You are posted as a District Collector in one of the districts in India. It has been brought to your notice that a structure has been built by few members of a religious community on the public land without getting due permissions. In keeping with the guidelines of the Supreme Court of India, disallowing the construction of any permanent religious structures on public land, you are contemplating its removal. However, the leaders of the community in question have requested you to permit the structure saying that it is for the period of month long religious festival only. Moreover, they say that there is no other religious place nearby where community members can celebrate their festival. Your seniors and the political leader of the area also support their views. However you are skeptical that after the festival is over, it may not be easy to remove the religious structure from the public land due to the involvement of community members at large. (1) Perform an objective and subjective analysis of the case. (2) What will you do in such a situation?

Answer:

 

  • Perform an objective and subjective analysis of the case.

 

Objective Analysis:

  • The constitution of India caters to treat everybody as equal before the law irrespective of his religion. Thus, the religious community in the question should not be dealt with any special treatment.
  • As a civil servant, an officer should follow the guidelines of SC as its interpretation is final and binding in India.
  • If he violates the law he has to answer to his superiors for such a violation.
  • The religious community is part of the Indian population. Therefore, their customs and beliefs should be respected.

Subjective Analysis:

Religion plays an important part in the lives of people in India. If the structure is removed, the action can be given a communal color. Since our model of secularism respect all the religion equally, their sentiment should also be respected. Leadership quality of civil service also demands not to antagonize any community.

(2) What will you do in such a situation?

1st Approach

Firstly, leaders of the community should be persuaded that though District Administration fully respects the values and customs of their religion due to strict guideline administrators have to suffer from penal action if structure is not removed.

Second, if leaders do not agree, then the matter should be discussed with the superiors that are there any authority that can give such permission. If it is not possible, then he should remove the structure.

If such a solution is not available, then he should check whether it is possible to limit the number of people attending the festival, based on law and order administration available and with the help of leaders of the community? If it is possible, then he can allow them to take up the festival because the structure can be removed later if the number of people involved is not much. If it is not possible, then he should remove the structure.

2nd Approach

Community activities can be taken up on government land but proper permission needs to be taken so I will ask that community to take requisite permission in a written manner.

As a district officer, it is my responsibility to maintain law and order and peace in the district and also to ensure sentiments of the community is not hurt. Therefore to maintain such balance permission will be granted till festive month but after that demolition will be carried out under the municipal act, following proper procedures and discussions with influential and important members of the religious community such that peace would not be disturbed.

 

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4 years ago

MOJO9930Q00N64198657

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4 years ago

MOJO9b10Y00D60723868

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4 years ago

Payment ID:MOJO9b01O00A90839766
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4 years ago

MOJO9b03K00A07920521

I have written only very few ethics answers and this is my first case study. Kindly correct me if my approach is wrong. Thank you sir.

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4 years ago
Reply to  Parth Verma

Thank you sir for the encouragement. Working on how to use flowcharts. Will use them sooner sir.

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4 years ago

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Thank you.

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