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Human Values- Lessons from leaders, reformers, administrator, role of family, society, educational institutionsValue denotes the importance that we assign to different aspects of world around us. They are preferences and personal believes that guide human behavior. They don’t guide right or wrong (Examples)Veg food is my value but it doesn’t mean I find non-veg eating is unethicalRural Indian family v/s South Bombay families views on a girl wearing shorts. In Indian societies arranged marriages are generally preferred while in western societies marriages are generally not arranged.India value democracy while China value soft totalitarianismSome values generally change with time, place, and context!a life without values is flower without fragranceHuman values are those value which are at core of being human. They help humans to live in harmony with other humans, animals and nature. These are generally universal in nature.Human ValueLessons from leaders, reformers, administratorsHappiness Judge nothing- you’ll be happy; Forgive everything- you’ll be happier; Love everything- you’ll be the happiest- BuddhaIt is ultimate luxury to combine passion and contribution. It’s also a very clear path to happiness- Sheryl Sandberg, COO, Facebook Fairness/Justice Conformity to principle of fairness and impartiality and specifically in legal domain it means meritorious reward or punishmentInjustice anywhere is a threat to?justice everywhere- Martin Luther kingLoveAnd PeaceLove for oneself- fight depression, self-care, healthy lifeLove for family- What you can do to promote world peace- go home and love your family- Mother Teresa Love for society- Peace, harmony, collective growthLove for nation- Patriotism- Freedom struggle Love for humanity- World peace begins with inner peace- Dalai LamaLove for one should not become hatred for others!We can never make peace with outer world unless we make peace with ourselves.- Buddha!!Freedom As Rabindra Nath Tagore argues in his poem where the mind is without fear that country awaken only if it’s free and his freedom is defined broadly beyond self- rule. Freedom is -Where the mind is without fear (lynching, riots?- are we free)- Where knowledge is free (though we have RTI but government schools outcomes are poor)- Where world is not broken into fragments (disputes)- Where words come from depth of truth- where people strives towards perfection - Where arguments are done with reason- Where thoughts turn into action!!TruthPublic life- Truthful person is also more expected to be just and ethicalTruthful leader else different versions of truth creates confusion, conflict and lack of trust in leader and then work culture becomes suchTruth inspires rationality and scientific thinking Private relations- Truth leads to more intimate relationships (platonic and non-platonic)Truth helps one break away from superstitious social believesIndividual level- Truth also has psychological underpinnings (eg. Polygraph test actually tests one’s stress level to detect lying and this extends under normal situations as well)Lack of truth not limit to telling truth to others but being true to one’s own conscience. And if one is then other moral values will follow.ForgivenessThe weak can never forgive. It’s an attribute of strong- GandhiIf you can’t feed a hundred people- feed just one- Mother Teresa Conflict in values Political (Democracy v/s Totalitarianism), Economic (Communism v/s Capitalism), Religious (Secular v/s Religious states),When a person, state tries to impose his value on others’ then that become fanaticismIn a country as vast and diverse as India, conflict of values are inevitable but it the value of tolerance and impersonal behavior that win the day.Essence, determinants and consequences of Ethics in-human actions; Ethics are set of standards of right and wrong that a society places on itself by mutual consensus and which help guide behavior, choices and action while morality is an individual yardstick to decide right and wrongDimensions of ethicsMeta-ethics (Determining the ethics- what’s right or wrong)Normative (litmus test of ethics) eg. Do only means matter or results or both. Application of ethics (in environment, business)Interrelation between value, ethics, morality and lawValue-> consensus of group on R/W-> ethics Value-> Individual feels R/W-> Morality Ethics-> socialization-> Individual moralityIndividual morality-> Consensus-> Ethics-> codification by competent authority-> LawRecent cases Triple talaq- conflict between individual morality of Shah Bano and slowly it gained judicial consensus.Section 377- Pathology, NAZ foundation, conflict in judiciary (2013 v/s 2018 SC judgements)Religion v/s ethicsIn many cases in line with ethics Principles of Nishkama Karma (Duty without rewards)- Hinduism Noble eightfold path (truth, non-violence etc.)- Buddhism Concept of Langar- brotherhood(community dining), compassion- (feeding the hungry)- Sikhism Many verses of Quran asked for love, forgiveness, harmony-Become an issue whenWhen few people promote extremist views – eg. Buddhist monks- hypocrisy in Stops evolving with time- Triple Talaq, Caste blah blah!Misue of religion- ISIS terrorism in name of religionSuperstitions Media v/s ethicsBanality of evil Biased news based on media house ownershipConsequences of Ethics (Irrelevant- rather prepare importance)It can be described as the result of action which was guided by ethical principlesIt can be measured by multiple ways as happiness, suffering, pain that a particular act has generated. The above measurements can be done at various levels:- End result- overall society v/s individual Ends and Means-Short term v/s long term (eg. watching a movie for entertainment v/s controlling such indulgences to score well in exam)Key determinants- Factors that determine whether it is good or badIndividual Family- Most fundamental institute for most of life values (eg. respect for women or patriarchal setup)Religion- concept of Ram rajya (truth, sacrifice) in Hinduism v/s Caste from ManusmritiSelf-conscience- Above and our life experiences lead to development on inner compass of right and wrong. (Gandhi)Society- Social reformers-eg. Raja ram Mohan roy against Sati, Media (Both good and bad – Amitabh promoting SBM while Katrina being objectified)Peer group- Drinking in peer pressure, or daily exercise as a work teams’ normEducational institutes- National levelFreedom fighters and national struggle- Non-violence, Political leaders and celebritiesLaw and constitutional values- (Art 51- quality of pacifism), As an administrator constitution is a key source of ethics for you!!Role of educational institutesEducational institutes play an important role where school-going children spend 6-7 hours on a daily basis Books/Curriculum as means- to teach moral valuesTeachers as role model- help in imbibing both private and public ethics Exposure to varied views teaches the value of diversity and respect of different opinionsTeam activities- Sports, cultural events etc. teaches the value of cooperation and team workKothari Commission has rightly said that Density of our nation is shaped in our classroomsRole of family Family as influencerFamily is the basic unit of society and is the first influencer in development of basic value system. These values then determine the character of a societyFew examples Religious believes- Importance of various rituals and believes (eg. Cow’s importance in HinduismWomen- The treatment of women in family is reflected in the treatment of women in society Caste- The importance of cast is evidently learnt by teachings of familyHow role of family has changedNuclear families instead of joint families reduces the importance of cooperation, tolerance in one’s value system Parent’s experience of cut-throat competition might make a child more self-centeredIncrease in disposable income has also led to change in outlook towards expenditure To what extent Family is not the only influencer, overtime one comes in contact with other sources- friends, colleagues, media, teachers Based on these varied interactions and numerous personal experiences- perception towards outside world might differ from parents a father might think that conventions professions such as doctor, engineer is the right choice as they provide security but the child might chose interest and happiness over security by choosing to become a theatre artistOn interaction with people from various castes, region and religion during student life might help newer generation break away from traditional beliefsImportanceIndividual-Helps in decision makingGuides behavior and actionsSense of personal satisfaction/guilt, Family- Family maketh the man or woman- eg. attitude towards women, honesty, hygiene, value of moneySociety- Harmony in social behavior and general peace in social interactionStrong social fabric is resistant against anti-social elements (eg. Hindu temple in Hauz Qazi, Old Deli vandalized but Hindu and Muslim leaders jointly re-instated idols in temple)Public institutionsEthical conduct provide social legitimacy to legal powers of public servantsIncrease efficiency of administration as ethical principles ensure that focus of public work is public gains and not private gainsIncrease predictability of system Increase people’s trust in system as system is just and fair.National- Inculcate qualities of good citizen (protection of public property etc.)Promotes nation building (eg. Japanese patriotism is closely linked to work culture)Ethics - in private relationships. This refers to the ethics that one follow in private life- in personal relationships like friends, family etc.These are more guided by social codes, religion, conscience rather than formal defined law and rulesFor eg:- In Hinduism- Ramayana shapes the concept of personal relationships. eg. respect for elders, self- sacrifice for larger goodMost societies consider love, affection, care as key value of personal relationshipsEthics - in public relationships. This refers to ethics that a person may adhere to in his/her interactions in public/ professional lifeThese are more formalized but are guided by both societal ethical principles and principles associated with field of work (management, education etc.)Few examples of ethics in public life are (Nolan Committee) - AHILOOSAccountabilityHonestyIntegrity LeadershipObjectivity Openness Selflessness Something on ethics in public life on minister P- 22 (Read if time permits :P)Private v/s Public EthicsNot very clear line of divisions as both are determined by same set of moral and human values (eg. Gandhiji’s principle of non-violence guided his personal as well as public life)But it is possible to have conflict in personal v/s public ethics (for eg. a doctor might personally don’t find abortion ethically correct but still he/she needs to follow the medical ethical procedure in case of an abortion request by a patient)Additionally, when private and professional relations start to intermingle- chances of comprising of professional ethics increase eg. an intimate relationship between 2 co-workers might lead to unbiased and merit based appraisalsAttitude: ? content, structure, function; its influence and relation with thought and behavior ; moral and political attitudes; social influence and persuasion. Content, structure, function; Attitude is a learnt predisposition which determines someone’s beliefs, emotions, behavior towards a social object (thing, person, or event). Few examples- Leopard in hostel (I have learnt that it kills human beings (belief), after seeing it I am afraid (emotion) and hence I run way (act)Capital punishment (I read a Law commission report that it doesn’t create deterrence and hence find it unnecessary act (belief), I see a news in paper and am disgusted by it (emotion) and hence I go for a candle march at India Gate (act)Corruption (UPSC aspirant experiences that giving 50 rupees bribe just makes the file move faster and forms an opinion that’s how system works (Belief), He clears the exam and receives request for land approval, he desires a bribe (emotion) and refuses to sign without receiving some share (act)Structure of Attitude (CAB Model)Cognitive- Beliefs, thought and attribute that we associate with an object (Manual scavenging is bad)Affective- Emotions related to an object (Empathy, Concern)Behavioral- Tendency to act in a certain way. (Anti-scavenging preaching)The CAB model serves as a good proxy to study and infer the reasons of a person’s attitude and hence can used to reform or replicate the attitude. But it is not always coherent and based on situation one might choose to change his/her attitude eg. Person from upper caste who’s otherwise not accommodating of people from lower caste can choose to change if lower caste person holds an important public position. Factors that affect attitude (same as personal, social ethics determinant)Family SocietyExperiences (Personal or stories of others)Learning (media, movies)Functions of attitude (skip)The functional view of attitudes emphasizes on ways in which attitudes might be useful to those who hold on to them. Knowledge functionIt help in providing meaningful and understandable picture of world around us. The knowledge can help changing world view and belief systemEg. Stereotyping to make judgment about plausible person’s action but that migh lead to wrong assumptions as well.Adaptive/Needs functionFormed as a result of past experiences of rewards and punishment. Can be changed if new attitude serves needs better Ego defensive Attitudes help preserve self-esteem in momentum of embarrassmentThis reduces the psychological harm caused due to moments of distressMost difficult to change as it is directly related to self esteemValue expressive- Some attitudes are important to a person because it expresses the values that are central to person’s self- concept. For eg. a person who has a lot of piercing and tattoos might be portraying his value to free will Influence and relation with thought and behavior;Thought is internal while behavior is external Passive v/s Active.Moral attitudes; Moral attitudes refer to beliefs, emotions and behavior towards an object (person, place, and event) that has a connotation of right and wrong associated with it. They are defined by moral values such as Loyalty, truthfulness, Service of others et al.Moral attitudes can be facilitative or prohibitive eg. attitude of service can improve public service deliveryeg. Attitude of honesty can prohibit corruption in public affairsPolitical attitudesPolitical attitudes in specific terms refer to one’s attitude towards various political ideologies and systems such as Left v/s Right, conservative v/s liberal, and democracy v/s communism. In a country like India with varied religions, castes and classes- no national party can afford to take extremist stance on religious matters, labor laws etc.It also includes one’s political party preference- many factors such as religion, caste, region, family can play a critical role in shaping such political attitude.In broader sense, it also refers to attitude towards issues of public and political life such as women empowerment, caste based reservations etc.Attitude ChangeAttitude is formed due to cognitive factors- change those factors Use multiple tools to change that belief, behavior change will follow.Classical conditioningUse carrot and stick Persuasion Social influence Classical conditioning. Associate girl with liability. Make liability an asset (eg. Sukanya Smridhi)XYZ deodorant advertisement shows it attract girls (objectify women)Terrorist attack- Islam (conditioning, bring global leaders to speak otherwise)PersuasionPersuasion is an umbrella term of influence. It may involve affecting a person’s beliefs, intentions, behaviorEffective persuasion may involve:- Identify who is the right persuaderCredibility Likeability (Local leader v/s BARC scientist for explaining nuclear benefit)Choose the right way to persuade Medium (in-person, media, TV actor, mirrors in schools?)Keep it simpleUse the construct that people believe (eg. to defend sati abolition Ram Mohan used religious texts itself)WhomThe right people (eg. head of family v/s the women in family)Social influenceSocial influence occur when one’s beliefs, emotions, behaviors are influenced by others Multiple levels of social influence Ensuring compliance- only behavior affected Ensuring identification- Affecting emotions by relating it to some or other emotive element like religion Internalization- when the both public and private believes are affected. Why people conform Avoid punitive action Manage social image and gain social approval Conscience callAptitude and foundational values for Civil Service, integrity, impartiality and non-partisanship, objectivity, dedication to public service, empathy, tolerance and compassion towards the weaker-sections. Positive- A- Accountability, Aptitude, AmbitionC- Compassion, Courage of conviction, CommitmentD- Dedication, DisciplineE- Empathy F- Fortitude/courage (strength in face of pain and adversity), FrugalityH- Honesty I- Integrity, Impartiality L- LeadershipN- Non-PartisanshipO- Objectivity, OpennessP- Political neutrality,S- Selflessness, spirit of service T- Tolerance, Trustworthiness Importance of Integrity- 1) Fair and just behavior in most diverse situations, 2) Crisis response #) Consistency in administration, effectiveness, Leadership- 1) Key because mostly civil servants have a lead a team at very early stage 2) Leader is able to deliver results 3) Strides forward than the norm of day by a vision Objectivity- 1) Predictability and consistency 2) Saves administrators own life 3) Efficiency Accountability, Openness and Transparency!- ValuesDescriptionPersonalAdministrator (Recent)Famous personalityAptitude-Future potential to attain competence after training -Aptitude + Training = Ability-Ability honed through experience becomes your skill(UPSC paper + LBSNAA + on-field experience)For eg. for taking physics as optional one needs to have basic science aptitude (maths, basics of physics)Integrity-Consistency of thought, speech and action while adhering to highest moral standards -Holding onto the highest moral standards irrespective of time, space and context.- Making sure that all sources are mentioned and data is correct is intellectual integrity- Following traffic rules even when no one is watching Pepsico notified Coca-Cola on stolen trade secret even though they could use it to their benefit.Gandhi – Chori ChoraGandhi equated happiness with integrity when he said- Happiness is---ImpartialityDecisions to be based on objective criteria rather than bias, prejudice, or preferring benefit of one over other for improper reasonsWhile taking interviews of candidates for fest- putting merit before hostel and college friendshipImpartiality forms the core of belief (disbelief) in judiciarySardar Patel during his address to first batch of IAS officers mentioned it as one of the key pillar of fair administration.Non-partisanshipNon-bias or not have prejudice in favor of person, party, causePolitical neutralityWork towards the implementation of govt. policy irrespective of political party-Speak when you have the chance and you must but once policy has been made then implement with full fervor -If can’t then resign (Raghuram rajan)ObjectivityFact, rules based decisions and not influenced by personal beliefs or feelings-Rule based protects the civil servants - Subjectivity beings in inefficiency- Trust of citizenDedication (to public service)/CommitmentSense of deep rooted commitment/devotion to a cause, duty, task Dedication for UPSCArmstrong Pame (Manipur Roads)Dashrath Manjhi- Road from mountain!!APJ Abdual Kalam- “Dream is not what you see in sleep, is the thing which doesn’t let you sleep”Dedication shows that you work in social welfare but EmpathyThe ability to understand and share feelings of others“Learning to stand in someone else’s shoes, to see through their eyes, that’s how world peace begins…..Empathy is quality of character that can change the world”- Barack ObamaToleranceAbility or willingness to accept the existence of opinions or behaviors that one disagree with or dislike SympathyFeeling that arises one is affected by another person distress and motivated to help Don’t khao taras!!! CompassionEmpathy +take actionChawdi Bazaar- rehabilitation model being used for slum remodeling. SelflessnessSpirit of serviceHolders of public office should work in public interest and should not do so for personal benefitsBlood donation My friend gives free tuitions to poor kids from slum during weekendsTeacher providing free education to poor kidsKashmiri guide sacrifices his own life to save life of 5 tourists (Rouf Ahmad)Jaisal KP (fishermen from Kerala provided his back as support to help old people climb the boats)Mother Teresa- “A life not lived for others is not a life”Sardar leaving PM post on Gandhi request!Gandhi- Leprosy patient treatmentHonestyMoral character that connotes with integrity, truthfulness and straightforwardness.Openness -Collaborative and cooperative decision making -Unrestricted access to information-Made the budget of college’s cultural fest open access - Equal voice to all in a family- open familyOpen data policy of govt. (gov.data.in)AAP listing its donors and donations onlineAccountabilityResponsibility exists before action (eg. 500 Cr scheme implement krni h!)Answerability is obligation to give justification for one’s actions (why appropriation in a particular way)Answerability supplemented with sanctions is accountability My answerability to clients but accountability to my managerGovt, is answerable to citizens but accountable to Lok SabhaLeadership-Art of steering the organization / group towards his vision, and bringing the best out of the team!! Democratic consensus based leadership is the norm of the day. (No danda, eg, dam is build, you as DM build consensus for dam)Motivation!!!-Manager ensuring the client deliverable is given on time while ensuring team’s individual devp.- Led a team of 500+ to execute a 4 day cultural event. INSV Tarini led by Vartika GuptaPM talking about corruptions!!PM on Chandrayaan failure motivating for future. Rahul Gandhi resignation- responsibility of team’s failureA leader is who knows the way, goes the way and shows the way!! John MaxwellGandhi NCMTrustworthinessFirm belief in ability, character, and reliability of someone is trust. Someone who can be trusted by virtue of the mentioned qualities is trustworthyFrugalityJudicious and wise use of resourcesCost reduction case- maximizing profits. Frugality drives efficiencyISRO chandrayaan- cheapest missionJeff Bezos- Amazon CEO- “ I think frugality drives innovation” Courage of conviction To have the confidence to act and behave in accordance with one’s beliefs or ideologies especially in face of resistance, criticismAmbition Strong desire to achieve successAmbition+ Dedication +PerseveranceA man is not poor without rupee, but a man is really poor without a dream and ambition- Swami VivekanandDiscipline Action or inaction regulated in accordance to system of governance PerseverancePersistence in efforts despite difficulty or delays in achieving success. Jack Ma- Rejected multiple times, not hired as a KFC executive but he persevered. Today he’s CEO of Alibaba worth $500 BnThomas Edison failed 10k times before he invented light bulb“The greatest glory of living lies not in never falling but in rising every time we fall” – Nelson MandelaCourage/Fortitude Strength in face of crisis and adversityEg. IAS officer Durga Shakti Nagpal showed utmost courage in her fight against Sand Mafia even when her family’s was targeted. Yousuf MalalaBrilliant thinking is rare but courage is in even shorter supply than genius- PayPal cou-founderAttitude v/s Aptitude 1. Belief, emotion, behavior toward an object v/s Aptitude is capability to accomplish a task2. Attitude is to do with character while aptitude is to do with competence.3. Character is a product of long term conditioning and hence relatively difficult to change while aptitude can be 4. eg. Doctor kidney racket, CA being unethical“If you are offered a seat on a rocket ship, don’t ask what seat! Just get on.”- Sheryl SandbergLeadership in civil services Choosing leaders (UPSC can think of increasing weightage)Group discussions to understand the behavior in team settings Stress situation reaction eg. making a candidate wait, repeat themselves, explain themselvesHoning leadership Training on leadership by key activities should form the basic element of trainingsReducing age as proposed by some ex-civil servants like Anil Swaroop can also be considered. Emotional intelligence-concepts, and their utilities and application in administration and governanceEmotional Intelligence is ability to monitor one’s own and other people’s emotions, to discriminate between different types and use the emotional information to guide thinking and behavior. High EI people demonstrate (Golman model of EI)Self- awareness Self-regulationIntrinsic Motivation EmpathySocial skillsEQ vs IQ Measure of emotional understanding v/s intelligence Social skills v/s Tactical skills More convincing v/s more logical Role of EI in administration and governanceUsing Golman model to define components of EI:-Self-awareness Know their feelings and can preempt their behavior in possible situation and hence can regulate optimally They also understand their strengths and weaknesses and hence can work more effectively Self-regulation Improve their behavior (verbal, working relations, physical) with others which maximizes their output It includes staying calm which enhances rational decision making and prevents impulsive and rash decisionsIntrinsic motivationDeliver their best and hence achieve better resultsInspire other and become a role modelMore hopeful and optimisticCapability to drive enthusiasm in their teamsEmpathyCan understand the mind-set of others better and hence can get work done more easilyBetter team players Emotional bonding with people which works better than authority Social skills (verbal/non-verbal communication)Crisp and precise expression is key to communicate effectively Knows the words and tonality to be used as per situations, i.e when to be firm and when to be accommodating"The key to transforming our hearts and minds is to have an understanding of how our thoughts and emotions work."- Dalai LamaPublic/Civil service values and Ethics in Public administration: Status and problems; ethical concerns and dilemmas in government and private institutions; laws, rules, regulations and conscience as sources of ethical guidance; accountability and ethical governance; strengthening of ethical and moral values in governance; ethical issues in international relations and funding; corporate governance.Public Administration refers to the branch of government that deals with day to day executive work and policy implementation. Code of conduct are set of codified rules to guide behavior under certain situations of public life. Central Civil Servants Conduct Rules 1964- While it contains some norms like integrity and devotion to duty but it is mostly directed towards elaborating decision making process under various situations in public life.Don’t accept gifts and if you feel it’s of high value, then report to treasuryProhibition on accepting and demanding dowryProhibition on sexual harassment of women employeesProhibition on employing below 14 years age childrenPublic/Civil service ethics refer to the principles and standards of right conduct in the administration wing of government. Nolan Committee 1995- AHILOOSPublic service values-/Public Services bill 2006 (ACDEFG MOP) 2nd ARCAccountability and transparency- covered!Allegiance to constitution (and its core values) and lawDevotion to dutyEmpathyFrugality (Avoiding wastage of resources)Good governance-Meritocracy as fundamental criteria for employment Objective and impartial- Covered!Political neutralityImportance of ethics in public administration:Ethical conduct provide social legitimacy to legal powers of public servantsIncrease efficiency of administration as ethical principles ensure that focus of public work is public gains and not private gainsIncrease predictability of system Increase people’s trust in system as system is just and fair.Status and problems of ethics; Issues- (ABCDN3)Abuse and excess of administrative authority- Special Police officer in Kathua case destroyed evidence!Bribery- eg. recent NPCC officers arrest (~order of Crores)Corruption-India stands at 78th rank globally in Corruption Perception Index.Jeopardizing data- Using wrong data for policy or using govt. data for personal gains (eg. tender quotes)Negligence- eg. Mumbai overbridge collapse even after civil engineer safety audit.Nepotism- eg. Dynastical politicsNexus of politicians and corporates - eg. 2G/Coal scam highlighted the scale of issueLack of a codified ethical rulebook- renders following matter ambiguousConflict of ethics Conflict of interestPunishment in case of breach of ethicsWay forward- Legal measuresCodifying an ethical code which is legally bindingProviding sanctions and punishments for violation Setting up an office of Ethical commissioner similar to USA to give direction and lead the audits like (financial, vigilance audits in govt)HR processes overhaulEthics to be tested more effectively beyond a written paper while recruitment- eg. situational questions etc. Training and development of ethics codeIntegrate ethical performance in ACR and enforcing disciplinary procedure against defaultersComplaint managementStrong whistle blower protection act Internal and external grievance redressal As 2nd ARC report on Ethics and governance observes- “The crux of ethical behavior does not lie in bold words but in their adoption in action, in sanction against violations… and in promoting a culture of integrity”Ethical Dilemmas-A situation which involves choosing between alternatives none of which is unambiguously right or wrong Conflict of EthicsExplain the process of value to morality to ethics to law Values/ Preferences-> Individual morality-> Group ethics -> Codified in lawConflict 1- Personal v/s professional Medical- No intentional harm v/s EuthanasiaLaw ethics- No man to be punished unheard- Kasab, Rape victims also given advocates by stateConflict 2- Personal (Social) v/s legal Eg. Sabrimala temple priestEg. Homosexuality is legal but someone a large section of society still against Conflict 3- Professional right v/s right How to resolve a dilemmaIdentifying the stakeholders and key dilemmas involved Establish facts and separate them from cognitive biasesEstablish the various possible options Then consider the impact of choices on stakeholders and see what ethical value are at stake. Prioritize legal and professional ethics over personal ethics. If one is not able to prioritize legal over personal ethics, then instead of adventurism one should ideally resign.Choose a balanced choice with least negative impact and address the negatives.Ethical concerns in private institutionsGeneral/ EmployersRelations with auditing/rating firms (eg. IL&FS bonds rating by CRAs)Bribes to govt. officialsConflict of interest- Family business (appointment of board of director eg. Tata-Mistry fall out)Cartelization and hoarding activitiesBusiness performance indicator manipulation (eg. Satyam-PWC scam)Unfair termination of contractsEmployeesBreach of data confidentialityInsider trading Harassment of sub-ordinates- Verbal/ Sexual Misuse of companies resources- stationary, telephoneUsing business benefits like travel, food benefits for non-work purposesTaking credit for someone else’s work or underpinning your failures on others3rd party service providerSharing clients data with others Unethical benefit to client (eg. better rating on bonds by CRAs)Conflict of interestConflict of interest arise when official duties, public interest, private interest are taking priority one over other.Issues with conflict of interestAffects objective decision making Reduces public trust and probity in governanceActual CoI- When there already is personal, public, professional interestPublic sector- Judge adjudicating his own case (personal v/s professional)Coal minister pushing for a mining lease on tribal land (professional v/s public interest, it might also have personal interest involved)Private sector- If there is a proof that a close family member invested in a particular stock for which employee had insider informationPotential CoI- A conflict that may arise later in service or after retirementPublic sectorEx-civil servant joining a construction company that regularly bids for government tender (public v/s professional duty)Government construction of dam potentially can harm local if not rehabilitated properly (public interest v/s public interest)Private sectorInsider information on a company’s deal that would increase its share priceInterview panel for CEO has family members (eg. Ratan Tata v/s Cyrus Mistry spat)Possible solutions Cooling off period Mandatory permission prior to private sector employment Public listing of such appointmentsEthical concerns in govt. institutions- covered above. Laws, rules, regulations as sources of ethical guidance; Law is an external influencer of ethical behavior Laws are set of standards that society or collective nation expects its citizens to comply with and have been codified by an authority. These are enforceable and justifiable.Regulations and rules are an extension or details of law. They can be enacted by a private authority in their area of influence.Public ethics How law helpAccountabilityLaw’s such as Prevention of Corruption Act, Prevention of Whistle blower increases civil servant accountabilitySystem of elections as enshrined in constitution HonestyIntegrityThese are protected by rules such as central service (conduct rules) 1968Leadership-Law can possibly make a person achieve a leadership position but leadership has to be learnt and practiced. Objectivity-Laws based on rational ideals guide rational behavior- Laws which are not rational are changed eg. Sec 377Openness-Open data policy - Selflessness DPSP directs state (and hence executive wing as well) to act for welfare of people.Conscience as source of ethical guidance; Conscience is a cognitive process that defines person’s moral sense of right and wrong. It act as an internal guide to ethical (or unethical) behaviorValues such as empathy, selflessness, and service attitude can’t be enforced by law and can only be adopted by impacting conscience of an individual. Crisis of conscience refers to the situation when someone is worried due to an act committed/or expected to committed which goes against the inner moral sense. Law v/s Conscience“I…invite and cheerfully submit to the highest penalty that can be inflicted upon me for what in law is a deliberate crime, and what appears to me to be the highest duty of a citizen” (Gandhi: NCM trial 1922)Course of action to resolve the conflictTry to harmonize both- eg. provide interim relief to victim while attempting to change law, getting an order passed.Resignation if law and conscience can’t go together. Accountability and ethical governance- Covered under Governance! (SMART governance)Strengthening of ethical and moral values in governance- Covered above!Ethical issues in international relationsIssuesEthical issueSolution TerrorismViolencePromoting love and inclusiveness in world. Strong resolve of all state actors to work against terrorist and removing safe havens (eg. Pakistan as per UNHRC report)Climate change-Greed and overexploitation - Indifference and Selfishness (small island and poor states)-Inter-generational disparityThe world has enough for everyone’s need but not for everyone’s greed- Gandhi Forums like UNFCCC should abide by common but differentiated responsibility principle. PovertyInequalityDevelopmental aids Financial instability(US- sanctions on Iran)Injustice GreedIMF, War and armed conflict(Taliban conflict in Afghanistan, Violence Human rights violationSCO, GATF etc. Drugs and Human trafficking Harassment, Inhuman Torture, ViolenceIllegal immigrants Ethical issues in international funding:- As per ILO, trafficking trade nets 150 Bn annually and is generally offshore to evade local regulations and scrutiny. It involves gross violation of human rightsTax evasions which is against law- hence both illegal and unethical- it also creates socio-economic issues as govt. resources for funding reducesCountries like China has been blamed for promoting neo-colonialism which effect a country’s freedom, sovereignty in garb of financial aid.Terror financing by state as well as non-state actors eg. UNHRC report has highlighted Pakistan role in terror financing which causes violenceClimate change- Paris agreement envisaged ~100Bn $ annual contribution but developed nations are not fulfilling their responsibility as climate change happens mostly due to emissions of developed country but developing countries suffer the most.Drug trade create many socio-economic challenges for countries.Political funding- CIA- ItalyEncourage cessation flames: eg.Foreign funding from certain nations are encouraging Khalistan Movement in India.Kautilya in?Arthashastra?argues that "The best strategy to crumble an enemy revolt is to cut off its funding."Corporate governanceCorporate governance refers to the set of laws, rules and processes that regulate the way business is conducted.Key characteristics/pillars of CG (PALE CRET)Accountability to shareholdersCompliance with legal standards (economic, environmental, labor laws etc.)Efficient and effective Participation in decision makingResponsive and adaptiveTransparent operationsImportance of CGHelps company balance its economic and social goals Enable corporations to earn profits ethically and legallyProtection of stakeholder interests Good governance increases market confidence and hence increase private investmentKey rules KM Birla Committee (1999)- SEBI Clause 49 in listing agreementAccountability of Board of Directors Financial disclosure to audit committeesAnnual compliance certificate (Corporate governance)Companies Act 2013 Sec 292ANational Financial Reporting AuthoritySerious Fraud Investigation Office (SFIO)Investor education and protection Corporate social responsibility Leaders ideas Gandhiji called industries trustee of the societyKautilya said that state enterprises should also achieve the goal of public welfare Probity in Governance: Concept of public service; Philosophical basis of governance and probity; Information sharing and transparency in government, Right to Information, Codes of Ethics, Codes of Conduct, Citizen’s Charters, Work culture, Quality of service delivery, Utilization of public funds, challenges of corruption.Probity?means having strong moral standards for honesty, integrity and values and following them. It is usually regarded as being incorruptible. Concept of public serviceChallenges of corruption.“The world will not be destroyed by those who do evil but by those who watch them without doing anything”- Albert EinsteinPhilosophical basis of governance and probity;- TBDInformation sharing and transparency in government, Right to Information- covered in governanceCodes of Ethics v/s Codes of Conduct- covered aboveEthical code are moral guidelines to bring about acceptable behavior, not enforceable, Code of conduct are properly codified rules for day-to-day conduct of work of officials, properly enforceableCitizen’s Charters and Quality of service delivery- Covered in governanceWork culture- Combination of qualities (vices) in an organization and its employees that arise from what is generally regarded as appropriate ways to think and behave.Promotes sense of identity Utilization of public fundsKey componentsEfficiency – timely, % utilizationManner- Maximum output Output and outcome from fund use- (eg. toilets constructed but no one is using)Sources of funds- Govt. (Consolidated, Contingency, Public), NGOs, Local incomeAuditing Key problems Untimely release of fund (eg. deaths in hospital due to late release of funds for oxygen masks)Funds are not distributed in the right head (eg. money needed for furniture but money released only for classroom construction)March rush Internal audit within the govt. is inadequate Ministries not serious about misuse of fundsLow focus on input to output ratioGandhi’s seven sins: Politics without principlesWealth without work Pleasure without conscienceKnowledge without character Commerce without morality Science without Humanity Worship without sacrificeWhile answering- Use lawUse rules Use quotesAddress peripheral issues along with core issues as well!Few topics to think uponStem cell/ gene editing 0nly 1.5% MPs in LS are between 25-30 and 4.5 % between 30-35Ethics argumentLaws and Rights Constitutional values- sovereign, secular, socialist, democratic/ Justice, equality, liberty, fraternityPublic service values- ABCD…Human values- truth, freedom, love, peace, forgivenessLarger impactSome harms but maximizing goods!!Vision and problem of the solutionCase studies- Political/senior pressure to do unethical Agree and adjustPro- No friction, smooth working, practical Against- Law violated, Values- non-partisanship, public trust; shortsightedLeak to media/vigilance department- Pro- May solve, act as potential deterrence, Against- Public service rules- secrecy, Value of public trust,; fair elections, Internal reformationPro-Values, Right by law, sustainable impactAgainst- Long timeCase study- Personal gain in face of acute needDo itPros- Solve the issue, govt. also benefitsIssues- corruption (PCA 1988), Values- integrity, public trust; Impact- Loss of credibility, Not do itPros- Right by law. Values- discipline, courage, public service, integrityIssues- Bacha kuchh kr lega, maa mr jaegi (a life without values is flower without fragranceCase study- conflicting demands of different section (eg. rain basera/locals, third gender begging and public interest)Let them protest Stop the basera/begging- Illegal, public interest, crime rate but social inequity/minority interests Shift the baseras- doesn’t solve the issue, no guarantee, shifting to other place, submission to public pressureCase study- Profit v/s sustainabilityFocus on profits- Shortsighted, long term intervention, unethical Focus on environment- sustainability of org, mgmt will side line environmentReport to higher authority, take steps, CSR and governmentCase Study- Serious crime- no ethical dilemma- eg. Rape FIR, investigation, sensitive questioning, medical examination, psychological supportCriminal Act – FIR is mandatory CrPC, IPC- Identity reveal not allowed, media regulation ................
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