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Day 5 – Q 1. Do you think morality can always be upheld by a public servant? What if moral behavior is inconsistent with the law? Comment. 

  • IASbaba
  • February 4, 2022
  • 0
Ethics Theory, GS 4, TLP-UPSC Mains Answer Writing
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1. Do you think morality can always be upheld by a public servant? What if moral behavior is inconsistent with the law? Comment. 

क्या आपको लगता है कि नैतिकता हमेशा एक लोक सेवक द्वारा कायम रखी जा सकती है? क्या होगा यदि नैतिक व्यवहार कानून के साथ असंगत है? टिप्पणी करें।

Approach-

Candidates need to write about the morality and it’s interrelation with laws. Explain how difficult is to uphold the morality and how morality can be inconsistent with law. Conclude with how morality can be developed with changing behaviour and enriching moral conscious. 

Introduction

Morality stems from individual’s conscience and values of a society, therefore, what morality means to one, may not be to other. Whereas, laws are the rules and regulations which has sanction of the state and enforceability on its back. Law of the land is regulations where an individual has to submit himself to the will of the state or society.

Body

Upholding morality always by public servants:

  • Moral resilience in public service is often tested due to prevailing work culture, political interference. It is difficult to keep up the strong moral values of love and compassion. 
  • Shift from moral values impacts the administration process and Welfarism of the most deprived section of society. 
  • Truthfulness is very much important as it is directly related to a person’s moral character. Many times public servant is corrupt he is not being truthful to himself so his integrity comes under question which is a moral trait.
  • Public servant had to defend violence behaviour and insanity by armed forces police in the larger public national interest but it may be against the moral character of officer.
  • For example Suppose DM of tribal area planning to build a road through jungle and that’s the only option available. Its above moral attitude against tribal people sentiment but at the same time knows roads significance pursue to displace the tribes. 
  • At such times it is necessary for public servant to uphold there moral values to work in true public interest. Ethics and morality should come from the soul, only then our society will emerge as a powerful entity.

Moral behaviour inconsistent with the law:

  • Various laws have been made to curb the evil of immorality but their weak enforcement has acted as a hindrance in it for example Prevention of Corruption Act, 1988, code of conduct rules, Lokpal. 
  • However, laws deal with only external affairs of humans while morality deals with both external and internal affairs. Hence Laws cannot be used to regulate internal affairs of man even when they are immoral e.g. immoral acts like rude attitudes of people towards others, selfishness, telling lie etc. Are not regulated by law.
  • Individual behaviour can’t be controlled every time. There are situations where we have stringent laws but still, we observe a lack of morality in many parts of life and area. 

Where there are laws but still society lacks morality:

  • We have well-defined tax laws, but there are less compliance and tax avoidance by using lope holes in tax laws, which is immoral.
  • There are harsh punishments for rape by laws, but every minute a girl is being raped in the world.
  • Similarly, we have laws for theft but it is happening every now and then. 
  • In spite of constitutional provisions, we still see cases of untouchability as the full moral conscience of the people has not been aroused in favour of such laws. 

Conclusion

The only check against the breach of morality is social condemnation or individual conscience. Moral actions are a matter of choice of inner conscience of the individual; laws are a matter of compulsion. Law cannot be made on each and every aspect of life. More than law behavioural change is the key to a moral society, as rightly said by BR Ambedkar, “No law can protect us if it’s not avowed by the moral conscience of the society at large”.

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