GS4 · 20 marks · 250 words

You have recently been posted as a probationary officer in the District Magistrate's office in a tribal district. During one of the fieldtrips, while interacting with the tribals, you come to know about a private company, established a few years back, which has transformed their lives. The company, using the traditional knowledge of tribals, had launched a series of products and provided numerous livelihood opportunities to the tribals. Upon further enquiry, you come to know that while the lives of tribals had indeed improved, the distribution of profits however, has been quite disproportionate. The company has seen a huge growth in its operations and its owners have amassed huge wealth. It is also planning to file for IPR, which may further hinder the interests of the tribals. You feel that tribals have been left short changed and there has not been an equitable sharing of benefits arising out of the use of their resources. When you tried to approach the Gram Sabha and voice your concerns, the tribals requested you not to intervene as they do not have any alternatives. They also argue that governments in the past have failed to protect their interests. Given the situation, answer the following: (a) Identify the different stakeholders and their interests involved in this case. (b) Present a case to convince the District Magistrate for the need of government intervention in the situation.

Answered by 7 toppers · CSE 2019–2021

Syllabus: Case Studies on above issues.

How toppers approached it

From 5 of the 7 answers · about 370 words · 20% drew a diagram.

Opening

  • No separate opening80%
  • A constitutional or legal provision20%

Body

  • Points60%
  • Points and prose40%

Close

  • A summary60%
  • No separate close20%
  • A way forward20%

The toppers’ answers

Nupur GoelAIR 11 · CSE 2019 · 470 wordsTheir whole copy

Opening

Various ethical issues are :-

Body · points and prose

  1. Right to livelihood v/s Right to Equitable share in profits.
  2. Short term v/s long term interests of tribal population.
  3. Ethics in business exploited/violated by private firm.
  4. Ineffectiveness of Gram Sabha.
  5. lack of alternative employment opportunities.
  6. lack of serious govt intervention here.

(a) Stakeholders involved along with their interests are :-

StakeholdersInterests
1. TribalsRight to Livelihood, indigenous knowledge being promoted, devoid of equitable share by company
2. companyAmassing of wealth, profiteering, IPR on tribal knowledge
3. Probationary officerconcerned about such activity of private firm. wants to help tribals. self-satisfaction.
4. District AdministrationTribal welfare, socio-economic development, social justice for all, checking any misuse of power, malpractice by company.
5. Gram SabhaRepresentation of tribal people. Welfare of society. checking any illegal activity.
6. society at largesocial justice. peace, prosperity, order. socio economic development.

(b) Case to convince DM for need of govt intervention :-

Present situation of tribals :-

i) They have enormous wealth of tribal knowledge but don't know how to use it.

ii) This gap is filled by private company which has launched a number of products & provided them employment.

iii) Herein, the enquiry done by probationery Officer can be submitted which shows inequitable distribution of profit. iv) The filing of IPR in process to hinder their long term interests. v) Tribals, being innocent & not able to see their long term interests getting hampered. vi) Lack of alternative employment opportunities.

II Then, DM must be told about lack of govt in protecting their interests :-

i) The Gram sabha incident where tribals themselves are requesting Officer not to intervene. ii) Lack of trust in tribals regarding their upholding Tribal rights. iii) lack of strict implementation of tribal rights on ground. iv) Lack of govt officials in protecting their rights.

III This attitude has been exploited by private company for vested interests. steps that can be taken to rectify this situation :-

  1. Involvement of NGOs, civil society to give them adequate employment opportunities.
  2. Ministry of Tribal Affairs' TRIFED program can be used to assist them.
  3. Awareness generation about rights of tribals & how their interests are being undermined by the company.
  4. Having a legal counsel to fight their case in court. This'll also assure the tribals that govt is with them.
  5. DM can also have an informal meet with company management to share the profits equitably with tribals. Otherwise, legal action will be taken against them.
  6. strengthening of Gram Sabha & proper grievance redressal mechanism to register such complaints.

Close

It is our moral & legal duty to help & intervene.

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