Question 1 · 488 words written
What are the administrative and ethical issues involved in the above situation? 2. What are the options available to you in the above situation? 3. Discuss the merits and demerits of each option and explain your chosen course of action along with reasons
Opening · a constitutional or legal provision
Article 25-28 provides for freedom of religion as fundamental rights but they are not absolute and is restricted reasonably where other fundamental rights like equality take precedence.
Body · points and prose
1. Adminstrative and Ethical Issues
| Adminstrative Issues | Ethical Issues |
|---|---|
| (1) Law & order situation may arise | (1) Exclusion of women and discrimination against idea of equality & fairness |
| (2) Pressure from both side | (2) Against right to freedom of religion |
| (3) Balancing between social customs & tradition on one side and constitutional morality on other. | (1) Exclusion of women by denying entry to them |
| (4) Enforcement & Implementation issue through coercion & use of force. | (2) Religious text over constitutional text. |
| (3) May reduce social capital if enforced forcefully. | |
| (4) Culture of opportunism by politicians | |
| (5) Threat to peace due to law & order situation |
2. Options Available to District collector
a) Reject the demand of progressive women and convince them to go to court for their rights
b) Accept the demand of women and ensure there is no discrimination and ensure equality & fairness in society.
3. Merits & Demerits
| Option | Merits | Demerits |
|---|---|---|
| Option a | a) No law & order situation & prevailing peace | |
| b) Buying time by waiting for court order. | a) Against Right to equality (Article 14) | |
| b) Setting wrong precedent and giving up to pressure | ||
| c) religious text over constitutional morality | ||
| d) Non-performance of duty & lack of courage to stand with justice | ||
| Option b | a) Equality | |
| b) Constitutional morality | ||
| c) Courage to stand up with justice | ||
| d) Bring social reforms | ||
| e) Rule of law | a) Law & order situation | |
| b) Enforcement issue as public may not accept it in long term |
Course of Action & Reasons
Close · a quotation
| Course of Action | Reasons |
|---|---|
| (1) Buying time from both side for detailed study of past & present | a) No short term threat of law & order situation |
| b) objective analysis | |
| c) taking feedback & suggestions | |
| (2) Conducting community meeting | a) engaging with community & religious leaders |
| b) social persuasion based on logical argument | |
| (3) Explore legal measures | a) section 144 for maintaining peace in starting |
| b) security to women | |
| c) Preventive detention | |
| d) exploring court route |
In any case, untill the judiciary does not oppose, the duty to enforce right to equality & no discrimination will be adhered by DC thus allowing women to enter temple and bring social changes in society.
Gandhiji said the greatness of civilization is decided by how the society treats women.