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28 Nov 2020
GS Paper 4
Case Studies
You are appointed as the Superintendent of Police in a district where cases of molestation and sexual harassment of women are reportedly on the rise. Due to this, working women in the district always have the fear of some untoward incident. Being the Superintendent of Police, such acts in your district do not reflect an effective operationalisation of the legal system. That aside, rise in cases of sexual harassment and molestation of women depict a degradation of ethics in a society.
You are highly sensitive to women’s issues and in the districts where you are posted, you take strict actions to prevent such incidents. Various operations and arrests were done by the police against these crimes in the district, but the accused escaped the law due to lack of adequate evidence. In these circumstances, your subordinate officers argue in support of on-the spot instant justice delivery by the society.
(a) Discuss the various ethical issues related to dispensing instant justice in such situations.
(b) Which long-term steps will you take as a Superintendent of Police to ensure the safety of women? (250 words)
(a) There are many ethical dilemmas and conflicts with respect to dispensing instant justice:
- submission to due process of law versus salving of collecting conscience of society through instant justice by people and subversion of law;
- following professional and administrative ethics versus dereliction of duty and submission to demands of mob rule;
- upholding the police dignity, law and order versus pandering to public demand for bravado; —maintaining police morale and sharp criminal investigation versus letting loose a mob which will act illegally, irrationally and emotionally, and;
- enforcing rule of law and fear of the law in criminals versus instilling fear of a mob justice.
(b) Following are some of the steps for long-term remedy of the situation that I as the SP will take:
- Dispensing instant on-the-spot justice (or mob lynching or mob justice) is illegal, immoral and highly unethical. This is not an option and will not be even discussed or considered in my office/district. Strengthening law and order is the priority.
- Effective criminal investigation with cutting-edge forensics/DNA analysis should be a priority. I will devote resources and personnel to this effect.
- People are getting impatient as criminals escape justice. Improvement in the conviction rate of criminals violating women will be my top priority. Criminals must not think that they will get away with the crimes.
- I will ensure a peaceful, safe atmosphere for women and everyone in the district. Night patrols by police, prompt action/FIR on complaints, public awareness camps, involvement of NGOs, and lighting of streets at night are some other miscellaneous measures.
