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Case Study 1 2 BFT 603

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Case Study 2: Call of Duty versus Human Value

You are a traffic constable and while on duty you see 3 people riding a
motorcycle without a helmet and jumping the red signal. On stopping them,
you came to know that one of them met with an accident due to potholes and
is severely bleeding and due to non-arrival of ambulance they are taking him to
the hospital. On further enquiry, you came to know that the driver does not
have a driving license and works as day wager. While on his way to work, he
found the man lying injured on the road and in a rush to take him to hospital,
he left his helmet on the site of an accident. The driver expresses his financial
inability to pay increased fines. Recently, due to the enforcement of new Motor
Vehicles Act, you are under severe pressure from your seniors for strict
enforcement.    

Q1. What are the ethical issues involved and the options available to you in
such a situation (2M)

Q2. Suggest a course of action you would like to follow. (4M)

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Solution

The given case study requires us to ethically judge the action of a poor person,
who violated the law by riding motorcycle without helmet and jumped the
traffic signal to save the life of an injured person. The traffic constable faces a
dilemma of whether to take a strict action on the motorcycle driver and fine
him or not.

Q1. What are the ethical issues involved and the options available to you in
such a situation (2M)

Ethical issues involved are:

 Voluntary action or not: Since the person wanted to save the life of the
accident victim, and was in a compulsion to take him to the hospital as early
as possible, his action might be circumstantial. He might not be a regular
offender.

 Incorrect means for good ends: It is to be judged whether the ‘means’


adopted by violating the law are justified for correct ‘end’ which is to save the
life of an injured person.

o This aspect can be seen in terms of Legality v/s morality of action: 

o Saving the life of an innocent person is above the law. Also, the
intent of Motor Vehicle Act is to save lives.

 Priority to duty or the life of injured: Since the duty of traffic constable is


to ensure traffic rules, and follow a superior's orders, he needs to have
emotional intelligence to judge whether his duty is supreme or life of an
injured.
 Proportionality of fine: It needs to be judged whether collecting hefty fine
from the poor is viable or not. The law itself seems to be harsh for the poor.

Following options are available for the traffic constable:

 Making him liable to pay the fine: This would ensure strict enforcement of
law and allowing him to adhere to his duty as a constable. It would even
deter others from violating the law.

o However, making him liable to pay the fine will be against the morale of
good Samaritans like him, facing a similar situation in the future.

 Allowing them to leave without any action against them: It would ensure
that the accident victim reaches the hospital on time. Collection of fine is
secondary to saving life of the injured.

o However, there are chances that they may injure someone else on the road
due to their improper driving.

o This may encourage him not to apply for a license in the future as well.

 Making some quick alternate arrangements for taking the victim to the


hospital: Alternative arrangements like ambulance or Dial 100 police
car with suitable facility should be looked for. The person riding the
motorcycle can then be counseled for violating the law.

Thus, option (3) seems to be the correct way to deal with the situation. The
constable should take rational decision.

Q2. Suggest a course of action you would like to follow. (4M)

Following is the course of action the constable should follow:


 Knowing and understanding the facts: Chances are that they may be lying
to avoid paying the hefty fine or the accident may be caused by them only.
Thus, quick analysis of facts and severity of injury of the victim needs to
be analyzed.

 Priority should be to make the accident victim reach hospital on time. If


the hospital is very near, they may be allowed to leave only as
an exceptional instance. But if hospital if far away, alternative arrangement
like ambulance or Dial100 police car should be made. This would ensure
safety to the victim and others as well.

 Strict warning should be given to him not to violate the law. His socio-


economic condition and the cause for selfless service should be taken
into consideration before taking any action against him. Thus, he may be
allowed to leave after giving strict warning since even though law has not
been followed but public cause has been followed. Service of the people is
supreme.

Here it is to be noted that, since he owns the motorcycle and had left the
helmet at the accident spot, means he travels by his motorcycle on a daily
basis without having any license. He must be counseled to ensure that he
applies for a license as soon as possible. He must realize that even his actions
could be detrimental to not only his life but others also. Lawlessness should
not become a norm.

Also, mere collection of fine is not the purpose of the law, rather the intent is to
make people cautious about the safety and security of life of themselves and
others.

Another important aspect is the failure of governance by non-availability of


ambulance which compels people to adopt such unsafe means for taking the
victims to the hospital. State should ensure timely availability of medical help
to victims to ensure social justice.
Case Study1: Personal relation v/s Public duty

Pawan is pursuing MBA and shares a room with you in the private hostel. He
desperately needs a job after completing his course because of educational loan
and weak economic background. In his last two semesters, he couldn’t secure
good grades due to serious illness. In current semester he has to secure good
marks at any cost to satisfy minimum criteria for placements.

Few days before the final semester exam, he comes to you and asks for money.
He is stressed and nervous. He tells you about his plan to purchase semester
papers to clear the exam and convinces you for the same by giving reference to
his bad health, family status and his education loan.

In such circumstances, would it be right to lend money to him?

a) Identify the moral dilemma faced by you 3M

(b) Analyse your role and duties as a friend, also suggest your course of action.

Solution

The given case tests the ability of a person to stick to the right means even in
difficult circumstances in life. One needs to balance his role as a true friend by
making Pawan realize his mistake and simultaneously helping him in other
ways.

Facts of the case

 Pawan’s weak economic background, bad health and family responsibilities.

 Good grades needed to satisfy minimum criteria for placements

 Asked for money to purchase semester papers.

 Stress and nervousness due to fear of failure.

Values involved

 Integrity
 Honesty

 Fear

 Courage

 Fortitude

 Empathy

 Moral righteousness

Q 1 Identify the moral dilemma faced by you 3M

Moral dilemmas faced:

 Means v/s Ends: Taking incorrect means of giving Pawan the money to buy
the semester papers to attain the ends of getting good grades which would
allow him to sit for placements.

 Social obligation v/s moral righteousness: Supporting one’s friend in need


or adhering to one’s conscience by not giving him money.

(b) Analyse your role and duties as a friend, also suggest your course of
action.

b) Roles and duties as a friend:

 A true friend is one who shows the right path. He is one who not only tells
‘what is’ rather ‘what ought to be’. Hence, he is a true friend, philosopher
and guide for lifetime.

 He shows the emotional support, empathy, trust, and mutual


cooperation in the hardest of times.

 He encourages and motivates others and imbibes confidence in them so


that the hidden talent and capabilities can be revived.

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