Mains Marathon

Approach :

• Begin with a brief explanation of what an ethical dilemma is.
• Discuss this in the context of competing values like transparency and confidentiality.
• Suggest resolution mechanisms.
• Conclude with a way forward.

Introduction:

An ethical dilemma arises when two or more moral values or principles are in conflict, making the right course of action difficult to determine. It is not a situation of moral vacuum but of value conflict, especially in governance, where values like transparency, confidentiality, public interest, and national security often intersect.

Body

Understanding Value Conflict

• Transparency: Central to democratic accountability, it ensures that the public has access to government actions and decisions.
• Confidentiality: Necessary to protect sensitive information related to national security, diplomacy, internal deliberations, or individual privacy.

Ethical Dilemma in Action

• Whistleblower vs. Official Secrets:
  • A public servant exposes corruption in a defense deal, invoking transparency and accountability.
  • However, the disclosure may involve classified documents, leading to breach of confidentiality under the Official Secrets Act.
    • The Rafale Deal controversy raised questions over transparency versus secrecy in defense matters.
• RTI and Personal Information:
  • The Right to Information Act (2005) empowers citizens to seek information from public authorities.
  • However, Section 8(1)(j) exempts personal information, thus protecting confidentiality and privacy.
    • Disclosure of public servants’ performance appraisals under RTI is often denied on confidentiality grounds.
• Internal Deliberations vs. Public Disclosure:
  • During policymaking, internal discussions are kept confidential to encourage free expression of opinions.
  • Premature disclosure might undermine the decision-making process, despite the public’s demand for transparency.

Resolution Mechanisms

• Doctrine of Proportionality: The harm of breaching one value (e.g., confidentiality) must be weighed against the gain of upholding another (e.g., transparency).
• Codes of Ethics & Legal Safeguards: Civil services and public institutions must follow frameworks like the Civil Services Conduct Rules, RTI guidelines, and the Whistleblower Protection Act, which help in navigating value conflicts.

Conclusion :

Decisions under ethical dilemma must be taken by evaluating context, intent, and public interest, aligning with Kantian ethics (duty-bound action) and Utilitarianism (greatest good). Navigating dilemmas requires ethical maturity, contextual understanding, and a balanced approach that upholds democratic values without compromising sensitive responsibilities.