UNIT 1st (Constitutional Values)

Historical Perspective of Indian Constitution

You may have come across the term constitution quite often. It is used in various contexts such
as Constitution of a State or a Nation, Constitution of an Association or Union, Constitution of
a Sports Club, Constitution of a non-governmental organization (NGO), Constitution of a
company and so on. Does this term mean the same in all these contexts? No, it is not so. As
used commonly, constitution is a set of rules, generally written, which defines and regulate the
structure and functioning of an organization, institution or a company. But when it is used in
the context of a State or a Nation, Constitution means a set of fundamental principles, basic
rules and established precedents (means standards/instances).

It identifies, defines and regulates various aspects of the State and the structure, powers and
functions of the major institutions under the three organs of the Government – the executive,
the legislature and the judiciary. It also provides for rights and freedoms of citizens and spells
out the relationships between individual citizen and the State and government. A Constitution
may be written or unwritten, but it contains fundamental laws of the land. It is the supreme and
ultimate authority. Any decision or action which is not in accordance with it will be
unconstitutional and unlawful. A Constitution also lays down limits on the power of the
government to avoid abuse of authority. Moreover, it is not a static but a living document,
because it needs to be amended as and when required to keep it updated. Its flexibility enables
it to change according to changing aspirations of the people, the needs of the time and the
changes taking place in society.

In fact, Indian Constitution is the longest of all the written constitutions. It was prepared by a
representative body, known as the Constituent Assembly. Most of its members were deeply
involved in the freedom struggle. They are respectfully called the founding fathers of the
Constitution. The process of constitution-making was greatly influenced by the following
factors: (a) aspirations generated during the long drawn freedom struggle, (b) the constitutional
and political changes that took place during the British rule, (c) The
ideas and thoughts of Mahatma Gandhi, popularly known as Gandhism, (d) the socio-cultural
ethos of the country and (e) the experiences of the functioning of Constitutions in other

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democratic countries of the world. The Constitution came into effect on 26 January, 1950 and
since then we celebrate this day as the Republic Day every year.

“The Constituent Assembly began to prepare the Constitution on 9 December, 1946.

Dr. Rajendra Prasad was elected as its President on 11 December, 1946. Dr. Baba Saheb
Bhimrao Ambedkar was the Chairman of the Drafting Committee. The Constituent Assembly
met for 166 days, spread over a period of 2 years, 11 months and 18 days. The making of the
Constitution was completed on 26 November, 1949 when the Constituent Assembly adopted the
Draft Constitution of India.”

The Constitution of India defines all aspects of the Indian political system including its basic
objectives. It has provisions regarding (a) the territories that India will comprise, (b)
citizenship, (c) fundamental rights, (d) directive principles of state policy and fundamental
duties, (e) the structure and functioning of governments at union, state and local levels, and (f)
several other aspects of the political system. It defines India as a sovereign, democratic,
socialist and secular republic. It has provisions for bringing about social change and defining
the relationship between individual citizen and the state.

Key timelines in the 1948 constitutional process:

1946 Britain decides on to grant independence to India and cabinet mission is

dispatched to India to discuss modalities for transfer of power

14 August 1947 Proposal for creation of committees is tabled

29 August 1947 Drafting committee is established

6 December 1947 Constituent Assembly formally convenes for the first time, following
elections, to start the process of writing a constitution.

4 November 1947 Draft is finalized and submitted

1948 – 1949 Constituent Assembly meets in sessions open to the public

26 November 1949 Constituent Assembly adopts final draft making it official

26 January 1950 Entry into force of the new constitution

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The Constituent Assembly: The demand for a sovereign Indian Constitution gained
momentum during the freedom struggle. The idea of a Constituent Assembly was first proposed
in 1934 by M. N. Roy, a pioneer of the communist movement in India. The concept was later
endorsed by the Indian National Congress in 1936. Following the Cabinet Mission Plan of
1946, the Constituent Assembly of India was formed. The Assembly held its first session on
December 9, 1946, with Dr. Sachidanand Sinha as the interim president. Shortly thereafter, Dr.
Rajendra Prasad was elected as the permanent president of the Assembly, and Dr. B. R.
Ambedkar was appointed the chairman of the Drafting Committee.

The Drafting Process: The drafting of the Indian Constitution was an exhaustive process that
spanned nearly three years. The Drafting Committee, under Dr. Ambedkar’s leadership, studied
various global constitutions to incorporate the best practices suited to India’s diverse socio-
political fabric. Over 2,000 amendments were considered before finalizing the draft. The
Assembly held 11 sessions over 165 days, during which members debated various provisions
in detail. The Constitution was adopted on November 26, 1949, and came into effect on January
26, 1950, a date chosen to commemorate the declaration of Purna Swaraj (complete
independence) in 1930.

Key Features of the Indian Constitution:

• Length and Detail: The Indian Constitution is one of the longest in the world, reflecting
the complexities of governing a diverse nation.
• Federal Structure: It establishes a federal framework with a strong central government,
while also granting significant powers to the states.
• Fundamental Rights: It enshrines essential rights to ensure individual liberty, equality,
and justice.
• Directive Principles: These guidelines aim to create a welfare state by addressing socio-
economic disparities.
• Amendability: The Constitution provides a mechanism for amendments, enabling
adaptability to changing times.

The Vision of the Founders: The framers of the Constitution envisioned an India that upheld
democratic values, social justice, and individual dignity. Leaders like Jawaharlal Nehru, Sardar
Patel, Maulana Azad, and others played pivotal roles in shaping the document. Dr. Ambedkar,
hailed as the “Architect of the Indian Constitution,” emphasized the need for unity, liberty, and
equality.

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Legacy and Significance: The Indian Constitution has endured as a living document, adapting
to societal changes through over 100 amendments. It serves as a beacon of hope and resilience,
guiding India's democratic journey. As a testimony to the nation's pluralism and commitment
to justice, it continues to inspire generations. In celebrating the history of the Indian
Constitution, one recognizes not only a legal framework but also a vision of an inclusive and
progressive India.

The Salient Features of the Constitution: The main features of the Constitution as shown in
the illustration are as follows:

1. Written Constitution: As has been stated earlier, the Constitution of India is the
longest written constitution. It contains a Preamble, 395Articles in 22 Parts, 12
Schedules and 5 Appendices. It is a document of fundamental laws that define the nature
of the political system and the structure and functioning of organs of the government.
It expresses the vision of India as a democratic nation. It also identifies the fundamental
rights and fundamental duties of citizens. While doing so, it also reflects core
constitutional values.
2. A Unique Blend of Rigidity and Flexibility: In our day-to-day life, we find that it is
not easy to bring about changes in a written document. As regards Constitutions,
generally written constitutions are rigid. It is not easy to bring about changes in them
frequently. The Constitution lays down special procedure for constitutional
amendments. In the unwritten constitution like the British Constitution, amendments
are made through ordinary law-making procedure. The British Constitution is a flexible
constitution. In the written constitution like the US Constitution, it is very difficult to
make amendments. The US Constitution, therefore, is a rigid constitution. However,
the Indian Constitution is neither as flexible as the British Constitution nor as rigid as
the US Constitution. It reflects the value of continuity and change. There are three ways
of amending the Constitution of India. Some of its provisions can be amended by the
simple majority in the Parliament, and some by special majority, while some
amendments require special majority in the parliament and approval of States as well.
3. Fundamental Rights and Duties: You must be familiar with the term fundamental
rights. We quite often find it in newspapers or while watching television. The
Constitution of India includes these rights in a separate Chapter which has often been
referred to as the ‘conscience’ of the Constitution. Fundamental Rights protect citizens
against the arbitrary and absolute exercise of power by the State. The Constitution

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 guarantees the rights to individuals against the State as well as against other individuals.
The Constitution also guarantees the rights of minorities against the majority. Besides
these rights, the Constitution has provisions identifying fundamental duties, though
these are not enforceable as the fundamental rights are. These duties reflect some of the
basic values embodied in the Constitution.
4. Directive Principles of State Policy: In addition to Fundamental Rights, the
Constitution also has a section called Directive Principles of State Policy. It is a unique
feature of the Constitution. It is aimed at ensuring greater social and economic reforms
and serving as a guide to the State to institute laws and policies that help reduce the
poverty of the masses and eliminate social discrimination. In fact, as you will study in
the lesson on “India-A Welfare State”, these provisions are directed towards
establishment of a welfare state
5. Integrated Judicial System: Unlike the judicial systems of federal countries like the
United States of America, the Indian Constitution has established an integrated judicial
system. Although the Supreme Court is at the national level, High Courts at the state
level and Subordinate Courts at the district and lower level, there is a single hierarchy
of Courts. At the top of the hierarchy is the Supreme Court. This unified judicial system
is aimed at promoting and ensuring justice to all the citizens in uniform manner.
Moreover, the constitutional provisions ensure the independence of Indian judiciary
which is free from the influence of the executive and the legislature.
6. Single Citizenship: Indian Constitution has provision for single citizenship. Do you
know what does it mean? It means that every Indian is a citizen of India, irrespective
of the place of his/her residence or birth in the country. This is unlike the United States
of America where there is the system of double citizenship. A person is a citizen of a
State where he/she lives as well as he/she is a citizen of U.S.A. This provision in the
Indian Constitution definitely reinforces the values of equality, unity and integrity.
7. Universal Adult Franchise: The values of equality and justice are reflected in yet
another salient feature of the Constitution. Every Indian after attaining certain age (at
present 18 years) has a right to vote. No discrimination can be made on the basis of
religion, race, caste, sex, descent, and place of birth or residence. This right is known
as universal adult franchise.
8. Federal System and Parliamentary Form of Government: Another salient feature of
the Indian Constitution is that it provides for a federal system of state
and parliamentary form of government. We shall discuss these below in detail. But it is
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 necessary to note here that the federal system reflects the constitutional value of unity
and integrity of the nation, and more importantly the value of decentralization of power.
The parliamentary form of government reflects the values of responsibility and
sovereignty vested in the people. The core principle of a parliamentary government is
the responsibility of the executive to the legislature consisting of the representatives of
the people.

Basic Values enshrined in the Preamble of Indian Constitution:

The Constitution of any country serves several purposes. It lays down certain ideals that form
the basis of the kind of country that we as citizens aspire to live in. A country is usually made
up of different communities of people who share certain beliefs, but may not necessarily agree
on all issues. A Constitution helps serve as a set of principles, rules and procedures on which
there is a consensus. These form the basis according to which the people want the country to
be governed and the society to move on. This includes not only an agreement on the type of
government but also on certain ideals that the country should uphold. The Indian Constitution
has certain core constitutional values that constitute its spirit and are expressed in various
articles and provisions. But do you know what is the meaning of the word, ‘value’? You may
immediately say that truth, non-violence, peace, cooperation, honesty, respect and kindness are
values, and you may continue to count many such values. In fact, in a layman’s understanding,
value is that which is very essential or ‘worth having and observing’ for the existence of human
society as an entity. The Indian Constitution contains all such values, the values that are the
universal, human and democratic of the modern age.

The Preamble to any Constitution is a brief introductory statement that conveys the guiding
principles of the document. The Preamble to the Indian Constitution also does so. The values
expressed in the Preamble are expressed as objectives of the Constitution. These are:
sovereignty, socialism, secularism, democracy, republican character of Indian State, justice,
liberty, equality, fraternity, human dignity and the unity and integrity of the Nation. Let us
discuss these constitutional values:

1. Sovereignty: You may have read the Preamble. It declares India “a sovereign socialist
secular democratic republic”. Being sovereign means having complete political
freedom and being the supreme authority. It implies that India is internally all powerful
and externally free. It is free to determine for itself without any external interference
(either by any country or individual) and nobody is there within to challenge its

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 authority. This feature of sovereignty gives us the dignity of existence as a nation in the
international community. Though the Constitution does not specify where the sovereign
authority lies but a mention of ‘We the People of India’ in the Preamble clearly indicates
that sovereignty rests with the people of India. This means that the constitutional
authorities and organs of government derive their power only from the people.
2. Socialism: You may be aware that social and economic inequalities have been
inherent in the Indian traditional society. Which is why, socialism has been made a
constitutional value aimed at promoting social change and transformation to end all
forms of inequalities. Our Constitution directs the governments and the people to ensure
a planned and coordinated social development in all fields. It directs to prevent
concentration of wealth and power in a few hands. The Constitution has specific
provisions that deal with inequalities in the Chapters on Fundamental Rights and
Directive Principles of State Policy.
3. Secularism: We all are pleased when anyone says that India is a home to almost
all major religions in the world. In the context of this plurality (means more than one
or two; many), secularism is seen as a great constitutional value. Secularism implies
that our country is not guided by any one religion or any religious considerations.
However, the Indian state is not against religions. It allows all its citizens to profess,
preach and practise any religion they follow. At the same time, it ensures that the state
does not have any religion of its own. Constitution strictly prohibits any discrimination
on the ground of religion.
4. Democracy: The Preamble reflects democracy as a value. As a form of government, it
derives its authority from the will of the people. The people elect the rulers of the
country and the elected representatives remain accountable to the people. The people
of India elect them to be part of the government at different levels by a system of
universal adult franchise, popularly known as ‘one man one vote’. Democracy
contributes to stability, continuous progress in the society and it secures peaceful
political change. It allows dissent and encourages tolerance. And more importantly, it
is based on the principles of rule of law, inalienable rights of citizens, independence of
judiciary, free and fair elections and freedom of the press.
5. Republic: India is not only a democratic nation but it is also a republic. The
most important symbol of being a republic is the office of the Head of the State, i.e. the
President who is elected and who is not selected on the basis of heredity, as is found in
a system with monarchy. This value strengthens and substantiates democracy where
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 every citizen of India is equally eligible to be elected as the Head of the State. Political
equality is the chief message of this provision.
6. Justice: At times you may also realise that living in a democratic system alone
does not ensure justice to citizens in all its totality. Even now we find a number of cases
where not only the social and economic justice but also the political justice is denied.
Which is why, the constitution-makers have included social, economic and political
justice as constitutional values. By doing so, they have stressed that the political
freedom granted to Indian citizens has to be instrumental in the creation of a new social
order, based on socio-economic justice. Justice must be availed to every citizen. This
ideal of a just and egalitarian society remains as one of the foremost values of the Indian
Constitution.
7. Liberty: The Preamble prescribes liberty of thought, expression, belief, faith and
worship as one of the core values. These have to be assured to every member of all the
communities. It has been done so, because the ideals of democracy cannot be attained
without the presence of certain minimal rights which are essential for a free and
civilized existence of individuals.
8. Equality: Equality is as significant constitutional value as any other. The Constitution
ensures equality of status and opportunity to every citizen for the development of the
best in him/her. As a human being everybody has a dignified self and to ensure its full
enjoyment, inequality in any form present in our country and society has been
prohibited. Equality reflected specifically in the Preamble is therefore held as an
important value.
9. Fraternity: There is also a commitment made in the Preamble to promote the value of
fraternity that stands for the spirit of common brotherhood among all the people of
India. In the absence of fraternity, a plural society like India stands divided. Therefore,
to give meaning to all the ideals like justice, liberty and equality, the Preamble lays
great emphasis on fraternity. In fact, fraternity can be realized not only by abolishing
untouchability amongst different sects of the community, but also by abolishing all
communal or sectarian or even local discriminatory feelings which stand in the way of
unity of India.
10. Dignity of the individual: Promotion of fraternity is essential to realize the dignity of
the individual. It is essential to secure the dignity of every individual without which
democracy can not function. It ensures equal participation of every individual in all the
processes of democratic governance.
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 11. Dignity of the individual: Promotion of fraternity is essential to realize the dignity of
the individual. It is essential to secure the dignity of every individual without which
democracy cannot function. It ensures equal participation of every individual in all the
processes of democratic governance.
12. International peace and a just international order: The value of international peace
and a just international order, though not included in the Preamble is reflected in other
provisions of the Constitution. The Indian Constitution directs the state (a) to promote
international peace and security, (b) maintain just and honourable relations between
nations, (c) foster respect for international law and treaty obligations, and (d) encourage
settlement of international disputes by arbitration. To uphold and observe these values
is in the interest of India. The peace and just international order will definitely
contribute to the development of India.
13. Fundamental Duties: Our Constitution prescribes some duties to be performed by the
citizens. It is true that these duties are not enforceable in the court of law like the
fundamental rights are, but these duties are to be performed by citizens. Fundamental
duties have still greater importance because these reflect certain basic values like
patriotism, nationalism, humanism, environmentalism, harmonious living, gender
equality, scientific temper and inquiry, and individual and collective excellence.

Concept of Constitutional Molarity (सवं ैधानिक िैनिकिा):

The concept of constitutional morality was propounded by the British Classicist named
George Grote in the 19th century in his book “A History of Greece.” It essentially implied a
“co-existence of freedom and self-imposed restraint”. It means that while citizens would
respect the Constitution and obey Constitutional authorities, they would also have the freedom
to criticize those Constitutional authorities, and Constitutional authorities would have to act
within the limits imposed by the law. The word Constitutional Morality was first propounded
by the British Classicist named George Grote in the 19th century in his book “A History of
Greece. In Indian context, the word Constitutional Morality was first propounded by Dr. B.R
Ambedkar. Dr. B.R Ambedkar in November 1948 in parliamentary debate with respect to the
details of administration included in the draft constitution. He described it as adherence to the
constitutional principles and the spirit of the document, even in the face of societal and political
pressures. Constitutional morality requires individuals, institutions, and governments to act
within the framework of the Constitution while upholding its core values.

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Ambedkar, drawing on the work of Grote, formulated his understanding of constitutional
morality as an effective coordination between conflicting interest of different people and the
administrative cooperation to solve those issues or conflicts amicably without indulging in any
major confrontations or resorting to violent revolutions. According to him, constitutional
morality was the answer to the existing disparity in the society and the doctrine primarily
translated to respect among stakeholders in a republic for Constitutional democracy as the
accepted form of governance and administration. The term ‘Constitutional Morality’ is not
found in Indian Constitution. Nevertheless, we find mention of the word “morality” in
conjunction with “public order” in the constitution at various places.

“CM essentially implied a “co-existence of freedom and self-imposed restraint”. It means

that while citizens would respect the Constitution and obey Constitutional authorities, they
would also have the freedom to criticize those Constitutional authorities, and Constitutional
authorities would have to act within the limits imposed by the law.”

Components of Constitutional Morality:

1. Adherence to Rule of Law: Constitutional morality demands strict adherence to the

rule of law, ensuring that all individuals and institutions operate within the legal
framework.

2. Protection of Fundamental Rights: It upholds the sanctity of fundamental rights,

ensuring that every individual enjoys equality, freedom, and dignity.

3. Respect for Diversity: Constitutional morality emphasizes inclusivity and tolerance,

recognizing India's pluralistic society.

4. Accountability and Transparency: It requires public officials and institutions to act

responsibly and transparently, reflecting the democratic ethos of the Constitution.

5. Balancing Power: Constitutional morality ensures the separation of powers among the
legislature, executive, and judiciary, maintaining a system of checks and balances.

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Patriotic Values and Ingredients of National Building (देशभनि के मूल्य और राष्ट्रीय निमााण के
ित्व:):

Patriotism, the unwavering love and devotion for one’s country, forms the backbone of
national identity and unity. It is a force that inspires individuals to work for the collective
good, fostering a spirit of collaboration and resilience. In the broader context of nation-
building, patriotic values are not just ideals but essential components that drive progress,
stability, and prosperity.

Patriotic Values: The Foundation of National Unity

Patriotic values are deeply rooted in respect, responsibility, and a sense of belonging. They
encourage citizens to prioritize national interests over personal gains, ensuring a cohesive
and harmonious society. Key patriotic values include:

1. Respect for Diversity: Embracing the cultural, linguistic, and religious diversity of a
nation fosters mutual understanding and acceptance.

2. Commitment to Justice: Upholding fairness and equality strengthens trust in national

institutions and reinforces social cohesion.

3. Responsibility and Accountability: Active participation in civic duties and adherence

to laws demonstrate a commitment to the nation’s well-being.

4. Pride in National Heritage: Celebrating a nation’s history, achievements, and symbols

nurtures a collective identity and inspires future generations.

Ingredients of Nation-Building: Nation-building is a multifaceted process that requires a

strategic blend of governance, education, infrastructure, and community engagement. The
following ingredients are crucial for effective nation-building:

1. Strong Leadership: Visionary leaders guide the nation toward growth, unity, and
sustainability. Their ability to inspire and mobilize citizens is pivotal.

2. Effective Governance: Transparent and inclusive governance ensures political

stability, economic growth, and social justice.

3. Education: A robust education system equips citizens with knowledge, skills, and
values necessary for personal and national development.

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4. Economic Development: A thriving economy provides opportunities, reduces
inequalities, and fosters innovation.

5. Social Cohesion: Promoting inclusivity and addressing grievances prevent societal

divisions and conflicts.

6. Rule of Law: A fair and impartial legal system safeguards citizens’ rights and maintains
order.

7. Infrastructure Development: Investments in transportation, communication, and

energy systems lay the groundwork for economic and social progress.

Interconnection Between Patriotism and Nation-Building: Patriotism and nation-

building are intricately linked. A patriotic populace supports policies and initiatives that
strengthen the nation, while effective nation-building fosters a sense of pride and loyalty
among citizens. This symbiotic relationship ensures that the nation progresses while
maintaining its core values and identity.

Fundamentals Rights and Duties:

In everyday life we often talk of our rights. As members of a democratic country, we may
speak of such rights as the right to vote, the right to form political parties, the right to contest
elections and so on. But apart from the generally accepted political and civil rights, people
today are also making new demands for rights such as the right to information, right to
clean air or the right to safe drinking water. Rights are claimed not only in relation to our
political and public lives but also in relation to our social and personal relationships.
Moreover, rights may be claimed not only for adult human beings but also for children,
unborn foetuses, and even animals.

What are rights: right is essentially an entitlement or a justified claim. It denotes

what we are entitled to as citizens, as individuals and as human beings. It is something that
we consider to be due to us; something that the rest of society must recognise as being a
legitimate claim that must be upheld. This does not mean that everything that I regard
to be necessary and desirable is a right. I may want to wear the clothes of my choice to
school rather than the prescribed uniform. I may want to stay out late at night but this does
not mean that I have a right to dress in any way I like at school or to return home when I
choose to do so. There is a distinction between what I want and think I am entitled to, and
what can be designated as rights.

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Fundamental rights of the Indian constitution are the basic rights provided by the
constitution of India to its citizens. These rights are essential for the development of the
personality of every individual. They are also needed to preserve human dignity. There are
six fundamental rights guaranteed by the Indian Constitution. They are as follows:

1. Right to Equality

2. Right to freedom

3. Right against exploitation

4. Right to freedom of Religion

5. Cultural and Educational Rights

6. Right to constitutional Remedies

• The fundamental rights of Indian constitution are given by articles 12 to 35 of the

constitution.

• Article 12 defines the State and article 13 defines the laws inconsistent with or in
derogation of Fundamental Rights.

The six fundamental rights of Indian constitution are discussed in detail in the subsequent
sections.

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1. Right to Equality

The right to equality is given in the articles 14–18 of the Indian constitution. The articles under
the right to equality include the following:

Article 14: Equality before law

Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth.

Article 16: Equality of opportunity in matters of public employment.

Article 17: Abolition of Untouchability.

Article 18: Abolition of titles: This article aims to abolish titles such as Rai Bahadur, Raj
Bahadur, Maharaja, Taluqdar, Zamindar, etc., because using such titles does not give equal
status for all.

2. Right to freedom
Equality and freedom or liberty, are the two rights that are most essential to a
democracy. It is not possible to think of the one without thinking of the other. Liberty
means freedom of thought, expression and action. However, it does not mean freedom
to do anything that one desires or likes. If that were to be permitted then a large number
of people will not be able to enjoy their freedom. Therefore, freedoms are defined in
such a manner that every person will enjoy her freedom without threatening freedom of
others and without endangering the law and order situation.

The right to freedom is given in the articles 19–22 of the Indian constitution.

Article 19: Protection of certain rights regarding freedom of speech, etc.

Article 20: Protection in respect of conviction for offences.

Article 21: Protection of life and personal liberty.

Article 21-A: Right to Education

Article 22: Protection Against Arrest and Detention in certain cases

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3. Right against Exploitation
In our country there are millions of people who are underprivileged and deprived. They
may be subjected to exploitation by their fellow human beings. One such form of
exploitation in our country has been beggar or forced labour without payment. Another
closely related form of exploitation is buying and selling of human beings and using
them as slaves. Both of these are prohibited under the Constitution. Forced labour was
imposed by landlords, moneylenders and other wealthy persons in the past. Some
form of bonded labour still continues in the country, especially in brick kiln work. It
has now been declared a crime and it is punishable. The Constitution also forbids
employment of children below the age of 14 years in dangerous jobs like factories and
mines. With child labour being made illegal and right to education becoming a
fundamental right for children, this right against exploitation has become more
meaningful.

The right to freedom is given in the articles 23 and 24 of the Indian constitution. They are:

Article 23: Prohibition of traffic in human beings and forced labour:

Article 24: Prohibition of employment of children in factories, etc.:

4. Right to freedom of Religion

According to our Constitution, everyone enjoys the right to follow the religion of his or
her choice. This freedom is considered as a hallmark of democracy. Historically, there
were rulers and emperors in different parts of the world who did not allow residents of
their countries to enjoy the right to freedom of religion. Persons following
a religion different from that of the ruler were either persecuted or forced to convert to
the official religion of the rulers. Therefore, democracy has always incorporated the
freedom to follow the religion of one’s choice as one of its basic principles.

The right to freedom is given in the articles 25 – 28 of the Indian constitution.

Article 25: Freedom of conscience and free profession, practice and propagation of religion

Article 26: Freedom to manage religious affairs

Article 27: Freedom as to the payment of taxes for promotion of any particular religion

Article 28: Freedom as to attendance at religious instruction or religious worship in certain

educational institutions

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5. Cultural and Educational Rights
When we talk of the Indian society, the image of diversity comes before our minds.
India is not made up of a monolithic society. We are a society that has vast diversity. In
such a society that is full of diversity, there would be social sections which are small in
numbers compared to some other groups. If a group is in minority, will it have to adopt
the culture of the majority? Our Constitution believes that diversity is our strength.
Therefore, one of the fundamental rights is the right of the minorities to
maintain their culture. This minority status is not dependent only upon religion.
Linguistic and cultural minorities are also included in this provision. Minorities are
groups that have common language or religion and in a particular part of the country or
in the country as a whole, they are outnumbered by some other social section. Such
communities have a culture, language and a script of their own, and have the right to
conserve and develop these. All minorities, religious or linguistic, can set up their own
educational institutions. By doing so, they can preserve and develop their own culture.
The government will not, while granting aid to educational institutions, discriminate
against any educational institution on the basis that it is under the management of
minority community.

The right to freedom is given in the articles 29 and 30 of the Indian constitution.

Article 29: Protection of interests of minorities.

Article 30: Right of minorities to establish and administer educational institutions.

6. Right to constitutional Remedies

The right to Constitutional Remedies gives the citizens the right to approach the Supreme
Court or the High Court to implement the fundamental rights. The Courts can issue orders
to the government to implement the rights. The right to constitutional remedies is given by
articles 32-35 of the constitution.

Article 32: According to this article, the Courts can grant 5 types of writs namely, Habeas
Corpus, Mandamus, Quo Warranto, Prohibition and Certiorari. Each of this writ is
explained below: (The Supreme Court and the High Courts can issue orders and give
directives to the government for the enforcement of rights. The courts can issue various
special orders known as writs (प्रादेश).)

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1. Habeas Corpus: A writ of habeas corpus means that the court orders that the arrested
person should be presented before it. It can also order to set free an arrested person if
the manner or grounds of arrest are not lawful or satisfactory

2. Mandamus: This writ is issued when the court finds that a particular office holder is not
doing legal duty and thereby is infringing on the right of an individual.

3. Quo Warranto – If the court finds that a person is holding office but is not entitled to
hold that office, it issues the writ of quo warranto and restricts that person from acting
as an office holder.

4. Prohibition – This writ is issued by a higher court (High Court or Supreme Court) when
a lower court has considered a case going beyond its jurisdiction.

5. Certiorari – Under this writ, the court orders a lower court or another authority to transfer
a matter pending before it to the higher authority or court.

Article 33: This article gives powers to the Parliament to restrict or revoke (remove) the
fundamental rights of the ‘Members of the Armed Forces, paramilitary forces, police
forces, intelligence agencies and analogous forces

Article 34: According to this article, the fundamental rights can be restricted when martial
law (military rule) is implemented.

Article 35: This article provides authority to the Parliament to make laws on Fundamental
Rights.

Fundamental Duties:

➢ Fundamental Duties are the moral responsibilities of the citizens of India to help
promote a patriotic spirit and to uphold the unity of our country.
➢ The fundamental duties were incorporated under Part IV-A of the Constitution by The
Constitution (42nd Amendment) Act, 1976.
➢ Article 51(A) of the constitution describes 11 fundamental duties.
➢ It states that it shall be the duty of every Indian citizen:
(a) to abide by the Constitution and to respect its ideals and institutions, the National
Anthem and the National Flag;
(b) to cherish the noble ideals which inspired our national freedom struggle and follow
them;

18
 (c) to uphold and to protect the unity, sovereignty, and integrity of the Indian nation;
(d) to defend the country and render national service whenever called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of
India transcending religious, linguistic and regional or sectional diversities; to renounce
practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and
wildlife, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual as well as collective activity so
that the nation constantly rises to higher levels of endeavour and achievement;
(k) who is a parent or guardian to provide opportunities for education to his child or, as the case
may be, ward between the age of six and fourteen years.

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20
Directive Principle of State Policy:

Directive Principles are certain ideals, particularly aiming at socio-economic justice, which
according to the framers of the Constitution, Indian State should strive for. Dr. B. R. Ambedkar
described Directive Principles as a “Novel Feature” of the Constitution. They are in the nature
of general directions, instructions or guidelines to the State. Directive Principles embody the
aspirations of the people, objectives and ideals which Union and the State governments must
bear in mind while making laws and formulating policies. According to L.M. Singhvi; the
Directive Principles are the life-giving provisions of the Constitution. They represent the
philosophy of social justice incorporated in the Constitution of India. Although Directive
Principles are non-justiciable or they are not legally binding by any Courts, they however, are
fundamental in the governance of the country. They lay down a code of conduct for the
legislatures, executives and administrators of India to discharge their responsibilities in tune
with these ideals.

Philosophical base of the Directive Principle:

Directive Principles in the Indian Constitution are taken from the Constitution of Ireland. But
the idea and philosophy of these principles can be traced back to French declaration of human
rights, American declaration of independence, liberal as well as socialist philosophy of 19th
century and our own, Gandhian Concept of Sarvodaya. Ivor Jennings has observed that
philosophy underlying most of the Directive Principles, is “Fabian Socialism”. Many of our
Constitution makers were under the great influence of Socialism and Gandhism. So, through
these provisions and principles they laid down the Socialistic Pattern of Society and Gandhian
Ideal State as the objective, which the Indian State should strive to achieve. Article-37 of the
Constitution, states about the application of the Directive Principles, which says that the
provisions contained in this part (Part-IV) shall not be enforceable by any Court but principles
there in laid down, are nevertheless fundamental in the governance of the country and it shall
be the duty of the State to apply these principles while making the laws.

Classification of the Directive Principles: Principle of State Policy:

The Directive Principles are classified on the basis of their ideological source and objectives.
For the sake of making their study convenient, we can broadly place them in four categories,
these are

21
1. Economic and Social Principles;
2. Directives Based on Gandhian Principles;
3. Directive Principles relating io International Peace;
4. Miscellaneous.

1. The Economic and Social Principles: A large number of Directive Principles are
socialistic in nature and dedicated to achieve social and economic welfare of the people
with the objective to establish India as a Welfare State. Some of these principles are as
follows:
A. The State shall strive to promote the welfare of the people by securing and protecting
a social order in which justice, social, economic and political, shall inform all institutions
of national life (Article 38).
B. Articles 39 says that State shall in particular, direct its policies towards securing:
i. right to an adequate means of livelihood to all the citizens;
ii. the ownership and control of material resources shall be organised in a manner to
serve the common good;
iii. the operation of the economic system does not result in the concentration of the
wealth to the common detriment. In other words state shall avoid concentration
of wealth in few hands;
iv. equal pay for equal work for both men and women;
v. the protection of the strength and health of the workers; and
vi. that the childhood and youth are not exploited;
C. Article-42 declares that, the State shall make provisions for securing just and humane
conditions of work and for maternity relief.
D. According to Article-43, the State shall endeavour to secure to all workers a living wage
and a decent standard of life, while article 43A says that the State shall take steps to
secure the participation of workers in the management of industries.
2. Directives Based on Gandhian Principles: Mahatma Gandhi was the main guiding
force during our freedom struggle. He had tremendous influence over the common
people as well as framers of the Constitution. There are certain directives principles as
aiming at implementing Gandhian Principles. These are as follows;
i. State shall take steps to organise village panchayats as units of Self Government
(Article-40)

22
 ii. The State shall endeavour to promote cottage industries on an individual or
cooperative basis in rural areas, (Article-43)
iii. Article-45 provides for free and compulsory education to all children till the
age of 14 years. This original provision was amended by 86th Constitutional
Amendment Act 2002, it now declares that, “the State shall endeavour to
provide early childhood care and education for all children until they complete
the age of 14 years.” (Article 21-A).
iv. Article-46 lays down that the State shall promote educational and economic
interests of the weaker sections of the people particularly that of the Scheduled
Castes (SCs) and Scheduled Tribes (STs) and other weaker sections.
v. Article-47 states that State shall take steps to improve public health and prohibit
consumption of intoxicating drinks and drugs that are injurious to health.
vi. Article-48 says that, State shall take steps to prohibit slaughter of cows, calves
and other milch and draught cattle.
3. Directive Principles Relating to International Peace and Security: A year after the
end of the Second World War, constitution making process began in India. It was
obvious that members of our Constituent Assembly were deeply concerned about
international peace and security. Through Directive Principles of State Policy, they tried
to ensure that Government of free India should render active cooperation for world
peace and security. Article 51 declares that to establish international peace and security
the State shall endeavour to –
i. promote international peace and security;
ii. maintain just and honourable relations with the nations;
iii. foster respect for international law and treaty obligations; and
iv. encourage settlement of international disputes by arbitration.
4. Miscellaneous Directive Principles: The fourth category of Directive Principles
Contains some general subjects which are sometimes termed as liberal principles. These
are as follows;
i. Article-44: The State shall endeavour to secure for the citizen a uniform civil
code through the territory of India.
ii. Article-48A: Directs the State to protect and improve the environment and to
safeguard the forests and wildlife of the country
iii. Article-49: State should protect every monument or place of artistic or historic
interest.
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 iv. Article-50: The State shall take steps to separate judiciary from the executive in
the public services of the State.
The makers of our Constitution knew that independent India was going to face many
challenges. Foremost among these was the challenge to bring about equality and well-being of
all citizens. They also thought that certain policy direction was required for handling these
problems. At the same time, the Constitution did not want future governments to be bound by
certain policy decisions. Therefore, some guidelines were incorporated in the Constitution
but they were not made legally enforceable: this means that if a government did not implement
a particular guideline, we cannot go to the court asking the court to instruct the government to
implement that policy.
Thus, these guidelines are ‘non-justiciable’ i.e., parts of the Constitution that cannot be
enforced by the judiciary. Those who framed our Constitution thought that the moral force
behind these guidelines would ensure that the government would take them seriously. Besides,
they expected that the people would also hold the governments responsible for implementing
these directives. So, a separate list of policy guidelines is included in the Constitution. The list
of these guidelines is called the Directive Principles of State Policy.

What do the Directive Principles contain? The chapter on Directive Principles lists mainly three
things:

1. the goals and objectives that we as a society should adopt;

2. certain rights that individuals should enjoy apart from the Fundamental Rights; and
3. certain policies that the government should adopt.

You may get some idea of the vision of makers of our Constitution by looking at some of the
Directive Principles shown below:
The governments from time to time tried to give effect to some Directive Principles of State
Policy. They passed several zamindari abolition bills, nationalised banks, enacted numerous
factory laws, fixed minimum wages, cottage and small industries were promoted and
provisions for reservation for the uplift of the scheduled castes and scheduled tribes were made.
Such efforts to give effect to the Directive Principles include the right to education, formation
of panchayati raj institutions all over the country, partial right to work under employment
guarantee programme and the mid-day meal scheme etc.

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Relationship between fundamental rights and directive principles:

It is possible to see both Fundamental Rights and Directive Principles as complementary to

each other. Fundamental Rights restrain the government from doing certain things while
Directive Principles exhort the government to do certain things. Fundamental Rights mainly
protect the rights of individuals while directive principles ensure the well-being of the entire
society. However, at times, when government intends to implement Directive Principles of
State Policy, it can come in conflict with the Fundamental Rights of the citizen. This problem
arose when the government sought to pass laws to abolish zamindari system. These measures
were opposed on the ground that they violated right to property. However, keeping in mind the
societal needs that are greater than the individual interests, the government amended the
Constitution to give effect to the Directive Principles of State Policy. This led to a long legal
battle. The executive and the judiciary took different positions. The government claimed that
rights can be abridged for giving effect to Directive Principles. This argument assumed that
rights were a hindrance to welfare of the people. On the other hand, the court held the view that
Fundamental Rights were so important and sacred that they cannot be limited even for purposes
of implementing Directive Principles.

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 UNIT II: Humanistic Values

Humanism: Humanism is a way of thinking that focuses on people and their well-being. It
values kindness, fairness, and respect for everyone. Humanism encourages using reason and
science to solve problems, making the world a better place for all. It believes in helping others,
protecting human rights, and living a good life without relying on religious or supernatural
ideas.

Human Virtue and Civic Sense: Foundations of a Harmonious Society

Human virtue and civic sense are two essential pillars that uphold the moral and social fabric
of a community. While human virtue refers to the qualities that define good character, civic
sense is the awareness and practice of responsibilities as citizens. Together, they foster
individual growth and create a society based on mutual respect, cooperation, and progress.

Understanding Human Virtue

Human virtue refers to the positive traits and qualities that guide our actions and decisions.
These include honesty, compassion, integrity, kindness, and respect for others. Virtues are not
innate; they are cultivated through conscious effort, education, and reflection.

Some key virtues include:

1. Honesty: Being truthful in actions and words.

2. Empathy (सहानुभूति): Understanding and sharing the feelings of others.

3. Patience: Staying calm and composed, even in challenging situations.

4. Courage: Facing fears and standing up for what is right.

5. Gratitude (आभार/): Appreciating what we have and acknowledging the contributions of

others.

A virtuous individual not only strives for personal excellence but also contributes positively to
society by inspiring others to act virtuously.
What is Civic Sense?

Civic sense refers to the sense of responsibility and respect a person shows toward their
community and public spaces. It encompasses behavior and attitudes that promote the common
good, such as:

• Following traffic rules.

• Keeping public areas clean.

• Respecting others’ rights and property.

• Participating in community welfare activities.

• Adhering to social etiquette, such as standing in queues or being punctual.

Civic sense is a reflection of a society’s values and discipline. It demonstrates how individuals
interact with their surroundings and contribute to maintaining harmony and order.

The Connection Between Human Virtue and Civic Sense

Human virtues form the foundation of civic sense. For instance:
• Respect leads to treating public spaces with care and being considerate of others’
comfort.
• Integrity ensures honesty in civic duties, like paying taxes and abiding by laws.
• Empathy drives individuals to help those in need and volunteer for social causes.
• Responsibility motivates actions that prioritize the collective welfare over personal
convenience.
When human virtues are nurtured, they naturally manifest as civic sense, resulting in a
community where cooperation and mutual respect thrive.

Importance in Modern Society

1. Building Trust: Virtues like honesty and respect foster trust among individuals,
essential for a peaceful and functional society.
2. Enhancing Quality of Life: Civic sense ensures clean, safe, and orderly public spaces,
improving the quality of life for everyone.
3. Promoting Social Harmony: Virtues and civic responsibilities reduce conflicts and
encourage collaboration.
4. Encouraging Good Governance: Responsible citizens hold governments accountable
and actively participate in democratic processes.
Examples of Virtue and Civic Sense in Action
1. Public Cleanliness: Communities organizing clean-up drives reflect the virtues of
responsibility and care for the environment.
2. Traffic Discipline: Adhering to traffic rules, such as stopping for pedestrians or not
honking unnecessarily, showcases respect and patience.

3. Volunteering: Helping at shelters, donating to charities, or planting trees are examples

of empathy and social responsibility.
4. Protesting Peacefully: Advocating for rights without resorting to violence highlights
courage, integrity, and respect for law and order.
Challenges to Civic Sense and Virtue
Modern lifestyles, urbanization, and individualistic attitudes often pose challenges to civic
sense and virtues. Issues like littering, road rage, and lack of community engagement stem from
apathy or ignorance. However, these can be addressed through education, awareness
campaigns, and role modelling by leaders and influencers.
Cultivating Virtue and Civic Sense
1. Education: Schools should emphasize moral education and practical lessons on civic
responsibilities. Example: Organizing field trips where students clean up a park or plant
trees.
2. Role Models: Parents, teachers, and community leaders must embody virtues to inspire
others. Example: A teacher showing kindness and patience while addressing students’
mistakes.
3. Community Initiatives: Participating in local activities can reinforce the importance
of collective responsibility. Example: Forming neighbourhood watch groups to ensure
safety or conducting blood donation camps.
4. Accountability: Laws and regulations should be enforced to ensure civic duties are not
neglected. Example: Penalties for littering or breaking traffic rules can instill discipline.

Social Responsibilities of Human Beings:

Human beings are inherently social creatures, thriving in communities where interdependence
and mutual support form the backbone of societal progress. Social responsibility refers to the
ethical obligations individuals have toward their community and society at large. It
encompasses actions that contribute to the well-being, stability, and growth of society while
balancing personal interests with collective welfare. Social responsibilities extend across
various dimensions of life, including environmental stewardship, respect for human rights,
economic contributions, and ethical behavior in daily interactions. By fulfilling these
responsibilities, individuals create a harmonious society where everyone can prosper.

Why Social Responsibility Matters:

1. Promotes Community Welfare: Social responsibility ensures that resources,
opportunities, and rights are distributed equitably, fostering a supportive environment
for all.
2. Builds Trust and Cooperation: When people act responsibly, they create a culture of
trust and collaboration, which strengthens social bonds.
3. Addresses Global Challenges: Issues such as poverty, climate change, and inequality
require collective action, making individual contributions vital.
4. Ensures Long-term Sustainability: Responsible behavior toward natural resources
and future generations secures a sustainable future for humanity.
Dimensions of Social Responsibility:
1. Personal Responsibility
• Respect for Others: Treating everyone with dignity, regardless of their background,
fosters inclusivity.
• Empathy and Kindness: Acts like helping neighbours in distress or volunteering at
shelters exemplify compassion.
• Honesty and Integrity: Being truthful in personal and professional relationships builds
trust within society.
2. Environmental Responsibility
• Reducing Pollution: Proper disposal of waste, avoiding single-use plastics, and using
renewable energy sources contribute to a healthier planet.
• Planting Trees: Participating in afforestation drives to combat deforestation and
climate change.
• Water and Energy Conservation: Turning off lights when not in use and reducing
water wastage are simple yet impactful actions.
3. Civic Responsibility
• Participating in Governance: Voting, attending town hall meetings, and voicing
opinions on public policies ensure that governance reflects public needs.
• Obeying Laws: Following traffic rules, paying taxes, and respecting public property
contribute to societal order.
 • Community Engagement: Joining community initiatives like cleanliness drives or
safety programs strengthens local communities.
4. Economic Responsibility
• Supporting Local Businesses: Buying from local markets boosts the economy and
supports livelihoods.
• Fair Practices at Work: Employers and employees should act ethically, ensuring fair
wages, equal opportunities, and a safe working environment.
• Philanthropy: Donating to charities or funding educational programs for
underprivileged groups helps bridge inequality.
5. Global Responsibility
• Advocating for Human Rights: Speaking against injustice, supporting marginalized
groups, and raising awareness about global issues promote equity.
• Combating Climate Change: Advocating for sustainable policies and reducing one’s
carbon footprint are crucial in addressing this global crisis.
• Participating in International Aid: Contributing to disaster relief funds or supporting
refugees reflects a commitment to global welfare.

Examples of Social Responsibility in Action

1. Environmental Initiatives:
• Greta Thunberg’s climate activism has inspired millions to adopt sustainable
practices and demand policy changes.
• Community-led efforts like "Plastic Free July" encourage individuals to reduce
their plastic consumption.
2. Corporate Social Responsibility (CSR):
• Companies like Patagonia and IKEA focus on sustainable business practices,
such as using eco-friendly materials and supporting renewable energy projects.
3. Education and Literacy Programs:
• Organizations like Teach for All work toward providing quality education to
underserved communities.
• Individuals tutoring children in their neighbourhood or donating books to
libraries promote education at a grassroots level.
 4. Healthcare Contributions:
• Volunteering at blood donation camps or supporting initiatives like the Red
Cross to provide medical aid in disaster-stricken areas.
• During the COVID-19 pandemic, many individuals and organizations donated
oxygen cylinders, medicines, and food to those in need.
5. Supporting Marginalized Groups:
• Advocating for LGBTQ+ rights, women’s empowerment, or disability inclusion
promotes equality.
• Initiatives like #MeToo have highlighted the importance of addressing
harassment and ensuring safe spaces for everyone.
Challenges to Fulfilling Social Responsibilities:
1. Individualism vs. Collectivism: In a highly individualistic world, prioritizing personal
gains often overshadows collective responsibilities.
2. Lack of Awareness: Many people are unaware of how their actions impact society or
how they can contribute positively.
3. Economic Inequality: People struggling to meet basic needs may find it difficult to
focus on broader social issues.
4. Resistance to Change: Adopting socially responsible behavior, such as reducing
plastic use, can be met with inertia or resistance.
How to Foster Social Responsibility:
1. Education: Schools and colleges should teach students about civic duties,
environmental conservation, and ethical living.
2. Role Models: Influencers, community leaders, and public figures must set examples of
socially responsible behavior.
3. Community Involvement: Local groups should organize activities like cleanliness
drives, tree plantations, or awareness campaigns.
4. Government Policies: Enforcing regulations on pollution, corporate accountability,
and public welfare ensures wider compliance.

The Ripple Effect of Social Responsibility:

Social responsibility has a profound ripple effect: small actions by individuals inspire others,
creating a chain of positive change. For example, a neighbourhood that collectively works to
reduce waste can motivate other communities to adopt similar practices.
Thus, the social responsibilities of human beings extend beyond individual interests to
encompass the well-being of society and the planet. From treating others with kindness to
advocating for systemic changes, every action counts. By embracing these responsibilities, we
contribute to a more equitable, sustainable, and harmonious world. Social responsibility is not
a burden—it is a shared privilege and an opportunity to shape a better future for all.

Ethical Ways to Deal with Human Aspirations:

Human aspirations—the dreams, goals, and ambitions that drive individuals—are essential for
personal growth and societal progress. However, the pursuit of aspirations must align with
ethical principles to ensure fairness, respect, and the well-being of all. Balancing ambition with
ethical considerations allows individuals to achieve their goals without compromising their
values or harming others.
This article explores ethical ways to handle human aspirations, emphasizing self-awareness,
responsible decision-making, and a commitment to collective welfare.
Understanding Human Aspirations:
Aspirations vary widely among individuals, shaped by personal experiences, societal norms,
and cultural values. They can include:
1. Career Growth: Climbing the corporate ladder, starting a business, or pursuing
professional excellence.
2. Material Desires: Acquiring wealth, property, or other possessions.
3. Personal Development: Achieving educational milestones, gaining new skills, or
improving health.
4. Social Impact: Contributing to the community, advocating for social justice, or leaving
a legacy.
While aspirations are natural and often noble, their pursuit can sometimes lead to ethical
dilemmas. For instance, chasing success at the expense of honesty or exploiting others for
personal gain undermines both individual integrity and societal harmony.
Key Principles for Ethical Aspiration Management:
1. Self-Awareness
• Reflect on your aspirations and their underlying motivations. Ask yourself:
o Are my goals aligned with my values?
o Will achieving this aspiration harm or benefit others?
 • Example: A student aspiring to excel in academics can focus on disciplined study rather
than resorting to unethical practices like plagiarism.
2. Honesty and Integrity
• Pursue aspirations through transparent and truthful means. Avoid shortcuts or dishonest
tactics, even when faced with challenges.
• Example: An entrepreneur should focus on providing quality products rather than
misleading customers with false advertising.
3. Respect for Others
• Consider how your aspirations affect those around you. Avoid actions that exploit,
harm, or disadvantage others.
• Example: A professional seeking a promotion should strive for excellence rather than
sabotaging colleagues.
4. Sustainability
• Ensure that your aspirations do not deplete resources or harm the environment.
• Example: An industrialist aspiring to grow their business can adopt eco-friendly
practices, balancing profit with environmental stewardship.
5. Balance Between Personal and Social Goals
• Strive for personal success while contributing to the welfare of others.
• Example: A doctor aspiring for career growth can participate in community health
initiatives alongside personal practice.
Ethical Practices to Achieve Aspirations:
1. Setting Realistic and Fair Goals
• Unrealistic aspirations can lead to frustration and unethical behavior. Break down goals
into manageable steps and evaluate their feasibility.
• Example: Instead of aiming for instant wealth, focus on gradual financial growth
through hard work and ethical investments.
2. Adopting a Growth Mindset
• Embrace challenges as opportunities to learn and grow. Avoid unethical shortcuts or
despair in the face of setbacks.
• Example: A scientist pursuing innovation can persevere through failed experiments
rather than falsifying results for quick recognition.
3. Practicing Empathy
• Understand and respect the aspirations of others. Foster collaboration rather than
competition.
• Example: In a workplace, supporting colleagues’ goals can create a culture of teamwork
and mutual respect.
4. Seeking Guidance and Mentorship
• Consult mentors or trusted individuals when faced with ethical dilemmas. Their insights
can help align your actions with ethical standards.
• Example: A young politician can seek advice from experienced leaders to avoid corrupt
practices while pursuing public service goals.
5. Maintaining Transparency
• Be open about your aspirations and the methods you use to achieve them. Transparency
builds trust and accountability.
• Example: A non-profit organization should clearly communicate how funds are utilized
to achieve their mission.
6. Contributing to Society
• Align personal aspirations with societal benefits. This creates a sense of purpose and
ensures ethical alignment.
• Example: An artist aspiring for fame can use their platform to raise awareness about
social issues.
Overcoming Ethical Challenges:
1. Temptation to Compromise
• The desire for quick success can lead to ethical compromises. Stay committed to your
values, even when the path is difficult.
• Solution: Regularly revisit your core values and remind yourself of the long-term
consequences of unethical actions.
2. Pressure from Society
• Societal expectations can push individuals toward unethical practices, such as excessive
materialism or competition.
• Solution: Focus on intrinsic motivations rather than external validation.
3. Conflict of Interests
• Balancing personal aspirations with obligations to others can be challenging.
• Solution: Communicate openly with stakeholders and find mutually beneficial
solutions.
Examples of Ethical Aspirations:
1. Mahatma Gandhi: His aspiration for India’s independence was rooted in ethical
principles of non-violence and truth.
2. Greta Thunberg: Her climate activism demonstrates a commitment to environmental
sustainability and intergenerational responsibility.
3. Malala Yousafzai: Her pursuit of education rights for girls globally reflects the
alignment of personal aspirations with social justice.
Benefits of Ethical Aspiration Management:
1. Personal Fulfilment: Ethical pursuits bring lasting satisfaction and a clear conscience.
2. Social Respect: Integrity and fairness earn trust and admiration from others.
3. Long-term Success: Ethical behavior builds a solid foundation for sustainable
achievements.
4. Positive Impact: Responsible aspirations contribute to societal progress and inspire
others.
So, in conclusion, dealing with human aspirations ethically is not just about achieving goals; it
is about doing so in a way that upholds values, respects others, and benefits society. By
adopting honesty, empathy, sustainability, and a sense of collective responsibility, individuals
can align their ambitions with the greater good. Ultimately, ethical aspirations lead to not only
personal success but also a more just and harmonious world.
Harmony (सामंजस्य या िालमेल।) With Society and Nature:
Harmony in the public eye is the unbiased remain by individuals to when in doubt refrain from
interfering according to the essence of people without disturbing others. Producing an
aggregate cognizance is the most straightforward approach to accomplish this. Harmony of the
body with its encompassing condition is a state accomplished by achieving a harmony amongst
inward and outside nature. Reflection, charming personality, solid living propensities and
consistent exercise can influence us to accomplish this. Harmony is the state of social behaviour
where each individual postponements/controls their own or religious or racial satisfactions for
the strengthening of shared associations with other individuals/creatures (including animals
and nature) in the public arena/condition and admirably maintains a strategic distance from
the circumstances that can raise pointless clashes.
Harmony is unity in variety. Harmony is when many things are reduced to some unity. For
where there is no variety, there is no harmony. Conversely, where variety is without order,
without proportion, there is no harmony. Hence, it is evident that the greater the variety and the
unity in variety, this variety is harmonious to a higher degree. Harmony is part of the static
foundation of the universe according to a rational and intelligible plan. It exists for all time and
has a universal validity, a mathematical form which can be recognized by all rational beings.
Harmony is the epitome of clear order, even numerical precision. It is the greatest expression
of the universe’s ultimate intelligibility, order, and inspired creation.
Classification of Harmony:
1. Family: Family is where a man takes birth and is raised. His qualities are to a great
extent molded by his family condition and the qualities inclinations of his relatives
particularly guardians.
2. Nation and Government: Nation is where a man lives in or carry out work and so on.
National convictions and qualities for one’s own country and those for different
countries do impact the social harmony. The capacity of government is to utilize power
to guarantee common peace, equity, correspondence and freedom. Consequently, a
government ought to be straightforward, honest to goodness, just and responsible so as
to advance social harmony.
3. Organizations: The individual might be either a specialist, a serviceman or connected
with into a non-productive occupation. Whatever might be the situation, his idea of
having great relations with others are to a great extent impacted by his work culture and
partners.
4. Community and Neighbourhoods: ‘A man is known by the company he keeps’ is a
typical say. Henceforth the states of mind and propensities for individuals living in
neighbourhoods and network do to a great extent impact the people’s conviction about
social harmony and peace.

The idea of “harmony with society and nature” stems from an interconnected worldview,
recognizing that humans, society, and nature are part of a unified whole. This concept
emphasizes balance, sustainability, and mutual respect in how we live, interact with others, and
coexist with the environment. It is a philosophy that integrates ethics, environmentalism, and
social responsibility, and is often applied in areas like personal development, community
building, and sustainable development.
Key Components of Harmony with Society and Nature:
1. Harmony with Society:
• Social Equity and Justice: Ensuring fairness in access to resources, opportunities, and
rights. This involves addressing social inequalities and fostering inclusivity.
• Collaboration and Mutual Respect: Encouraging cooperative relationships based on
respect, understanding, and shared goals.
• Cultural Integration and Tolerance: Celebrating diversity and fostering cross-
cultural understanding, rather than allowing differences to lead to conflict.
• Community Engagement: Building strong, supportive communities through active
participation and shared responsibility.
2. Harmony with Nature:
• Sustainable Practices: Using natural resources efficiently, reducing waste, and
adopting practices that do not harm the environment.
• Biodiversity Conservation: Protecting ecosystems, wildlife, and plant species to
maintain the balance of life on Earth.
• Minimizing Environmental Impact: Reducing carbon footprints, mitigating
pollution, and addressing climate change proactively.
• Living in Sync with Natural Cycles: Acknowledging and respecting natural rhythms,
such as seasons, ecosystems, and planetary limits.
Philosophical Foundations:
1. Eastern Philosophy: Many Eastern traditions, like Taoism and Buddhism, emphasize
living in accordance with the natural order, practicing mindfulness, and reducing
desires that cause harm to others and the environment.
2. Indigenous Knowledge: Indigenous communities worldwide often emphasize the
interdependence of humans and nature, promoting practices like regenerative
agriculture and land stewardship.
3. Modern Environmental Ethics: The philosophy of "deep ecology" advocates for
recognizing the intrinsic value of all living beings and taking a holistic approach to
environmental well-being.
Applications in Real Life:
1. Personal Level:
• Practicing mindfulness to understand how one's actions impact others and the
environment.
 • Adopting an eco-friendly lifestyle, such as reducing single-use plastics or
conserving energy.
2. Community Level:
• Supporting local initiatives like urban farming, tree-planting drives, or social
inclusion programs.
• Promoting policies and programs that reduce social inequalities and protect
natural resources.
3. Global Level:
• Advocating for international climate agreements and global cooperation in
solving ecological challenges.
• Participating in movements for social justice, equity, and environmental
conservation.
Importance of Harmony with Society and Nature:
1. Human Well-Being:
➢ A balanced relationship with society fosters mental and emotional health
through better social support and inclusivity.
➢ A harmonious relationship with nature provides clean air, water, and food, all
essential for survival.
2. Sustainability:
➢ Ensures resources are preserved for future generations.
➢ Reduces risks of natural disasters caused by human activities like deforestation
and pollution.
3. Global Stability:
➢ Helps mitigate conflicts over resources by promoting equity and sustainable
practices.
➢ Contributes to addressing global issues like climate change, biodiversity loss,
and social unrest.
Challenges in Achieving Harmony:
1. Consumerism and Overexploitation: Overconsumption leads to environmental
degradation and societal inequality.
2. Inequalities: Disparities in wealth and access to resources hinder collective progress.
3. Lack of Awareness: Many people and institutions are unaware of the importance of
this balance.
The Concept of Social Harmony:
Social harmony is customary idea which suggests perfect society – nonappearance of
contention and individuals collaborating with each other. One of the parts of social amicability
is the “democracy and run of law” and “fairness and justice”. It mirrors an essential worry in
any general public. Social harmony is innately a social idea, installed in social associations,
and can possibly bolster a more adjusted hypothesis and routine with regards to capable
citizenship in the cutting-edge setting where the state is basically in charge of the welfare of
nationals. The concept of social harmony has a natural measurement moreover. It offers
more noteworthy potential for handling the undeniably critical inquiry of peaceful co-existence
amongst man and nature. The concept of social harmony goes back to old China, to the time of
Confucius. Thus, the philosophy has likewise been portrayed as a type of New Confucianism
(Guo and Guo, 15 August 2008). In present day times, it formed into a key element of General
Secretary Hu Jinato’s mark philosophy of the Scientific Development Concept created in the
mid-2000s, being re-presented by the HuWen Administration amid the 2005 National People’s
Congress. (Ruiping Fan (11 March 2010).
The term ‘social harmony’ alludes to the development of a harmonious society within the
aspects of a federal or communist republic. Social Harmony is characterized as a procedure of
esteeming, communicating, and advancing affection, trust, adoration, peace, congruity, regard,
liberality and value upon other individuals in a specific culture paying little heed to their
national origin, weight, conjugal status, ethnicity, colour, gender, race, age and occupation and
so on among different angles. Hence Social harmony is very fundamental for really being social
as being social additionally implies living harmoniously with each other. For this reason, we
should comprehend the distinctive establishments working in the general public and the social
connections existing between them.
Social harmony is the cardinal esteem and the most prized estimation of any culture. Social
congruity is an integrative incentive in a global, information society, which unites in itself love,
peace, justice, freedom, equality, brotherhood, cooperation, nonviolence, tolerance, humanism
and other universal values, and prioritizes children. Therefore, harmony is a common value for
western and eastern cultures and can eliminate the clash of civilizations. Social harmony
creates a harmonious and sustainable peace, beyond wars, terror and poverty
How To Understand Social Harmony:
Social harmony normatively to mean a social state which displays balance, alignment, mutual
support and flourishing. It is a state that is devoid of conflicts, tensions and discords. Social
harmony is not an all or nothing state but allows differences in degrees. The degree of harmony
a society has is contingent on the amount of harmony attributes it has in its major dimensions.
A society can exhibit different degrees of harmony over time, contingent on the differential
prevalence of its harmony elements at different times. Thus, a society can be highly
harmonious at time A, and become less harmonious at time B. Furthermore, at a given time, a
society can have one component in good harmony, while others in not so harmonious
conditions. When major dimensions of a society are in harmony, the society is experiencing
optimal harmony. When the major components of a society lack harmony, the society is
disharmonious. On a comparative basis, societies are unequal in harmony. Some societies are
more harmonious than other societies because they possess more harmonious elements than
others.
A society is balanced when the forces or interests are countered by other equal and opposing
forces or interest. In a balanced society no single force or interests becomes dominant to the
extent that other forces or interests are disadvantaged or suppressed. Alignment refers to a
condition that the elements and forces of a society are orderly interconnected and coordinated
to realize a function or objective. A well-aligned society is one where interests, needs,
relationships, activities and processes, rules as well as values and goals, are well coordinated
and integrated for a specific target or a common purpose. A mutually supportive and flourishing
society means that its inhabitants are mutually supportive of each other, while reciprocating
each other with help, good will and trust for mutual growth and prosperous thriving. Finally, a
society cannot be truly harmonious without being harmonious with nature that supports and
sustains it. Thus, a human-nature harmony is also a key ingredient of a harmonious society.
Summary: Social harmony requires diversity in tension as people come together to solve
social problems. Working through those problems is the preparatory phase, while the successful
implementation is the consummatory phase of harmonious community. This suggests that
harmonious communities are not constantly harmonious, but they have structures and
procedures that consistently promote repeated realizations of harmony. Tan identifies some of
these important features, including communication, shared meaning, inclusiveness, and
growth: In harmony, diverse constituents are ordered in a focus achieved through previously
developed organized responses…. Social harmony is the quality that pervades a social situation
when shared meanings and values achieved through communication and participation focus the
associative experience with sufficient intensity. In social harmony, each participant contributes
to the preparatory phase and enjoys the consummatory phase to the best of her abilities.….
Social harmony in Dewey’s philosophy must contribute to personal-communal growth if
community is to be a regulative ideal.
Harmony is not only realized in the cosmos and in oneself, but also in human relationships.
Members of a family, partners on a project, workers in an office, and citizens in a state can all
be described as harmonious when their individual contributions all support the other members
and the larger dynamic. Harmony among people has a longstanding pedigree as a way of
conceptualizing social conditions. The contribution of Gandhi towards building an inclusive
society by his invocation of religious tolerance, respect and love for all human kinds is
indispensable and much required to be emulated in the current scenario.
Harmony In Nature:
So far, we elaborated on harmony in the individual, family and society. Now, we move to the
next level, i.e. nature. Human order is a part of nature; hence, it is essential to understand the
nature and the participation of human being in nature for a mutually fulfilling and sustainable
way of living. After discussing nature, we will move on to understand the existence as a whole
which is in the form of units (nature) submerged in space.
Nature as Collection of Units: Nature is the collection of all the units – the air, soil, water,
plants, trees, animals, birds, other human beings and even things that are at a distant from us
like the sun, the moon, the other planets, etc.
Classification of Units into Four Orders Although the units are innumerable, they can all be
classified into just four orders:
[1] Physical order – this includes units like air, water, metal and so on.
[2] Bio order – this includes grass, plants, trees, etc.
[3] Animal order – this includes animals and birds.
[4] Human order – this has human being only.
Harmony among the Four Orders: There is mutual fulfilment among the first three orders in
nature. The soil-plant interaction is an example of mutual fulfilment between the physical order
and the bio order. Animals and birds (units of the animal order) depend on plants (units of the
bio order) for their food. At the same time, animals and birds help to spread the seeds of plants
from one place to the other. They protect plants from harmful insects and pests. Similarly, the
units of physical order, like air and water, are essential for animals to survive. In turn, animals
enrich the soil – their dung and their dead bodies act as very good manure which makes the
soil fertile. This is amply visible in the forests. These three orders are enriching for the human
being too. This we can see from our day to day life. Now, is the human being fulfilling for the
other three orders? This is a big question. Human being is not only unfulfilling for the other
three orders, rather it is dominating and exploiting them, to the extent of global warming and
climate change. However, when we refer to our natural acceptance, we want to fulfil all the
four orders. Ask yourself this question, “what is naturally acceptable to you – to enrich these
four orders or to exploit them”? The answer is obvious – to enrich all the four orders. Once
human beings understand the mutual fulfilment among the four orders, they can be fulfilling
for all the orders.
Interconnectedness, Self-regulation and Mutual Fulfilment among the Four Orders of
Nature: With the above discussion, we can conclude that there is interconnectedness and
mutual fulfilment among the four orders in nature. One can also see that there is self-regulation
in nature. In a forest, the proportion of soil, plants and animals of various species is self-
regulated. It never happens that the lions eat up all the deer or the deer eat up all the grasses or
that the plants grow to the extent that there is no space for deer or that there is lack of soil for
new plants and so on. The forest does not need to be regulated by human being to be in
harmony. With right understanding only, human being will also be self-organised, in harmony
within and participate in the harmony in the larger order.
Abundance in Nature” Nature is organised in such a manner that the physical facility required
for any order is available in abundance. The quantity of soil is far more than that of plants and
trees. And both of these are available in far greater quantities as compared to the quantity of
animals and birds. Human beings require all these three orders to survive, and the quantity of
all these three orders together is far more than the quantity of human beings. By its very being,
nature is organised in a manner where quantity of all four orders is in a sequence:
Physical order >> Bio order >> Animal order >> Human order. Therefore, the requirement of
any order is already available in abundance.
Key Takeaways: Nature is the collection of units. It can be classified into four orders,
(physical, bio, animal and human). There is a relationship of mutual fulfilment amongst these.
It is already going on in the first three orders. Human being also has the natural acceptance for
mutual fulfilment. All that we need to do is to understand it and live accordingly.
Idea of International Piece and brotherhood (Vasudhaiv Kutumbkam):
“Vasudhaiva Kutumbakam” is a Sanskrit phrase that translates to “The world is one family” in
English. This ancient Indian saying conveys the idea that the entire world is interconnected and
all people are part of a single global family. It promotes the values of unity, cooperation, and
the idea that we should treat everyone with kindness and empathy, regardless of their
nationality, race, or religion. It’s often used to emphasize the importance of global peace and
understanding among different cultures and nations.
Significance of the Phrase “Vasudhaiva Kutumbakam”:
The phrase “Vasudhaiva Kutumbakam” holds signi¬cant importance in various aspects of life
and philosophy, both historically and in contemporary contexts. Here are some of the
key significances associated with this phrase:
Universal Brotherhood: “Vasudhaiva Kutumbakam” underscores the idea of universal
brotherhood and the interconnectedness of all people. It promotes the belief that regardless of
our differences in nationality, ethnicity, or religion, we are all part of one global family. This
concept encourages empathy and compassion for all human beings.
Peace and Harmony: The phrase promotes the values of peace, harmony, and unity. By
emphasizing our shared humanity, it encourages individuals, communities, and nations to work
together to resolve convicts peacefully and to build a more peaceful world.
Cultural and Spiritual Heritage: “Vasudhaiva Kutumbakam” is deeply rooted in ancient
Indian philosophy and spirituality. It reects the rich cultural heritage of India and its long-
standing tradition of promoting tolerance, understanding, and respect for all living beings.
Global Responsibility: The concept of a global family implies shared responsibility for the
well-being of the planet and its inhabitants. It encourages individuals and nations to take
responsibility for addressing global challenges such as poverty, climate change, and inequality.
International Relations: In the context of international relations, this phrase serves as a
reminder of the importance of diplomacy, cooperation, and peaceful coexistence among
nations. It can be used as a guiding principle for diplomacy and foreign policy.
Modern Relevance: In today’s interconnected world, where globalization has made it easier
for people from different cultures to interact, “Vasudhaiva Kutumbakam” remains relevant.
It encourages dialogue, understanding, and respect among diverse communities.
Ethical Values: The phrase encapsulates ethical values such as empathy, kindness, and
inclusivity. It provides a moral compass for individuals and societies to treat others with dignity
and respect.
Human Rights and Social Justice: It aligns with principles of human rights and social justice
by advocating for equal treatment and opportunities for all individuals, regardless of their
background.
Implications of the Philosophy Vasudhaiva: Kutumbakam The philosophy of “Vasudhaiva
Kutumbakam” has several profound implications for how individuals, societies, and nations
approach various aspects of life and the world. Here are some key implications:
1. Environmental Consciousness: Embracing the essence of “Vasudhaiva Kutumbakam”
demands a dedicated commitment to environmental conservation. This philosophy
advocates for sustainable practices and the safeguarding of biodiversity, as it views the
Earth as a shared family home.
2. Cultural Exchange and Understanding: Nurturing cultural exchange and understanding
becomes an imperative under the guiding principle of “Vasudhaiva Kutumbakam.” It
actively promotes open dialogue and the acquisition of knowledge among diverse cultures
and traditions, fostering mutual respect and appreciation.
3. Conflict Resolution and Peace: Acknowledging our interconnectedness and shared
humanity, this philosophy stands as a staunch advocate for peaceful
conflict resolution. It encourages international cooperation and collaboration in addressing
global challenges and resolving conflicts through peaceful means.
Importance of Vasudhaiva Kutumbakam: In our rapidly changing and interconnected world,
the wisdom of Vasudhaiva Kutumbakam resonates more deeply than ever. Our globe has
transformed into a global village, where the lines between nations, cultures, and people have
blurred. It has become essential to embrace the philosophy of Vasudhaiva Kutumbakam and
aspire to fashion a world where every individual is treated with fairness, dignity, and integrity.
The tenets of Vasudhaiva Kutumbakam chart a course toward a brighter future. Through the
promotion of unity, cooperation, and mutual respect, we possess the tools to address conflicts
and reduce disparities. This endeavor can mold a world characterized by greater peace,
harmony, and inclusivity. Vasudhaiva Kutumbakam serves as a poignant reminder that each
person plays a pivotal role in the construction of a more promising world.
G20 Summit 2023 Theme Vasudhaiva Kutumbakam: The theme for the G20 Summit in
2023 is “Vasudhaiva Kutumbakam.” This Sanskrit phrase, meaning “The world is one
family,” underscores the importance of global unity and cooperation. It emphasizes the
interconnectedness of all nations and the need to work together to address common
challenges such as climate change, economic disparities, and global health crises. The theme
promotes a vision of a more inclusive and harmonious world, where nations collaborate for the
collective well-being of humanity.
 UNIT 3rd: Moral Values and Professional Conduct

Understanding Morality and Moral Values:

Morality and moral values are foundational concepts in human society that shape behavior, guide
decision-making, and influence interactions. They form the bedrock of ethics and play a pivotal
role in fostering harmony, respect, and progress within communities. This article explores the
meaning, origins, and significance of morality and moral values in shaping our individual and
collective lives.

What is Morality?

Morality refers to a system of principles and judgments that help individuals differentiate
between right and wrong, good and bad, or just and unjust. It governs human conduct and
provides a framework for evaluating actions. Morality often reflects cultural, religious, and
societal norms but is also influenced by individual beliefs and philosophies. The study of
morality spans various disciplines, including philosophy, psychology, sociology, and
anthropology, each offering unique perspectives on its nature and development. Philosophical
theories, such as utilitarianism, deontology, and virtue ethics, attempt to define moral principles
based on outcomes, duties, or character traits, respectively.

Understanding Moral Values

Moral values are the specific beliefs and principles that guide an individual's behavior. They are
the standards by which people measure their actions and those of others, ensuring consistency
with accepted notions of integrity, fairness, and respect. Examples of moral values include
honesty, compassion, responsibility, justice, and respect for others. Moral values are often
inculcated during early childhood through family teachings, educational systems, and cultural
traditions. Over time, individuals refine and adapt these values through personal experiences,
critical thinking, and exposure to diverse perspectives.

The Origins of Morality and Moral Values

The roots of morality and moral values can be traced to a combination of biological, social, and
cultural influences.
1. Biological Foundations: Research in evolutionary biology suggests that moral
tendencies evolved as adaptive traits to promote cooperation and group survival.
Empathy, fairness, and altruism are observed in various animal species, indicating that
moral behaviours may have deep evolutionary roots.
 2. Cultural and Societal Influences: Different cultures and societies develop distinct moral
codes that reflect their historical, religious, and social contexts. For instance, values such
as filial piety may be emphasized in Confucian traditions, while individual liberty is
highly regarded in many Western societies.
3. Religious Contributions: Religions worldwide have historically been a primary source
of moral guidance. Religious texts and teachings often provide explicit rules for behavior
and promote virtues such as kindness, humility, and forgiveness.
4. Philosophical Perspectives: Philosophers have long debated the basis of morality. While
some argue that moral values are universal and objective, others contend they are
subjective and culturally relative. Modern thinkers also explore secular and humanistic
approaches to morality, emphasizing reason and empathy over divine commandments.

The Role of Moral Values in Society

Moral values serve as the glue that binds communities together, fostering trust, cooperation, and
social stability. They shape laws, policies, and social norms, influencing how societies address
challenges such as inequality, injustice, and environmental sustainability. Individually, moral
values provide a compass for navigating complex ethical dilemmas, helping people make choices
that align with their principles. They also play a crucial role in personal development, fostering
traits such as self-discipline, empathy, and integrity.

Challenges in Defining and Applying Morality:

Despite its importance, morality is not free from challenges:

1. Cultural Relativism: What is considered moral in one culture may be deemed immoral
in another, leading to conflicts and misunderstandings.
2. Moral Dilemmas: Complex situations often arise where values conflict, making it
difficult to determine the right course of action. For example, choosing between honesty
and protecting someone's feelings can create moral ambiguity.
3. Moral Subjectivity: The lack of consensus on universal moral principles can lead to
disputes about what constitutes ethical behavior, especially in diverse and pluralistic
societies.
4. Modern Ethical Issues: Advances in technology, globalization, and shifting societal
norms continuously raise new moral questions, from the ethics of artificial intelligence
to debates about climate justice.
Cultivating Moral Awareness: Fostering a robust sense of morality and moral values requires:

1. Education: Teaching ethics and moral reasoning in schools can help individuals develop
critical thinking skills and a deeper understanding of diverse perspectives.
2. Empathy and Dialogue: Engaging in open and respectful discussions about moral issues
promotes mutual understanding and tolerance.
3. Personal Reflection: Regular self-assessment helps individuals align their actions with
their values and strive for moral growth.
4. Role Models: Families, educators, and leaders play a vital role in exemplifying moral
behavior and inspiring others to uphold shared values.
Thus, understanding morality and moral values is essential for creating a just and harmonious
world. While they may vary across cultures and contexts, their universal goal remains the same:
to guide individuals and societies toward actions that promote well-being, fairness, and respect.
By embracing moral awareness and fostering a culture of ethical reflection, humanity can
navigate the complexities of modern life while staying true to its foundational principles.

Moral Education and Character Building:

In an era defined by rapid technological advancements and societal shifts, the importance of
moral education and character building cannot be overstated. These twin pillars form the bedrock
of a harmonious, equitable, and progressive society. They are not only instrumental in shaping
individual behavior but also vital in fostering a culture of mutual respect, empathy, and ethical
decision-making.

The Significance of Moral Education: Moral education refers to the process through which
individuals are taught the principles of right and wrong. It encompasses a broad spectrum of
values, including honesty, integrity, compassion, and fairness. Unlike technical or vocational
training, moral education focuses on nurturing the soul and spirit, guiding individuals to act
responsibly and conscientiously in various spheres of life.

Promoting Ethical Awareness: One of the primary goals of moral education is to instill ethical
awareness. In a world rife with moral dilemmas, it equips individuals with the ability to discern
between ethical and unethical behavior. This awareness is essential not only for personal growth
but also for societal well-being, as it minimizes conflicts and promotes justice.

Building Resilience: Moral education also plays a crucial role in building resilience. By teaching
individuals to uphold their principles even in the face of adversity, it fosters a sense of inner
strength. This resilience is particularly significant in today's fast-paced world, where temptations
and challenges often test one's character.

The Role of Character Building: While moral education lays the foundation, character building
erects the structure of an individual's personality. It involves the cultivation of virtues that define
one's conduct and interactions. Character building is a lifelong process, shaped by various
influences, including family, education, and society.

Developing Emotional Intelligence: Character building enhances emotional intelligence,

enabling individuals to understand and manage their emotions effectively. This skill is
indispensable for fostering healthy relationships, resolving conflicts, and leading a balanced life.

Encouraging Leadership and Responsibility: A strong character is the hallmark of a good

leader. By promoting traits like responsibility, accountability, and decisiveness, character
building prepares individuals to take on leadership roles and contribute positively to society.

The Interplay Between Moral Education and Character Building:

Moral education and character building are deeply interconnected. While moral education
provides the theoretical framework of values and ethics, character building translates these
principles into actionable behavior. Together, they shape individuals who are not only morally
upright but also socially responsible.

Implementing Moral Education and Character Building in Schools: Educational institutions

play a pivotal role in fostering moral education and character building. Schools serve as the first
structured environment where children encounter diverse perspectives and learn to navigate
social complexities.

Integrating Values into Curriculum: One effective way to implement moral education is by
integrating values into the curriculum. Subjects like literature, history, and social studies can be
used to teach empathy, respect, and cultural sensitivity. Additionally, dedicated classes on ethics
and moral philosophy can provide a focused approach.

Extracurricular Activities: Extracurricular activities such as debates, community service, and

team sports also contribute significantly to character building. These activities encourage
teamwork, discipline, and a sense of civic responsibility.

Role of Educators: Educators are key influencers in this process. By serving as role models,
they can demonstrate the importance of ethical behavior and inspire students to emulate these
values. Teachers who lead by example foster an environment of trust and mutual respect, which
is essential for moral education.

Challenges and Solutions: Despite its importance, moral education and character building face
several challenges. These include:

1. Cultural and Societal Differences: In multicultural societies, the diversity of moral

values can complicate the teaching process. To address this, a universal framework based
on fundamental human rights and ethics can be adopted.
2. Digital Distractions: The pervasive influence of social media and digital platforms often
undermine traditional values. Educators and parents must collaborate to teach digital
literacy and promote critical thinking.
3. Lack of Emphasis: In many educational systems, moral education is overshadowed by
academic achievements. Policymakers must recognize its importance and allocate
adequate resources and time for its implementation.
So, in conclusion, the moral education and character building are indispensable for creating a
society that values integrity, empathy, and justice. By fostering ethical awareness and strong
character traits, they prepare individuals to face the complexities of modern life with confidence
and compassion. As families, schools, and communities work together to prioritize these aspects,
they pave the way for a brighter, more harmonious future.

Ethics of Relation: Personal, Social, and Professional:

The ethics of relation is a broad framework encompassing the moral principles that govern
human interactions in personal, social, and professional domains. This expanded discussion
explores the significance, challenges, and examples for each dimension.

1. Personal Ethics of Relation

Definition: Personal ethics of relation pertain to the values and principles guiding interactions
in close, intimate relationships, such as with family, friends, and partners. These ethics form the
foundation of trust, love, and mutual respect.

Key Elements and Examples:

➢ Integrity and Honesty: Being truthful and transparent builds trust. For example,
openly admitting to a mistake, such as forgetting a partner's birthday, shows
honesty and encourages resolution.
 ➢ Empathy and Compassion: Demonstrating care and understanding strengthens
bonds. For instance, helping a friend through a tough time by actively listening
and offering support reflects empathy.
➢ Accountability: Taking responsibility for one’s actions is vital. If a parent
promises to attend a child’s recital but fails to show up, apologizing and making
amends exemplifies accountability.
➢ Boundaries: Respecting personal space and autonomy is essential. For example,
allowing a teenager to explore their interests without imposing one’s own
expectations demonstrates respect for boundaries.
Challenges: Personal ethics can be tested by emotional biases, misunderstandings, or conflicting
interests. For example, during heated arguments, individuals may disregard ethical principles
and later regret their actions.

2. Social Ethics of Relation

Definition: Social ethics encompass norms and values that guide interactions within a
community, promoting harmony and mutual respect among diverse groups.

Key Principles and Examples:

➢ Respect for Diversity: Recognizing and appreciating cultural, religious, and

ideological differences is key to peaceful coexistence. For example, participating
in a cultural festival of another community fosters inclusivity and understanding.
➢ Fairness and Justice: Ensuring equal treatment regardless of differences is a
cornerstone of social ethics. For instance, standing up against racial or gender
discrimination demonstrates a commitment to justice.
➢ Civic Responsibility: Active participation in societal welfare is crucial.
Volunteering for a local clean-up drive or donating to food banks during a crisis
are examples of fulfilling civic duties.
➢ Nonviolence: Advocating peaceful solutions over aggression is critical for
societal harmony. For example, mediating a neighborhood dispute rather than
escalating tensions promotes nonviolence.
Importance: Ethical social relations contribute to building cohesive communities where
everyone feels valued and respected. Societies with strong ethical foundations tend to be more
resilient and inclusive.
Challenges: Social ethics are often challenged by prejudice, systemic inequalities, or selfishness.
For example, people may ignore social responsibilities like helping the homeless due to apathy
or fear of inconvenience.

3. Professional Ethics of Relation

Definition: Professional ethics refer to the standards of behavior and principles that regulate
workplace interactions, ensuring a fair, productive, and respectful environment.

Core Values and Examples:

➢ Integrity: Upholding moral principles ensures credibility. For instance, an

employee refusing to manipulate sales data despite pressure from management
exemplifies integrity.
➢ Confidentiality: Protecting sensitive information is critical. A lawyer who
safeguards a client’s private details maintains professional confidentiality.
➢ Respect and Fair Treatment: Treating all colleagues equally, regardless of their
position, is essential. For example, acknowledging the contributions of junior
staff members in a project demonstrates respect.
➢ Collaboration: Fostering teamwork ensures organizational success. An example
is a manager encouraging team brainstorming sessions to include diverse
perspectives.
➢ Accountability: Owning up to mistakes fosters trust. For instance, a software
engineer admitting a coding error and working overtime to fix it demonstrates
accountability.
Challenges: Ethical dilemmas in the workplace often arise from conflicts of interest, unfair
practices, or personal ambition. For example, an employee may face pressure to prioritize profit
over environmental sustainability, testing their professional ethics.

Interconnection Between the Dimensions:

The boundaries between personal, social, and professional ethics are fluid. Ethical behavior in
one domain influences the others:

➢ Personal Ethics Influencing Social Behavior: A person raised with values like
kindness and honesty will likely demonstrate these traits in social settings, such
as helping strangers or standing up for a friend.
 ➢ Social Ethics Shaping Professional Practices: A socially responsible individual
might implement inclusive policies at work, ensuring diversity and equal
opportunities.
➢ Professional Ethics Reflecting Personal Integrity: A professional who values
transparency in their work is also likely to practice honesty in their personal life.

Case Studies and Real-Life Examples:

1. Personal Ethics: A couple faces a financial setback, leading to disagreements. By

practicing empathy, open communication, and shared accountability, they navigate the
situation together, strengthening their relationship.
2. Social Ethics: A community organizes a fundraiser to support flood victims. By
collaborating and respecting each other’s input, they successfully provide aid,
demonstrating social responsibility and teamwork.
3. Professional Ethics: A journalist refuses to publish an article based on unverified
information despite pressure from editors to meet a deadline. This decision upholds their
commitment to integrity and accountability.
So, the ethics of relation are foundational to creating a fair and harmonious world. They require
a balance of moral reasoning, emotional intelligence, and practical action. By adhering to ethical
principles in personal, social, and professional interactions, individuals contribute to trust,
cooperation, and mutual respect, ultimately fostering a more equitable and sustainable society.

Gender sensitivity is referred to as the process through which peoples’ sensitivity and insight
is developed into the state of the other sex. It involves being perceptive and open towards the
roles and feelings of the opposite gender. Gender relations are evident in all institutions, and
gender sensitivity is most visible in identifying privilege as well as the discrimination based
on gender. It is all about dispelling false beliefs and misconceptions, as well as understanding
how to engage with people of the opposite gender. Many schools and universities are not co-
educational, and students wind up engaging with individuals solely of their own gender. This
occurs throughout their early years, resulting in a distorted behavioural pattern in both men and
women. The two sexes do not engage with one another until they reach higher schooling. And
such interactions are often involuntary and formal. This assertion can be easily verified; in most
settings, if you look around the classroom, where male and female students sit in distinct and
clearly defined groupings. Unfortunately, such seclusion reinforces gender stereotypes. Gender
stereotyping is many a times amplified by movies wherein, the hero is often engaging in very
disagreeable and condemnable behaviour, such as taunting, stalking, or bothering the heroine, or
all three. In any human civilization, social differences are likely to be present. Gender differences
is one of the primary examples

Gender Sensitization: refers to the process of raising awareness and altering attitudes,
behaviours, and perceptions about gender inequalities. It aims to foster respect for all genders
and address systemic gender biases prevalent in societies, workplaces, and institutions. This
process is crucial for achieving equality and ensuring that people are treated fairly regardless of
their gender.
Importance of Gender Sensitization
• Breaking Stereotypes: Challenges traditional gender roles that confine
individuals to specific expectations. For example, encouraging boys to express
emotions and supporting women in leadership roles.
• Promoting Equality: Ensures equal opportunities in education, employment, and
decision-making. Reduces the gender pay gap and promotes workplace diversity.
• Combating Gender-Based Violence (GBV): Helps recognize and address
various forms of abuse, such as domestic violence, sexual harassment, and
workplace discrimination.
• Empowering Marginalized Groups: Provides a platform for gender minorities,
including transgender and non-binary individuals, to voice their concerns and
gain equal rights.
• Creating Inclusive Spaces: Builds environments where people of all genders can
thrive without fear of discrimination or prejudice.
Key Components of Gender Sensitization
1. Awareness of Gender Inequalities: Understanding societal structures and practices that
perpetuate gender disparities. Example: Recognizing that unpaid domestic labor is
disproportionately performed by women.
2. Gender-Neutral Communication: Promoting language that avoids gender bias.
Example: Using terms like "chairperson" instead of "chairman."
3. Empathy and Respect: Encouraging individuals to understand the experiences and
challenges faced by other genders. Example: Listening to a colleague’s experience of
workplace bias without dismissing it.
4. Education and Advocacy: Integrating gender-sensitive topics into school curriculums,
workplaces, and community programs. Example: Workshops on preventing sexual
harassment in workplaces.
 5. Policy and Legal Frameworks: Enforcing laws and policies that promote gender
equality and protect against gender-based discrimination. Example: Maternity and
paternity leave policies that support both parents equally.
Examples of Gender Sensitization in Action
1. Education Sector: Schools teaching students about gender equality, the importance of
shared responsibilities, and respect for all genders. Example: Introducing books and role
models that challenge gender stereotypes, like male nurses or female engineers.
2. Workplaces: Organizations conducting gender sensitization workshops to address biases
and create inclusive policies. Example: Implementing anti-harassment policies and
mentoring women for leadership positions.
3. Community Programs: Grassroots campaigns to raise awareness about issues like
female infanticide, child marriage, and menstrual health. Example: NGOs conducting
workshops in rural areas to educate communities about the importance of educating girls.
4. Media Representation: Promoting diverse and equitable portrayals of genders in
movies, advertisements, and TV shows. Example: Ads showcasing fathers actively
participating in childcare and household chores.
Challenges in Gender Sensitization
1. Cultural Resistance: Deeply ingrained societal norms may resist change, especially in
patriarchal societies. Example: Opposition to educating girls in certain communities.
2. Lack of Awareness: Many individuals and organizations remain unaware of the need for
gender-sensitive practices.
3. Stereotypes and Bias: Persistent stereotypes, such as "men are breadwinners" or
"women are caretakers," hinder progress.
4. Policy Implementation Gaps: Even when gender-sensitive policies exist, their
enforcement is often inadequate. Example: Gender quotas in political representation that
are not adhered to in practice.
Steps to Promote Gender Sensitization
1. Education and Training: Conduct gender awareness sessions at schools, workplaces,
and community centers.
2. Media Campaigns: Use social media, TV, and print media to highlight the importance
of gender equality.
3. Policy Development and Implementation: Enforce laws that protect against
discrimination and ensure equal opportunities.
4. Community Involvement: Engage local leaders, families, and influencers to drive
grassroots-level changes.
 5. Regular Monitoring and Feedback: Assess the effectiveness of gender sensitization
programs and make necessary adjustments.
Thus, gender sensitization is a vital step toward achieving equality and fairness in society. It
challenges harmful stereotypes, promotes mutual respect, and fosters an inclusive environment
for all genders. For meaningful progress, individuals, organizations, and governments must work
collaboratively to address biases, implement gender-sensitive policies, and create opportunities
for empowerment.
Gender and Sex: The terms gender and sex are often confused to mean the same thing. The two
are freely used interchangeably and often erroneously. This creates tremendous confusion amidst
general ignorance about the difference between the two and it is unpleasant when individuals
have to bear the brunt of the ignorance of people who don’t understand the difference between
the two terms. This resultant confusion also fosters age-old stereotypes which are often
detrimental for the female gender. The purpose of this module is to clearly explain the difference
between the two, for everyone to gain clarity and be on the same page.

Sex: Sex has multiple meanings. Sex refers to the biological aspects of a person notably defined
by their anatomy, which is a complex by-product of chromosomes, hormones and their
interaction. Sex is typically male or female and something that one is born with. In its simplest
form, it refers to the difference between men and women and includes differences in physical,
mental, genetic and psychological makeup. Males have one X chromosome and one Y
chromosome, whereas females have two X chromosomes. Other biological distinctions stem
from this fundamental genetic difference. The first to appear are the genitals that boys and girls
develop in the womb and that the doctor and parents look for when a baby is born. The genitalia
are referred to as primary sex characteristics, whereas the other changes that emerge throughout
puberty are referred to as secondary sex characteristics, which are caused by hormonal variances
between the sexes. Testosterone in boys causes them to develop deeper voices, more body hair,
and greater muscles. As nature prepares girls for adulthood, they grow breasts, broader hips, and
begin menstruation. For better or worse, many people's perceptions of what it means to be female
or male are influenced by these fundamental biological disparities between the sexes, as noted
in later content.

Gender: Gender, on the other hand, is a social construct that is related to behaviours/ attitudes
based on labels of masculinity and femininity. While one may be born a man or woman, the
process of conforming to a particular role is learnt through the process of education and
observing others around. This involves teaching what constitutes appropriate behaviour,
temperament, interpersonal interaction and often what they wear and think. The concept of
gender traditionally comprises relational, historical, institutional, contextual and hierarchical
aspects. Males and females are traditionally taught appropriate norms, boundaries and
behaviours, and especially about how they are expected to interact within households and
workplaces.

Hence, gender is a sociological term, whereas sex is a biological concept. It refers to the social
and cultural distinctions that a society makes depending on a person's (biological) sex. Similarly,
the term gender roles relate to a society's expectations of people's conduct and attitudes based on
whether they are females or males. How we think and conduct as males and females is not
predetermined by nature, but rather by how society expects us to think and behave depending on
our gender. This is a learned behaviour that is rigorously inculcated during our growing up years
and helps in defining our gender identities and roles. This, in turn, helps one conform to their
roles and deliver against expectations and responsibilities. This indoctrination also,
unfortunately, creates compartments in one’s minds and fosters a divide between the sexes. The
process of continuous education needs to be based on adaptability to an ever-evolving society
and a fast-changing world. This is the key to ensuring that stereotypes are nipped in the bud and
that rigid narrow views don’t restrict issues like equality and equitable access to means and
resources. A lack of clarity between what constitutes sex and gender fosters a grey area of
ignorance and beliefs that often works against the female gender. It manifests itself in several
forms and impacts educational and financial independence opportunities. Lack of clarity and an
ignorant mindset also engenders social evils like female foeticide, honour killing and dowry
deaths.

Affirmative approach toward weaker sections (SC, ST, OBC, EWS, DA):

Introduction: Equality in simple terms means the state of being equal, especially in status,
rights, or opportunities. Equity in contrast is the quality of being fair and impartial. In any society
unfair treatment in terms of social, economic or political opportunity and unequal distribution of
resources give birth to socio-economic inequality leading to poverty and deprivation. A nation,
for its development often thrives for eradication of such unfair treatment, induced through caste,
gender or racial discriminations, intervening by implementing various development policies
based on impartial and fair distribution of resources and opportunities. The primary aim of such
policies is to alleviate people from the existing condition of misery and reduce the level of
inequality in the society. Some scholars have termed these initiatives as a means to bring ‘social
justice’. In the following, we will see the measures taken in India for establishing a just and equal
society through the principle of equity. This novel initiative started with the framing of
constitutional provisions for the deprived sections, and furthered by various development
policies carried out by the Government and Non-Government Organisations.

What is affirmative action: Affirmative Action are policies directed to promote equal
opportunity as relates to caste, ethnicity and gender, etc. Such policies focus on public health
programmes, employment opportunities and education. India has a long history of Affirmative
Action starting from the drafting of the Constitution, which primarily dealt with the issues of
caste-based discrimination in the country and made strong reservation policies to protect the
rights of the marginalised communities. The intervention of the state does not only stop at
envisaging the constitutional provisions, it also set up various committees, boards and framed
policies to eradicate poverty and regional inequalities and to promote social development. For
example, since independence, the Planning Commission of India has played a vital role in
framing a five years plan that has still been the most important socio-economic policy framework
for the country. However, the meaning of development can be understood from two different
perspectives, first as a primarily academic course of study and second as policies that could be
practically implemented. In the following section, we will attempt to synthesise these two
aspects, viewing the Intervention of State Affirmative Action from both the implementation of
practical policy development and the thorough academic background of such policy and actions
in India.

Origin and meaning of Affirmative Action: The term Affirmative Action (AA) is relatively
recent origin. The US president John F. Kennedy first used it in 1961 to refer policies designed
to promote equal opportunity (Ashwini Deshpande, OUP 2013:06). Theoretically speaking, AA
was originally aimed to alleviate the social situation of black Americans and provide a
counterweight to the prevalent racial discrimination in the US. Since then, AA policies have also
been implemented by various governments in both developed and developing countries in an
attempt to lift up poor and marginalised communities in their respective countries. In America
and other countries run by white people, AA was primarily used to fight racial discrimination. In
India AA was written into the Constitution with the goal of eradicating both caste supremacy and
the resultant deprivation of marginalized people from the ‘lower castes. The chief architect of
Indian Constitution, Babasaheb Ambedkar, made it clear from the beginning of independent
India that until social equality was attained, it would be impossible for the nation to achieve
political and economic equality. The goal of AA in India was not a redistribution of wealth or
assets, but a remaking of social hierarchy that broke down the traditional elite positions in society.
This was achieved through the quota or reservation system that focused on tribal communities
and lower castes in areas such as education, employment and other public services.
Caste Based Affirmative Action: Affirmative Action in both developed and developing
countries, the majority of AA policies focus on increasing access to employment and education
for marginalised or historically disadvantaged groups (Weisskopf 2004). India has one of the
longest running sets of AA policies of any developing country (Revankar 1971 cited in Weisskopf
2004). Article 46 of the Constitution (1950) reads, “The State shall promote with special care the
educational and economic interests of the weaker sections of the people, and, in particular, of the
Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all
forms of exploitation.” A list of castes and tribes who may avail themselves of such provisions
is available in Articles 341 and 342 of the Constitution. The specific castes and the tribes listed
in these articles were called Scheduled Castes (SC) and Scheduled Tribes (ST), respectively. Due
to this provision, members of SC and ST were given preference at both national and state levels
in studying at universities and obtaining public service jobs, a policy known as compensatory
discrimination (Galanter 1984 cited in Gang et.al 2011). Although the Constitution identifies a
larger socially and educationally backward classes of citizens, known today as the Other
Backward Classes (OBC), the specific make-up of this group is not unclear.

Constitutional Provisions for SC/ST/OBC: The Indian Constitution mandates a few provisions
with the purpose of eradicating caste discrimination and the subsequent deprivation. Articles
16(A), 243 (D) and (T), 330, 332 and 334 all directly address the requirements of reservation for
Schedule Castes at all three levels – legislative, administrative and educational – the Constitution
is most specific on legislative reservation. Articles 243 (D) and (T), 330, 332, and 334 directly
deals with the legislative reservation. While 243 (D) and (T) secures reservation in urban and
rural local bodies, 330 and 332 extend the same to the Lok Sabha and State Legislative
Assemblies, respectively. However, this reservation policy is to be proportionate to the
population of the SCs and was originally envisaged for a period of 10 years, which was extended
periodically until the Sixty Second Constitutional Amendment (1989) stipulated a fifty-year
period from the commencement of the Constitution for its termination. As the original
Constitution did not have any explicit provision for reservation for SCs and STs in public service
other than legislative reservation, thus by the Seventy Seventh Amendment in 1995 an exclusive
provision for STs and SCs was incorporated in the text of the Constitution – article 16(4A).
Article 338 lays out the responsibility to oversee and evaluate the progress in the implementation
of reservations and welfare programmes and report the same to the President of India.
Constitutional Provisions:

➢ Article 16(A), 243 (D) and (T), 330, 332 and 334 directly expounded the cause of
reservation for Schedule Castes.
➢ Article 14 affirms equality
➢ Article 15(4) allows the state to create specific provisions for these sections along with
other backward classes
➢ Article 17 abolishes untouchability
➢ Article 243 (D) and (T), 330, 332, and 334 directly deals with the legislative reservation.
➢ While article 243 (D) and (T) secures reservation in urban and rural local bodies.
➢ Article 338 requires monitoring of the above provisions and reporting the same to the
appropriate authorities.

Development Programmes for SC/ST OBC and Rural Poor:

Area Oriented Programmes: Area Oriented Programmes were specifically aimed at developing
the infrastructure, such as road, transport, market, etc., and living conditions, depending on their
geographical specificities and a given crisis. Since 1970s, the implementation of such
programmes took place with economic assistance from the Government and the Scheduled
Banks.

Productivity Oriented Programmes: These programmes were an outcome of India’s

experiences after the Bengal famine and the severe food crisis of 1943. The National government
gave great importance to increasing the quality and quantity of the agricultural produce. This
gave birth to programmes such as Intensive Agriculture Area and District Programme, High
Yielding Variety Programme, Multiple Cropping Programme, Multiple Cattle Development
Projects, Massive Agricultural Production Programme, Special Food grains Production
Programme, Million Wells Scheme which were all aimed at developing the agriculture in the
country by improving the yielding technology, supply of sufficient water, seed and fertilisers. In
1960-61 by the implementation of the Intensive Agricultural Programme or Package Programme,
the new development policy in agriculture began.

Employment Oriented Programmes As we are discussing about alleviation of poverty and

related issues, the most vulnerable are the village dwellers, especially agricultural wage
labourers. Exploitation of the daily wage workers by the big landlords, seasonal unemployment,
migration of the labour, discrimination between women and men’s wages, and child labour are
just some of the major issues. Any improvement requires regular, dignified economic
opportunities. Hence, creation of employment opportunity had been the major thrust area for the
programmes such as:

National Rural Employment Scheme/MGNREGA: People in the village with very less
productive assets need wage employment to sustain their family. The employment in agriculture
is also seasonal. Besides this with increased number of small and marginal farmers in the villages,
their family members do most of the work in the farm; hence, the wage employment is also
limited.

Swarnajayanti Gram Swarojgar Yojana (SGSY): The Programme for Self-Employment of

the poor has been an essential piece of government-sponsored anti-poverty programmes in the
rural areas. The programme started on 1.04.1999. Objectives of the programme:

1. The main objective of the programme was to assist poor families living just above the poverty
line by providing them assets, a mix of bank credit and government subsidy, to generate income.
2. The programme was implemented after reviewing and restricting some of the previously
implemented programmes, such as Integrated Rural Development Programme, Gram Kalyan
Yojana, Million Wells Scheme, etc. Hence, this programme was a major shift from the earlier
programmes and envisioned as a holistic programme of self-employment: looking at building up
infrastructure and providing technology and marketing support.

Target Oriented Programme From the name itself it can be derived that the target-oriented
programmes are aimed to fulfil specific objectives for a particular deprived group. Target
oriented programmes cater to an array of communities, such as landless labourers of rural areas,
people with disability, manual scavengers and women and children of urban slums and rural
areas. Some such programmes are listed below:

Antyodaya Programme The ethos of the Antyodaya Programme was to promote a society
where in the rich look after their poor neighbours out of feelings of necessity and duty. The
meaning of Antyodaya is the poorest of the poor. The programme is aimed at providing self-
sustaining economic independence to the poorest of the poor persons.

Target Group:

➢ Families having no earning member between 15-50 years of age.

➢ Families having no economic assets have earning members but annual income does not
exceed Rs.15000.
➢ Other families having economic assets but living beneath the poverty line.
National Social Assistance Programme (NSAP): The programme created a national policy to
provide assistance to poor families, representing a significant step towards the fulfilment of
Articles 41 and 42 of the Constitution recognizing the responsibility to act for both the Central
and State Governments. The NSAP provides social and economic assistance package to alleviate
poverty; in particular, pensions are used to provide medical care and other benefits to
poor and old people.
Affirmative action for EWS:
The five-member bench of the Supreme Court recently upheld the EWS quota law as
constitutionally valid in a majority judgement of 3:2 in the Janhit Abhiyan vs Union of India (WP
55 of 2019) case. In January 2019, the Parliament passed the 103rd Amendment Act, 2019
making a special provision for the reservation of 10 percent of seats in jobs and education for the
Economically Weaker Sections (EWS), amongst those who are not eligible for the already
existing community-based reservation meant for the Scheduled Castes (SCs), Scheduled Tribes
(STs) and Other backward Classes (OBCs). The Amendment incorporated changes in Articles 15
and 16 of the Constitution that includes the right to equality and created the legal basis for
reservations. The policy would provide reservation benefits to those whose annual family income
is less than INR 8 lakhs and shall exclude households that own more than 5 acres of agricultural
land or 1,000 square feet of residential land. The Amendment incorporated changes in Articles
15 and 16 of the Constitution that includes the right to equality and created the legal basis for
reservations.
During the passing of the bill in Parliament, most political parties supported the legislation
though the Opposition parties accused the Central government of passing the bill in a haste
without much debate and consultation. Subsequently, a number of petitions were filed in the
Supreme Court challenging the constitutional validity of this legislation. The key points of the
Opposition against the act included: Firstly, an apprehension that it violates the upper cap of 50
percent for reservation that the Supreme Court had ruled in the Indra Sawhney (1992) judgement.
Second, the Constitution didn’t explicitly provide for a reservation provision solely based on the
economic criterion. Third, the law has been accused of being discriminatory as the SCs, STs, and
OBCs are kept outside its ambit because these sections are already covered in the existing caste-
based reservation policy. However, the apex court’s recent validation of the EWS reservation law
passed by the Union government has significant implications on the discourse of affirmative
action in India, which merits attention.
First, the already existing reservation for the SCs, STs, and OBCs has been premised upon their
collective group identity whereas the newly enacted law enabling the EWS reservation is based
on the economic criteria of individuals who do not belong to SC, ST, and OBC categories. So,
the new law has not only expanded the scope of affirmative action in India, which now includes
both caste-based and class-based protection, it has also moved from a group-centric approach to
a reservation policy that caters to individuals based on income parameters. As the caste-based
reservation harps on birth-based collective caste identity, which is largely immutable and socially
ascribed, it has been more convenient to identify the target group that needs the affirmative action
for their emancipation.
Now, with the enactment of the EWS, reservation can be seen as the Indian state’s conduit of
welfarism to address the present problems of poverty, economic deprivation, and unemployment.
So, the reservation policy that was hitherto only perceived as an instrument for inclusive
representation and enabler of equal opportunity for historically-marginalised castes, has now also
become a supposedly emancipatory tool to battle economic inequalities that are tied to
individuals rather than a group. The phenomenon of welfare politics has already demonstrated
its enormous potential for electoral mobilisation in India. Further expansion of the logic of
welfare to a reservation policy that goes beyond backward castes might open more demands and
avenues for mass mobilisation towards other forms of affirmative action. This might have major
repercussions of the competitive landscape of India’s democratic politics and governance
architecture.
Therefore, the EPW law is expected to shape the procedural as well as aspirational dynamics of
the discourse of affirmative action in India. In this context, it is important to note that the right
to equality of opportunity, right to education and conditions for accessing employment for a
dignified socio-economic life have been the basic premise of India’s constitutional imagination
while it laid the foundation for a representative democracy. So, with exacerbating economic
inequality and increasing political mobilisation around identity, aspirations and access to
resources, a new facet of politics based on socio-economic justice can further shape the discourse
of affirmative action in India.

Ethical Conduct in Higher Education Institution: Professional Ethics:

There is a well-known saying that “Teaching is the one profession that creates all other
professions.” It means that teaching or educating someone is very important job but education
without moral values is good for nothing. Therefore, professional ethics are needed in higher
education. In this age, the role of professional ethics is very much important. However, it is
important in every age. Basically, professional ethics create an atmosphere of good work culture.
It is related to our behavior. If we behave in proper manner then we are liked by other people and
this creates a state of positive energy. For success in life in the field of education, professional
ethics are vital. These ethics motivate people to gain their professional goal and also give
satisfaction. When a person or a faculty member is following professional ethics, it means that
he or she will have no discrimination on the basis of religion, cast, creed, gender, age, socio-
economic factors etc.

Concept of professional ethics: Professional ethics controls the behavior of the people who are
in different professions. This is helpful in creating a good atmosphere at the work-place.
Professional ethics are also known as codes. They are commonly used by the people who are
working in a specific place. Every profession has some rules, regulations and standards. All the
people of the organization have to follow them. Basically, professional ethics are norms and
standards set by the organizations and those norms are based on moral values also. “Professional
ethics is guidance for people working in a particular profession that tells them what they
supposed to do and what they are not supposed to do while working there. Professional is about
delivering essential services and making commitments. For instance, let’s think about a
professor; his profession is to serve the students and solve their problems. It requires a special
relationship between the place, the trade, and the student. Everything runs based on ethics.
Professional ethics are part of our life. To understand professional ethics, consider these points.
The moral duties or rules that must be followed in the exercise of a profession. Professional
ethics are the principles that determine what is right and wrong about a profession, establish
ethical rules about that profession, and oblige the members of the profession to comply with
these codes of conduct. Business/corporate and domain-based standards of behaviors and
attitudes and values. Learn more in: Understanding Learners' Self Expressed and Self-Professed
Core Personal Values for Effective Teaching and Learning. Moral guidelines for professional
behavior that protect the integrity of the profession. Professional ethics codes have been
established for healthcare, law, accounting, and information technology among other fields.

Roles of professional ethics in higher education: In higher education value-based lesson is

needed and for this, professional ethics are required. These ethics should be practiced by the
college and universities teachers. Those teachers who have moral values in their teachings and
nature, students learn more from them. The first responsibility then is to teach. This is what
defines the relationship of educator to learner. The instructor enters the role with the assumption
of this responsibility as basic and defining the relationship, the role and purpose of the
relationship. The responsibility is not simply to teach but to teach well so as not to fail in any
way to provide those served with the most effective instruction possible and in order to provide
exemplars for novice instructors. As is established below the professional educator has a
fiduciary relationship with the learner and that relationship incorporates and is defined by the
dual responsibilities of providing benefit and avoiding harm. Not to teach well would be to teach
in a manner that was not effective or as effective as it might be. Not to teach well is to fail to
fulfil the basic positive professional responsibility of an educator toward the leaner.
 UNIT 4th: Intellectual Properties Rights
Meaning, Origins and Nature of Intellectual Properties Rights (IPR):
Intellectual Property (IP) is a special category of property created by human intellect (mind) in
the fields of arts, literature, science, trade, etc. Since IP is a novel creation of the mind, it is
intangible (i.e. invisible and indivisible) in nature and differs from the tangible property, such
as land, house, gold and car with which we are quite familiar. Intellectual Property Rights (IPR)
are the privileges accorded to the creator/inventor (of IP) in conformance with the laws. These
rights are given to the creator/inventor in exchange for revealing the process of
creation/invention in the public domain. The inventor is conferred with the special rights to
use, sell, distribute, offering for sale and restricting others from using the invention without his
prior permission.
The aforementioned rights do not apply to the physical object (e.g. book or computer or mobile
phone) in which the creation may be embodied but attributed to the intellectual creativity.
Broadly, IP comprises of two branches i.e. Copyrights and Related Rights and Industrial
Property Rights. Copyrights and Related Rights refer to the creative expressions in the fields
of literature and art, such as books, publications, architecture, music, wood/stone carvings,
pictures, portrays, sculptures, films and computer-based softwares/databases. The Industrial
Property Rights refer to the Patents, Trademarks, Trade Services, Industrial Designs and
Geographical Indications. The salient features of all the above-mentioned categories are
discussed in the ensuing chapters.
Origin of IP: Though there is no official record of the origin of IP, it is believed that a
rudimentary form of IP was being practised around 500 Before the Common Era (BCE) in
Sybaris, a state of Greece. The natives of Sybaris were granted a year protection for using
their intellect to create ―any new improvement in luxury. A practical and pragmatic approach
for IP governance started taking shape in medieval Europe. In 1623, Britain passed an
Intellectual Property Legislation which entitled guilds (association of artisans or merchants) to
create innovations and bring them to market for trade purposes. However, this legislation
brought a lot of resentment amongst the public, and thus was replaced by the
Statute of Monopolies, which gave the rights to the original creator/inventor for 14 years.
Another legislation, Statute of Anne, was passed by the British parliament in 1710. This
legislation aimed at strengthening copyrights by providing rights to the authors for recreation
and distribution of their work. The work could also be renewed for another 14 years. By the
end of the 18th century and the beginning of the 19th century, almost every country started
laying down IP legislation to protect their novel inventions and creations.
History of IP in India: The history of the Indian patent system dates back to the
preindependence era of British rule. The first patent related legislation in India was Act VI of
1856, adapted from the British Patent Law of 1852. The objective of this legislation was to
encourage the inventions of new and useful manufactures. The rights conferred to the inventor
were termed as Exclusive Privileges. In 1859, certain amendments were made to the Act, such
as: (a) Grant of exclusive privileges to useful inventions, (b) Increase of priority time from 6
months to 12 months, (c) Exclusion of importers from the definition of the inventor.
A few years later, it was felt that Designs could also pass the criteria of the invention and thus
should be included in the Patent Act. The new Act was rechristened as -The Patterns and
Designs Protection Act‖ under Act XIII of 1872. This Act was further amended in 1883 (XVI
of 1883) to include the provision of protection for Novelty in the invention. At the beginning
of the 20th century, all the earlier Acts related to inventions and designs were done away with
the introduction of The Indian Patents and Designs Act, 1911 (Act II of 1911). As per this Act,
the governance of patents was placed under the management of the Controller of Patents. In
the next three decades, many amendments were introduced for reciprocal arrangements with
other countries for securing priority dates.

The world’s first patent was granted in 1790 to Samuel Hopkins in USA for the "making of pot ash
and pearl ash by a new apparatus and process". In India, the first patent (known as
‘Exclusive Privileges’ at that time) was awarded in 1856 to a civil engineer, George Alfred
DePenning from Calcutta, for his invention, ‘An Efficient Punkah Pulling Machine’

After India got independence in 1947, many patent experts felt the need to review the Indian
Patents and Designs Act, 1911, keeping the national interest (economic and political) in mind.
A dedicated committee, chaired by a renowned Justice Bakshi Tek Chand (retired Judge of
Lahore High Court), was constituted in 1949 to review the advantages of the patent system.

IPR: Knowledge is considered to be the product of individual creativity, based on western

scientific thought and systems of knowledge creation. In this paradigm the intellectual property
rights can be referred as property rights to the products of mind, which are a result of an
individuals’ knowledge and creativity. Intellectual property rights there by gives legal rights
over creations of the mind, including both artistic and commercial creations. Intellectual
property law provides owners with certain exclusive rights to a variety of intangible assets, as
well the financial incentive of monopoly profits.
IPR are largely territorial or geographical based rights (that is it may differ from nation to
nation) except copyright, which is global in nature in the sense that it is immediately available
in all the members of the Berne Convention. These rights are awarded by the State and are
monopoly rights meaning there by that no one can use these rights without the consent of the
right holder. Except the copy rights and trade secrets, all the other intellectual property rights
need to be regularly renewed. IPR can be assigned, gifted, sold and licensed like any other
property. It would, however, be possible to utilise geographical indications for protecting some
agriculture and traditional products.
The following are the objectives of intellectual property rights:
1. It helps in protecting the ownership and originality of the individuals’ creation.
2. It provides recognition to the concerned person or authority.
3. It allows owners of intellectual property to have financial benefits from the
property they have created.
4. They are provided financial incentive for the creation of and also to incur
the cost of investment in intellectual property.
5. Such rights motivate individuals’ creativity and thus also contributes to
economic growth.
6. It can also offer some economic aid to the holder of the right, through the
monopoly of their creations.
7. It improves the financial status of the individual as well as of the economy
of the country.
Types of Intellectual Property Rights:
Intellectual property refers to the right over the intellectual work and not the work itself.
Intellectual property rights can be categorised into various types as per the nature of work. The
most common types of intellectual property are copyrights, trademarks, patents, industrial
design rights and trade secrets which can be explained as follows:
Copyright: India’s copyright law, laid down in the Indian Copyright Act, 1957 as amended by
Copyright (Amendment) Act, 1999, fully reflects the Berne Convention on Copyrights, to
which India is a party. Additionally, India is party to the Geneva Convention for the Protection
of rights of Producers of Phonograms and to the Universal Copyright Convention. India is also
an active member of the World Intellectual Property Organisation (WIPO), Geneva and
UNESCO. The copyright law has been amended periodically to keep pace with changing
requirements. The recent amendment to the copyright law, which came into force in May 1995,
has ushered in comprehensive changes and brought the copyright law in line with the
developments in satellite broadcasting, computer software and digital technology. The
amended law has made provisions for the first time, to protect performer’s rights as envisaged
in the Rome Convention.
It is a right that is provided to the owner of a literary or artistic work. It is an exclusive right to
control the publication, distribution and adaptation of creative works. Copyright laws deal with
the intellectual property of creative works like articles, books, music, software, painting, etc.
The right lies with the owner cum copyright holder for a certain period of time. As time lapses,
the work can be republished or reproduced by others. Usually, the timespan of a copyright
extends through the entire life of the owner and lasts up to a period of about 50 to100 years
after death. In case of anonymous works, the right lasts for 95 years after publication or 120
years after the creation.
➢ The Indian copyrights law, laid down in the Indian Copyright Act, 1957, fully reflects
the Berne Convention on Copyrights, to which India is a party. India is also an active
member of the World Intellectual Property Organisation, Geneva.
➢ The Act protects literary, artistic works and performance rights by making it unlawful
to reproduce such works without the owner’s permission.
➢ The author of the work is the first owner of the copyright in the work.
➢ Registration of the copyright is not compulsory either for acquiring copyright or for
enforcing by way of suit against the infringement of the copyright.
➢ The Copyrights Act protects the following classes of work: Original literary, dramatic,
musical and artistic works, Cinematography films, Sound recording
Trademarks: Companies, political parties, governmental bodies and several running
institutions can be identified or recognised on basis of certain symbols assigned by them. These
symbols are nothing but the trademark, which is generally used to identify a particular product,
which indicates its source. A trademark can be a combination of words, phrases, symbols,
logos, designs, images or devices, used by an individual, legal entity or business
organisation to distinguish their products from that of others. For example, one can identify the
products of Reebok/LG/Whirlpool/Godrej through their logo, which is embossed on their
products. Another example can be the logo of NGO’s like WHO, UNICEF and so on which
differentiates these institutions with each other. The organisations get their trademarks
registered and these trademarks are protected legally. If these trademarks are ever misused,
then the owners can claim legal actions against those persons who use their trademarks. The
right of trade marks defend the products and services of the company or institutions which
helps in developing their brand, including pharmaceuticals.
Patents: Patents are rights related to new discoveries. Patents are used to protect new product,
process, apparatus. The right to patent says that the invention is not obvious in light of what
has been done before or has not been duplicated and has not been disclosed anywhere in the
world at the time of the application. But of course, the patent can only be given to those
inventions which have a practical purpose. This right is conferred on persons who invent any
new machine, process, article of manufacture or composition of matter, biological discoveries,
etc. There are certain set criteria of patent which may differ from country to
country and ones’ invention should meet the set criteria in order to get their rights protected. In
general, the invention must be new, inventive and should be useful or can be applied in
industries. The person needs to get registered in order to receive the patent for his/her
invention. Once the individual has been granted the patent for the invention then he or she has
an exclusive right to control others from making, using, selling, or distributing the patented
invention without permission. Generally, the time limit of a patent is 20 years from the date of
filing the application (for the patent).
Industrial design rights: These rights also come under intellectual property and protect the
visual design of objects. These rights are assigned to the products distinguished by their novel
shape or pattern. The design may be in form of a shape, colour, pattern or a combination of all
these things. It can be an industrial commodity or a handicraft. The design can be either
two-dimensional (based on pattern, colours and lines) or three-dimensional (as per shape and
surface). The right is assigned on basis of several factors like, novelty, originality
and visual appeal. The person who has an industrial design right has the exclusive right to make
or sell any objects in which the design is applicable. The right is conferred for a period of 10
to 25 years. The design is required to be registered either nationally or under an EU (European)-
wide single right.
Trade secrets: Trade secrets are the rights assigned to the designs, practice, formulas,
instrument, processes, recipes, patterns or ideas being used or owned by a company to gain
economic advantage over its competitors. The owner of a trade secret does not possess any
right over anyone who gains access to that secret independently, but he can prevent the use of
trade secret by anyone who has learned it through the owner. For example, an employer can
protect trade secrets through contracts with his employees. It differs from other types of
intellectual property, because it is the responsibility of the owner to keep the secret and it is not
protected through government policies. Once the trade secret is disclosed, it can be applied as
well as exploited by any other person.
Significance Of Intellectual Property Rights:
An intellectual property right is an important right and values the creativity and originality
which is a result of an individual’s mind and intelligence. Therefore, it has several significance
and importance. Some of them include the following:
• Intellectual property rights provide incentives as well as recognition to the
concerned persons/ authorities/ nations/institutions/ or organisations.
• Intellectual property rights encourage innovations and ensures a better
quality of life. Industrial designs are what make a product attractive and appealing;
hence, they add to the commercial value of a product and increase its marketability.
• Just like the elements of a good product or service, the elements of a good advertisement
are likely to be imitated or copied by others. So, it is hardly surprising that one or more
types of IP rights come into play in creating content for an advertisement, or while
deploying an advertising campaign.
Infringement of copyright:
Illegal use or Violation by way of exploitation within authorisation of the author of the
copyright amounts to infringement. The governing principles for deciding the infringement of
copyright are as under:
➢ There can be no copyright in an idea, subject matter, themes, plots or historical or
legendary facts and violation in such cases is confined to the form, manner and
arrangement and expression of the idea by the author of the copyrighted work. Where
the same idea is being developed in a different manner it manifests that Intellectual
Property Rights the source being common, similarities are bound to occur. In such
cases, the Courts should determine whether or not the similarities are on fundamental
or substantial aspects of the mode of expression adopted in the copyright work. If
the defendant’s work is nothing but a literal limitation of the copyright variations of the
copyrights. In other words, in order to be actionable, the copy must be a substantial and
material one, which at once leads to the conclusion that the defendant is guilty of an act
of piracy.
➢ One of the surest and safest tests to determine whether or not there has been a violation
of copyright is to see if the reader, spectator or the viewer after having read or seen both
 the works is clearly of the opinion and gets an unmistakable impression that the
subsequent work appears to be a copy of the original.
➢ One of the surest and safest tests to determine whether or not there has been a violation
of copyright is to see if the reader, spectator or the viewer after having read or seen both
the works is clearly of the opinion and gets an unmistakable impression that the
subsequent work appears to be a copy of the original.
➢ Where, however, apart from the similarities appearing in the two works, there are also
material and broad dissimilarities which negate the intention to copy the original and
the co-incidences appearing in the two works are clearly incidental, no infringement of
the copyright comes into existence.
Court may take the assistance of an expert in complicated and technical aspects of the violation
of copyright(s).
• The test to detect piracy is to see whether mistakes and deviations occurring
in the original have also been reproduced.
• Law restraining human enterprise should be liberally construed and therefore Copyright
Act should not be interpreted so as to shut out research and scholarship.
• The burden lies on the plaintiff to satisfy the court that the defendant has infringed his
copyright.
• Innocence is no defence to a charge of infringement.
• An infringement is in the nature of an invasion of a right of property and therefore
intention of the infringer is immaterial provided there is infringement.
• For determination of the question of infringement, the result and not the intention is
relevant.
The owner of the literary work could bring action for infringement of copyright even
though the literary work was not registered. Non-registration of work does not prevent
an action for infringement.

Advantages of IPR: The main advantage of intellectual property rights (IPR) is to encourage
and protect the creation, distribution, and offering of new goods and services that are based on
the development and use of inventions, trademarks, designs, creative works, and other
intangible assets:
1. Economic growth: Giving statutory expression to the creators' economic rights and
fostering fair trade, intellectual property rights can support economic growth by
 fostering economic development. IPRs can generate income not only from direct
marketing but also by licencing them to third parties.
2. Fostering of culture: Copyright allows authors, performers, producers, and other
creators to receive an economic reward for their works that enrich cultural heritage,
enhance cultural diversity, and benefit society as a whole. These creative industries
include publishing, music, and film.
3. Technical information dissemination: Any member of the public, including researchers,
can use patent information even when a company, university, or research institution
does not intend to use its own patented inventions.
4. Impetus to fair competition: By allowing consumers to make informed decisions about
various products and services, the protection of IPRs such as distinctive signs aims to
encourage and ensure fair competition as well as to protect consumers.
5. Research and development: IPRs promote R and D activities due to the financial
benefits indirectly provided to the creators. These R and D facilitate two things: (1) It
facilitates the innovations and production of new technology, like a new formula of
drugs against any life-threatening disease, (2) This new technology/formula, after the
patent period, helps a large population (for example, through the development of
generics). Thus, it serves the social purpose of IPRs.
6. Collateral used to secure financing: IPRs, which are intangible assets, frequently aid
small and medium enterprises (including start-ups) in their efforts to persuade outside
parties to provide them with financing (such as investing equity or granting loans). The
financial industry, particularly knowledge-intensive SMEs, depends heavily on the
valuation of intangible assets, such as patents.
Offences of IPR: Actions and Remedies for Infringement:
The remedies in cases of infringement of intellectual property rights are available through
action in three channels: civil procedure, criminal procedure and administrative procedure. In
addition to these there are always technological measures that the owner of IP can employ to
minimise, if not eliminate, the possibilities of infringement of his IPRs, and detect the incidence
of infringement. The TRIPS Agreement, Part III (Article 41 to 61) deals with the enforcement
of intellectual property rights. Members of the WTO have the general obligation to provide
under their law enforcement procedures to permit effective action against any act of
infringement of IPRs. The remedies should be expeditious and deterrent to further
infringements. The procedures should not create barriers to legitimate trade and provide for
safeguards against their abuse; they should be fair and equitable and not unduly costly or
complex; there should be no unreasonable time limits or undue delays. The last two
qualifications are important because the effectiveness of the IPR depends on whether they
could be speedily enforced and with low cost. The TRIPS also lays down other requirements
for enforcement process: right to be heard and give evidence; right to have a prompt, reasoned,
written decision; judicial review, written notice of claims, legal representation; protection of
confidential information; discovery of information held by the other party; and indemnification
against abuse of enforcement procedure.

• Remedies in cases of infringement of IPR can be available through action in three

channels, viz. civil proceedings, criminal proceedings and administrative action.
Also, one should take technological measures to prevent and detect incidence of
IP infringement.
• In a litigation on IP infringement, there is the plaintiff (who is the owner or the licensee
of the IPR which is infringed), the defendant (who is the person accused of committing
the alleged infringing act) and the Court, which has the jurisdiction in the case and
where the trial is conducted.
• In a civil case, the plaintiff can seek as relief, injunction (including interim injunction),
damages or alternative account of profit, delivery up, or otherwise. Even pre-trial relief
can be given on court’s satisfaction. Civil suits do not award imprisonment.
• In a criminal case penalties are tougher than in a civil case. Imprisonment is a real
possibility, but the standards to prove a liability in a criminal action are more stringent
than in a civil case. In a criminal case there is no pre-trial or interim relief or even
damages available. One has to wait for the final outcome of the proceedings. As
businessmen are generally considered with prompt relief and recovery of damages, civil
proceedings remain the favoured option, though criminal proceedings have more inbuilt
deterrence.
• Administrative action can be taken to stop import of infringing goods at the border, if
the owner of the IP requests the customs authorities for it. Excise authorities and
authorities to test quality and check standards also play useful role in containing
infringement activity.
• Some evidential aspects need to be noted. If the infringement pertains to a process
patent it is for the defendant to prove that the process he has used to obtain an identical product
is different from the patented process. This is the reversal of the burden of proof, as normally
the plaintiff is required to prove his charge. In trademark infringement evidence may come
from the trade (wholesalers, retailers, etc.) and market surveys.

Basic of Plagiarism Policy of UGC:

These policy are required for the assessment of academic and research work done leading to
the partial fulfilment for the award of degrees at Masters and Research level, by a student or a
faculty or a researcher or a staff, in the form of thesis, dissertation and publication of research
papers, chapters in books, full-fledged books and any other similar work, reflects the extent to
which elements of academic integrity and originality are observed in various relevant processes
adopted by Higher Educational Institutions (HEIs).

• These regulations shall be called the University Grants Commission (Promotion of

Academic Integrity and Prevention of Plagiarism in Higher Educational Institutions)
Regulations, 2018.
• They shall apply to the students, faculty, researchers and staff of all Higher Educational
Institutions in the country.

Some Important Definitions:

➢ “Plagiarism” means the practice of taking someone else’s work or idea and passing
them as one’s own.
➢ “Academic Integrity” is the intellectual honesty in proposing, performing and
reporting any activity, which leads to the creation of intellectual property.
➢ “Author” includes a student or a faculty or a researcher or staff of Higher Educational
Institution (HEI) who claims to be the creator of the work under consideration.
➢ “Information” includes data, message, text, images, sound, voice, codes, computer
programs, software and databases or microfilm or computer-generated microfiche.
➢ “Script” includes research paper, thesis, dissertation, chapters in books, full-fledged
books and any other similar work, submitted for assessment / opinion leading to the
award of master and research level degrees or publication in print or electronic media
by students or faculty or researcher or staff of an HEI; however, this shall exclude
assignments / term papers / project reports / course work / essays and answer scripts
etc.
 ➢ “Source” means the published primary and secondary material from any source
whatsoever and includes written information and opinions gained directly from other
people, including eminent scholars, public figures and practitioners in any form
whatsoever as also data and information in the electronic form be it audio, video, image
or text; Information being given the same meaning as defined under Section 2 (1) (v)
of the Information Technology Act, 2000.

Objective of Plagrism Policies:

❖ To create awareness about responsible conduct of research, thesis, dissertation,

promotion of academic integrity and prevention of misconduct including plagiarism in
academic writing among student, faculty, researcher and staff.
❖ To establish institutional mechanism through education and training to facilitate
responsible conduct of research, thesis, dissertation, promotion of academic integrity
and deterrence from plagiarism.
❖ To develop systems to detect plagiarism and to set up mechanisms to prevent plagiarism
and punish a student, faculty, researcher or staff of HEI committing the act of
plagiarism.

Similarity checks for exclusion from Plagiarism:

The similarity checks for plagiarism shall exclude the following:
➢ All quoted work reproduced with all necessary permission and/or attribution.

➢ All references, bibliography, table of content, preface and acknowledgements.

➢ All generic terms, laws, standard symbols and standards equations.

Levels of Plagiarism:
Plagiarism would be quantified into following levels in ascending order of severity for the
purpose of its definition:

• Level 0: Similarities up to 10% - Minor similarities, no penalty

• Level 1: Similarities above 10% to 40%

• Level 2: Similarities above 40% to 60%

• Level 3: Similarities above 60%

Penalties: Penalties in the cases of plagiarism shall be imposed on students pursuing studies
at the level of Masters and Research programs and on researcher, faculty & staff of the HEI
only after academic misconduct on the part of the individual has been established without
doubt, when all avenues of appeal have been exhausted and individual in question has been
provided enough opportunity to defend himself or herself in a fair or transparent manner.
Penalties in case of plagiarism in submission of thesis and dissertations: Institutional
Academic Integrity Panel (IAIP) shall impose penalty considering the severity of the
Plagiarism.
• Level 0: Similarities up to 10% - Minor Similarities, no penalty.
• Level 1: Similarities above 10% to 40% - Such student shall be asked to submit a
revised script within a stipulated time period not exceeding 6 months.
• Level 2: Similarities above 40% to 60% - Such student shall be debarred from
submitting a revised script for a period of one year.
• Level 3: Similarities above 60% -Such student registration for that programme shall
be cancelled.
Note 1: Penalty on repeated plagiarism- Such student shall be punished for the plagiarism
of one level higher than the previous level committed by him/her. In case where plagiarism of
highest level is committed then the punishment for the same shall be operative.
Note 2: Penalty in case where the degree/credit has already been obtained - If plagiarism
is proved on a date later than the date of award of degree or credit as the case may be then
his/her degree or credit shall be put in abeyance for a period recommended by the IAIP and
approved by the Head of the Institution.
Penalties in case of plagiarism in academic and research publications:
➢ Level 0: Similarities up to 10% - Minor similarities, no penalty.
➢ Level 1: Similarities above 10% to 40% - Shall be asked to withdraw manuscript.
➢ Level 2: Similarities above 40% to 60%
• Shall be asked to withdraw manuscript or shall be denied a right to one annual
increment or shall not be allowed to be a supervisor to any new Master’s, M.Phil.,
Ph.D. Student/scholar for a period of two years.
➢ Level 3: Similarities above 60%
Shall be asked to withdraw manuscript or shall be denied a right to two successive
annual increments or shall not be allowed to be a supervisor to any new Master’s,
M.Phil., Ph.D. Student/scholar for a period of three years.
Note 1: Penalty on repeated plagiarism - Shall be asked to withdraw manuscript and shall be
punished for the plagiarism of one level higher than the lower level committed by him/her. In
case where plagiarism of highest level is committed then the punishment for the same shall be
operative. In case level 3 offence is repeated then the disciplinary action including
suspension/termination as per service rules shall be taken by the HEI.

Note 2: Penalty in case where the benefit or credit has already been obtained - If plagiarism
is proved on a date later than the date of benefit or credit obtained as the case may be then
his/her benefit or credit shall be put in abeyance for a period recommended by IAIP
(Institutional Academic Integrity Panel) and approved by the Head of the Institution.
Note 3: HEIs shall create a mechanism so as to ensure that each of the paper
spublication/thesis/dissertation by the student, faculty, researcher or staff of the HEI is checked
for plagiarism at the time of forwarding/submission.
Note 4: If there is any complaint of plagiarism against the Head of an HEI, a suitable action,
in line with these regulations, shall be taken by the Controlling Authority of the HEI.
Note 5: If there is any complaint of plagiarism against the Head of Department/Authorities at
the institutional level, a suitable action, in line with these regulations, shall be recommended
by the IAIP and approved by the Competent Authority.
Note 6: If there is any complaint of plagiarism against any member of DAIP (Departmental
Academic Integrity Panel) or IAIP, then such member shall excuse himself / herself from the
meeting(s) where his/her case is being discussed/investigated.