<br>

Ethics
PRELIMS + MAINS
11.1Ethical Perspectives on Bribery
Context: In a case that could significantly impact corruption cases lodged before 2018, the Supreme Court is set to decide whether
offering a bribe is punishable under the Prevention of Corruption Act, 1988 (PCA), even if the public official refuses the offer.
About the Case
Issue: The issue in this case is whether offering a bribe
(even if it is refused) is punishable under the PCA 1988,
ABOUT BRIBERY ONLYIAS
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both before and after the 2018 amendments.

o The case involves a person, who in 2016 offered a > Bribery involves giving, offering.
receiving. or soliciting something
Rs. 2 lakh bribe to a police officer in Orissa and was valuable to influence public or
subsequently charged under Section 12 of the PCA. legal duties.

Main legal argument: Whether the mere act of offering a » The Prevention of Corruption
Act, 1988 (henceforth referred to
bribe constitutes “abetment" under the PCA before the 2018 as PCA) came into force in 1988.
amendment.
Reasons Behind Bribery: KEY PROVISIONS UNDER
THE PREVENTION OF
To Access Basic Services: People face institutional cORRUPTION ACT (PCA),
inefficiencies or deliberate delays, forcing them to pay bribes 1988 -----------

to access essential services like healthcare, education, or Section 7: Penalizes 2018 PCA AMENDMENT
public officials accepting Pre-2018:
welfare benefits.
illegal gratification for Offeringa bribe wasn't
A 2020 survey by Transparency International revealed
performing or refraining explicitly punishable
that 39% of Indians reported paying bribes to access from duties. unless it led to abetment
public services, including healthcare and education. •
Section 11: Penalizes under Sections 7 or 11.
To Expedite Processes: Bureaucratic inefficiencies and red officials accepting Post-2018:
tape compel citizens to bribe officials to avoid prolonged valuable items linked to •
Criminalized offering a
delays in services like issuing licenses, registrations, or public functions without bribe as a standalone
approvals. adequate consideration. offense, even if the bribe
Section 12: Punishes the isnot accepted.
A 2024 survey by LocalCircles revealed that abetment of bribery •
Introduced "bribing a
approximately 66%o admitted to paying bribes to under Sections 7 and 11, public servant" as a
government officials in the past year to facilitate covering both successful distinct punishable
processes and avoid delays. and unsuccessful offense, closing prior legal
To Avoid Harassment: Individuals bribe to escape attempts. gaps.

harassment or undue obstacles created by officials, often

under threat of legal or administrative action.
A Transparency International survey (2020) revealed that 42% of Indians paid bribes to police officers to avoid fines or
arrest.
To Gain Undue Advantage: Individuals and businesses use bribes to secure unfair benefits, such as contracts, favorable
decisions, or approvals.
Judicial Views on Bribery
Kishor Khachand Wadhwani v. State of Maharashtra (2019): Bombay HC held offering a bribe wasn't an offence before 2018; the amendment
introduced the "offence of bribing a public servant," requiring a demand" under Section 7.
Ghanshyam Aggarwal v. State (2020): Madras HC ruled offering a bribe was already punishable under IPC Section 165A, replaced by PCA,
with the 2018 amendment clarifying it as a substantive offence.
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Ethics

In October 2024, CBI arrested five CGST officials in Mumbai for allegedly demanding a 50 lakh bribe to settle a tax
evasion case and prevent a businessman's arrest.
To Circumvent Regulations: Bribes are used to bypass legal or regulatory hurdles, often to secure illegal or unethical
advantages.
To Secure Employment: In competitivejob markets, individuals are forced to pay bribes to secure employment or promotions.
The Vyapam Scam (2013)involved bribery for government jobs and medical college admissions in Madhya Pradesh.
To Protect Livelihoods: Small business owners and farmers bribe to avoid disruptions caused by local authorities or
bureaucratic hurdles, ensuring continuity of their work.
Farmers have reported paying bribes to access subsidies or loans, fearing denial of support if they resist.
"Corruption comes from the never-ending greed. The fight for corruption-free ethical society will have to be fought against
this greed and replace it with 'what can I give' spirit". Dr. A.P.J. Abdul Kalam
Ethical Implications of Bribery
Undermines Integrity and Trust: Bribery erodes the integrity of public officials and institutions, leading to a loss of
trust among citizens. It compromises ethical governance and creates skepticism about the fairness of public administration.
The 2019 PDS Scam in Karnataka exposed oficials diverting food meant for the poor into black markets, eroding trust
in public welfare schemes.
Encourages Corruption: Bribery fosters systemic corruption by normalizing unethical practices and reducing accountability.
The Commonwealth Games Scam (2010) in India involved large-scale corruption, with bribes paid to officials and
contractors inflating costs for infrastructure projects.
Inequality and Unfair Practices: Bribery creates an unequal playing field, where those unable or unwilling to pay bribes
are at a disadvantage.
The 2018 Global Corruption Barometer revealed that 56% of Indians felt excluded from accessing services due to
bribery demands.
Erosion of Meritocracy: Decisions influenced by bribes undermine principles of meritocracy, leading to inefficiencies and
lack of competence in institutions.
a

o Recruitment scams, such as SSC paper leaks, replace meritorious candidates with those who pay bribes.
Hampers Development: Bribery diverts public funds from development projects and welfare schemes into private pockets.
The World Bank estimates that corruption costs developing countries $1.26 trillion annually, reducing resources for
critical projects.
Loss of Credibility: Bribery damages the credibility and
PHILOSOPHICAL PERSPECTIVES ON
reputation of public institutions, weakening citizens' trust in
governance. CORRUPTION OR BRIBERY
Moral Degradation: Bribery normalizes unethical behavior, UTILITARIAN PERSPECTIVE:
ONLYIAS

causing moral degradation in society and weakening personal Bribery is evaluated based on
and organizational values of accountability and honesty. its ability to maximize overall
happiness.
Harm to Vulnerable Groups: Bribery disproportionately
affects marginalized and vulnerable groups, limiting their DEONTOLOGICAL
access to basic services and opportunities. PERSPECTIVE:
Bribery is inherently wrong,
Rural families often pay bribes to access government regardless of
its consequences. SOCIAL CONTRACT
schemes like MGNREGA, defeating the purpose of THEORY:
empowering the poor. VIRTUE ETHICS: Bribery violates societal
Bribery corrupts personal agreements and erodes
Suggestions for Curbing Bribery
character and societal moral institutional trust.
Strengthen Whistleblower Protection: Implement robust values.
laws and mechanisms to protect individuals who report bribery KANTIAN ETHICS:
GANDHIAN PERSPECTIVE:
from retaliation. Bribery is unethical as it
Bribery breaches principles of
cannot be universally
Establish confidential reporting channels and provide truth and moral purity. accepted without chaos.
legal safeguards for whistleblowers.

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Promote Transparency in Processes: Simplify bureaucratic procedures and reduce discretionary powers to minimize
opportunities for bribery.
Digitize public services like property registration or welfare schemes to ensure accountability and transparency.
Encourage Ethical Leadership: Promote leaders who demonstrate integrity and discourage corrupt practices in organizations
and institutions.
o Incorporate ethical leadership training in public administration and corporate governance programs.
Strengthen Legal and Institutional Frameworks: Enforce stringent anti-corruption laws and ensure timely punishment
for offenders to deter bribery.
o Fast-track corruption cases and impose penalties that include confiscation of illicit gains.
Incorporate Ethics Education: Introduce ethics training in schools, colleges, and workplaces to foster a culture of honesty
and accountability.
o Include real-world scenarios and ethical dilemma workshops to equip individuals with decision-making skills.
Encourage Social Accountability: Empower communities to monitor public projects and report discrepancies through social
audits.
o Use platforms like Right to Information (RTI) for public participation in governance.
Conclusion: Bribery undermines trust, meritocracy, and ethical governance, perpetuating inequality and corruption. The Supreme
Court's pending decision on whether offering a bribe, even if refused, constitutes an offense under the pre-2018 PCA will clarify
ambiguities in corruption laws, shaping the legal framework and enforcement against bribery in India.
11.2 Ethical use of AI
Context: IndiaAI, an independent division under MeitY, seeks proposal for ethical AI use, deepfake detection & risk mitigation
frameworks.
ONLViAS
More on News:
The Reserve Bank of India (RBI) has recently announced Key Ethical Principles for
that it has constituteda committee to develop a Framework
for Responsible and Ethical Enablenment of Artificial AI DEVELOPMENT
Intelligence (FREE-AI) in the Financial Sector. (From NITI Aayog's Responsible Al Approach)
The committee will be headed by Dr.
Pushpak Ensuring Al systems perform safely
Bhattacharyya, who serves as a Professor in the in real-world conditions.

Department of Computer Science and Engineering at IIT

Bombay. RELIABILITY

Preventing
Mandates of the Committee: discrimination and EQUALITY PROMOTION
Reinforcing ethical
and positive
ensuring equitable
The committee will assess the current level of adoption access to Al benefits.
INCLUSIVITY.
OF HUMAN
VALUES societal norms.
of AI in financial services, both globally and in India.
The committee will also identify potential risks
associated with AI.
Safeguarding user PRIVACY Clearly defining
It will recommend an evaluation, mitigation, and
ACC
ACCOUNT
data and protecting AND
responsibility for A
SECURITY
against misuse.
monitoring framework outcomes.

About AI Ethics: TRANS

PARENCY

Definition: Al ethics is the multidisciplinary study of

Making Al systems understandable
moral principles applied to AI systems, focusing on and their decisions explainable.
maximizing AI's beneficial impact while minimizing
risks and adverse outcomes.
Increasing adoption of AI in governance, medicine, education, finance, and defense raises critical ethical issues.
Purpose of IndiaAI's proposal to call for ethical AI:
To advance the responsible adoption of AI by creating guardrails for ethical use under the Safe & Trusted AI pillar of the
IndiaAI Mission.
To promote transparency, accountability, fairness, and societal awareness in AI applications.

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Importance of AI Ethics
Ensuring Fairness and Reducing Bias: Al systems can inherit biases from training data, leading to discriminatory practices.
o A Capgemini survey revealed that 85% of organizations encountered ethical concerns in their Al implementations.
Safeguarding Privacy and Data Protection: AI relies on large datasets, raising concerns about misuse of personal
information.
o Recently, ANI sued OpenAI for unauthorized use of copyrighted news articles.
Promoting Transparency and Accountability: Transparent Al ensures public trust and helps assign responsibility for
decisions.
The "black box problem" in deep learning models makes Al decision-making opaque, hindering accountability.
Preventing Security Risks and Misuse: Adversarial attacks on AI systems can lead to catastrophic outcomes in critical
domains.
Al-enabled cyberattacks, such as deepfakes, are rising; e.g., the fake video of Ukrainian President Zelenskyy
surrendering during the Russia-Ukraine conflict.
Fostering Inclusive Growth: Ethical AIensures benefits reach all sections of society, avoiding digital divides.
Al solutions like NIRAMAI(early breast cancer detection) must address inclusivity to ensure adoption in rural areas.
The "AI for All" strategy by India aims to democratize AI benefits across underserved communities.
Building Public Trust in AI Systems: Ethical Al usage fosters trust, ensuring widespread adoption and acceptance.
o Ethical guidelines for facial recognition by Microsoft and Google improved user trust.

AI Ethics in Other Countries

Germany: The Institute for Ethics in Artificial Intelligence
Human-centric engineering and a focus on the cultural and social anchoring of rapid advances in Al, covering disciplines including philosophy,
ethics, sociology, and political science.
United States: The AI Now Institute
The social implications of AI, especially in the areas of: Rights and liberties, labour and automation, bias and inclusion, and safety and critical
infrastructure
United Kingdom: The Institute for Ethical AI & Machine Learning
The Institute aims to empower all from individuals to entire nations to develop AI, based on principles for responsible machine learning.
Belgium: AI4People
The social impacts ofAI, and the founding principles, policies, and practices upon which to build a 'good AI society'.
Challengesfor India in Ethical Use of AI
Data Privacy and Protection: India lacks a comprehensive data (INDIAN INITIATIVES NLvAs

protection law, making it dificult to regulate how Al systems collect

and use data. PROMOTING
The absence of strong privacy laws like the EU's GDPR raises ETHICAL AI
concerns about misuse of personal data by Al applications.
NITI AAYOG:
Bias and Discrimination in AI Models: Training datasets often reflect Introduced "Responsible
social, cultural, and systemic biases, leading to discriminatory AI Alfor Al" for inclusive Al in
healthcare, agriculture, and
decisions. education.
A NITI Aayog report highlights the need for inclusive datasets that
reflect India's linguistic and cultural diversity. PERSONAL DATA RESPONSIBLE AI FOR
Digital Divide: Unequal access to AI technologies and infrastructure PROTECTION ACT 2023: YOUTH PROGRAMME:

limits ethical and inclusive AI adoption in rural and underserved areas. Regulates Al systems to Launched by MeitY in 2022
ensure data privacy and to create Al ethicS awareness
Al applications like e-health solutions remain inaccessible to security. among school students.
marginalized communities due to lack of internet penetration.
Dual-Use Nature of Technology: The dual-use nature of Al poses Al PE CHARCHA: NATIONALAI PORTAL
(INDIAAI):
Panel discussions on Al,
challenges for India, enabling both beneficial applications (e.g., Government platform
organized by the National
healthcare, security) and harmful misuse (e.g., surveillance, eGovernance Division promoting Al awareness
deepfakes), requiring robust regulations, ethical oversight, and public (NeGD), MeitY. and ethical practices.

awareness.

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Current Affairs Ethics

Lack of AI Regulations and Standards: India lacks specific regulations to govern Al development and deployment, leaving
ethical concerns unaddressed.
The Bureau of Indian Standards (BIS) recently initiated work on Al standards, but progress is slow.
AIGovernance: India lacks a centralized regulatory framework to govern the ethical use ofAl across sectors. Overlapping
responsibilities between MeitY, NITI Aayog, and other bodies create ambiguities in Al governance.
A dedicated Al ethics and governance body, similar to Singapore's Model AI Governance Framework, has not yet been
established in India.
Use Surveillance: Al-powered surveillance systems risk violating privacy and civil liberties if misused.
of AI in

The deployment of facial recognition systems in public spaces has raised concerns about mass surveillance without
adequate oversight.
A 2021 report by Freedom House classified India as “partly free" in terms of digital rights, highlighting risks of AI

misuse.

|IndiaAI Mission and its significance:

IndiaAI Mission:
A national initiative aimed at positioning India as a global leader in Alby fostering innovation, developing robust infrastructure, and
promoting ethical Aluse.
Key pillars of IndiaAI Mission
IndiaAI Compute Capacity: Establishing scalable Al computing infrastructure with over l0,000 GPUs via public-private partnerships.
IndiaAI Innovation Centre (IAIC): Developing foundational AI models, including Large Multimodal Models (LMMs).
IndiaAI Datasets Platform: Enhancing access to high-quality public datasets for research and innovation.
IndiaAI FutureSkills Program: Expanding Al education through graduate/post-graduate programs and setting up Data and Al Labs across
cities and towns.
Way Forward for Ethical AI in India
Establish a Comprehensive Legal Framework: Implement robust laws for data protection, AI governance, and ethical
standards.
A law similar to the EUs GDPR can regulate data usage by Al systems.
Promote Indigenous AI Research and Development: Invest in Al research tailored to India's diverse needs and values.
o Encourage collaborations between government, academia, and industry to create inclusive and culturally sensitive
Al solutions.
Develop Ethical AI Standards: Establish Al standards through the Bureau of Indian Standards (BIS) or fairness,
transparency, and accountability.

Global Initiatives Promoting Ethical AI

OECD Principles on Artificial Intelligence
The Organisation for Economic Co-operation and Development (OECD) established principles for trustworthy AI.

Endorsed by 46 countries, these principles guide governments in creating ethical Al policies.

UNESC0's Recommendation on the Ethics of Artificial Intelligence
A global framework adopted by UNESCO in 2021 to ensure ethical AI use.
Focuses on inclusion, sustainability, privacy, and data protection.
GPAI(GIobal Partnership on Artificial Intelligence)
A
collaborative effort by 29 countries, including India, to advance ethical and inclusive AI.
Focuses on bias reduction, data governance, and ensuring AI benefits are shared equitably.
o Standards aligned with international frameworks like OECD principles can ensure ethical global collaboration.
Bridge the Digital Divide: Ensure equitable access to Al technologies across rural and underserved areas.
o Strengthen infrastructure like internet connectivity and AI literacy programs to reduce disparities in Al adoption.
Build Awareness and Ethical Capacity: Conduct public awareness campaigns and introduce Al ethics as part of educational
curricula.
Train stakeholders, including policymakers, developers, and the public, on ethical AI practices.
Establish a Regulatory Body for AI Oversight: Create an independent regulatory authority to oversee Al deployments
and enforce ethical practices.
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This body should monitor AI systems for compliance, assess risks, and address grievances.
Conclusion: AI offers incredible potential for progress and problem-solving, but without strong cthical guidelines, it risks
causing serious harm. Therefore, as AI development and deployment advance, adhering to ethical Al principles is crucial to
ensure this technology benefits all of humanity.

11.3 Ethics of Capital Punishment

Context: The CBI has filed an appeal before the Calcutta HC seeking
enhancement of life imprisonment to the death penalty for the convict in SUPREME COURT ON
the rape and murder of the doctor at the R.G. Kar Medical College and THE DEATH
Hospital.
Background of the Case: PENALTY
In August, 2024, female postgraduate trainee doctor was raped and w ONLYAS
BYPHYSICSs WALLAH

murdered at R.G. Kar Medical College and Hospital in Kolkata.

A male civic volunteer working for the Kolkata Police was arrested JAGMOHAN SINGH V. STATE OF UP (1973):
under suspicion of committing the crime. Dea constitutional under Article
21iFyis
if
through due legal procedure.
Recent Judgement About the Case:
The Kolkata sessions court has ruled the case as not being “rarest of RAJENDRA PRASAD V. STATE OF UP (1979):
rare". Justifiedif the crime poses a continuous,
The court has denied the death penalty to prime accused, despite public premeditated, and dangerous threat to public
security.
outcry and sentenced him for life imprisonment.
About Capital Punishment: BACHAN SINGH V. STATE OF PUNJAB (1980):

Capital punishment refers to the process of sentencing convicted Introduced the "rarest of rare" doctrine-death
penalty only when life imprisonment is unequivocally
offenders to death for the most serious crimes (capital crimes) and unsuitable.
carrying out that sentence.
MACHHI SINGH V. STATE OF PUNJAB (1983):
The specific offenses that determine if a crime is eligible for a death Clarified the "rarest of rare" criteria based on:
sentence are defined by Law (e.g. IPC/BNS, UAPA, TADA etc). Manner of the crime, Motive behind it, Victim's
personality and Societal impact
Some convicts who have been awarded the death penalty:
Ajmal Kasab (2012): For involvement in the 2008 Mumbai Terror
Attacks (26/11). ETHICAL
Afzal Guru (2013): He was involved in the 2001 Indian Parliament CONSIDERATIONS IN
Attack.
Yakub Memon (2015): Involvement in the 1993 Bombay Bombings.
AWARDING THE DEATH
QNLYIAS
Dhananjoy Chatterjee (2004): Murder the Basu family in Kolkata
of
PENALTY
in 1990. PHILOSOPHICAL DEBATE
Nirbhaya convicts (2020): Four convicts of the Delhi rape and murder Retribution vs. Reform: Should punishment
case in 2012.
focus on justice or rehabilitation?
Doctrine of “Rarest of the Rare": Moral Dilemma: Does the state have the
ethical right to take a life?
The doctrine of “rarest of the rare" emerged from the landmark judgment
in Bachan Singh vs. State of Punjab (1980). CONSIDERATION OF CIRCUMSTANCES
Key Highlights of the Doctrine: .
Offender's background, mental state, and
o The doctrine established that sentencing should consider not just the potential for reform.
crime but also the circumstances of the offender. •
Balancing accused's rights with justice for
It ensures that the punishment is proportionate to the crime. victims.

Subsequent Developments: JUDICIARY'S ETHICAL ROLE:

The rarest of the rare" doctrine has been further clarified in cases like •Ensure impartiality, due process, anduphold
Machhi Singh vs. State of Punjab (1983), which outlined aggravating constitutional morality.
and mitigating factors. Sentences must remain free from populist or
The courts have evolved the principle to avoid arbitrary or biased use political influence.
of the death penalty.

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Challenges in Maintaining Judicial Ethics

Public Opinion and Populism: In high-profile cases, public outrage or demands for harsh punishment can unduly influence
judicial decisions.
Political Interference: The judiciary, though independent, is occasionally pressured by political forces to deliver judgments
favorable to the ruling government or influential groups.
Media Trial and Sensationalism: Media coverage often creates a parallel trial outside the courtroom, putting undue pressure
on judges.
Ethical Dilemmas: Judges often face moral conflicts, such as balancing the need for justice with considerations of compassion
or mercy.
Lack of Uniform Sentencing Guidelines: India lacks a comprehensive, structured sentencing policy, leading to discrepancies
in punishment for similar crimes.
Arguments in Support of the Death Penalty
Justice for Victims: The death penalty is seen as fair retribution for those who commit the most heinous crimes, giving justice to the victims
and their families.
Forfeiture of the Right to Life: Individuals who commit murder forfeit their right to life, as they have taken someone else's life.
Arguments Against the Death Penalty
Disproportionate Punishment: When used for lesser crimes, the death penalty is deemed immoral as it is disproportionate to the harm caused.
Violation of Human Rights: Everyone has a right to life. Taking a person's life through the death penalty is seen as cruel, inhuman, and
degrading.

Way Forward for Addressing Capital Punishment and Judicial Ethies Issues:
Clear Legal Guidelines: Establish comprehensive legal frameworks for awarding the death penalty, ensuring that it is only
imposed in the rarest of rare" cases, as outlined in the Bachan Singh v. State of Punjab case.
Reducing Political Influence: Strengthen safeguards for judicial independence, ensuring that judges are not influenced by
political pressure, populism, or media trials.
o A judicial accountability law could be considered to prevent external interference.
Public Awareness and Education: Promote public understanding of judicial processes, ensuring that decisions are not
swayed by sensational media coverage or populist sentiments.
Training for Judges: Provide training programs forjudges on the ethical and practical challenges in sentencing, particularly
in complex cases involving capital punishment.
o Training should help judges understand the psychological and societal dimensions of crime and punishment.
Strengthening Accountability Mechanisms within the Judiciary:
Transparent Decision-Making: Mandating detailed reasoning for judgments to ensure fairness and build public trust.
Role of Higher Judiciary: Appellate courts should review and address inconsistencies in lower court sentencing,
promoting uniformity and adherence to ethical standards.
Considering the Abolition of the Death Penalty: The 262nd Law Commission of India report on death penalty has
recommended the abolition of death penalty for all offences except those related to terrorism.
Global Status of Capital Punishment:
The stance on capital punishment varies globally: countries like India, the U.S., and China retain it, while many countries, such as those in
the European Union, have abolished it.
More than 70% of the world's countries have abolished capital punishment in law or practice.
In 2023, the countries with the highest number of executions were China, Iran, Saudi Arabia, Somalia and the USA - in that order.

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Ethics
11.1Violence in Cinema: Balancing Freedom of Expression and Social Responsibility
Context: The Kerala High Court stressed that while violent content in media can have adverse effects, any action taken in
this regard must respect the fundamental right to free speech.
Background:
This ruling came during the consideration of petitions related to the K. Hema Committee report, which examined the
working conditions of women in the film industry.
It orally questioned the extent of State interference when the Kerala Women's Commission raised concerns about
increasing depictions of violence in films.
Violence In Cinema:
Violence in cinema serves multiple purposes, from enhancing drama and engaging audiences to reflecting real-world
conflicts etc.
It is often a core element in action and thriller genres, used for storytelling impact and character development.
Societal Impact of Cinematic Violence
Desensitization: Repeated exposure can reduce sensitivity to real-life violence.
Imitation of Violence: Some individuals, particularly children and teenagers, might imitate violent acts seen in films,
leading to real-world aggression.
o Example: Money Heist series reportedly inspired real-life attempted bank heists in a similar fashion.
Reinforcement of Harmful Stereotypes: Violence associated with specific groups can perpetuate biases.
Normalization of Violence: The glamorization of violence in cinema may shape public perception, leading to greater
tolerance for violent behavior.
Gendered Violence: Some films depict violence against women in a way that reinforces misogyny and toxic masculinity.
Fear and Anxiety: Graphic violence in movies, OTT (Over-The
Top) shows can induce fear, anxiety, or trauma, particularly inKEY JUDGMENTS ON
ONLYIAS
children and individuals with heightened emotional sensitivity. YSICs WALLAH

o Example: Horror films like The Conjuring can induce FILM

long-term fear and psychological distress, especially in CENSORSHIP &
children.
Ethical Dimensions Involved In Depictions of Cinematic FREE SPEECH
Violence: Bobby Art Int'l v. Om Pal
Singh Hoon (1996)
Freedom of Expression vs. Suppression of Creativity: The [Link] v. Uoi (1971) -
Realistic portrayal of
Article 19(1)(a) of the Indian Constitution guarantees freedom Cinema is an artistic societal issues cannot be
of speech and expression and Reasonable Restrictions (Article medium; pre-censorship censored just for being
19(2) allow limitations on grounds like public order and allowed but must be disturbing.
reasonable.
morality.
Justice for Rights
o Filmmakers argue that violence is a legitimate artistic tool, Foundation v. UOI(2018) -
Prakash Jha Productions Dismissed a petition seeking
essential for realism, storytelling, and restricting violent v. UOI (2011) – States
content can lead to suppression of creativity. stricter regulation of online
cannot ban films based on
streaming content, ruling that
anticipated protests;
Principle of Non-Maleficence Vs Filmmakers Autonomy: viewers have the choice to
protects free speech.
Filmmakers should ensure their work does not cause societal watch or avoid such content,
harm at the same time they should have the freedom to depict unlike in cinema.
violence as part of creative expression.
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Harm vs. Offense: The discourse should distinguish between genuine harm (inciting violence) and mere offense to subjective
sentiments.
Filmmakers' Social Responsibility Vs Creativity: Ethical storytelling requires contextual sensitivity, avoiding gratuitous
violence, acknowledging its influence, and ensuring diverse perspectives. However, Restrictions in the name of social
responsibility risk undermining creative integrity.
Challenges in Balancing Freedom of Expression and Censorship:
Defining Acceptable Limits: The subjective nature of offensive or harmful content makes it difficult to set universally
acceptable boundaries. What is offensive to one group may be considered artistic expression by another.
Risk of Moral Policing: Excessive censorship can lead to moral policing.
Ambiguity: Article 19(2) of the Constitution allows "reasonable restrictions," but the interpretation of "reasonable"
varies, leading to inconsistent censorship decisions.
Vested Motives: Governments or political groups may use censorship as a tool to suppress dissenting voices or promote
specific narratives.
Restriction In Creativity: Fear of legal trouble or backlash often forces filmmakers and writers to self-censor, limiting
creative freedom. It affects the ability of cinema to act as a medium for critique and reflection.
Globalization: With OTT platforms and online content, enforcing local censorship laws becomes harder. Audiences can
access uncensored versions of content globally, making strict regulation less effective.
Way Forward:
Principle of Proportionality: Restrictions on violence in cinema should be reasonable and serve a legitimate purpose, such
as protecting minors or preventing hate speech, rather than outright censorship.
There is a need to ensure that state interference in creative expression is minimal and only exercised when absolutely
necessary to prevent harm.
Responsible Creativity: Encouraging ethical decision-making among filmmakers and viewers alike.
Promote Inclusivity: Ensure that diverse voices, including women and marginalized groups, are represented in these
discussions to address systemic issues like gender-based violence.
Leverage Public Campaigns: Use social media, schools, and community programs to raise awareness about the effects
of glorified violence in media.
Uphold Constitutional Morality: Align legal frameworks with evolving societal values while safeguarding the fundamental
right to freedom of speech and expression.
Age-Based Rating Systems: Classifications (e.g., PG, R, A-rated) help shield children from harmful content while allowing
adult audiences access.
Conclusion: Ethical storytelling should be encouraged, not enforced through censorship. Public and constitutional morality
should guide regulations, but not dictate artistic expression.

11.2 Ethics in International Relations

Context: The recent talks between the US and Ukrainian presidents have drawn global attention, sparking questions about
whether this is the right approach for leaders to address a situation that continues to impact lives.
About Ethics in International Relations:
Ethics in international relations refers to the moral principles that guide the behavior of states and their leaders in the
global arena.
Leaders must balance national interests, strategic foresight, and ethical diplomacy.
The role of ethics becomes crucial in war, peace negotiations, and global diplomacy.
Key Ethical Principles in International Relations
Sovereignty and Non-Intervention: States should not intervene in the internal aflairs of other nations unless there is a clear
violation of human rights or a threat to global peace.
Human Rights: States and international organizations have a moral obligation to protect human rights, even if it conflicts
with national interests.

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Example: The Universal Declaration of Human Rights (1948) sets a global standard, but violations in conflicts like Syria
highlight the gap between principle and practice.
Justice and Fairness: International agreements and policies should aim for equitable outcomes, especially in trade, climate
change, and resource distribution.
Peace and Non-Violence: War should only be a last resort,
and even then, it must be conducted ethically, minimizing INDIA'S CONTRIBUTION TOETHICS IN
harm to civilians (jus in bello). INTERNATIONAL RELATIONS ias
o Example: The Iraq War (2003) is often criticized for
failing to meet the ethical criteria of a "just war." Non-Aligned Movement (NAM)
Global Cooperation and Solidarity: Nations should work & Peaceful Coexistence
together to address global challenges like climate change, India helped create the Non-Aligned Movement (NAM)
poverty, and pandemics. in 1961 to stay neutral and support peace.

Transparency and Accountability: Corruption, secrecy, and

lack of accountability undermine trust and ethical governance Panchsheel (1954) - Five
in international relations. Principles of Peaceful Coexistence
Equality of Nations: All nations, regardless of size or power, India introduced five key principles for fair and
should have equal voice and representation in international peaceful relations between countries.
forums.
o Example: The UN Security Council's veto power is
Vasudhaiva Kutumbakam -
often criticized for favoring powerful nations like the "World as One Family"
US, Russia, and China.
India believes the world is one family and promotes
Non-Discrimination: Nations and international actors
global cooperation.
should avoid discrimination based on race, religion, gender,
or nationality.

Ethical Issues in International Relations Article 51:

Human Rights Violations and Selective Intervention: Article 51 of the Indian Constitution (Directive
Nations and international organizations often apply human Principles of State Policy) directs the state to
rights norms selectively, intervening in some crises while Promote international peace and security.
ignoring others.
The US and EU sanctions on Russia (2022) for the No First Use (NFU) Doctrine:
Ukraine war but limited action against Saudi Arabia over
Yemen. India will not use nuclear weapons first and supports
disarmament.
As per the UNHCR, there were over 114 million
forcibly displaced people worldwide by 2023, many
due to human rights abuses.
War Ethics and Justification for Military Interventions: Ethical dilemmas arise in deciding when military intervention is
justified and whether civilian casualties can be deemed "collateral damage."
US invasion of Iraq (2003), justified on false claims of weapon of mass destruction (WMDs), raising ethical concerns.
According to Brown University's "Costs of War" project, post-9/11 wars by the US led to 4.5 million deaths due to
direct and indirect impacts.
Climate Change and Environmental Justice: Developed countries, historically responsible for the majority of greenhouse
gas emissions, have been reluctant to take full responsibility or provide sufficient aid to vulnerable nations.
Paris Climate Agreement (2015)-Developing nations demanded financial help under the Loss and Damage Fund,
but contributions remain inadequate.
China (30%) and the US (14%) account for nearly 44% of global CO: emissions, while Africa contributes only 4%,
yet faces disproportionate climate disasters.
Economic Exploitation and Unequal Trade Policies: Richer nations exploit weaker economies through unfair trade
agreements, debt traps, and resource extraction.

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IMF and World Bank structural adjustment programs (SAPs) have often led to economic hardships in African and
Latin American nations.
According to UNCTAD, Africa loses $88.6 billion annually due to illicit financial flows and unfair trade.
Refugee Crisis and Migration Policies: Nations have an ethical responsibility to provide asylum to displaced persons, but
policies often prioritize national security over humanitarian needs.
The UNHCR (2023) reports that over 117.3 million people were forcibly displaced worldwide, including 36.4 million
refugees, by the end of 2023..
Cyber Ethics and Digital Surveillance: Governments and corporations engage in mass surveillance, hacking, and
misinformation campaigns, raising ethical concerns.
Russian cyberattacksTargeted elections in the US and Europe, raising ethical concerns about foreign interference.
The World Economic Forum (2023) listed cyber threats among the top 10 global risks, with hacking incidents costing
the global economy over S6 trillion annually.
UN Effectiveness and Accountability: The UN and international institutions are often criticized for being biased, slow, or
ineffective in conflict resolution.
Failure to prevent genocides inaction in Rwanda (1994) and Myanmar (2017) led to mass atrocities.
UN

Over 90% of UN peacekeeping missions have been deployed in Africa and Asia, often criticized for being underfunded
and politically influenced.
Way Forward for Strengthening Ethies in International Relations
Strengthening International Legal Mechanisms: Enhance the enforcement power of the International Criminal Court
(ICC) and International Court of Justice (ICJ) to hold violators accountable.
Reform the UN Security Council veto system to prevent political bias in global conflict resolutions.
Promoting Ethical Diplomacy and Conflict
Resolution: Encourage peaceful negotiations over ROLE OF INTERNATIONAL
military interventions through mediation efforts by ORGANIZATIONS IN Mias
the UN and regional bodies.
o Strengthen the role of track-II diplomacy (non
INTERNATIONAL ETHICS
governmental conflict resolution) to promote UNITED NATIONS (UN) INTERNATIONAL COURT OF
JUSTICE (1CJ)
Promote
7 peace, security, and
ethical dialogue. Settles disputes between states
cooperation among nations. based on international law.
Ensuring Fair Global Economic Policies: Reform
institutions like the IMF and World Bank to prioritize INTERNATIONAL CRIMINAL
COURT (ICC)
WORLD TRADE
ORGANIZATION (WTO)
ethical lending and reduce economic exploitation. Prosecutes individuals for genocide, war Promotes tair trade practices and
crimes, and crimes against humanity resolves disputes between countries.
Promote fair trade agreements that benefit
developing nations and prevent debt traps. WORLD HEALTH INTERNATIONAL MONETARY
ORGANIZATION (WHO) FUND (IMF) AND WORLD BANK
Addressing Climate and Environmental Ethics: Coordinates global health policies Provides financial aid and development
and responses to pandemics. loans to struggling economies.
Ensure that developed countries fulfill their
commitments under the Paris Agreement and Loss
and Damage Fund for climate justice.
o Encourage ethical investment in renewable energy and sustainable development.
Strengthening Human Rights and Refugee Protections: Ensure the UN Human Rights Council takes unbiased action
against human rights violations.
Strengthen the global refugee protection framework by ensuring equitable responsibility-sharing among nations.
Encouraging Transparency and Accountability: Implement stricter regulations to prevent cyber warfare, misinformation,
and digital surveillance abuses.
o Promote independent watchdogs like NGOs and investigative journalism to expose global ethical violations.
Conclusion: Ethics in international relations is essential for promnoting peace, justice, and global cooperation. Strengthening
international institutions, promoting ethical diplomacy, and ensuring global accountability can help create a more fair, just, and
sustainable world order.

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10
PRELIMS + MAINS
Ethics

10.1 Changing Family Values

Context: The Supreme Court recently remarked that the notion of family in India seems to be eroding with society moving
towards a "one person, one family" model.
Background: ANCIENT INDIAN CONCEPTS
Samtola Devi (68) vs. Eldest Son Krishna FOR STRENGTHENING
Kumar -A property dispute in Sultanpur,
UP: Parents sought eviction of their son under FAMILY VALUES ONLYIAS
Dharma (Duty & Righteousness):

the Maintenance and Welfare of Parents and Defined family roles (Stri Dharma,
Grihastha Ashrama (Householder Putra Dharma) ensured harmony.
Senior Citizens Act, 2007. Stage):
Balanced material duties (artha)
Observations by the Supreme Court with spiritual growth (moksha).
Samskaras (Rites of Passage):
16 life rituals (e.g. Upanayana,
Erosion of Family Values: The court observed Vivaha) strengthened family
that the concept of family is eroding, with India Kula (Lineage & Ancestral
bonds.
Pride): Honored ancestry
shifting toward a "one person, one family" (gotra) through traditions like
Vasudhaiva Kutumbakam
model. shraddha (ancestor worship). (World as One Family):
o Despite the Indian philosophy of Promoted compassion and
Yajna (Collective Sacrifices): hospitality (Atithi Devo Bhava).
"Vasudhaiva Kutumbakam" (the world Festivals (Diwali, Raksha Bandhan)
is one family), unity within immediate fostered unity and gratitude.
families is declining.
No Legal Ground for Eviction:
Senior Citizens Act (2007) does not explicitly allow eviction.
Father had transferred property to daughters & son-in-law; thus, parents lost ownership rights.
Implied Right to Reside: Sons and daughters have an implied right to reside in their parental home unless legally evicted
or excluded.
Eviction cannot be ordered without clear legal grounds.
Maintenance vs. Eviction: Maintenance under Section 4/5 of the Senior Citizens Act is sufficient to protect elderly parents.
Eviction is considered an extreme step and should be a last resort.
What is Family?
Family as a Social Unit: A family is a social unit consisting of individuals
PWOnlylAS Byte mnn
The strength of a Nation derived from
bound by kinship ties (blood, marriage, or adoption) who live together,
cooperate economically, and nurture children. the integrity of its homes - Confucius
o Derived from Latin familia' (household establishment).
Murdock's Definition (1949): *A social group characterized by common residence, economic cooperation, and
reproduction.
It includes adults of both sexes, at least two of whom maintain a socially approved sexual relationship and one or more
children, owned or adopted, of the sexually cohabiting adults."
Changing Family Patterns in India:
Shift from Joint to Nuclear Families: Joint families dominated earlier, with multiple generations living together.
According to NFHS-5 data, the share of nuclear families in India is 58.2% in 2019-21. This brings autonomy but
increases elderly isolation.
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Weakening of Patriarchy: Traditional male-dominated families are declining as women gain education and jobs.
Laws like the Hindu Succession Act (1956) promote gender equality in property rights. Yet, rural areas still resist
change.
Rise of Love Marriages: Arranged marriages within caste/community are reducing, with more inter-caste unions.
Acceptance of New Family Structures: Single-parent, live-in, and LGBTQ+ families are increasing post-legal reforms.
o However, social acceptance lags, especially in conservative regions. Childless couples by choice are also growing in
urban areas.
Policy Influence on Families: Laws like the Senior Citizens Act (2007) ensure elderly care but weaken joint family values.
Causes of Erosion of Family Values
Urbanization and Migration: Shift from rural to FAMILY VALUES IN INDIA
urban areas for better livelihood opportunities.
ONLYAs
o Physical distance weakens emotional bonds FAMILY HONOR & REPUTATION RESPECT FOR ELDERS

and reduces interaction among extended Izzat (honor) shapes Reverence shown through
gestures like touching feet;
choices, evolving with seniority remains valued.
family members. younger generations.
Economic Independence and Autonomy:
JOINT FAMILY IDEALS
Increased financial independence has led to the RELIGIOUS &
CULTURAL RITUALS Despite nuclear
rise of nuclear families. family rise, emotional
Daily prayers & & financial support
Influence of Western Culture: Western ideals festivals remain uphold collectivist
central, adapting to traditions.
promoting individualism and privacy have modern lifestyles.
influenced Indian families. MARRIAGE AS A SACRED BOND
EDUCATION AS A PRIORITY
Lifelong commitment
Technological Disruption and Social Media: Families sacrificesuccess,
for valued; urban areas see
Overuse of digitaldevices reduces family bondingchildren's academnic rising acceptance of divorce
bridging rural-urban gaps. & love marriages.
time, leading to emotional detachment and lack of
communication among family members.
Changing Attitudes and Priorities: Increased focus on career and personal growth often leads to neglect of elderly parents.
Legal Framework and Changing Laws: Legal reforms like the Hindu Succession Act (2005) have empowered daughters
with equal property rights, contributing to changes in family dynamics.
o Senior Citizens Act, 2007 was enacted to safeguard the rights of elderly parents, indicating a decline in voluntary care
by children.
Consequences of Erosion of Family Values
Weakening of Social Fabric: Decline in family values leads to a lack of empathy and social bonding. Weakening of
traditional support systems increases alienation and societal fragmentation.
Increased Mental Health Issues: Lack of family support results in loneliness, depression, and anxiety. Children and elderly
members face neglect, impacting their emotional well-being.
Rise in Old-Age Homes and Elderly Abuse: Erosion of respect and care for elders leads to abandonment and neglect.
Financial and emotional exploitation of senior citizens is becoming a growing concern.
Reduced Crisis Management Capacity: Joint families traditionally provided financial and emotional support during crises.
Nuclear families lack these safety nets, making individuals vulnerable to emergencies.
Fragility of Marital Bonds: Declining commitment to family values increases divorce rates. Lack of compromise and
support systems weakens marital stability.
Decline in Ethical and Moral Values: Shift towards individualistic and materialistic pursuits erodes ethical values. Dishonesty,
lack of compassion, and selfishness become more prevalent.
Weakening of Cultural and Traditional Practices: Family rituals, traditions, and festivals are neglected. Younger generations
lose connection with their roots and heritage.
Poor Emotional Development in Children: Children raised in unstable environments lack emotional resilience.
Absence of role models and guidance affects their psychological growth.

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Conclusion: Restoring family values is essential for maintaining India's social fabric. Balancing modernization with traditional
values can help preserve emotional bonds and promote collective well-being. Policy reforms, judicial interventions, and societal
awareness are key to addressing the challenges posed by the erosion of family values.

10.2 Ethics of Racism, Bias, and Discrimination

Context: Kerala Chief Secretary Sarada Muraleedharan's response to a disparaging remark on her skin tone reignited
discussions on deep-rooted colourism in India.
Her post highlights the deep-rooted societal bias against dark skin, especially faced by women across India.
About Colourism:
Colourism refers to discrimination or prejudice based on
skin tone. HISTORICAL ROOTS
o It typically involves biases against people with darker OF COLORISM
skin tones.
01 RONLYIAS
Colourism can be experienced both within communities Y PYSICS WALLAH

and across different racial or ethnic groups. CASTE & CLASS

COLONIAL
Reasons for the Prevalence of Colorism: SUBJUGATION REINFORCEMENT
Media Influence: Fair skin is portrayed as the ideal in films, European colonizers
In South Asia, Africa, and

ads, and popular culture, reinforcing societal preferences. imposeda racial >Latin America, fair skin
hierarchy where dark skin became associated with
Western Beauty Standards: Globalization has spread symbolized inferiority, elite status, while darker
Western ideals, favoring fair skin as a symbol of beauty and while light skin signified skin was tied to labor
power. and lower castes.
Success.

Economic Factors: The lucrative skin-lightening product 02

market reflects societal demand for fair skin, tied to better
opportunities.
Media and Matrimonial Ads: The preference for fair skin is pervasive in Indian cinema and matrimonial advertisements,
reinforcing beauty as linked to fairness.
Caste and Regional Dynamics: In some cultures, lighter skin is linked to higher caste status, deepening color-based
discrimination.
Psychological Conditioning: Internalized colorism leads to self-esteem issues and societal pressures to conform to lighter
skin standards.
Historical Narratives: Literature and art have long idealized fair skin, reinforcing the bias against darker tones.
Consequences of Colorism:
Low Self-Esteem: Dark-skinned individuals may suffer from poor body image and self-worth due to societal preference
for lighter skin.
Mental Health Issues: Feelings of inferiority, anxiety, and depression can arise from enduring color-based discrimination.
Generational Cycles of Trauma: Parents who face colorism may unconsciously pass biases to children.
o Example: A mother discouraging her daughter from playing outside to avoid tanning.
Marginalization: Darker-skinned people often face social exclusion and are treated as inferior in various aspects of life,
such as in relationships, social status, and work environments.
Example: A study in the United States has found that dark-skinned Black men are more likely to be wrongfully
convicted.
Market Exploitation: The skin-lightening product industry, worth billions, thrives on colorist ideals, perpetuating the
notion that fair skin is more valuable.
Unequal Access to Resources: The preference for lighter skin in marriage markets and professional settings often means
darker-skinned individuals face disadvantages, limiting their opportunities.
o Example: Studies show lighter-skinned people are more likely to be hired, promoted, and paid higher salaries.

Normalization of Bias: The constant portrayal of fair skin as the standard of beauty shapes societal norms and perpetuates
bias.

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Example: Media often portrays fair-skinned individuals in lead roles, while darker-skinned individuals are
marginalized or cast in negative roles.
Intersection with Caste: In countries like India, colorism is often intertwined with caste discrimination, where lighter skin
is associated with higher social status and caste, deepening societal divides.
Way Forward For Combating Colorism: WHY COLORISM
Education & Awareness: Integrating lessons on diversity and inclusion in schools can help PERSISTS TODAY
young people recognize and challenge biases early. MEDIA STEREOTYPES
o Example: Adding a chapter on colorism to school curricula (e.g., teaching its ties to Fair skin = beauty, success in
films, ads & pop culture
slavery, caste, and colonialism).
GLOBAL BEAUTY NORMS
Training teachers to recognize and address colorist bullying. Western ideals spread through
globalization, favoring fair skin

Introduce books/toys featuring dark-skinned protagonists. ECONOMIC INCENTIVES

Booming skin-lightening market
Media Representation: Diverse representation in films, advertisements, and fashion helps reflects social blas

challenge conventional beauty standards. MATRIMONIAL BIAS

Fair-skinned" preferred in
Empowerment: Social media movements #DarkIsBeautiful (India), #BlacklsBeautiful cinema marriage ads &

(global), #UnfairAndLovely (Pakistan/US) encourages people to embrace their natural skin CASTE & REGION LINKS
tone and share stories of empowerment. Lighter skin often tied
higher caste or status
to

Push for Workplace Equity: Example: There a need to advocate for blind hiring INTERNALIZED BIAS
practices, where candidates are evaluated based on skills and qualifications, not physical Colorism affects self-esteem
encourages conformity
appearance, to reduce bias and promote diversity.
HISTORICAL ROOTS
Cultural Change: Encouraging society to rethink traditional beauty standards can shift literati Bart alorified fairness

perceptions about skin tone.

Example: Dark Is Beautiful is an advocacy campaign that exists to fight against colourism and help people regain their
self-worth through workshops and events. challenge the narrative that fair skin is the ideal.
Conclusion: The embrace of "black identity' challenges entrenched beauty standards and aligns with global movements, urging
a shift from colorism to a celebration of diversity. This act of resistance promotes a broader societal change towards equality and
inclusivity.

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PRELIMS + MAINS
11.1 Introduction of Sexual Equality Concept in School Curriculum
Context: The Supreme Court in a recent order has asked the Union Government to introduce the concept of Sexual Equality,
Moral and Ethical training, Etiquette as a part of school syllabus.
Supreme Court Order:
A module on Sex Education; Sexual Equality and Moral and Ethical training, Etiquette should be inculcated in schools
at a very early age for children.
The court ordered the government to place on record any measures taken by it so far to include the concept of sexual
equality in school syllabus.
Case Study: Kerala's New Gender-Neutral Curriculum
Education Department of Kerala along with the State Council of Educational Research and Training (SCERT) has introduced a Gender
Neutral Curriculum for government schools in Kerala.
The changes have been made possible through the revision of textbooks for students in classes 1, 3, 5, 7, and 9.
Aim: To cultivate gender sensitivity and inclusivity among school students and challenging patriarchal norms through curriculum revision.
The Framework: It ensures no gender discrimination in language, theme, content, names, and illustration in study material. Illustrations
should also ensure representation of diversity in terms of gender, caste, colour, and region.
About the Concept of Sexual/ Gender Equality:
Meaning: The concept of Sexual or Gender Equality necessitates equal valuing by society of the similarities and differences
within different genders and the roles they play.
Equal Access: It also mandates equal access to conditions, treatment and opportunities to realize their full potential,
human rights and dignity, and contribute and to benefit from economic, social, cultural and political development.
Equality means that women's and men's rights, responsibilities and opportunities will not depend on their
assigned gender at birth.
Components: The three components of the condition of gender equality are defined below,
Equitable Access and Use of Resources: In a gender equitable community, men and women are equally aware of the
available resources and have equal access; knowledge and opportunity to use them.
Examples: Resources might constitute health care services, education, employment opportunities, social services,
bank loans, etc.
o Equitable Participation: In a gender equitable community, there is an acceptance for shared decision making, shared
roles in personal relationships, household, community, and political arenas, and shared and free expression of ideas,
opinions, and needs.
• Example: Sharing of responsibility for family planning, preventing unintended pregnancy and sexually transmitted
infections.
Safety or Freedom from Violence: In a gender equitable community, society will be free from the presence or threat of
physical, sexual, or emotional violence, discrimination, harassment, domination, or [Link]: Women should
not have to fear any possibility of violence in public space and men would not have to fear being mocked or assaulted for
acting in ways traditionally deemed feminine.
Need for Gender Equality:
Empowers people: Gender equality will help people in breaking harmful stereotypes and to pursue one's aspiration
without any obstacle.
o Example: Stereotypes against bodily exposure prevents women from conservative societies to pursue a career in sports.
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Better Governance Decisions: Equal gender participation in public decision making allows for an inclusive, sensitive,
secular and participatory society with public policies and services reflecting the distinct needs and realities of men
and women of diverse backgrounds.
o Example: Legalising and mainstreaming KEY INTERNATIONAL EFFORTS FOR
RONLVIAs
LGBTQt community. GENDER EQUALITY
Reduce Gender based crimes:
UNIVERSAL DECLARATION
Predetermined and internalised gender OF HUMAN RIGHTS (1948)
roles for men and women is responsible (1948) Recognized gender equality as a
fundamental human right.
for crimes such as rapes, domestic violence,
honour killings, sexual harrassments etc. CONVENTION ON THE ELIMINATION
OF ALL FORMS OF DISCRIMINATION
A lesson in Gender equality will create (1979) AGAINST WOMEN (CEDAW, 1979)
a respectable; tolerant and inclusive Known as the "Bill of Rights for Women," this UN
treaty outlines measures to eliminate gender
society helping prevent violence against (2015)
based discrimination globally.
women and girls. SUSTAINABLE DEVELOPMENT
GOAL 5 (2015)
Strengthens Economies: Gender equality (2010) Aims to achieve gender equality by ending discrimination,
will remove the barriers for women to (8 MARCH)
eliminating violence, and ensuring equal participation in
leadership and decision-making.
access labour markets and unlock their UN WOMEN
talents strengthening economies. As ofnow, (2010) INTERNATIONAL WOMEN'S
global advocate for
A DAY (MARCH 8)
the womnen's labour force participation gender equality, focusing Originating from 20th-century labor movements in North
on economic
rate 48.5 % compared to a rate of 75% empowerment, political
America and Europe, it celebrates women's achievements
and raises awareness about gender challenges.
for men. participation, and ending
gender-based violence.
o Example: According to a McKinsey
Global Institute report, if women
were to play an identical role in labour markets to that of men, as much as $28 trillion, or 26%, could be added to
global annualGDP by 2025.A Healthy Society: Quality health care for women will impact their family's and broader
community's health as healthy women will lead to healthy children with better physical and cognitive development.
o Example: The global estimated risk of a woman dying from a maternity-related cause is one in 4,900
Reduces poverty: Gender inequality is both a major cause of and an effect of poverty and hunger and ensuring Gender
equality will help in eradicate poverty through social protection and public services.
o Example: UN Women estimates that 70% of the 1.3 billion people in poverty worldwide are women.
Realizes human rights: SDG goal 5 specifically focuses on Gender equality, as it is a fundamental human right and is vital
to the realization of human rights for all.
Fosters social harmony: A 2015 UN Women report provides several links between gender equality and conflict,
concluding that women's participation is key to sustainable peace as it helps create a fair and inclusive world.
Example: Peace treaties that include women in the process in a meaningful way are 35% more likely to last 15 years.
Role of Media and Culture in Shaping Gender Perceptions:
Perpetuating Stereotypes: Popular Media often positions men as dominant, aggressive, and focused on power and
women are portrayed as passive, caring, and focused on appearance, solidifying existing stereotypes in viewers' minds.
Impact on Self-Image: Social Media can influence how individuals view their own gender identity and behavior, potentially
leading to internalized limitations based on gender.
Example: The UP State class 12 topper was brutally trolled online for her non conventional physical appearance
Representation: Media through cinema and TV and social media has the power to challenge stereotypes and promote
more inclusive gender perceptions through diverse and realistic portrayals of different genders.
o Example: The Film Dangal made women wrestling popular in the state of Haryana.
Influencing Culture: Social Media Platforms like Instagram and Facebook can amplify certain beauty standards and
gendered expectations through curated images and influencer culture.
o Example: The growth of Influencer culture has also led to exponential growth of skin care and make up industry.
Challenging Stereotypes: Social Media led influencer culture has challenged the existing gender stereotypes with males
getting recognition in traditional female oriented areas like make-up and beauty influencing.

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Challenges to Achieve Gender Equality:

Lack of women in leadership: Women holds just 27 per cent of parliamentary seats and 28 per cent of management
positions worldwide highlighting a lack of diverse perspectives in decision-making processes, hindering comprehensive
policy formulation.
Poverty and lack of economic opportunities: Lack of Social protections, access to decent work, and other support systems
result in more than 340 million ie. & per cent of the global female population projected to live in extreme poverty by 2030.
Social norms and cultural practices: Harmful practices such as child marriage and female genital mutilation persist with
globally, one in five young women being married before age 18. The prevalence of child marriage highlights the need for
attitudinal shifts.
Inadequate access to education and health care: Stalled progress in reducing maternal mortality and expanding educational
opportunities call for targeted interventions to meet the 2030 goals
An estimated 110 million girls and young wonmen may remain out of school by 2030.
Inadequate funding for gender equality initiatives: Only 4 per cent of total bilateral aid is allocated to gender equality
and women's empowerment. The additional investment needed for achieving gender equality by 2030 is estimated at USD
360 billion per year.
Violence against women and girls: Each year, 245 million women and girls experience physical and/or sexual violence
by an intimate partner. Older women also face higher rates of poverty and violence than older men.
Legal barriers and poorly enforced legislation: Where legislation does exist to promote gender equality, effective
implementation remains a challenge.
o Example: At least 28 countries do not have laws granting women equal rights to enter marriage and initiate
divorce, and 67 countries lack laws prohibiting direct and indirect discrimination against women.
Promotion of Gender Equality: Gender equality is a fundamental human right which needs to be promoted at home, school,
and and society level
Tackle Stereotypes about Gender Roles in Families and Society: The stereotypical primary roles of women as a caregiver
and nurturer and men as a provider and breadwinner for the family needs to be eased so that they can participate fully
in all spheres of society
Paternity leave to build stronger families: These policies support all employees to balance work with care and family
responsibilities, by creating a supportive work culture and environment
o Example: In Kosovo, 91 per cent of men who took parental leave to share in family caretaking responsibilities said that
it had a positive impact on their relationship with their children.
Respect reproductive rights and bodily autonomy: The ability of women to control their fertility is fundamental to
women's empowerment and equality and also has a positive impact on the family and community as a whole.
Help End Gender-Based Violence: Generate awareness about the different forms of gender-based violence, the impact
it has on those exposed to it, and the laws and policies that are in place to build a crime free society.
Eliminate Gender Pay Gap: To instill the principle of equal pay for equal work at the workplaces and enforced through
strict laws will see more women participating in the labourforce as their works and talents are recognised.
Family friendly workspaces: Gender-responsive family policies at workplaces are powerful tools to shift discriminatory
gender norms and redistribute unpaid care work for both women and mnen to realize their career aspirations and their
fertility intentions.
Ownership: Empowering women in food and agricultural systems by enhancing access to land and resources is vital for
ensuring food security and economic growth.
Government of India Efforts To Achieve Gender Equality:
Beti Bachao Beti Padhao (BBBP): It ensures the protection, survival and education of the girl child.
Working Women Hostel (WWH): It ensures the safety and security for working women and provide them with easy residence
options.
Scheme for Adolescent Girls: To empower adolescent girls (age group 11-18) to improve their social status through
nutrition, life skills, home skills and vocational training
Mahila Police Volunteers (MPV): To act as a link between police and community and facilitates women in distress
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Rashtriya Mahila Kosh (RMK): It is an apex micro-finance organization that provides micro-credit at concessional
terms to poor women for various livelihood and income generating activities.
The National Crèche Scheme: It ensures that women take up gainful employment through providing a safe, secure and
stimulating environment to the children.
About Comprehensive Sexuality Education (CSE):
It aims to provide young people with accurate, age-appropriate information about sexuality and their sexual and
reproductive health, which is critical for their health and survival
Dimensions: Sex Education deals with the following dimensions,
Human development: It includes puberty, anatomy, menstruation, sexual orientation, and gender identity
Relationships: It includes navigation relationships with self, family, friendships, romantic relationships, and health
care providers
Life Skills: It Including communication, boundary setting, negotiation, and decision-making, bodily consent etc
Sexual behavior: It includes the full spectrum of ways people choose to be, or not be, sexual beings
Sexual Health: It includes knowledge about sexually transmitted infections, birth control, safe sex, contraception,
pregnancy, and abortion
Society and Culture: It including media literacy, shame and stigma, and how power, identity, and oppression
impact sexual wellness and reproductive freedom
Sexual Education Policy and Programmes in India
The School AIDS Education Programme (SAEP): It was introduced in 2002 to ensure compliance with India's national
AIDS policy regarding sexual health, contraception, and prevention of STIs by providing relevant information and
counselling services.
Adolescent Reproductive and Sexual Health (ARSH) 2006: It aims to equip adolescents with the knowledge to tackle
the risk of HIV infection and address underlying sexxual and reproductive health concerns.
Adolescent Friendly Health Clinics (AFHC): It was established under the RMNCH+A programme to provide out-of
school sexuality education on contraception and STIHIV prevention, in addition to counselling on sex, gender, delaying
marriage, and pregnancy.
Adolescence Education Program: It is a national program designed to address adolescent health concerns, including
sexual health under the School Health Program (SHP) within Ayushman Bharat
SHP (School Health Program): Launched under Ayushman Bharat, this program integrates sex education into
the school curriculum, targeting students from classes 6-12.
Way Forward:
Adopt the Kerala Gender Sensitive Curriculum Framework on a National Level in all schools and educational institutes.
Ensure equal access to sports, leadership roles, and STEM subjects for all genders.
For Example: The Atal Tinkering Labs, actively encourages girls to participate in STEM activities, breaking gender
stereotypes and preparing them for future tech careers.
Workshops and training programs to help teachers address gender issues effectively.
Provide legal marriage, inheritance, adoption rights to the members of LGBTQIt community
Provide 33% reservation to women in policing, administrative and judicial services
Awareness building initiatives through campaigns (eg. Hum do humare do campaign for family planning) and targeted
advertisements (eg. harmful effects of smoking and tobacco consumption) relating to the laws and rights of women and
other community.
11.2 Obscene Humour and Obscenity Laws in India
Context: Ranveer Allahbadia, founder of a YouTube channel Beer Biceps, has become the subject of a Mumbai police probe for
the allegedly obscene comments he made during a guest appearance on a YouTube show.
Obscenity in India:
Anything that is offensive to modesty or decency, or lewd, repulsive, or filthy, is considered obscene under Indian law.

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The concepts of decency and morality are linked to obscenity, ensuring that actions align with societal standards.
Common law recognizes indecent exposure and publication as criminal
offenses.
Arguments for Freedom of Speech in Humour:
LAWS GOVERNING
Humour as a Tool for Political Critique & Accountability: Satire and
comedy hold power accountable by exposing corruption, hypocrisy, OBSCENITY IN INDIA
and inefficiency in governance.
o Democracies thrive on dissent; humour is a non-violent form of RONLYiAS
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critique.
The Supreme Court in S. Rangarajan v. P. Jagjivan Ram (1989) Section 294 (BNS): Punishes sale,
distribution, or advertisement of obscene
ruled that threats of public outrage should not be used to silence
material, including online content.
free speech.
Comedy Promotes Social Change & Challenges Stereotypes:
Humour questions regressive norms related to gender, caste, religion, Section 67 (IT Act, 2000): Regulates
publication or transmission of obscene
and sexuality. material online.
It creates awareness and dialogue about sensitive issues.
Indian comedians like Vir Das (Two Indias speech, 2021) have Indecent Representation of Women
highlighted class divides and social hypocrisy through satire. Act (1986): Prohibits indecent portrayal
Humour Helps in Coping with Trauma & Mental Health: Humour is of women in media.
therapeutic and helps society cope with tragedy and crises.
o Laughing at difficult realities can be a form ofemotional resilience.
Cable TV Networks Act (1995):
According to the American Psychological Association, humour Regulates TV content for public viewing.
reduces stress and boosts mental well-being.
Censorship of Humour Leads to Authoritarianism: Countries that
curb humour often suppress dissent and erode democratic values. Cinematograph Act (1952): Governs
o Heckler's veto (banning content due to potential outrage) creates a film certification and censorship.

culture of fear.
Freedom House (2023) ranks Saudi Arabia & North Korea among
the most censored countries, where satire is illegal.
Offensive Humour is Subjective & Context-Dependent: What is considered offensive in one culture may be normal in
another.
Courts have ruled that intent and audience perception must be considered.
Aveek Sarkar v. State of West Bengal (2014): SC rejected the *Hicklin Test", ruling that context matters in deciding
obscenity.
Audiences Have the Right to Choose, Not the State: Viewers should self-regulate if they don't like something, they can
switch off or boycott instead of demanding bans.
Excessive censorship infantilizes citizens and assumes they cannot think critically.
The Supreme Court in Shreya Singhal v. Union of India (2015) struck down Section 66A of the IT Act, ruling that
the right to be offended does not override free speech.
Arguments Against Obscene Humour:
Obscene Humour Degrades Public Morality & Cultural Values: Obscene jokes erode moral standards, normalizing
vulgarity, sexual objectification, and indecency.
Normalization of Sexual Jokes Contributes to Gender Inequality: Sexist jokes and hypersexualized humour contribute to
rape culture, workplace harassment, and gender discrimination.
Laughing at inappropriate jokes about women normalizes misogyny and toxic masculinity.
Utsav Chakraborty Case (2018): A comedian accused of sexual harassment had previously made sexist jokes, reflecting
the danger of normalizing such behaviour.

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Exposure to Obsecene Humour Negatively Afects Children & Adolescents: Children and teenagers exposed to obscene
humour develop distorted views on relationships, sexuality, and respect.
o Explicit jokes in public spaces, social media, or TV shows create an unsafe environment for young audiences.
A study by Harvard School of Public Health found that exposure to sexually explicit media increases risky sexual
behaviour among teenagers.
Obscene Humour Can Lead to Workplace Harassment
& Legal Consequences: Sexual jokes at workplaces PHILOSOPHICAL & ETHICAL
create hostile environments and encourage inappropriate
behaviour.
PERSPECTIVES Mas
India's #MeToo Movement (2018): Many
workplace harassment cases involved jokes with
sexual undertones, later used as evidence against
ON OBSCENE HUMOUR
perpetrators. KANTIAN ETHICS
THE HARM PRINCIPLE
Public Spaces & Digital Platforms Are Not Private ((OHN STUART MILL - (DEONTOLOGICAL ETHICS
-

UTILITARIANISM& LIBERTY DUTY-BASED MORALITY):

Obscene HumourViolates Community Standards: Not THEORY):
everyone consents to listen to or watch obscene humour Speech should respect human
Mill's Harm Principle states that dignity.
in public places, social media, or mainstream media.
individual liberty should only be
o Unregulated vulgarity in online content can expose restricted if it causes harm to THE SOCIAL CONTRACT
millions to inappropriate material. others. THEORY (HOBBES, LOCKE,
OTT Show "Tandav" (2021l) faced backlash for
ROUSSEAU ETHICAL -
VIRTUE ETHICS (ARISTOTLE RESPONSIBILITY IN SOCIETY)
offensive content, leading to new OTT content - ETHICAL CONDUCT & Free speech is a social
regulation policies in India. CHARACTER contract:
DEVELOPMENT):
Freedom of Speech is Not Absolute-Societal Harmony People give up absolute freedom
Ethical speech should promote in exchange for a stable and
Must Be Respected: Free speech does not give the good values, respect, and respectful society.
right to offend public morality, religious sentiments, or positive societal development.
community values. CONSEQUENTIALISM
o The Supreme Court in Aveek Sarkar v. State of West (JEREMY BENTHAM
THE ETHICS OF CARE
(FEMINIST ETHICS- CAROL GREATEST GOOD FOR THE
Bengal (2014) ruled that public decency is a valid GREATEST NUMBER):
GILLIGAN, NEL NODDINGS):
restriction on speech. If
Emphasizes empathy. obscene humour has negative
Way Forward for Obscene Humour in India societal impacts, it should be
relationships, and ethical
responsibility in speech. restricted.
Clearer Legal Definitions of Obscenity: Define
obscene humour separately from hate speech and artistic
expression.
Use the Community Standards Test rather than the outdated Hicklin Test.
Self-Regulation by Comedians & Content Creators: Comedy platforms & artists should establish content guidelines (e.g.,
trigger warnings for explicit jokes).
o Encourage ethical humour that critiques social issues without degrading individuals or communities.
Strengthening Digital & OTT Regulations Without Censorship: Age restrictions content classifications for stand-up
specials & digital comedy.
o Independent grievance redressal mechanisms rather than direct government censorship.
Community-Based Content Moderation: Use a Community Standards Model content should be reviewed based on
evolving public sentiment, not outdated moral codes.
o Allow public feedback mechanisms instead of legal bans.
Judicial Oversight to Prevent Arbitrary Arrests: Courts should require clear legal justification before allowing arrests for
offensive humour.
o Establish a legal distinction between "offensive" and "criminal" humour.
Promoting Counter-Speech Instead of Bans: Encourage counter-speech, debates, and discussions instead of legal bans.
Social awareness campaigns to educate audiences on ethical humour and responsible consumption.

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Adopting International Best Practices: Follow models like the US “Miller Test'" for defining obscenity.
Allow self-regulatory content ratings like the UK Film Classification Board.
o France protects satire under free spcech laws, but imposes penalties on hate speech and targeted obscenity.
Need for Balanced Regulation: Society must strike a balance between protecting sensitivities and preserving free speech.
Courts must balance societal decency with artistic freedom, ensuring that laws are not misused to suppress legitimate
Cxpression.
Ahybrid approach, where platforms implement strong moderation with periodic regulatory oversight, can balance creative
freedom with public decency.
Conclusion: The Ranveer Allahbadia controversy highlights the ongoing debate between creative freedom and societal
sensitivities in India. While humour and satire are essential for free expression, they must also be responsible and respectful of
diverse sentiments. The way forward lies in self-regulation, clear legal frameworks, and open dialogue, rather than excessive
censorship or legal intimidation.

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