“A mere compliance with law is not enough, the public servant also has to have a well-developed sensibility to ethical issues for effective discharge of duties” Do you agree? Explain with the help of two examples where (i) an act is ethically right, but not legally and (ii) an act is legally right, but not ethically.

Ethics
Ethics: Theory
2015
10 Marks

The statement highlights the crucial distinction between legality and ethics in public service. While adherence to the law is fundamental, possessing a strong ethical compass is equally vital for effective governance. This raises the complex interplay between what is legally permissible and what is morally right.

Ethical Act, Legally Prohibited

This theme explores situations where an action, though morally justifiable, might violate existing laws. Gandhi's Salt Satyagraha, rooted in the ethical principle of civil disobedience against unjust laws (as theorized by Thoreau), exemplifies this. It was illegal yet ethically justified as it challenged exploitative colonial rule.

  • Civil Disobedience: Breaking a law perceived as unjust to uphold a higher moral principle.
    • Example: Rosa Parks' refusal to give up her seat on a bus, defying segregation laws in Montgomery, Alabama, sparked the Civil Rights Movement.
  • Whistleblowing: Exposing wrongdoing within an organization, even if protected by non-disclosure agreements.
    • Example: Edward Snowden leaking classified information about NSA surveillance, prioritizing public transparency over legal obligations.
  • Aiding Refugees: Providing sanctuary to refugees facing persecution, even if it violates immigration laws.
    • Example: German citizens sheltering Jewish people during the Holocaust, despite it being illegal under Nazi regime.

Legally Permissible, Ethically Questionable

This theme examines instances where actions, though legally sanctioned, raise ethical concerns. The Bhopal Gas Tragedy, though legally settled, remains ethically contentious due to inadequate corporate accountability and compensation (linking to Aristotle's virtue ethics).

  • Exploiting Legal Loopholes: Maximizing profits by utilizing legal loopholes that harm vulnerable populations.
    • Example: Pharmaceutical companies drastically increasing drug prices within legal bounds, impacting affordability and access to essential medicines.
  • Environmental Degradation: Legally permitted industrial activities causing environmental damage, violating intergenerational equity.
    • Example: The clearing of the Amazon rainforest for agriculture, legally sanctioned in some areas, yet contributing to deforestation and climate change.
  • Discriminatory Practices: Implementing policies that, while legally permissible, perpetuate social inequalities.
    • Example: Redlining practices in the US, historically legal, denied services to residents of certain neighborhoods based on race.

Ethical awareness complements legal compliance, ensuring just and equitable governance. Public servants must cultivate ethical reasoning, balancing legal obligations with moral considerations to serve the public good effectively, upholding the spirit of the Indian Constitution's preamble.

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