Question 1 · 354 words written
What are the core ethical challenges involved in executing the eviction in this case? 2. How should a public servant reconcile legal mandates with humanitarian obligations in contexts of informal urban settlements? 3. Propose a course of action that respects judicial authority while upholding the values of compassion, fairness, and responsible governance.
Opening · a quotation
Gandhiji during sedition speech in trial court said- "There is greater court than Court of Justice, That is the Court of conscience". The given case highlights the dilemma of following rules and law in letter or spirit by giving way to ethical obligations of upholding Social justice (Article 38)
Body · points
(1) Core ethical challenges in Eviction
(1) NO Rehabilitation policy - volets Right to Shelter - Article 21 - Right to life and dignity (SC judgement in Olga Tellis case)
(2) Contempt of court is at conflict with ethical principles of social justice towards Basti dwellers.
(3) Immediate compliance vs delay till rehabilitation commitment is ensured in sync with Hobbes Social contract.
(4) Ethical dilemma in following laws and rules vs conscience → slum dwellers will be homeless and vulnerable goes against human dignity.
(2) Public servant balancing legality vs humanitarian mandate
(1) Compassionate discretion → delaying the project till rehabilitation settlement
(2) Mills utilitarian approach → greatest good to greatest number → my delay will ensure to contempt
to me (only one person) vs welfare and dignity of thousands.
(3) Balancing act in decision making
by finding a common ground based on laws, rules and conscience.
(4) leverage NGOs to file PIL in supreme court for Rehabilitation policy
(5) Formel request to high court to give ample time until rehabilitation
Cause of action to balance judicial authority with compassion, fairness & responsible governance
(1) Written request to High court to delay the deadline of evacuation until rehabilitation measures is ensured
(2) Collaborate with NGOs, Private sector-CSR for makeshift housing at vacant land till rehabilitation.
(3) leverage PM Awas yojana-urban for long term housing facility → build trust and credibility with Basti dwellers to cooperate.
(4) Community engagement for cooperation in evacuation after effective rehabilitation is ensured.
(5) Even face contempt of court for justice and fairness and delay the project as last resort in spirit of constitutional morality [Justice]
Close · a quotation
"Everything can be taken from a man, but last of human freedoms-Attitude to act in a situation, free will to choose one's way" - Viktor Frankl → choosing the way of compassion, Constitution & legality.