public welfare in the district. However, addressing the bribery issue could potentially disrupt the NGO’s operations, negatively affecting the health and safety of the population. The ethical dilemma lies in balancing the need to combat corruption with the responsibility to ensure that the population continues to receive the essential services that the NGO provides.

In this case, Anmol must navigate the tension between upholding the law, maintaining public trust, and ensuring the continued delivery of critical services to the community.

(b) List the options available to Anmol and evaluate their merits and demerits.

1. Tolerate the Situation

• Merits:
  • Continuity of Essential Services: By tolerating the situation, the NGO’s operations, especially in emergencies, would continue uninterrupted, ensuring that critical services like medicine distribution and disease prevention are provided.
• Demerits:
  • Violation of Legal and Ethical Standards: Tolerating bribery and corruption violates the Prevention of Corruption Act, 1988, and the ethical standards expected from public servants.
  • Undermining the Rule of Law: By ignoring the corrupt practices, Anmol risks sending the message that bribery is acceptable, undermining the legal framework and ethical governance in the district.

2. Take Strict Action Against the NGO

• Merits:
  • Commitment to Rule of Law and Ethical Governance: Taking action against the NGO would show that Anmol values the rule of law, ethical conduct, and transparency in governance.
  • Restoring Public Trust: Addressing the bribery issue would help restore or strengthen public trust in government institutions, demonstrating that corruption will not be tolerated.
• Demerits:
  • Halt in Operations: Strict action could result in the suspension or termination of the NGO’s operations, which would halt vital services such as life-saving medicines and disease prevention efforts.
  • Potential Harm to Public Welfare: Disrupting the NGO’s activities could jeopardize the health and well-being of the district’s population, especially during emergencies.

3. Confront the NGO Privately and Develop a Joint Action Plan

• Merits:
  • Balanced Approach: A private confrontation allows Anmol to address the corruption while ensuring that essential services continue. It also provides an opportunity to guide the NGO towards adopting more ethical practices.
  • Time for Correction: The NGO could be given time to align its operations with ethical standards without immediately halting its services, preserving public welfare.
• Demerits:
  • Resistance to Change: The NGO may resist the proposed changes, especially if its operations depend on the current corrupt practices. This could delay or complicate efforts to curb the unethical behavior.

4. Report to Higher Authorities

• Merits:
  • Targeted Solution: Reporting the matter could lead to a targeted investigation and solution, addressing the corruption while ensuring that service delivery is not compromised.
  • Possible Systemic Changes: Higher authorities may implement broader changes to tackle corruption, ensuring long-term improvements in governance.
• Demerits:
  • Resistance from the System: Given that bribery is reportedly widespread in the district, Anmol may face significant resistance from other officials or stakeholders who benefit from the status quo, making it harder to bring about change.

Conclusion

Anmol has several options, each with its own set of merits and demerits. While taking strict action ensures legal and ethical compliance, it may jeopardize public welfare. Confronting the NGO privately may strike a balance, but could face resistance. Reporting to higher authorities could provide a long-term solution but may lead to systemic challenges. Tolerating the situation, while ensuring continuity of services, compromises legal and ethical integrity.

(c) Which option should Anmol choose and why? Justify with arguments.

Justification

1. Legal and Ethical Compliance:

• Addressing Corruption Without Ignoring the Law: Confronting the NGO privately allows Anmol to address the bribery issue while ensuring that the legal framework is respected. This approach helps to align both the NGO’s actions and Anmol’s responsibilities with the Prevention of Corruption Act, 1988, which criminalizes bribery of public officials. At the same time, it ensures that essential services continue without disruption, which is critical in a district that heavily relies on the NGO’s intervention, especially during emergencies.

2. Fostering Cooperation:

• Collaborative Spirit: Confronting the NGO privately promotes a cooperative relationship, allowing Anmol to maintain the existing partnership and the positive impact the NGO has in the district. A private discussion can motivate the NGO to address its unethical practices while continuing its work. This approach focuses on building trust and encourages the NGO to take responsibility for its actions, rather than ending the partnership immediately, which might harm public welfare.

3. Internal Resolution:

• Encouraging Accountability: By addressing the corruption issue internally, Anmol demonstrates his ability to handle challenges within his jurisdiction. This could lead to the NGO self-regulating its practices and improving its operations without escalating the issue, thereby fostering a culture of accountability and ethical governance. Anmol would also be seen as a leader who values internal resolution rather than opting for external intervention at the first sign of trouble.

4. Protecting Ethical Standards:

• Escalation If Necessary: If the NGO resists or fails to act responsibly, reporting the issue to higher authorities would ensure that ethical standards are upheld. This step would demonstrate Anmol’s commitment to transparency and governance, ensuring that corruption is addressed without compromising the welfare of the district’s population.

Conclusion

• This option offers a pragmatic balance between legal compliance, ethical responsibility, and the continuity of vital services. It enables Anmol to act responsibly while maintaining public welfare, and it upholds the standards of ethical governance and transparency in the face of a complex issue.