Moral crisis in the forms of dilemmas/Value conflicts/conflict of interest:
A moral crisis is a situation where there is erosion or absence of morality in society or within a person. People fail to stand up to a situation, violating their moral standards. Such a crisis arises when we chose a lesser good in case of dilemma. A dilemma is a situation of conflict between two competent values. An outbreak of Covid -19 created many dilemmas; dilemmas in administration can be found in one of the three forms
Ethical dilemma:
An ethical dilemma is a situation of the clash between two or more equally competent values (both should be either positive or negative it is not possible between positive and negative).
When we face an ethical dilemma:
- Aesthetic questions: eg: do you like the colour blue? Do you like vanilla-flavoured ice cream? The answer is highly subjective.
- Scientific question: is the earth flat? Why ocean appears blue? The answer is highly objective.
- Ethical question: Should universal basic income be implemented? Here there are multiple criteria – Morality, conscience, social ethics, religious ethics, constitutional ethics, international ethics etc. Due to multiple criteria, there is a clash between values leading to an ethical dilemma.
An ethical dilemma is a situation in which one has to choose between two or more equally competent values.
Reasons/factors for dilemma in administration
- Different perspectives about right and wrong
- Ambiguity in laws, rules and procedures
- Traditional values vs modern values
- Different ideologies
- Uncertainty of consequences
- Alternatives are equally justifiable
- Conflict in consequences for different stakeholders
Various forms of ethical dilemma
Dilemmas are unavoidable, particularly in the organisation performing many fold tasks and winning the range of stakeholders. Instances of value conflict
- Merit vs justice(reservation)
- Centralisation vs decentralisation
- A public servant or Political servant
- Truth Vs loyalty
- Information sharing Vs confidentiality
- Means Vs End
- Law Vs Ethics
- Personal interest Vs Public interest
- Superior directives cs public good
- Secrecy vs Transparency
- Preferential treatment vs non-partisanship
- Honesty vs efficiency
- Rule vs flexibility
- Mitigating economic hardship of Vulnerable Vs Financial prudence
Conflict of interest:
A conflict of interest is a particular type of value conflict where a set of circumstances creates a risk that professional judgement or actions regarding a primary interest (public interest) will be unduly influenced by a secondary interest (personal gains). Eg – if the personal well-being of civil servants comes in conflict with public welfare there is a conflict of interest.
The presence of Conflict of interest is not wrong in itself but how a person resolves it can be ethical or unethical. Such a situation can create an appearance of impropriety even if it is not present.
Three forms of conflict of interest
- An actual conflict of interest: where an officer can be influenced by their private interest when doing their job.
- Perceived conflict of interest: when an officer is in a position to appear to be influenced by their interests when doing their job.
Eg – Justice Kurian Joseph went to attend the canonisation of Mother Teresa in Rome with an Indian delegation. The Italian authority organised dinner but Justice Joseph did not attend it as he was looking into the case of an Italian marine.
Indian High Commissioner to the United Kingdom Navtej Sarna walked out of a book launch event attended by Vijay Mallya to avoid any perceived conflict of interest.
Concept of All India Services where most candidates do not serve in their home state. A poorly managed perceived conflict of interest can be just as damaging as a poorly managed actual conflict of interest. Public sector officers must not only behave ethically but they must also be seen to behave ethically.
- A potential conflict of interest: when an officer is in a position where they may be influenced in the future, by their private interests when doing their job.
Steps for resolving Conflict of Interest/ethical dilemma (6Rs)
- : where details of the conflict of interest are declared and registered. (In low-risk situations this single strategy may be sufficient.)
- : where restrictions are placed on the officer’s involvement in the matter.
- : where a disinterested third party is used to oversee part or all of the process that deals with the matter.
- : where the officer chooses or is requested, to be removed completely from the matter.
- : where the officer relinquishes the private interest that is creating the conflict.
- : where the officer resigns from their position with the agency. (This strategy should be considered only if the conflict of interest cannot be resolved in any other workable way.)
- steps like interest waivers will reduce the financial hardship of small businesses. However, it will put an immense burden on the financial system of the nation.
Framework to resolve the ethical dilemma and conflict of interest
Recognising the ethical dilemma:
Ask two questions-
1. Does the decision involves choices between two rights or two wrongs
2. To what extent choosing one option over the other will impact the stakeholders?
Getting the facts:
1. What are the relevant facts in the case.
2. What are the options available for taking the ethical decision?
Schools of Philosophy/approaches to Resolving an ethical dilemma/Conflict of Interest
- Utilitarianism: Maximum good for the Maximum number of People but the problem with this is ignorance of the concerns of the minority.
- Rights-based approach: human has some inalienable rights but an issue in this approach is that such an ideal condition can never be achieved where all participants are in consensus, especially in a diverse society like India.
- Justice approach: Justice means giving each person what he/she deserves or his/her due. All revolutions/protests are based on the demand for justice but the problem with this is that the criterion for making a just decision can be different for different people. Naxalite argues that they are fighting for justice but they recruit illiterate poor people for fighting against a giant like govt. In his book ‘The Idea of Justice’, Amartya Sen gives an example – Take three kids and a flute. Anne says the flute should be given to her because she is the only one who knows how to play it. Bob says the flute should be handed to him as he is so poor, he has no toys to play with. Carla says the flute is hers because it is the fruit.
- Virtue approach: don’t be good because of external forces rather be moral from within. But the issue with this approach is that what is virtuous is very subjective and differs from person to person.
- Kantian categorical imperative
- Gandhi’s tiles
- Situational ethics
- Law as a Source of ethical guidance
