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WHAT IS ETHICS, TYPES OF ETHICS,
EURO -AMERICAN ETHICS, ETHICS IN
OTHER PARTS OF THE WORLD,
HISTORICAL INFLUENCES
Unit Structure
1.0 Objectives
1.1 Introduction
1.2 Meaning of Ethics
1.3 Nature of Ethics
1.4 Ethics is a Normative Science
1.4.1 Ethics is Science of Character
1.4.2 Ethics is not a practical Science
1.4.3 Ethics is not an Art
1.5 Scope of Ethics
1.6 In Morale Sphere
1.7 In Social Sphere
1.8 In Religious Sphere
1.9 Political Consideration
1.10 Types of Ethics
1.11 Euro -American Ethics
1.11.1 Europe's Ethical Values
1.11.2 Africa's Ethical Values
1.11.3 Latin America and its constituent countries
1.11.4 Asia's Ethical Values
1.12 Historical Influences
1.13 Summary
1.14 Questions
1.15 References munotes.in

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2 1.0 OBJECTIVE
 To examine the distinctions between ethics and other sciences
 To elucidate the nature and significance of moral consciousness
 To demonstrate the significance of ethics in the operation of human
behaviour
1.1 INTRODUCTION
Ethics is the study of morality from a philosophical perspectiv e. It is a
major subfield of philosophy that correlates to the traditional divisions of
philosophy into formal, natural, and moral. It can be expanded into a study
of goodness, proper action, practical ethics, meta -ethics, moral
psychology, and moral respo nsibility metaphysics. The study of virtue and
appropriate action, in general, is the primary objective of ethics. Its
substantive topic is correlative: how rational are we as human beings, and
what moral norms should govern our choices and pursuits?
1.2 M EANING OF ETHICS
The term "ethics" derives from the Greek word 'ethos,' which means
"character" or "behaviour." Additionally, ethics is referred to as moral
philosophy or philosophical reflection on morality. This morality has been
expanded to include acti ons and behaviours associated with 'good' or 'evil',
as well as those associated with particular traditions, communities, or
individuals.
The terms ‘moral' and 'ethical' are frequently used interchangeably with
the terms 'right' and 'good', as opposed to ' immoral' and 'unethical'. It does
not signify morally correct or morally desirable, but it does refer to
morality.
Ethics is the branch of science concerned with moral behaviour, with what
is right or wrong, with what is good or evil in human behaviour. It
elucidates the principles that guide human behaviour. It becomes clearer
when the origins of the terms right and good are discussed. The term 'right'
comes from the Latin word ‘rectus,' which literally translates as ‘straight'
or ‘according to rule’. This suggests that we are preoccupied with the
concepts that guide our behaviour.
The definition of the term 'right' illuminates one facet of ethics. Rules are
a means to an end, and wherever there are means, there must also be an
objective or goal. If Right i s the means to a goal, the question becomes
what should be the end. The answer to this question can be found only by
analysing the word 'good,' which is derived from the German term 'gut.'
Gut refers to something handy or serviceable for a particular end o r
purpose. When we say that a particular school is good, we imply that it is
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3 Thus, in our daily lives, we do not define good as something that serves a
purpose; rather, we define it as the purpose or good itself. As a result, we
conclude that ethics is concerned with the end or purpose of life. As we all
know, there are an infinite number of things that might be considered good
in our lives and the lives of others. Ethics as a science is not concerned
with the indivi dual's welfare; rather, it is concerned with the supreme goal
or ultimate objective toward which the individual's entire life is geared -
the 'Summum Bonum'.
1.3 NATURE OF ETHICS
Ethics is a term that refers to the principles that determine what humans
should do, typically in terms of rights, responsibilities, justice, and special
virtue. It relates to concerns of propriety - rightness and wrongness, what
constitutes ethical behaviour and what constitutes unethical behaviour.
Occasionally, the terms 'appro priate', 'fair', and 'just' are used in place of
the terms 'right' and 'ethical’.
A layman may observe that 'pleasure is good' or that 'national prosperity is
beneficial’. The situation becomes serious when we connect pleasure or
prosperity with goodness. It can be accepted that pleasure or prosperity is
a desirable aspect of life. However, no rational person would say that good
is defined solely by pleasure or that prosperity is the definition of good. A
virtuous man or ethical man was defined by Plato and Aristotle as one
who was a good citizen.
In terms of the practical components of the study of ethics, one may argue
that ethics is a theoretical examination of moral dilemmas. Such a
declaration may be meaningless to the average person. It is said that o nly
experience can deepen the ethical dimension of the human mind and that
no amount of theoretical information can potentially raise man's ethical
standard. Long ago, Socrates declared that virtue is knowledge. He was
attempting to demonstrate that no one can be moral by accident or without
a true understanding of the nature of moral action. According to Jaina
ethics, which is defined as the practical application of non -violence as the
highest virtue, 'knowledge must precede compassion.' These assertions
alone demonstrate that understanding virtue is necessary for practising it.
Thus, the theoretical explanation of an ethical problem serves as the
bedrock for its practical implementation. Western civilisation has placed a
greater focus on material advance ment and has maintained a separation of
science and religion, as well as metaphysics and ethics. The west's
dualistic mindset has ruined individuals' normal lives and led man to the
verge of suicide. With man's dominance over nature, his dream of
interpla netary travel is becoming a reality. But the average person on the
earth is not at peace with himself.
Today's world is rife with doubt and anxiety. The ethical values
established thousands of years ago by Indian sages are universal standards
that can be followed at any time and are a permanent cure for the evils that
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4 never considered as simply moral doctrines but as a way of spiritual
existence through which both the person and soc iety might evolve
harmoniously.
The brief explanation of the nature of ethics demonstrates unequivocally
that it is concerned with human existence and that it evaluates human
behaviour normatively. That is why many thinkers have established
various definit ions of ethics. Mackenzie notes that ethics is a broad
examination of the ideals at work in human life. According to Dewey, the
purpose of ethics is to illuminate what is right and proper in behaviour.
According to G. E. Moore, ethics is concerned with the supreme good. All
of these definitions suggest that the issue of ethics encompasses human
social behaviour. Unless and until we explain the nature of normative
science, our understanding of ethics will remain incomplete.
1.4 ETHICS IS A NORMATIVE SCIENCE
It is primarily concerned with what should be done rather than with what
actually occurs. It is dissimilar to positive science. While positive science
is concerned with facts and their causes, ethics is concerned with morals.
It assesses the standards or r ules by which we can determine if human
activity is correct or incorrect. Additionally, logic and aesthetics are
considered normative sciences.
1.4.1 Ethics is Science of Character
Unlike scientific and factual science, ethics is a normative science.
Each science is concerned with a distinct branch of knowledge. Thus,
ethics as a science has its own subfield. It is concerned with specific
judgments we make about human behaviour.
According to Muirhead, "ethics is not only concerned with temporal
behaviour; i t serves as the foundation for legal decision -making." Ethics,
according to intuitive, is the science of right. The fundamental notion is
correct. It should be followed in all cases. It is right to act in line with the
law, and it is wrong to act in violat ion of it. Man is obligated to obey the
law; this is referred to as duty predominating ethics.
According to Formalist ethics, ethical laws are self -contained. They are
not intended to aspire to some other ideal. According to Immanuel Kant,
the sole gem is benevolence. He meant that nothing in the world, or even
outside of it, is truly good, save for good intent. The conscience is
inherent, and it rapidly gains knowledge of right and wrong. According to
Teleologist, the supreme element is good; the obligatio n is for ethical
liberation, not for the sake of duty. Laws are not enacted for the sake of
law, but to further the common welfare. Adhering to the law is an
obligation because it promotes ethical behaviour. Any act is either right or
evil in light of the moral standard.
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5 1.4.2 Ethics is not a practical Science
Ethics is not a practical science; it merely directs us toward a specific
objective. Its path is distinct from that of practical science, which is a
means to an end or set of values. For instance, me dical science is a
technique for eradicating disease's causes. Thus, ethics seeks to determine
what the ultimate purpose of life is and how it might be accomplished.
1.4.3 Ethics is not an Art
Art is outcome -driven, whereas ethics is motivation -driven. Acc ording to
Mackenzie, the ultimate appeal of art is to the work accomplished,
whereas the final appeal of morals is to inner peace. Art is particularly
concerned with the acquisition of competence in the production of objects.
Thus, ethics is distinct from art in that it is predicated on goodness, which
is a truly intrinsic goal. Mackenzie emphasises once more that ethics can
never be considered an art form because virtue possesses two unique
characteristics that are unimportant in art.
To begin, virtue imp lies action. We cannot see a guy as virtuous unless he
is one who not only understands morality but also practises it. In the case
of an art, skill predominates over actual activity. In other words, a good
painter is the one who can create beautiful works of art; a good man, on
the other hand, is the one who acts morally. A good painter is also good
while sleeping or travelling.
When a man is asleep or on a journey, he is not a decent man. Thus,
goodness is an activity, not a capacity or a potentiality. Tha t is why
Aristotle asserts that 'virtue is a form of habit.' It is the habit of making the
correct choice. In other words, virtue is the product of a synthesis of
knowledge and habit, consciousness and action, mind and volition.
1.5 SCOPE OF ETHICS
Ethics encompasses its own topic matter. Ethics is a normative discipline
that examines moral ideals or what is good in human behaviour. As a
moral science, it does not probe into the origins of human behaviour, but
rather focuses on the contents and diverse dif ficulties of moral
consciousness, such as reasons, intentions, and voluntary actions.
Each science and discipline has a distinct field of study. It remains within
the confines of that subject's scope. Additionally, ethics is a subject of
research. Ethics is a problem that affects our daily lives. It is a critical area
of study in contemporary times because no human institution can advance
without morality. Ethics is the study of the valued goals and values that
are necessary for human society's growth, dev elopment, and progress.
Regrettably, people have lost the higher principles of life and are obsessed
with power and money. According to Prof. Mackenzie, "the
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6 Thus, morality is a critical aspect o f the human personality. The scope of
ethics is broad, but it is primarily concerned with the principles or causes
of action, such as the following:
 What obligation is universal?
 What is the source of all good deeds?
 A sense of obligation and accoun tability.
 Both the individual and the society.
The entire issue falls under the purview of ethics.
Let us examine one as an individual and one as a society. Each community
has its own set of customs, traditions, ethos, and more. Individuals must
adhere t o these conventions and traditions. The relationship between the
individual and society is a critical issue in ethics. According to some
scholars, morality is an individual phenomenon. However, some argue that
morality should be guided by the greater good of society. Apart from that,
each individual must have his/her own moral code. This is what we refer
to as life principles.
A code of conduct of this nature should be self -imposed. We can use
ethics to assist us in framing this code. Second, there are sp ecific societal
obligations and responsibilities. Ethics can help us become aware of them.
Thus, ethics is a manual of moral principles.
Human beings possess unique power of pure reason. They have a
conscience distinct from consciousness. According to Aris totle, man is
a'social animal.' It entails requiring human intervention in order to
maintain sociability. And their opposing survival and dominance
inclinations constantly force him to confront the dichotomy of selfishness
and altruism. Thus, ethics has se rved as a tool for the individual's moral
superiority to develop amicable relationships with others in the present
and future. Whenever human behaviour is in operation, ethical issues may
arise. These spheres can be classified into four broad categories:
● Moral
● Religious
● Social
● Political
1.6 IN MORALE SPHERE
Ethics tries to conduct a critical examination of the numerous ideas that
have been promulgated, occasionally promoted by various thinkers. It
explained the many qualities and vices manifested by men in their
interactions with others. It has been claimed that a life of virtue can benefit
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7 be a good citizen. A life of virtue is often referred to as a rational life.
Thus, mora lists' primary interests have been virtue and reason. Moral
growth is only conceivable when this oneness is fully expressed in the
behaviour of its members.
1.7 IN SOCIAL SPHERE
As is well known, each community has its own set of institutions,
customs, and norms.
However, with time, they begin to exert an unfavourable influence on the
minds of the populace. Ethics enlightens us morally and demonstrates how
they should be reformed. As another social institution, the family must
contribute to the moral develo pment of the kid. Additionally, it is prone to
numerous prejudices, which may have a detrimental effect on the minds of
its members. Rather than encouraging sound moral traditions and
practices, it may sway the minds of its members. Ethics is a powerful to ol
for addressing all of these concerns of moral and immoral influences,
attitudes, and practices that affect man's social aspect. The concept of
value is central to ethics.
1.8 IN RELIGIOUS SPHERE
As is well known, each community has its own set of instit utions,
customs, and norms.
It is largely concerned with issues such as God's existence, the immortality
of the soul, and religious consciousness. Indian ethics has always been
viewed as a religious discipline aimed at achieving salvation (Moksha).
Even in the west, certain thinkers such as Kant and Spinoza viewed ethics
as a practical discipline that conveys human life's basic existence.
Religious effects are constrained by pre -established moral and spiritual
standards. Religion and morality are inextricab ly linked. In the sphere of
religion, morality promotes higher values and qualities. Thus, it is quite
beneficial in purging religion's dogmatism.
1.9 POLITICAL CONSIDERATION
Moral behaviour is political in nature. All political considerations are
ultimat ely evaluated in light of the people's moral ideals. Institutions such
as democracy, fascism, and communism, among others, must be subject to
the rule of law, and ethics must take precedence. After all, an ethical style
of life reflects human personality.
As such, it is apparent that ethics is concerned with social, theological,
moral, and cultural questions that pertain to the pursuit of the highest
good. It covers new issues in the modern era, as a result of the introduction
of new technologies, which has increased the burden on ethical
philosophers.
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8 1.10 TYPES OF ETHICS
Moral Realism
Moral realism is predicated on the belief that the cosmos contains
objective moral facts or truths. Moral assertions provide empirical
evidence for such facts.
Subjectivism
Subjectivism maintains that moral judgments are merely expressions of an
individual's feelings or attitudes, and that ethical formulations do not
contain objective truths about goodness or evil.
In further depth, subjectivists define moral assertions as ex pressions of a
person's or group's feelings, attitudes, and emotions concerning a
particular problem.
When someone says something is nice or awful, the person is informing
us of his/her positive or negative feelings about it.
Therefore, when someone says ‘murder is bad,' they are expressing their
disapproval of murder.
These assertions are accurate if the individual possesses a suitable mindset
or feelings. They are untrue if the individual does not.
Emotivism
Moral claims, according to emotivism, are noth ing more than emotions of
approbation or disapproval.This sounds like subjectivism, but in
emotivism, a moral statement expresses rather than conveys information
about the speaker's feelings about the subject.
When an emotivist says "murder is wrong," it's equivalent to saying
"down with murder" or "murder, yecch!" or just stating "murder" while
pulling a terrified expression or simultaneously making a thumbs -down
sign.
Thus, when someone makes a moral judgement, they express their
emotional response to som ething. Additionally, some theorists argue that
when someone expresses a feeling, they are instructing others on how to
behave toward the subject matter.
Prescriptivism
According to prescriptivists, ethical declarations are directives or
recommendations. T herefore, when I say something is good, I am advising
you to do it; when I say something is terrible, I am advising you not to
do it.
Any real -world ethical statement nearly always contains a prescriptive
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9 that contains an 'ought.' For instance, "lying is wrong" can be rephrased as
"people should refrain from telling lies."
Where does ethics originate?
Philosophers offer a variety of responses to this question:
Religion and God
Conscien ce and intuition are inherent in humans
A logical moral analysis of the costs and benefits of acts and their
consequences
The illustrious example of upright human beings
A desire for the best possible outcome for individuals in each given
situation Politic al influence
Supernaturalism
Supernaturalism renders ethics inextricably linked to religion. It teaches
that God alone is the source of moral rules. Thus, something is good if
God declares it to be so, and the only way to live a decent life is to do
what G od desires.
Intuitionists
Intuitionists believe that good and evil are objective, unbreakable
characteristics. Something is excellent simply because it is; its goodness
does not require justification or proof.
Adults can perceive virtue or evil, according to intuitionists; they assert
that human beings possess an intuitive moral sense that permits them to
discern true moral facts.
They believe that fundamental moral truths about what is right and wrong
are self -evident to anybody who applies their thoughts to moral concerns.
Thus, good things are those that a rational person recognises as such after
deliberating on the matter.
Avoid becoming perplexed. To the intuitive:
Moral truths are not discovered through deductive reasoning.
Moral truths are not found b ased on gut feeling.
Moral truths are not learned by the exercise of emotion.
It's more of a moral 'aha' moment - a moment of recognition of the truth.
Consequentialism
This is the ethical framework that the majority of non -religious people
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themselves.
According to consequentialism, people should do whatever causes the
largest number of beneficial consequences.
'The greatest good for the greatest number of people' is a well -known way
of saying this.
The most prevalent kinds of consequentialism are various variants of
utilitarianism, which emphasise acts that maximise happiness.
Despite its evident common -sense appe al, consequentialism is a
sophisticated theory that does not resolve all ethical dilemmas.
Two difficulties with consequentialism are as follows:
This can lead to the belief that certain truly heinous behaviours are
beneficial.
It is frequently exceedingly difficult to forecast and evaluate the
implications of one's actions.
Virtue ethics
Virtue ethics is concerned with virtue or moral character rather than with
ethical obligations and rules or with the consequences of actions - fact,
some members of this s chool deny the existence of universal ethical
principles.
Virtue ethics is more concerned with how individuals conduct their lives
than with evaluating specific behaviours.
It expands on the concept of good acts by examining how virtuous people
exhibit the ir inner goodness through their behaviours.
Simply defined, virtue ethics argues that an action is right if and only if it
is an action that a virtuous person would do in the same circumstances and
that a virtuous person is someone who possesses exceptiona l character.
Situation ethics
Situation ethics opposes prescriptive norms and says that ethical decisions
should be made on a case -by-case basis.
Rather than according to regulations, the decision maker should be
motivated by a desire to do what is best fo r the individuals concerned.
There are no moral standards or entitlements; each case is unique and
requires a unique resolution.
Ideology and ethics
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They frequently continue by claiming that the dominant political class
uses ethics as a tool to exert control over the rest of society.
Cynics argue that power elites impose an ethical code on others to aid in
their control, but do not apply it to their own behaviour.
Check your Progress
1) Discuss Ideology and ethics and their importance
2) What are virtue ethics?
3) Who are Intuitionists
1.11 EURO -AMERICAN ETHICS
Americans are slightly more likely than Western Europeans to believe that
military force is sometimes necessary to maintain global order.
Additionally, Americans, more than their Western European partners,
believe that gaining UN approval before using military force would make
dealing with a worldwide danger prohib itively complex. And Americans,
with the exception of the French, are less motivated to assist other nations
than Western Europeans.
This section compares global value systems. We shall analyse Europe's,
Asia's, North and South America's, and Africa's valu e systems. Following
that, we shall compare various value systems on a worldwide scale. At this
point, we adopt a descriptive moral relativism framework: following "an
empirical thesis that may be confirmed or rejected in principle by
psychological, social , and anthropological research."
When considering a definition of "value system," we refer to the
following: "A value system is a way of conceptualising reality that
encompasses a consistent set of values, beliefs, and corresponding
behaviour and can be fo und in individuals, businesses, and societies" and
"when a number of critical or pivotal values pertaining to organisational
behaviours and state -of-affairs are shared across units and levels by
members of an organisation, a value system is formed."
As has long been the case, American values diverge significantly from
those of Western Europeans. Americans, in particular, are more
independent and less supportive of a strong safety net than their
counterparts in the United Kingdom, France, Germany, and Spain.
Additionally, Americans are significantly more religious than Western
Europeans and are more conservative in their attitudes about
homosexuality.
Value systems are claimed to exist inside all types of organisations,
including businesses, interest groups, and political organisations.
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12 1.11.1 Europe's Ethical Values
Numerous attempts have been made to demonstrate major value systems
in Europe and/or the world. Europe is characterised by a diversity of value
systems associated with religious and ideological d enominations.
To begin, the largely protestant continent of Europe is considered having a
separate value system, with a strong emphasis on self -expression and
secular -rational principles. These ideals are more modest in the primarily
Catholic region. Anoth er significant division in Europe is between ex -
communist and non -communist countries.
The implementation of a political system such as communism has an
effect on people's value preferences; this is partly due to the social -
economic constraints imposed by such a system. The English -speaking
area of Europe is seen as having a distinct value system because of its
comparatively high self -expression values but low secular -rational values.
Arguably, the European enlightenment shaped the prominent
characteristics of the European value system. The enlightenment ushered
in a transition away from traditional values and toward secular rational
values. A development happened in response to this cultural shift in
thought, culminating in the concept of human rights, whic h was heavily
influenced by thinkers such as Kant and Locke. A critical concept in this
regard is the centrality of human dignity in the European value system,
defined as the capacity of humans to self -regulate morally.
Justice, solidarity, equality, digni ty, citizen's rights, liberties, and
sustainability are fundamental European ideals that stem from Europe's
intellectual heritage.
According to the Eurobarometer poll, the qualities most valued by EU
citizens are "tolerance, respect, and a sense of respons ibility." The ESS
scale identifies seven basic European values: security, self -direction,
stimulation, hedonism, and coupled values of tradition/conformity,
universalism/benevolence, and power/achievement.
1.11.2 Africa's Ethical Values
There is no such th ing as a "one" African culture or society. Africa is
large, with 54 separate nations, a population of 1.02 billion, and over
3,000 ethnic groups. Along with French, English, Portuguese, German,
Spanish, and Italian, the country is home to over 1,000 indige nous
languages.
The United Nations Statistics Division classifies the continent into five
geographical subregions: 1) Northern, 2) Western, 3) Central, 4) Eastern,
and 5) Southern Africa.
However, a significant distinction should be made between countries north
of the Sahara and those that comprise what is referred to as sub -Saharan
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13 While the history of Africa in the north of the Sahara (predominantly Arab
countries) has been inextricably linked to that of the Mediterranean basin,
the south develope d its own traditions that remained largely unaffected by
external influences until the age of European geographical explorations in
the 15th and 16th centuries. Significant regional survey projects that shed
light on societies'
Political and cultural value s, on the other hand, are cognizant of the
aforementioned split. There is a contrast between Afrobarometer, which
examines sentiments in Sub -Saharan Africa, and the Arab Barometer,
which monitors events throughout the Arab world, including North Africa.
African morality is humanitarian, societal, and duty -driven. Humanism -
as an ideology that prioritises the welfare, interests, and needs of humans –
is central to Africa's moral system. Such a morality, centred on concern
for the welfare and interests of ea ch community member, would logically
be a social morality dictated by social life. Because each human being is
born into an existing human civilization, sociality is considered natural to
the human person. As a result, each individual has a social and mora l role
to play in the form of obligations, commitments, and duties to other
community members. The African moral system elevates the concept of
obligations to a level comparable to that accorded to the concept of rights
in Western ethics. The African Chart er on Human and Peoples' Rights
expressly mentions duties, in contrast to comparable agreements that
emphasise primarily rights.
1.11.3 Latin America and its constituent countries
The United Nations Statistics Division divides the continental region of
Latin America and the Caribbean into three geographical subregions: a)
the Caribbean, b) Central America, and c) South America.
Latinobarómetro, an annual public opinion survey conducted in 18 Latin
American nations, identifies two primary Latin American sub -regions as
a) Central America and b) South America and Mexico. The
AmericasBarometer, a comparable poll that seeks to quantify democratic
values and behaviours across the Americas, also distinguishes between
Central and South America.
1.11.4 Asia's Ethical Values
Asia, according to the world's cultural map, does not occupy a unified
location but is rather separated into distinct regional value systems. A
sizable portion of North East Asia is culturally represented by the
"Confucian" value system. As so, it is the only region defined by the
influence of a single thinker, Confucius. However, Confucian traditions
are extremely diverse, and the common denominator of this value system
is reportedly found in Confucian education and the spread of ethical
ideals, ra ther than in cultural homogeneity.
Confucian secular ethics is founded on the following principles: self -
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14 Additionally, the Confucian tradition is defined by a hierarchical social
structure and reciprocal obligations between superior and subordinate.
Confucianism is a secular ethical framework that has adoptedelements of
Western enlightenment thinking at various stages.
As a result, this may explain why Asian Confucian civilizations score
highly on secularrational values. Japan is an anomaly in terms of self -
expression ideals when compared to other Confucian countries, owing in
part to its rapid economic expansion following World War II. South Asia,
which encompasses South, Central, and Southeast Asia, is the other value
system in Asia seen on the cultural map. One feature that distinguishes the
countries included in this value system is their populace's high level of
religiosity.
Islam has had a major influence on Indonesia and Malaysia's public
morality. This may account for the fact that the countries within the South
Asia value system score relatively highly on traditional values. Israel is an
exception in this region, owing to the fact that a sizab le portion of its
population has recently relocated from Western countries.
While a large portion of Russia's geography is considered to be Asian, it
also maintains an outlier position on the cultural map as a result of its
(ex)communist value system. A pr obable explanation for its rank, which
includes a high score on survival values, is its unstable economic progress
following the Soviet Union's fall.
1.12 HISTORICAL INFLUENCES
The term ethics is used in three different but related meanings, signifying
1) a general pattern or "way of life,"
(2) a collection of rules of action or "moral code," and
(3) inquiry regarding ways of life and rules of conduct.
In the first meaning, we speak of Buddhist or Christian ethics; in the
second, we speak of professional ethics and unethical action. In the third
meaning, ethics is a discipline of philosophy that is sometimes given the
particular label of metaethics. The present discussion will be limited to the
history of philosophical or "meta" ethics, for two reasons. F irst, since it is
difficult to cover, with any degree of depth, the history of ethics in either
of the first two senses. Practices and the codification of practices are the
threads out of which all of human civilization is spun, such that the history
of ethics in either of these definitions would be far too big a subject for a
single essay. Second, although ethical philosophy is often understood in a
broad way as including all significant thought about human conduct, it can
well be confined within manageabl e limits by separating purely
philosophical thought from the practical advice, moral preaching, and
social engineering that it illuminates and from which it receives
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15 prevalent noti on that philosophy in general, and ethical philosophy in
particular, was invented by the Greeks.
Check your Progress
1) Discuss Asia’s ethical values.
2) Discuss Africa’s ethical value
3) Discuss Europe’s ethical value
1.12 SUMMARY
What do we or should we mean by "good" and "bad"? What are the proper
standards for judging good and bad? How do value judgments differ from
and rely on factual assessments? When these issues are answered, it is
critical to distinguish between value judgments that are beneficial, right,
moral, and just. So our topic is the meaning and standards of good in
general, and of well -being, correct action, moral character, and justice in
particular. These are not watertight compartments. Many philosophers
reject categorical distinctions. To disen tangle the different issues on which
philosophers have taken competing positions, the history of ethics might
be regarded as irregular progress toward comprehensive clarification of
each form of ethical judgement, their inherent essence.
1.13 QUESTIONS
1. State the meaning and nature of ethics.
2. Discuss in detail ‘Ethics as Science’.
3. Explain the scope of ethics.
4. Discuss in detail the types of ethics.
5. Write short notes on:
a. Euro -American ethics
b. Asia’s ethical values
1.14 REFERENCES :
 A.E.S. (2011, Novemb er 7). The American -Western European Values
Gap. Pewresearch.Org. Retrieved February 14, 2022, from
https://www.pewresearch.org/global/2011/11/17/the -american -
western -european -values -gap/
 BBC - Ethics - Introduction to ethics: Ethics: a general introduction .
(2014). Www.Bbc.Co.Uk. Retrieved 2022, from
https://www.bbc.co.uk/ethics/introduction/intro_1.shtml
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16  Brinton, C. C. A History of Western Morals. New York: Harcourt
Brace, 1959. A very readable history of ethical beliefs and practices.
 Bruce, A. B. The Moral Order of the World in Ancient and Modern
Thought. 4 vols. London: Hodder and Stoughton, 1899. A detailed
study of the literary and religious background of ethical thought from
ancient Greece to the Reformation.
 Mackinnon, D. M. A Study in Ethical Theory. London: A. and C.
Black, 1957. A comparison of the theories of Kant, Butler, and the
utilitarians as alternatives to religious ethics.

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17 2
WHAT DO THE RELIGIONS OF THE
WORLD SAY ABOUT ETHICS, WHAT IS
THE NATURE OF TRUTH
Unit Structure
2.0 Objective
2.1 Introduction
2.2 Why study religious ethics
2.2.1 Some moral issues in the philosophy of religion
2.3 Moral Arguments for Theism
2.4 If se cular naturalism is true, what would happen if it was true for
everyone?
2.5 Main types of Truth of Religion
2.6 The truth about different types of religion
2.7 Summary
2.8 Questions
2.9 References
2.0 OBJECTIVE
To give students of Communication and Jour nalism a good overview of
ethics in religion;
to help them understand ethics around the world;
and to help them think about how different religions practise truth in
different ways.
2.1 INTRODUCTION
Religious ethics is about what is right or wrong, good or bad, virtuous or
wicked, from a religious point of view. The definition of "religion" isn't
clear. Religions are any traditions that are like Judaism, Christianity,
Islam, Hinduism, or Buddhism. This definition is one that the Supreme
Court likes, but i t doesn't agree with all of these examples.
More specifically, religion is a tradition and practice that is based on a
belief that God or Allah or the Tao or Brahman is real and important, as
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18 meditation, practices, and living in harmony with what is real and
important. People who are Christians may be inspired by Jesus' radical
teachings, like how to love your neighbours or be kind to people who are
bad for you.
2.2 WHY STUDY RELIGIOUS ETHI CS?
The majority of the world's people say that they belong to some kind of
religion. While the U.S. Supreme Court said that people can't be forced to
pray, it also said that "it might well be said that one's education is not
complete without a study of co mparative religion or the history of religion
and its relationship to the progress of civilization." People who don't study
world religions don't learn about a very important part of human history
and how we live in the world today.
In the United States, m ost people don't know very much about other
religions. Only 38% of adults in the US know that Vishnu and Shiva are
gods or other divine beings in Hinduism. Most people don't know the Five
Pillars of Islam or the Four Noble Truths of Buddhism. Only 50% of
adults in the US can name one of the four gospels in the Bible. If you want
to work in international relations or in a religiously diverse environment
(medicine, law, business of any kind, politics, governance, architecture,
the arts, and more), you need t o have a good understanding of the world's
religions to do your job.
There is no evidence that people around the world are less likely to
identify themselves as religious. Islam is still growing, and while
Christianity has died out in some European countri es, it is still the most
common religion in the world, even though Islam is growing faster. About
40% of Africans are Christian, and 40% are Islamic. About half of the
world's people are Christians and Muslims, and there are about a billion
Hindus, too.
In the mid -20th century, sociologists said that modernity (more education
and technology) would lead to a secular age. While some "new atheists"
think that many religious people aren't well -educated, studies show that
this isn't the case. Religious people, o n the other hand, have better
education credentials than most people.
It's also possible that one or more religious worldviews are true. This is
another reason to study religious ethics. Most religions think of the
universe as a place where we have a respo nsibility to each other, to care
for the vulnerable, and to do what is right. All the world's religions say
that evil and sin should not exist. They also say that illusion, greed, and
cruelty should not be there. If this religious view of values is true, t here's a
good reason to look into the coherence, resources, promises, and
challenges of religious ethics to see if they make sense.
Religion might be an important source for ethics because secular
naturalism doesn't seem to be a good enough foundation for ethics, and it
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19 Reason holds a high place in both Buddhism and Jainism. Right faith is
ranked first among the three jewels in Jainism. Before obeying the
principles, one should utilise reason to determin e their validity and worth.
The use of human reason is neither forbidden nor rejected in Buddhism.
The four noble truths must be followed, however, Buddha states that
wherever there is a dispute, questions can be asked to clear up any
concerns.
The reason is given a higher role in modern Hindu thought, particularly in
the concepts of Vivekananda and Gandhi. For them, reason is not the
source of moral concepts, but they do believe in the importance of reason
in moral problems. As a result, the Vedas and Smrt is are assigned the
principal role as the fundamental source of morality in Indian tradition, but
all of the above -mentioned texts also played roles in deciding the topic of
morality and immorality in Indian tradition.
Studying religious ethics is also a g ood idea because the interfaith
dialogue is so important in our political system, as well as in our daily
interactions with each other.
No, ethics doesn't need God.
People who are both theists and atheists think that if there is no God, right
and wrong, go od and bad, are all up to the person making them. "Without
God, everything is allowed." That's what the Devil tells Ivan in the book
The Brothers Karamazov (Dostoevsky 1990: 643). People like J.L.
Mackie, Michael Ruse, Bertrand Russell, and Jean -Paul Sartr e seem to
agree that this is a good thing. If there is no God, "there are no moral
facts."
Is this a reasonable idea?
Suppose you only thought about what is best for natural selection. If you
thought about what is best for evolution, you wouldn't be able t o base your
ethics on something that is truly authoritative. When Michael Ruse, an
evolutionary biologist -philosopher, says that if it was good for us to live in
the dark, eat each other's faeces, and eat the dead, then we would see this
as noble, good, an d right. Charles Darwin agrees with this:
No one would intervene if, like worker bees, our unmarried women
believed it was their duty to kill their siblings and mothers attempted to
kill their fertile daughters. Nonetheless, the bee or any other social ani mal
would develop a sense of right and evil, or a conscience in our case. It
would have been preferable for the animal to obey one of its instincts
rather than the other. One course of action would have been correct, while
the other would have been incorre ct. The number 99 appears in Darwin's
1882 book.
People like Darwin and Ruse believe that survival would be enhanced if
individuals collaborated, took care of one another, etc. If they were true, it
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20 term. There is no space for any form of justice to be good if it is not
beneficial to the organisms that employ it.
Darwin's belief that humans would be better off if the powerful allowed
the weak to die so they could grow stronger is regrettabl e to many of us.
Because we have an instinct for sympathy, we feel compelled to assist
those who cannot aid themselves. This instinct was initially a component
of our social instincts, but it has become more delicate and widespread
over time. No, even if w e were told to cease being kind for a compelling
reason, we could not do so without harming the finest aspects of our
nature. We must accept that the weak will survive and pass on their genes,
but there is at least one tick in the form of the weaker and le ss affluent
members of society marrying less frequently than the more affluent. This
check could be even more effective if the physically or mentally feeble did
not marry. On pages 168 and 169, Darwin wrote about this.
Still, one can be a non -believer and still believe that ethical values are true
because they came about through natural processes, just like objective
mathematical reasoning came about in human thought through these same
natural processes. There aren't any of the following reasons to think th at
ethics needs some kind of theistic grounding:
Only people who believe in God can tell what is right and wrong.
Most religions, including Christianity, don't believe this. Atheists,
agnostics, and people who don't believe in God can tell what is right an d
wrong.
To be truly good, one must believe in God.
Others say that God has made a world where people can know right from
wrong and be good even if they don't believe in God.
To know what is good and what is bad, you need to read the Bible or some
other re ligious text telling that to you.
According to the Bible, people can know what is good and bad without
needing special help to figure it out.
The Bible is the best source for morals.
If you read the Bible, you have to be very careful when you do this.
Following these other positions, there are also a number of theistic
proposals that one needs to know about, too. There are a lot of people who
believe that God is good, but not everyone agrees. I don't know what this
means. "Goodness" can be seen as a positiv e thing.
X is good if it is better for X to be there than not be there. That's why, in
this case, X is rightly loved and preferred to X's not being there.
In one religious tradition, God is the best thing that can be thought of or
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21 Christianity, and Islam believe that God is omnipotent, omniscient,
omnipresent, intangible, eternal (without beginning or end), and necessary
to exist, which makes God worthy of worship. These other attributes make
God worthy of worship. Christians also believe that God is three -fold
(exists as a trinity, including God incarnate). If you believe in a God who
cares about morals, aesthetics, and religion, it makes sense to think that
God would make and keep a universe where there is life, including
conscious life that has these kinds of thoughts (a sense of the sacred).
2.2.1 Some moral issues in the philosophy of religion
Evil: If there is a powerful, all -good, and all -knowing God, then why do
there have to be bad thin gs?
There is evil. When someone says that there is a God, they usually make
an argument that is either a deductive one or one that is likely. People who
use deductive arguments say that there is no way to believe in God and
still have evil. If there is a l ot of bad in the world, probabilistic arguments
say that it is unlikely or unlikely that God is real because there is so much
bad. A theodicy tries to solve the problem of why there is evil in God's
world.
Does X have to be right because the gods like it? Or do the gods like X
because X is right? In Plato's Euthyphro, this question comes up. He
thinks the gods like good things because they're good.
Does ending a foetus's life break the sacredness of human life? The
Roman Catholic position is that the person hood of the foetus is established
as soon as it is born. People from different religions have very different
views on the issue.
2.3 MORAL ARGUMENTS FOR THEISM
If you believe in God, you should be able to deal with some aspects of
your moral experience bet ter than if you don't. Most people say
moralrealism, which is the idea that there are objective or mind -
independent moral facts, needs theistic metaphysical or epistemological
underpinnings, but this is not always true.
When Immanuel Kant said that if the re is no God, then there are certain
moral requirements that can't be met, like that the moral good of virtue
and the natural good of happiness should meet and become perfect in a
"highest good." Hastings Rashdall and W.R. Sorley, two Idealist
philosophers who lived in the early 20th century, said that an objective
moral law needs an infinite mind in which to live if it is to have full
ontological status. In a series of talks for the BBC during World War II,
C.S. Lewis made a version of this argument that w as more popular. It was
later published in his book, Mere Christianity.
Lewis said that our conscience tells us about a moral law that can't be
found in the natural world, which points to a supernatural lawgiver who
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22 loving God, says philosopher Robert Adams. Moral values in general can
be thought to show what God is like. An atheist philosopher J.L. Mackie
said that metaphysical naturalism would make it impossible for us to know
objec tive moral facts and how we know them.
Thus, he gave more importance to metaphysical naturalism than to the
existence of moral facts. The argument is open to being changed: In the
sense that we believe in moral facts, we should not believe in naturalism
and instead believe in something like theism. Other people say that
metaphysical naturalism doesn't work well with strong moral realism.
If a naturalist is committed to a Darwinian history of morals, that might
lead to moral scepticism on the part of the n aturalist. According to theists,
moral faculties are meant to help people understand moral truths, which is
different from how they would be on naturalism. One might say that there
is no good theory of normative ethics that fits well with a naturalistic
worldview. For example, one might say that our moral judgments are
linked to our belief in natural and inviolable rights.
This would be "nonsense on stilts" because of the metaphysics of
naturalism. If you want to understand the intrinsic value of people, y ou
might think about them in a theistic way, where the ultimate axiological
and metaphysical thing is a person.
2.4 IF SECULAR NATURALISM IS TRUE, WHAT
WOULD HAPPEN IF IT WAS TRUE FOR
EVERYONE?
There is no purposeful structure in the universe, or, as Richa rd Dawkins
puts it, "there is, at the bottom, no purpose, no evil, and no good. There is
nothing but blind pitiless indifference." Is it natural or likely that there
would be good and bad states in the world as a whole? It's not likely that
moral propertie s would have come about on their own without an all -
powerful god making them. Mackie is an atheist, which means that he
doesn't believe in God and thus doesn't believe in moral properties as well.
As we evolved, so did our ethics
Evolutionary theory is the source of ethics. This has the problem that
evolutionary theory doesn't seem to say that if a form of life survives
natural selection, it must be good or virtuous or more ethical than other
forms of life that don't, but it doesn't seem to say why. Darwin said that in
humans, compassion and ideals of fairness will help them to stay alive, but
he also said that they might not. Some environmental ethicists say that
Darwinian and neo -Darwinian evolution can give people a reason to think
that non -human animals deserve more moral attention than if they believe
that species were all created separately. Richard Dawkins, for example,
thinks that evolutionary theory and ethics are not compatible with
Christianity. Michael Ruse, on the other hand, thinks that there is no
fundamental difference. It is about how people think about the truth,
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23 If the question of whether or not a religion is true is being asked about any
type of religion, not just monotheistic ones, it needs to be looked at on a
broad level. There must be at least four groups: religion, truth, the truth of
religion (religious truth), and the study of religion. None of them is clear
or unambiguous, and this makes it almost impossible to talk about all the
different ways the y could be used.
1) The idea of religion.
The term "religion" is used in everyday life by people in western cultures,
and at the heart of their use is a common human experience of the world.
However, we don't seem to have a scientific or philosophical defi nition of
religion that would cover all situations and ways of talking about religion
and religious phenomena.
In sociological terms, religion is a complicated cultural situation that
includes cult (rite, worship), a doctrine, and a way of running things. The
doctrinal part of a religion is also hard to figure out because it is made up
of a complicated and long -running set of beliefs that have been developed
over time by generations of people who believe in it. Because there are
debates about whether or not religion is true and how religious truths
should be interpreted not only among people who follow different
religions but also within the same religion. This makes the whole thing
even more complicated.
2) The idea of truth.
The (philosophical) nature of t ruth is also hard to explain. People who
study religion can choose from many different philosophical theories and
definitions of truth, both classical and non -classical, when they ask about
the truth of religion. According to the classical correspondence t heory,
truth is when things and your mind are in line with each other. According
to the coherence theory, a proposition is true if it fits in with a group of
other propositions. According to the pragmatic theory, truth is what we
want to do, and human acti on is the standard for truth. Today, there are
more popular "deflationary" theories of truth, which say that truth isn't
important in theory and that the classical theory is wrong. All of these
definitions of truth can be used in some way when studying rel igion, and
each of them has its own problems. The goal is to find a definition of truth
in religion that could be used by any religion.
3) The idea that religion is true.
This is the first time we're going to look at the different ways we can say
"religiou s truth." It's hard for each of them. In the world of religions,
"truth" can mean a lot of different things. It's possible to think of religious
truth as a feature of religion in general or just one religion. A propositional
truth is what we're talking abo ut when we talk about religious truth. In this
case, religious statements (dogmas, like the church's teaching) are made to
be true by the church through strict religious reasoning. The question now
is how to think about the truth of religion as a doctrinal system in the same
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24 In the study of religion, we see that there are two kinds of truth: the truth
that is inside the religion and the truth that is outside the religion. The
extra -religious truth is about historical events that can be proven from the
outside even if you don't believe in that religion, like the fact that Jesus
Christ and Muhammad were real. Interreligious truth deals with the
supernatural content in religious beliefs. It can only be found from inside a
given religion by a believer who has had an experience with God or who
looks to the authority of the religious founder. Isn't what we believe about
God in Christ something we say about how things have been?
Different religions have dif ferent meanings when it comes to the question
of whether or not religions are true. Religion is a broad term that can refer
to many different types of religions, such as the religions of tribes, the
religions of non -literate people, the religions of ancien t civilizations like
Babylon and Egypt, the religions of China, and the religions of Judaism,
Buddhism, and Islam. It can also refer to religions that are polytheistic,
henotheistic, or monotheistic, as well as religions that are eclectic and
syncretic (Ne w Age religions).
The concept of truth is easily applicable to monotheistic religions. In
contrast, ancient religious myths cannot be used to implement this
concept. What do you think about comparing the ancient Greek and
Roman religions to the Babylonian worship of the stars and moon?The
cult of Mithra in Iran Is this a reference to the religions of Mazdeism and
Zoroastrianism? How can the concept of truth be applied to contemporary
atheistic "religions" that lack a transcendent object of devotion or
those that only act as religions (Scientology, psychoanalysis, and
psychotherapy)? Esoteric religions, such as Buddhism, Vedanta, and
Christian Gnosis, further complicate the issue of religious truth. There are
two types of truth, according to these religions: surface truth and profound
truth. Then, there is a truth that cannot be conveyed in any language and is
only accessible to those who are knowledgeable. Also, it can be difficult to
discuss supernatural religious truth because its referenc e point is distant
and may require analogy.
Check your Progress
1) What is the idea of truth?
2) What is theism?
3) What are the moral issues in the philosophy of religion
2.5 MAIN TYPES OF TRUTH OF RELIGION
The question of whether a religion is true, especially Ch ristianity, has a lot
of different assumptions: ideological, philosophical, theological, religious,
and so on. It can also have many different meanings, such as cultural,
epistemological, sociological, psychological, historical, substantial or
functional, objective or subjective, and so on and so forth. Religious truth
was thought of as being historical and doctrinal truthfulness, as well as
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25 meaning (existential significance). In what fo llows, I explain these words,
but I don't figure out how they work together.
1) The truthfulness of religion in the past . It's true that each of the
religion that has been around for a long time has a history. In more
specific terms, historical truthfulne ss refers to the religious tradition's
origin, identity, institutional and doctrinal continuity, as well as the
historicity of its founder and its Holy Scriptures, which make it unique and
keep it true to itself. Usually, at the start of a religious group, there is a
charismatic leader, like Moses or Buddha. The leader then draws in
followers who try to follow the leader's teachings faithfully. This kind of
historical truth about religion only applies to a small group of traditions
that have well -defined or igins and a history that can be found in books.
2) The truth about religion . The doctrinal dimension of religion is what
most people think of when they talk about the truth of religion. This is the
part of a religion that is covered by oral or written trad ition in the form of
religious statements about the supernatural and natural world. In every
religion, people have hopes for the world to come after this one. Here,
religious truth is thought of as knowledge that points toward the ultimate
deepest reality, which can be called God, Dharma, Tao, the Sacred, and so
on. People believe religions are true because they say there is a real thing
called a transcendental, supernatural, or sacred thing.
When it comes to truth, there's a big question: How can it be use d when
the object of beliefs isn't an ordinary object in a subject -object relationship
and can't be checked out by other people? Furthermore, religious truths are
thought to be infallible and eternal, which makes them very different from
scientific stateme nts that are only hypothetical. Truths that promise
something that can only be fulfilled in the supernatural life to come are
also very different from scientific statements that are only hypothetical.
There is also a problem with orthodoxy (heterodoxy) and how it is judged.
Orthodoxy when it comes to religious life means having the right beliefs
that come from a sacred, more or less official source. All of the main
religious traditions know about orthodoxy, even though they use different
words to describe i t. Each tradition is interested in its own orthodoxy and
has set up its own rules for accepting orthodoxy and rejecting non -
orthodoxy. In most religions, the Bible and Koran are used to show what
is acceptable and what isn't. For example, people who believ e that the
Bible and Koran are infallible, as well as people who believe that the
bishop of Rome is the main authority.
There are some religious traditions that have very strict rules about purity
and conformity. On the other hand, there are religious trad itions that don't
have an official creed, like Judaism, Hinduism, Confucianism, and Islam.
There are also traditions that emphasise morality and ritual rather than
orthodoxy. Religions from all over the world let people have different
beliefs as long as th ey don't break the rules. The traditional Chinese didn't
think it was weird that he had more than one religion in his life at the same
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26 varies both across traditions and in the histo ry of a single tradition because
the beliefs that are important over time change in the same tradition.
3) The reliability of religion . In one sense, "credibility" refers to religious
statements about what happens after this life. Proof that religion is ol d isn't
enough to show that it was true long ago (for instance that Christ existed
and founded the Church). Whether or not that religion can keep its
promises about individual resurrection and life after death is still up in the
air. "Eschatological verifi ability" (J. Hick) in life after death at least
partially solves the question of whether Christianity is true. This truth
comes from its ability to make us right with God and make us happy
forever by getting rid of our sins. People who believe in religious truths
are judged on the basis of arguments that are specific to religion and on
theological methods. People who believe in a certain religion can show
how strong their faith is by living their lives and sometimes dying for their
beliefs.
4) The fact that religion is real . Here, the question is how to tell real
religious things from things that aren't real at all. This distinction already
has the idea (definition) of true religion, which could be used as a litmus
test to find things that are religious. The re are some things that make an
unauthentic religion seem like a real religion, but for other important
reasons, it is not a real religion. Unfortunately, scholars don't agree on
what makes a religion true. This is especially true because religion is an
important part of the culture. The question of what makes religious things
different from other cultural things is at the heart of the issue of how to
define religion. Culture and religion are two different things in western
cultures, but there are other cul tures that don't make this difference very
clear.
Another way to think about the authenticity of religion is to think about
religious doctrine as being true to a given religion, rather than being
unorthodox, heterodox, or heretical.
5) The exclusivity of r eligion . There is a way to think about the truth of
religion that makes it seem unique and special. People who believe their
religion is the only one think all other religions are false, or at least not
true. This kind of exclusivity is found in Christiani ty, Judaism, and Islam,
but even more so in Judaism and Islam. The Catholic Church believes that
it has the whole truth because it sees Jesus Christ as God's revelation. It
says that outside of the church, there is no salvation. From this place, the
Cathol ic Church has always fought against other religions in the past. In
contrast, the "historical -religious" school (E. Troeltsch) that came out of
liberal Protestant theology at the end of the XIX century said that God's
revelation is found in every religion and that the relative absoluteness of
Christianity can only be proven through historical comparison.
6) Integrity (continuity) and soundness (reason) in religious belief.
Because religious beliefs are an important part of almost every religion,
the questio n of whether religious beliefs are true or not is a question of
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27 of being rational. However, a religious system could be perfectly
consistent and not have any kind of sense of coh erence (L. BonJour). But
how can one think of the beliefs of a certain religion as a whole and
consistent system? It is easy to meet the requirements for consistency and
coherence in closed deductive systems, but not in open systems like
religious doctrine s, which are more open.
A person can think of religious consistency as either intra -religious or
extra -religious, depending on how they think about it. Immanent
consistency in religion is when religious beliefs are in harmony with each
other. There are two parts to the external consistency of religion: how well
religious beliefs fit with human reason and how well they fit with common
scientific or philosophical knowledge. A lot of people find it hard to think
of ways to apply the idea of consistency to all the different religions.
Christianity, the religion that has been thought through to a very high
level, is very concerned about its consistency both inside and outside of
the religion. Sometimes, when it tries to give a general view of the world
(Weltansc hauung), it doesn't agree with a scientific view of the world
where there is no room for the supernatural. A good example is the debate
between the theory of evolution and the religious belief that everything
began with a single person.
If you want to make a case for religious consistency between different
religions, you have to keep in mind that not all religious content is
expressed in propositional language; that a religious creed also includes
truths that are mysteries (like the Christian mystery of the Holy Trinity or
the Incarnation), which are accepted as God's gifts; and that because of the
specificity of the religious language, not all religious propositions can be
easily understood. Because of all these things, it isn't clear how to find
consistenc y and coherence in the world of a certain religion, though.
7) Religion has meaning in the real world. Today, people want to know
the truth of religion in a way that goes beyond the historical and doctrinal
aspects of religion. The truth of religion can be seen in how close a person
is to the sacred and how committed they are to the world of the sacred. It
doesn't matter that religion has a descriptive side, but that it points a
person's life toward the "ultimate reality" that he wants to be saved from.
People don't become religious because religion tells them things that are
true about the world. They become religious because it promises eternal
happiness. Religious traditions and beliefs are important if they can be
proven to be true when they produce sain ts who are both morally and
spiritually recognised (J. Hick 1989).
2.6 THE TRUTH ABOUT DIFFERENT TYPES OF
RELIGION
It's hard to come up with a single definition of truth for every type of
religion even if many statements, like those by philosophers, are ge neral.
This is because there are so many different types of religions. The way
phenomenologists talk about religion is that they talk about religion in
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28 The meaning of the question o f whether or not a religion is true isn't clear.
No one can answer this question until they have found a way to solve the
problem of universals first. People say there is a way to talk about the
truth of a religion only if there is a general answer to the question of
religion. This idea comes from J. Wach. An alternative idea is to only look
at the truth of certain religious doctrines. He thought that if you looked at
all different types of religious beliefs, you would find that no religion is
complete with out truth.
Revelation -based religion. Does God appear at the dawn of that faith, and
does God then become the object of worship? Believers in God decide for
themselves whether or not there is a transcendent object of devotion and
whether or not they will a ccept God's revelation. Religions that hold to
their own truth claims are many. The most a religious scholar can say is
that this is true for certain faiths.
It is important to consider the type of religion at hand while attempting to
ascertain its veracit y. For instance, how trustworthy do you find the
religion's teachings to be? Some faiths, such as Christianity, have a well -
developed doctrinal side (the Creed) that sets forth the core beliefs of the
faith. Islam, for example, has a stronger ritualistic a nd practical side
compared to other religions. The worldview, belief in God or gods, and
perspective on one's place in the cosmos that people who follow religious
traditions that focus more on how they act than how they act express are
still present.
It's only possible to talk about the truth of religion in philosophy and
theology of religion to a certain extent because we're talking about faith
here. A person who thinks that a certain religion or its theology is the best
place to start when evaluating the religious content of other religions is
making a circular argument. This means that if we think that other
religions are usually false because of their doctrine, then we have to think
about this fact (although it may not be a vicious circle but a hermeneut ic
one). When the problem of the truth of revealed religion is thought of as
the question of the existence of a transcendent object of cult, it is part of
both philosophy and theology. Theology of religion, on the other hand,
solves it theologically with r espect to a specific religion, usually with
respect to one's own religion and in the light of one's own religion with
respect to all other religions.
Natural religion (religionaturalis, religio rationale), in contrast to positive
(revealed) religion, is t hought of as the intuitive knowledge of God that
comes from the human soul and is found through the natural power of
reason (lumen rationale). For example, reading the "book of nature" can
help. Philosophy of religion has the job of answering the question of
whether or not natural religion is true, and they need to do that. All
positive religions don't make sense if you think about natural religion in a
normative way. They are unnecessary and degenerate forms of natural
religion (J. Bodin). The truth of nat ural religion is that people can believe
that there is an absolute being (das höchsteWesen) that is outside of the
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29 Christianity is number four on our list of things to know. Claim: It needs
to be explained why the Christian faith is true. One thing about
Christianity, especially Roman Catholicism, is that the doctrinal side in the
form of dogmatic theology is very well thought out. The truth of the
Christian faith is based on the truth of God, so it is true (Thomas Aquinas).
Theologians who work in the field of Christian theology focus on what
they believe (orthodoxy). In Christianity, there is a very clear and official
(anathema) difference between orthodoxy and heterodoxy (heresy). A
Christian is supposed to follow both orthodoxy and good behaviour. That
means he should believe in the Christian faith and follow the Christian
way of life. This person believes that the Apostles' teaching is passed
down to us in a continuous way and is kept in the official teaching of the
Church. However, even in Christianity, there isn't one single way of
looking at things. There are more or less orthodox and nonorthodox
groups, like Eastern Orthodoxy, Roman Catholicism, and Protestantism, as
well as a lot of different Christian Church es and groups.
There are some ways to think of the truth of Christianity as a special case
in which the truth of other historical religions is the same thing. For this
reason, Christianity is treated as a true religion and is thought to be a true
religion. People who believe in Christianity have religious experiences,
but the Bible is not a history book that doesn't have anything to do with
that. A Christian isn't as interested in general religious truths as he or she
is in the unique truth of the Christian message. People say Christianity is a
true religion because it is a religion that was given to us by God, which
means that it is based on the fact that Jesus Christ existed in the past and
that fact has a religious (supernatural) meaning at the same time. This is
called a revealed religion. The most important question about whether or
not Christianity is true is whether or not Jesus Christ is real. This is
because the man who claimed to be God came into the world and died and
rose from the dead.
The truth of Christianity also means that it is credible, which means that
the "empirical" truth of the things we believe in the Bible and the Creed is
true. Christians were able to show that there is no conflict between what
natural religion says and what Christian s say (the doctrine of the Bible).
Within Christianity, there are different ways that different groups define
what is true for them. The Roman -Catholic Church says that it has all of
the truth that is good for you because of its apostolic lineage and the
infallibility of the hierarchical teaching of the Church. From this point of
view, it thinks that all other religions are wrong in some important way.
Check your Progress
1) What Is natural religion
2) What is positive based religion
3) Religion has meaning in the r eal world.Discuss.
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One thing to keep in mind after reading the above is that there isn't a
single, simple, or general answer to the question of whether or not religion
is true. As it turns out, any answer has to make some concessions about
things like truth and religion.
It can be useful to think about religious things in terms of the "truth of
religion," not just in philosophy and theology of religion but also in the
social sciences of religion.
True religion and "truth of (in) religion," even though they appear to be
two separate things, seem to have a strong influence on each other.
A scholar of religion should try to ask the question, "What is true about
religion?" in the most general and neutral way possible. He should not
only ask this que stion about Christianity.
It is not the right place to ask and answer questions about the credibility of
religion, but the social sciences do have a place to ask and answer
questions about the history of religion. People who study the philosophy
and theolo gy of religion can best answer the question of whether or not
religion has a transcendent goal.
Religion scholars should try to match up their research with what people
who believe in a certain religion think about the truth of that religion. A
person shou ld not dismiss the question of whether or not a religion is true
just because the religion refers to a divine founder or revelation, or
because the religious doctrine does not follow a scientific method of
research.
2.8 QUESTIONS
1. What are the two main elem ents necessary for a contented life?
2. Define dharma in terms of the cosmic order.
3. What are the differences between individual and social ethics?
4. Discuss Ethical Principles in India
5. Write short notes on :
a) Varnadharma
b) Ultimate Objectives (Purusharthas)
2.9 RE FERENCES :
Berling J., Orthopraxy, in: M. Eliade (editor in chief), The Encyclopedia of
Religion , New York, vol. 11, London 1987, 129 -132.
Bronk A., Naukawobecreligii (Science and Religion. The Epistemological
Foundations of Religiology ), Lublin 1997. munotes.in

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31 McDo nough S., Orthodoxy and Heterodoxy, in: M. Eliade (editor in
chief ), The Encyclopedia of Religion , vol. 11, New York, London 1987,
124-129.
Smith W. C., Questions of Religious Truth , New York 1967.
Streng F. J., Truth, in: M. Eliade (editor in chief), The Encyclopedia of
Religion , vol. 15, New York -London 1987, 63 -72.
Vroom H. M., Religions and the Truth. Philosophical Reflections and
Perspectives (Currents of Encounter, vol. 2) , Amsterdam 1990.
Walker R. C. S., Theories of Truth, in: B. Hale, C. Wright (ed .), A
Companion to the Philosophy of Language , Oxford 1997, 309 -330.
Wiebe D., Religion and Truth. Towards and Alternative Paradigm for the
Study of Religions , The Hague, Paris, New York 1981.
Waardenburg J. (ed.), Classical Approaches to the Study of Reli gion.
Aims, Methods and Theories of Research, vol. 1: Introduction and
Anthology ; vol. 2: Bibliography, The Hague, Paris 1973 -1974.
Whaling F. (ed.), Contemporary Approaches to the Study of Religion , vol.
1: The Humanities, vol. 2: The Social Sciences, New York 1984 -1985.


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32 3
WHAT DO THE RELIGIONS OF THE
WORLD SAY ABOUT ETHICS, WHAT IS
THE NATURE OF TRUTH
Unit Structure
3.0 Objective s
3.1 Introduction
3.2 Why study religious ethics?
3.2.1 Some moral issues in the philosophy of religion
3.2.2 Moral Arguments for Theism
3.2.3 If secular naturalism is true, what would happen if it was true
for everyone?
3.3 Main types of the truth of religion
3.4 The truth about different types of religion
3.5 Summary
3.6 Questions
3.7 References
3.0 OBJECTIVE S
To give students of comm unication and journalism a good overview of
ethics in religion;
to help them understand ethics around the world;
and to help them think about how different religions practise truth in
different ways.
3.1 INTRODUCTION
Religious ethics is about what is ri ght or wrong, good or bad, virtuous or
wicked, from a religious point of view. The definition of "religion" isn't
clear. Religions are any traditions that are like Judaism, Christianity,
Islam, Hinduism, or Buddhism. This definition is one that the Supreme
Court likes, but it doesn't agree with all of these examples.
More specifically, religion is a tradition and practice that is based on a
belief that God or Allah or the Tao or Brahman is real and important, as
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33 meditation, practises, and living in harmony with what is real and
important. People who are Christians may be inspired by Jesus' radical
teachings, like how to love your neighbours or be kind to people who are
bad for you.
3.2 WHY S TUDY RELIGIOUS ETHICS?
The majority of the world's people say that they belong to some kind of
religion. While the U.S. Supreme Court said that people can't be forced to
pray, it also said that "it might well be said that one's education is not
complete wi thout a study of comparative religion or the history of religion
and its relationship to the progress of civilization." People who don't study
world religions don't learn about a very important part of human history
and how we live in the world today.
Here in the United States, most people don't know very much about other
religions. Only 38% of adults in the United States know that Vishnu and
Shiva are gods or other divine beings in Hinduism. Most people don't
know the Five Pillars of Islam or the Four Nobl e Truths of Buddhism.
Only 50 percent of adults in the United States can name one of the four
gospels in the Bible. If you want to work in international relations or in a
religiously diverse environment (medicine, law, business of any kind,
politics, gover nance, architecture, the arts, and more), you need to have a
good understanding of the world's religions to do your job.
There is no evidence that people around the world are less likely to
identify themselves as religious. Islam is still growing, and whil e
Christianity has died out in some European countries, it is still the most
common religion in the world, even though Islam is growing faster. About
40% of Africans are Christian, and 40% are Islamic. About half of the
world's people are Christians and Mu slims, and there are about a billion
Hindus, too.
In the mid -20th century, sociologists said that modernity (more education
and technology) would lead to a secular age. While some "new atheists"
think that many religious people aren't well -educated, studie s show that
this isn't the case. Religious people, on the other hand, have better
education credentials than most people.
It's also possible that one or more religious worldviews are true. This is
another reason to study religious ethics. Most religions th ink of the
universe as a place where we have a responsibility to each other, to care
for the vulnerable, and to do what is right. All the world's religions say
that evil and sin should not exist. They also say that illusion, greed, and
cruelty should not b e there. If this religious view of values is true, there's a
good reason to look into the coherence, resources, promises, and
challenges of religious ethics to see if they make sense.
Religion might be an important source for ethics because secular
natural ism doesn't seem to be a good enough foundation for ethics, and it
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34 Reason holds a high place in both Buddhism and Jainism. Right faith is
ranked first among the three jewels in Jainism. Before obeying t he
principles, one should utilise reason to determine their validity and worth.
The use of human reason is neither forbidden nor rejected in Buddhism.
The four noble truths must be followed, however Buddha states that
wherever there is dispute, questions c an be asked to clear up any concerns.
Reason is given a higher role in modern Hindu thought, particularly in the
concepts of Vivekananda and Gandhi. For them, reason is not the source
of moral concepts, but they do believe in the importance of reason in
moral problems. As a result, the Vedas and Smrtis are assigned the
principal role as the fundamental source of morality in Indian tradition, but
all of the above -mentioned texts also played roles in deciding the topic of
morality and immorality in Indian tra dition.
Studying religious ethics is also a good idea because interfaith dialogue is
so important in our political system, as well as in our daily interactions
with each other.
No, ethics doesn't need God.
People who are both theists and atheists think tha t if there is no God, right
and wrong, good and bad, are all up to the person making them. "Without
God, everything is allowed." That's what the Devil tells Ivan in the book
The Brothers Karamazov (Dostoevsky 1990: 643). People like J.L.
Mackie, Michael Ru se, Bertrand Russell, and Jean -Paul Sartre seem to
agree that this is a good thing. If there is no God, "there are no moral
facts."
Is this a reasonable idea?
Suppose you only thought about what is best for natural selection. If you
thought about what is b est for evolution, you wouldn't be able to base your
ethics on something that is truly authoritative. When Michael Ruse, an
evolutionary biologist -philosopher, says that if it was good for us to live in
the dark, eat each other's faeces, and eat the dead, then we would see this
as noble, good, and right. Charles Darwin agrees with this:
Our unmarried females, like the worker bees, would think it was their duty
to kill their brothers and mothers would try to kill their fertile daughters,
and no one would thi nk about stopping them. However, the bee, or any
other social animal, would gain, as it seems to me, some sense of right and
wrong, or a conscience, in our case. It would be better for the animal to
have followed one of its instincts instead of the other o ne. The one course
should have been taken: the one would have been right and the other
would have been wrong. The number 99 is from Darwin's book in 1882.
People like Darwin and Ruse believe that survival would be better if
people worked together, took car e of each other, and so on. If they were
true, they'd just happen to be true because of how well they worked out for
them in the long run. There is no room for any kind of justice to be good if
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35 For many of us, i t is sad that Darwin thought that humans would be better
off if the strong let the weak die so that they could grow stronger.
We feel compelled to help those who can't help themselves because we
have an instinct for sympathy. This instinct was originally p art of our
social instincts, but it has since become more tender and more widespread.
No, even if we were told to do so by hard reason, we couldn't stop being
kind without hurting the best parts of our nature. We have to accept the
fact that the weak will live and pass on their genes, but there is at least one
check in the form of the weaker and less well -off members of society not
marrying as freely as the more well -off. This check could be even more
effective, though, if the weak in body or mind did not m arry. 168 -169 are
the pages where Darwin wrote about this.
Still, one can be a non -believer and still believe that ethical values are true
because they came about through natural processes, just like objective
mathematical reasoning came about in human tho ught through these same
natural processes. There aren't any of the following reasons to think that
ethics needs some kind of theistic grounding:
● Only people who believe in God can tell what is right and wrong.
● Most religions, including Christianity, don't believe this. Atheists,
agnostics, and people who don't believe in God can tell what is right
and wrong.
● To be truly good, one must believe in God.
● Others say that God has made a world where people can know right
from wrong and be good even if they don't b elieve in God.
● To know what is good and what is bad, you need to read the Bible or
some other religious text that tells you.
● According to the Bible, people can know what is good and bad without
needing special help to figure it out.
● The Bible is the best s ource for morals.
● If you read the Bible, you have to be very careful when you do this.
Following these other positions, there are also a number of theistic
proposals that one needs to know about, too. There are a lot of people who
believe that God is good, but not everyone agrees. I don't know what this
means. "Goodness" can be seen as a positive thing.
X is good if it is better for X to be there than not be there. That's why, in
this case, X is rightly loved and preferred to X's not being there.
In one rel igious tradition, God is the best thing that can be thought of, or
the best thing that can't be better than God. Classical Judaism,
Christianity, and Islam believe that God is omnipotent, omniscient,
omnipresent, intangible, eternal (without beginning or e nd), and necessary
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36 God worthy of worship. Christians also believe that God is three -fold
(exists as a trinity, including God incarnate). If you believe in a God who
cares about morals , aesthetics, and religion, it makes sense to think that
God would make and keep a universe where there is life, including
conscious life that has these kinds of thoughts (a sense of the sacred).
3.2.1 Some moral issues in the philosophy of religion
Evil: If there is a powerful, all -good, and all -knowing God, then why does
there have to be bad things?
There is evil. When someone says that there is a God, they usually make
an argument that is either a deductive one or one that is likely. People who
use deduc tive arguments say that there is no way to believe in God and
still have evil. If there is a lot of bad in the world, probabilistic arguments
say that it is unlikely or unlikely that God is real because there is so much
bad. A theodicy tries to solve the p roblem of why there is evil in God's
world.
Does X have to be right because the gods like it? Or do the gods like X
because X is right? In Plato's Euthyphro, this question comes up. He
thinks the gods like good things because they're good.
Does ending a fe tus's life break the sacredness of human life? The Roman
Catholic position is that the personhood of the foetus is established as soon
as it is born. People from different religions have very different views on
the issue.
3.2.2 Moral Arguments for Theism
If you believe in God, you should be able to deal with some aspects of
your moral experience better than if you don't. Most people say moral
realism, which is the idea that there are objective or mind -independent
moral facts, needs theistic metaphysical or epistemological underpinnings,
but this is not always true.
When Immanuel Kant said that if there is no God, then there are certain
moral requirements that can't be met, like that the moral good of virtue
and the natural good of happiness should meet and become perfect in a
"highest good." Hastings Rashdall and W.R. Sorley, two Idealist
philosophers who lived in the early 20th century, said that an objective
moral law needs an infinite Mind in which to live if it is to have full
ontological status. In a se ries of talks for the BBC during World War II,
C.S. Lewis made a version of this argument that was more popular. It was
later published in his book, Mere Christianity.
Lewis said that our conscience tells us about a moral law that can't be
found in the na tural world, which points to a supernatural lawgiver who
made it. Moral obligation is best explained by looking at the rules of a
loving God, says philosopher Robert Adams. Moral values in general can
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37 J.L. Mackie. Mackie said that metaphysical naturalism would make it
impossible for us to know objective moral facts and how we know them.
Thus, he gave more importance to metaphysical naturalism than to the
existence of moral facts. The a rgument is open to being changed: In the
sense that we believe in moral facts, we should not believe in naturalism
and instead believe in something like theism. Other people say that
metaphysical naturalism doesn't work well with strong moral realism.
If a naturalist is committed to a Darwinian history of morals, that might
lead to moral skepticism on the part of the naturalist. According to theists,
moral faculties are meant to help people understand moral truths, which is
different from how they would be on naturalism. One might say that there
is no good theory of normative ethics that fits well with a naturalistic
worldview. For example, one might say that our moral judgments are
linked to our belief in natural and inviolable rights.
This would be "nons ense on stilts" because of the metaphysics of
naturalism. If you want to understand the intrinsic value of people, you
might think about them in a theistic way, where the ultimate axiological
and metaphysical thing is a person.
3.2.3 If secular naturalism is true, what would happen if it was true
for everyone?
There is no purposeful structure in the universe, or, as Richard Dawkins
puts it, "there is, at bottom, no purpose, no evil and no good. There is
nothing but blind pitiless indifference." Is it natura l or likely that there
would be good and bad states in the world as a whole? It's not likely that
moral properties would have come about on their own without an all -
powerful god making them. Mackie is an atheist, which means that he
doesn't believe in God and thus doesn't believe in moral properties as well.
As we evolved, so did our ethics
Evolutionary theory is the source of ethics. This has the problem that
evolutionary theory doesn't seem to say that if a form of life survives
natural selection, it must be good or virtuous or more ethical than other
forms of life that don't, but it doesn't seem to say why. Darwin said that in
humans, compassion and ideals of fairness will help them to stay alive, but
he also said that it might not. Some environmental eth icists say that
Darwinian and neo -Darwinian evolution can give people a reason to think
that non -human animals deserve more moral attention than if they believe
that species were all created separately. Richard Dawkins, for example,
thinks that evolutionar y theory and ethics are not compatible with
Christianity. Michael Ruse, on the other hand, thinks that there is no
fundamental difference. It is about how people think about the truth,
religion, and the truth of religion
If the question of whether or not a religion is true is being asked about any
type of religion, not just monotheistic ones, it needs to be looked at on a
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38 religion (religious truth), and the study of religion. None of them is clear
or unambiguous, and this makes it almost impossible to talk about all the
different ways they could be used.
1) The idea of religion.
The term "religion" is used in everyday life by people in western cultures,
and at the heart of their use i s a common human experience of the world.
However, we don't seem to have a scientific or philosophical definition of
religion that would cover all situations and ways of talking about religion
and religious phenomena.
In sociological terms, religion is a c omplicated cultural situation that
includes cult (rite, worship), a doctrine, and a way of running things. The
doctrinal part of a religion is also hard to figure out because it is made up
of a complicated and long -running set of beliefs that have been dev eloped
over time by generations of people who believe in it. Because there are
debates about whether or not religion is true and how religious truths
should be interpreted not only among people who follow different
religions, but also within the same relig ion. This makes the whole thing
even more complicated.
2) The idea of truth.
The (philosophical) nature of truth is also hard to explain. People who
study religion can choose from many different philosophical theories and
definitions of truth, both classic al and non -classical, when they ask about
the truth of religion. According to classical correspondence theory, truth is
when things and your mind are in line with each other. According to the
coherence theory, a proposition is true if it fits in with a gro up of other
propositions. According to pragmatic theory, truth is what we want to do,
and human action is the standard for truth. Today, there are more popular
"deflationary" theories of truth, which say that truth isn't important in
theory and that the cl assical theory is wrong. All of these definitions of
truth can be used in some way when studying religion, and each of them
has its own problems. The goal is to find a definition of truth in religion
that could be used by any religion.
3) The idea that rel igion is true.
This is the first time we're going to look at the different ways we can say
"religious truth." It's hard for each of them. In the world of religions,
"truth" can mean a lot of different things. It's possible to think of religious
truth as a feature of religion in general or just one religion. A propositional
truth is what we're talking about when we talk about religious truth. In this
case, religious statements (dogmas, like the church's teaching) are made to
be true by the church through str ict religious reasoning. The question now
is how to think about the truth of religion as a doctrinal system in the same
way that the truth of a scientific theory is thought about.
In the study of religion, we see that there are two kinds of truth: truth th at
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39 religious truth is about historical events that can be proven from outside
even if you don't believe in that religion, like the fact that Jesus Christ and
Muhammad were real. Inter religious truth deals with the supernatural
content in religious beliefs. It can only be found from inside a given
religion by a believer who has had an experience with God or who looks
to the authority of the religious founder. Isn't what we believe about God
in Christ something we say about how things have been?
Different religions have different meanings when it comes to the question
of whether or not religions are true. Religion is a broad term that can refer
to many different types of religions, such a s the religions of tribes, the
religions of non -literate people, the religions of ancient civilizations like
Babylon and Egypt, the religions of China, and the religions of Judaism,
Buddhism, and Islam. It can also refer to religions that are polytheistic,
henotheistic, or monotheistic, as well as religions that are eclectic and
syncretic (New Age religions).
It is easy to apply the idea of truth to monotheistic religions. Ancient
religious myths, on the other hand, can't be used to apply this idea.
religio ns in the ancient Greek and Roman world To the Babylonian
worship of the stars and the moon, what do you say? Mithra's cult in Iran
Is this a reference to Mazdeism and Zoroastrianism? What about modern
atheistic "religions" that don't have a transcendent o bject of devotion, or
those that only act as religions (Scientology, psychoanalysis, and
psychotherapy), how can one apply the concept of truth to these types of
religions? Esoteric religions, like Buddhism, Vedanta, and Christian
Gnosis, make the issue of religion's truth even more complicated. These
religions believe that there are two kinds of truth: surface truth and deep
truth. Then there is truth that can't be expressed in any kind of language
and is only available to people who know what they're talk ing about. Also,
it can be hard to talk about supernatural religious truth because it has a
faraway object of reference that may need the language of analogy.
Check your Progress
1) Different religions have different meanings. Explain.
2) What is the idea of tru th?
3) What is secular naturalism
3.3 MAIN TYPES OF TRUTH OF RELIGION
The question of whether a religion is true, especially Christianity, has a lot
of different assumptions: ideological, philosophical, theological, religious,
and so on. It can also have many different meanings, such as cultural,
epistemological, sociological, psychological, historical, substantial or
functional, objective or subjective, and so on and so forth. Religious truth
was thought of as being historical and doctrinal truthfulness, as w ell as
credibility (reliability), authenticity, completeness (exclusion), and
meaning (existential significance). In what follows, I explain these words,
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40 1) The truthfulness of religion in the past . It's true that each of the
religions that have been around for a long time and that each one has a
history. In more specific terms, historical truthfulness refers to the
religious tradition's origin, identity, institutional and doctrinal continuity,
as well as the h istoricity of its founder and its Holy Scriptures, which
make it unique and keep it true to itself. Usually, at the start of a religious
group, there is a charismatic leader, like Moses or Buddha. The leader
then draws in followers who try to follow the le ader's teachings faithfully.
This kind of historical truth about religion only applies to a small group of
traditions that have well -defined origins and a history that can be found in
books.
2) The truth about religion . The doctrinal dimension of religion is what
most people think of when they talk about the truth of religion. This is the
part of religion that is covered by oral or written tradition in the form of
religious statements about the supernatural and natural world. In every
religion, people have hopes for the world to come after this one. Here,
religious truth is thought of as knowledge that points toward the ultimate
deepest reality, which can be called God, Dharma, Tao, the Sacred, and so
on. People believe religions are true because they say th ere is a real thing
called a transcendental, supernatural, or sacred thing.
When it comes to truth, there's a big question: How can it be used when
the object of beliefs isn't an ordinary object in a subject -object relationship
and can't be checked out by other people? Furthermore, religious truths are
thought to be infallible and eternal, which makes them very different from
scientific statements that are only hypothetical. Truths that promise
something that can only be fulfilled in the supernatural life t o come are
also very different from scientific statements that are only hypothetical.
There is also a problem with orthodoxy (heterodoxy) and how it is judged
by. Orthodoxy when it comes to religious life means having the right
beliefs that come from a sac red, more or less official source. All of the
main religious traditions know about orthodoxy, even though they use
different words to describe it. Each tradition is interested in its own
orthodoxy and has set up its own rules for accepting orthodoxy and
rejecting non -orthodoxy. In most religions, the Bible and Koran are used
to show what is acceptable and what isn't. For example, people who
believe that the Bible and Koran are infallible, as well as people who
believe that the bishop of Rome is the main aut hority.
There are some religious traditions that have very strict rules about purity
and conformity. On the other hand, there are religious traditions that don't
have an official creed, like Judaism, Hinduism, Confucianism, and Islam.
There are also tradit ions that emphasise morality and ritual rather than
orthodoxy. Religions from all over the world let people have different
beliefs as long as they don't break the rules. The traditional Chinese didn't
think it was weird that he had more than one religion i n his life at the same
time. In addition, the level to which unorthodoxy is considered a big deal
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41 because the beliefs that are important over time change in the same
tradition.
3) The reliability of religion . In one sense, "credibility" refers to religious
statements about what happens after this life. Proof that a religion is old
isn't enough to show that it was true long ago (for instance that Christ
existed and founded the Church). W hether or not that religion can keep its
promises about individual resurrection and life after death is still up in the
air. "Eschatological verifiability" (J. Hick) in life after death at least
partially solves the question of whether Christianity is true . This truth
comes from its ability to make us right with God and make us happy
forever by getting rid of our sins. People who believe in religious truths
are judged on the basis of arguments that are specific to a religion and on
theological methods. Peop le who believe in a certain religion can show
how strong their faith is by living their lives and sometimes dying for their
beliefs.
4) The fact that religion is real . Here, the question is how to tell real
religious things from things that aren't real at all. This distinction already
has the idea (definition) of true religion, which could be used as a litmus
test to find things that are religious. There are some things that make an
unauthentic religion seem like real religion, but for other important
reaso ns it is not real religion. Unfortunately, scholars don't agree on what
makes a religion true. This is especially true because religion is an
important part of culture. The question of what makes religious things
different from other cultural things is at the heart of the issue of how to
define religion. Culture and religion are two different things in western
cultures, but there are other cultures that don't make this difference very
clear.
Another way to think about authenticity of religion is to think ab out
religious doctrine as being true to a given religion, rather than being
unorthodox, heterodox, or heretical.
5) The exclusivity of religion . There is a way to think about the truth of
religion that makes it seem unique and special. People who believe t heir
religion is the only one think all other religions are false, or at least not
true. This kind of exclusivity is found in Christianity, Judaism, and Islam,
but even more so in Judaism and Islam. The Catholic Church believes that
it has the whole truth because it sees Jesus Christ as God's revelation. It
says that outside of the church, there is no salvation. From this place, the
Catholic Church has always fought against other religions in the past. As a
contrast, the "historical -religious" school (E. Tr oeltsch) that came out of
liberal Protestant theology at the end of the XIX century said that God's
revelation is found in every religion and that the relative absoluteness of
Christianity can only be proven through historical comparison.
6) Consistency (c oherence) and rationality of religion: Because
religious beliefs are an important part of almost every religion, the
question of whether religious beliefs are true or not is a question of
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42 of being rational. However, a religious system could be perfectly
consistent and not have any kind of sense of coherence (L. BonJour). But
how can one think of the beliefs of a certain religion as a whole and
consistent system? It is easy to meet the requirements for consistency and
coherence in closed deductive systems, but not in open systems like
religious doctrines, which are more open.
A person can think of religious consistency as either intra -religious or
extra -religious, depending on how t hey think about it. Immanent
consistency in religion is when religious beliefs are in harmony with each
other. There are two parts to the external consistency of a religion: how
well religious beliefs fit with human reason and how well they fit with
common scientific or philosophical knowledge. A lot of people find it hard
to think of ways to apply the idea of consistency to all of the different
religions. Christianity, the religion that has been thought through to a very
high level, is very concerned about its consistency both inside and outside
of the religion. Sometimes, when it tries to give a general view of the
world (Weltanschauung), it doesn't agree with a scientific view of the
world where there is no room for the supernatural. A good example is the
debate between the theory of evolution and the religious belief that
everything began with a single person.
If you want to make a case for religious consistency between different
religions, you have to keep in mind that not all religious content is
expres sed in propositional language; that a religious creed also includes
truths that are mysteries (like the Christian mystery of the Holy Trinity or
the Incarnation), which are accepted as God's gifts; and that because of the
specificity of the religious langu age, not all religious propositions can be
easily understood. Because of all these things, it isn't clear how to find
consistency and coherence in the world of a certain religion, though.
7) Religion has meaning in the real world and in the real world. Tod ay,
people want to know the truth of religion in a way that goes beyond the
historical and doctrinal aspects of religion. The truth of religion can be
seen in how close a person is to the sacred and how committed they are to
the world of the sacred. It doe sn't matter that religion has a descriptive
side, but that it points a person's life toward the "ultimate reality" that he
wants to be saved from. People don't become religious because religion
tells them things that are true about the world. They become r eligious
because it promises eternal happiness. Religious traditions and beliefs are
important if they can be proven to be true when they produce saints who
are both morally and spiritually recognised (J. Hick 1989).
3.4 THE TRUTH ABOUT DIFFERENT TYPES OF
RELIGION
A lot of things about religion in general It's hard to come up with a single
definition of truth for every type of religion even if many statements, like
those by philosophers, are general. This is because there are so many
different types of reli gions. The way phenomenologists talk about religion
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43 about each religion individually. The meaning of the question of whether
or not a religion is true isn't clear. No one can give an answer to this
question until they have found a way to solve the problem of universals
first. People say there is a way to talk about the truth of a religion only if
there is a general answer to the question of religion. This idea comes from
J. Wach. A n alternative idea is to only look at the truth of certain religious
doctrines. He thought that if you looked at all different types of religious
beliefs, you would find that no religion is completely without truth, like he
thought.
Religion that was revea led. At the start of that religion, does God show up
and become the thing that people worship? People who believe in God
make decisions about whether or not to believe in God's revelation and to
believe that there is a transcendent object of devotion. Some religions
believe that their beliefs are true. A religious scholar can only note that
this is the case for some religions.
If you want to know if a religion is true, you have to think about what kind
of religion it is. For example, how credible is the rel igion's doctrine? If
you look at some religions like Christianity, you'll see that they have a
well-developed doctrinal side (the Creed). If you look at other religions,
like Islam, you'll see that they have a more practical and ritual side. People
who fol low religious traditions that are more about how they act than how
they act are still expressing their worldview and their belief in God or
gods, as well as how they think about their relationship with each other
and with the universe as a whole.
It's only possible to talk about the truth of religion in philosophy and
theology of religion to a certain extent, because we're talking about faith
here. A person who thinks that a certain religion or its theology is the best
place to start when evaluating the rel igious content of other religions is
making a circular argument. This means that if we think that other
religions are usually false because of their doctrine, then we have to think
about this fact (although it may not be a vicious circle but a hermeneutic
one). When the problem of the truth of revealed religion is thought of as
the question of the existence of a transcendent object of cult, it is part of
both philosophy and theology. Theology of religion, on the other hand,
solves it theologically with resp ect to a specific religion, usually with
respect to one's own religion and in the light of one's own religion with
respect to all other religions.
It's number three. Natural religion (religionnaturalist), in contrast to
positive (revealed) religion, is tho ught of as the intuitive knowledge of
God that comes from the human soul and is found through the natural
power of reason (lumen rationale). For example, reading the "book of
nature" can help. Philosophy of religion has the job of giving an answer to
the q uestion of whether or not natural religion is true, and they need to do
that. All positive religions don't make sense if you think about natural
religion in a normative way. They are unnecessary and degenerate forms
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44 can believe that there is an absolute being (das höchsteWesen) that is
outside of the world and is the source of man's worship.
Christianity is number four on our list of things to know. Claim: It needs
to be explained why the Christian faith is true. One thing about
Christianity, especially Roman Catholicism, is that the doctrinal side in the
form of a dogmatic theology is very well thought out. The truth of the
Christian faith is based on the truth of God, so it is tru e (Thomas Aquinas).
Theologians who work in the field of Christian theology focus on what
they believe (orthodoxy). In Christianity, there is a very clear and official
(anathema) difference between orthodoxy and heterodoxy (heresy). A
Christian is supposed to follow both orthodoxy and good behaviour. That
means he should believe in the Christian faith and follow the Christian
way of life. This person believes that the Apostles' teaching is passed
down to us in a continuous way and is kept in the official te aching of the
Church. However, even in Christianity, there isn't one single way of
looking at things. There are more or less orthodox and nonorthodox
groups, like Eastern Orthodoxy, Roman Catholicism, and Protestantism, as
well as a lot of different Christ ian Churches and groups.
There are some ways to think of the truth of Christianity as a special case
in which the truth of other historical religions is the same thing. For this
reason, Christianity is treated as a true religion and is thought to be true
religion. People who believe in Christianity have religious experiences,
but the Bible is not a history book that doesn't have anything to do with
that. A Christian isn't so interested in general religious truths as he or she
is in the unique truth of the C hristian message. People say Christianity is a
true religion because it is a religion that was given to us by God, which
means that it is based on the fact that Jesus Christ existed in the past and
that fact has a religious (supernatural) meaning at the sa me time. This is
called a revealed religion. The most important question about whether or
not Christianity is true is whether or not Jesus Christ is real. This is
because the man who claimed to be God came into the world and died and
rose from the dead.
The truth of Christianity also means that it is credible, which means that
the "empirical" truth of the things we believe in the Bible and in the Creed
is true. Christians were able to show that there is no conflict between what
natural religion says and wha t Christians say (the doctrine of the Bible).
Within Christianity, there are different ways that different groups define
what is true for them. The Roman -Catholic Church says that it has all of
the truth that is good for you because of its apostolic lineag e and the
infallibility of the hierarchical teaching of the Church. From this point of
view, it thinks that all other religions are wrong in some important way.
Check your Progress
1) Consistency (coherence) and rationality of religion. Discuss.
2) The truthfuln ess of religion in the past. Discuss.
3) How does Religion have meaning in the real world and in the real
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45 3.5 SUMMARY
One thing to keep in mind after reading the above is that there isn't a
single, simple, or general answer to the question of whether o r not religion
is true. As it turns out, any answer has to make some concessions about
things like truth and religion.
It can be useful to think about religious things in terms of "truth of
religion," not just in philosophy and theology of religion but als o in the
social sciences of religion.
True religion and "truth of (in) religion," even though they appear to be
two separate things, seem to have a strong influence on each other.
In the beginning of his research, a scholar of religion should try to ask th e
question, "What is true about religion?" in the most general and neutral
way possible. He should not only ask this question about Christianity.
It is not the right place to ask and answer questions about the credibility of
religion, but the social scienc es do have a place to ask and answer
questions about the history of religion. People who study philosophy and
theology of religion can best answer the question of whether or not
religion has a transcendent goal.
Religion scholars should try to match up the ir research with what people
who believe in a certain religion think about the truth of that religion. A
person should not dismiss the question of whether or not a religion is true
just because the religion refers to a divine founder or revelation, or
because religious doctrine does not follow a scientific method of research.
3.6 QUESTIONS
1. Why study religious ethics?
2. What are the moral arguments for theism?
3. If secular naturalism is true, what would happen if it was true for
everyone?
4. Discuss ‘The idea that religion is true’.
5. Write short notes on :
a) The reliability of religion
b) The fact that religion is real
3.7 REFERENCES :
 Berling J., Orthopraxy, in: M. Eliade (editor in chief), The
Encyclopedia of Religion , New York, vol. 11, London 1987, 129 -132.
 Bronk A ., Naukawobecreligii (Science and Religion. The
Epistemological Foundations of Religiology ), Lublin 1997. munotes.in

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46  McDonough S., Orthodoxy and Heterodoxy, in: M. Eliade (editor in
chief ), The Encyclopedia of Religion , vol. 11, New York, London
1987, 124 -129.
 Smith W. C., Questions of Religious Truth , New York 1967.
 Streng F. J., Truth, in: M. Eliade (editor in chief), The Encyclopedia of
Religion , vol. 15, New York -London 1987, 63 -72.
 Vroom H. M., Religions and the Truth. Philosophical Reflections and
Perspectives ( Currents of Encounter, vol. 2) , Amsterdam 1990.
 Walker R. C. S., Theories of Truth, in: B. Hale, C. Wright (ed.), A
Companion to the Philosophy of Language , Oxford 1997, 309 -330.
 Wiebe D., Religion and Truth. Towards and Alternative Paradigm for
the Study of Religions , The Hague, Paris, New York 1981.
 Waardenburg J. (ed.), Classical Approaches to the Study of Religion.
Aims, Methods and Theories of Research, vol. 1: Introduction and
Anthology ; vol. 2: Bibliography, The Hague, Paris 1973 -1974.
 Whaling F. (ed .), Contemporary Approaches to the Study of Religion ,
vol. 1: The Humanities, vol. 2: The Social Sciences, New York 1984 -
1985.


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47 4
DEMOCRACY, LIBERTY, FREEDOM,
SECULARISM, SOCIALISM,
FEDERALISM, SOVEREIGNTY,
EQUALITY
Unit Structure
4.0 Objectives
4.1 Introduction
4.2 Historical Background
4.3 Objective
4.4 Summary
4.5 Questions
4.6 References
4.0 OBJECTIVES
 Understanding democ racy and its characteristics
 The historical implications
 The need to approach this topic
4.1 INTRODUCTION
The constitution cannot be completed without the preamble. The
preamble serves as the introduction to the Indian constitution. It is
typically determi ned to constitute India into a socialist, sovereign,
democratic, secular, and republic. It also secures fundamental rights such
as liberty, equality, and justice to all Indian citizens and then promotes
fraternity among them.
The preamble to the Indian con stitution has set down the aims and
aspirations of the Indian people. It renders a purpose and direction to the
Constitution of India. It only outlines the objectives and scope of the
whole constitution.
The preamble is based on the aims and objectives re solution passed by the
Constituent Assembly. It provides a way of life, which includes fraternity,
liberty, and equality as the notion of a happy life, which are connected and
cannot be separated. It means without equality, liberty would produce the
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48 would kill individual perception. And fraternity helps liberty and equality
in their course of action.
Justice P. B. Gajendragadkar in the Berubari case said “The Preamble
was not a part of th e Constitution. Also, it did not confer any substantial
powers upon the legislatures or other organs of the State. These must have
their source in express or implied grant by the provisions of the
Constitution.”
Justice J. R. Madholkar in Sajjan Singh V. S tate of Rajasthan stated, “The
Preamble had the stamp of ‘deep deliberation’, was ‘marked by precision’
and the framers of the Constitution attached special significance to it. The
Preamble was ‘an epitome’ of the broad features of the Constitution.
These broad features were an amplification or concretisation of the
concepts set out in the Preamble. The earlier Supreme Court opinion
regarding the Preamble not being a part of the Constitution, perhaps
needed reconsideration.”
4.2 HISTORICAL BACKGROUND
The preamble of the Indian constitution is based on aims and objectives
resolution moved by the Prime Minister Jawaharlal Nehruon 13th
December 1947. It was adopted on 22nd January 1948 by the Constituent
Assembly.
The drafting committee observed that the pr eamble must be limited in
defining the important features of the new state and its socio -political
objectives. Other important matters should be refined further in the
Constitution. The committee changed the motto from the 'Sovereign
Independent Republic' to 'Sovereign Democratic Republic' as was
mentioned in the aims and objectives resolution.
The preamble can also be called the soul of the constitution as it has
everything about the constitution. The constitution was adopted on 26th
November 1949 and its implementation started from 26th January
1950.Hence 26th January is known and celebrated as Republic Day.
4.3 OBJECTIVE
According to the preamble as it stands today after the forty -second
amendment to the constitution, the supreme or fundamental constituti onal
values in which the founding fathers believed, which they wanted to foster
among the people of the Republic and which, they hoped, would guide all
those who, from generation to generation, were called upon to work the
constitution were:
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▪ Socialism
▪ Secularism
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49 ▪ Justice
▪ Liberty
▪ Equality
▪ Fraternity
Sovereignty
Sovereignty is considered to be one of the essential attributes of a state
and connotes absolute and supreme power not subject to control by any
internal or external authority. ‘Sovereign’ means the independent authority
of the state. It means the state has control over every subject and no other
authority or external power has control over it. So, the legislature of our
country has the powers to make laws in the country with rest rictions
keeping in mind imposed by the constitution. The Constitution of India
does not contain any specific provision regarding the vesting of sovereign
powers. The only place from where the sovereignty can be ascertained is
the preamble.
In India, power is divided between the union and the states but there is no
division of sovereignty. The union can override the states in national
interest during emergencies. Even during normal times, it can invade the
states' sphere by legislating on subjects in the st ate list under article 249.
Article 1 of the constitution made it clear that the Union of India could
acquire foreign territory. Also "one of the attributes of sovereignty is the
power to cede parts of national territory if necessary." The union could
also cede its territory subject to necessary constitutional amendment.
Under articles 2, 3, and 4 of the constitution, the Parliament can by
ordinary legislation admit or establish new states in the union, and alter
the name, area, and boundaries of the existi ng states. Under the citizenship
provisions, there is only one citizenship for all the people of India and no
double citizenship of the union and of the states as in the United States.
In these traditional terms of sovereignty, no state today can be said t o be
fully sovereign. Membership of international organizations like the United
Nations, European Union, etc. and international treaties, accords,
conventions, etc. cast obligations, put restraints, and erode sovereignty
Justice Mathew in the K. Bharti cas e observed that the Republic of India
was "sovereign" because it could make or unmake any decision
concerning itself without any interference from outside.
Charles Cooley stated in his writings that "where there resides within
itself a supreme and absolut e power acknowledging no superior".
Socialism
The term ‘Socialist’ was added in the preamble by the 42nd Amendment
in 1976, during the emergency. The term socialist denotes democratic
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50 economic, and political justice. The founding fathers did not want the
constitution to be wedded to any particular political ideology or ism or to
be limited by any economic doctrine. They did not, therefore, agree to
include any reference inter alia to so cialism. But the preamble did mention
the resolve to secure all citizens' economic justice and equality of status
and opportunity. However, the term socialist has not been defined by the
constitution. It has meant different things to different people and i s hardly
left with anyone's definite connotation. Dictionary meaning of the word
would imply, in full or in part, placing means of production and
distribution in public hands, i.e. under public (meaning 'State') ownership
and/or control as against private ownership and free enterprise. Socialism
meant the elimination of inequality in income and status and standards of
living.
Secularism
The term ‘Secular’ was also added by the 42nd Amendment Act in 1976,
during the emergency. The xonstitution states India is a secular state as the
state has no official religion. The citizens have their own view of life and
can choose their religion as they like. The state provides full freedom to
the people to practice any religion of their choice. The state treats all
religions equally, with equal respect, and cannot discriminate between
them.
“The secular state is a state which gives individual and corporate freedom
of religion, is not constitutionally connected to a particular religion, nor
does it seek either to promot e or interfere with religion.”
Donald Eugene Smith (An academic definition of the concept of
secularism in the Indian context)
Features of the constitution that support the concept of secularism -
▪ Article 14 defines the right to equality.
▪ Article 15 and 1 6 say discrimination on any grounds such as religion,
caste, etc is prohibited.
▪ Freedom of speech is guaranteed under articles 19 to 21.
▪ Religion practices freedom and rights covered under articles 24 to 28.
▪ Article 44 reaffirms the importance of uniform c ivil law which treats all
citizens equally.
The vision of the founding fathers was that of a nation transcending all
diversities of religion, caste, and creed. They were not hostile to religion
but they hoped that it would be possible to forge political u nity and that
religious differences would not hamper nation -building. They visualised a
polity under which laws would not discriminate between citizens on
grounds of religion, caste, or the like. The constitution sought to establish
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51 any special privileges at the hands of the state. Also, it is essential that the
religious rights of the minorities are protected.
Democracy
The Greek word 'demos' meant 'the people' and 'Kratos' meant
'government' or 'rule'. Democracy, therefore, meant government by the
people as against monarchy or dictatorship which was the autocratic rule
of one person, oligarchy or aristocracy being ruled by the few.
Irrespective of religion, caste, creed, colour or sex and irrespective of the
level of economic, educational or professional background all are equal in
the eyes of law and sovereign power resides in the people. In a democracy,
the people are supposed to be their own masters. Every person has a direct
or indirect share in administration in a democratic form of government. the
basic requirement of a successful democracy is awareness of the people. A
democratic form of government cannot survive without fair elections as
they are the soul of democracy. Democ racy also improves the way of life
by protecting human dignity, equality, and the rule of law.
The Court stated that in Mohan Lal V DM of Rai Bareily case that
democracy is a philosophical topic related to politics where the people
elect their representa tives to form a government, where the basic principle
is to treat the minority the same way people treat the majority. Every
citizen is equal before the law in the democratic form of government.
Check your progress
1. Write names of 5 democratic countries and the year of the adoption of
their constitutions
 Discuss democracy
 Discuss secularism
Justice
The preamble promises justice to all citizens. Justice means the
harmonisation of interests between the individuals and between groups,
and between the individ uals and groups on the one hand and interests of
the community on the other. Justice is defined or elaborated as social,
economic, and political. It is necessary to maintain order in society wich is
promised through various provisions of Fundamental Rights and Directive
Principles of State Policy provided by the Constitution of India.
 Social justice implies that all citizens are treated equally irrespective
of their status in society as a result of the birth, race, caste, religion,
sex, title, etc. Ar ticle 15 prohibits discrimination or disability in the
matter of access to public places. Article 38 enjoins the state to strive
to promote the welfare of the people "by securing and protecting as
effectively as it may a social order in which social, econo mic, and
political justice shall prevail. Provisions for humane conditions of
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weaker sections and backward clas ses, minimum wage, banning of
forced labour (articles 23 and 43) were all directed towards social
justice.
 Economic Justice means no discrimination can be caused by people
on the basis of their wealth, income, and economic status. Every
person must be paid equally for an equal position and all people must
get opportunities to earn their living. In pursuance of the objective of
economic justice, the constitution (articles 36 to 51) is also directed
towards securing a new social and economic order imbued with
justice. There are provisions for the right to work, to education and to
public assistance in certain cases, for just and humane conditions of
work and maternity relief, for a living wage, etc. for workers, for free
and compulsory education of childr en, for promotion of educational
and economic interests of weaker sections, for separation of judiciary
from the executive, etc.
 Political justice means equal share to all citizens in the rights to
participation in the political process without any di stinction of race,
caste, creed, religion, or place of birth. Article 16 guarantees equality
of opportunity in matters of public employment and articles 325 and
326 provide for equal rights for all adults to participate in elections.
Political justice was meaningless without economic justice. Even
economic justice was not enough unless it was coupled with social
justice.
Liberty
Derived from the Latin word 'liber', liberty literally would mean freedom
from captivity, imprisonment, slavery, serfdom, or despo tism. It means no
unreasonable restrictions can be imposed on the citizens in terms of their
thoughts, feelings, and views. But liberty does not mean freedom to do
anything, a person can do anything but, within the limit set by the law.
Anything which can create public disorder cannot come under liberty.
These limits are set by the constitution to avoid injuries in the name of
liberty.
Liberty was conceived as the absence of interference in individual
freedom of action by the government. Liberty in the prea mble to our
constitution does not mean mere absence of restraint or domination. It is a
positive concept of the right to "liberty of thought, expression, belief,
faith, and worship". Article 19 guarantees protection of rights of freedom
of speech, expressi on, etc. while articles 25 -28 embody rights to freedom
of religion including that of belief, faith, and worship. In this positive
connotation, liberty would mean freedom of the individual to do what one
likes.
Equality
Equality does not only mean that al l men and women are equal in all
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53 differences. The concept embodied in our preamble is only that of equality
of status and opportunity. This has legal, social, political, and economic
aspec ts.
The term ‘Equality’ means no section of society has any special privileges
and all the people have been given equal opportunities for everything
without any discrimination. It means removing all types of discrimination
from society to build a healthy environment for the people to live in.
Everyone is equal before the law. The concept of equality of status and
opportunity has been given prominence in articles 14 to 18.
Fraternity
It means an emotional attachment with the country and a feeling of
brother hood amongall the people. It refers to a feeling which helps to
believe everyone is the child of the same soil and is connected. The ideals
of justice, liberty, and equality are relevant and meaningful only inasmuch
as they promote a common feeling of brot herhood. Provisions relating to
common citizenship are directed toward strengthening Indian fraternal
feelings and building a strong Indian fellowship. The fundamental rights
guaranteed to all citizens without any discrimination and the directive
principle s directed at achieving social and economic equality are also
designed to promote fraternity. The concept has been elaborated in the part
IV A of the constitution laying down the fundamental duties of the
citizens. Duty of every citizen inter alia to promo te among all the people
of India harmony and the spirit of common brotherhood. Thus, the concept
of fraternity is far wider than the concept of secularism
Dr Babasaheb Ambedkar stated in his speeches that, fraternity means a
sense of common brotherhood of all Indians. It is the principle that gives
unity and solidarity to social life. It is a difficult thing to achieve.
Federalism
The constitution of India has not described India as a federation. However,
article 1 of the Indian Constitution describes Indi a as a "Union of States."
This means India is a union comprising various states which are an
integral part of it. Here, the states cannot break away from the union. They
do not have the power to secede from the union. In a true federation, the
constituting units of the states have the freedom to come out of the union.
The basic principle of federalism is that the legislative, executive and
financial authority is divided between the centre and the states, not by law
passed by the centre but by the constituti on itself. Indian constitution also
defines powers among the executive, legislature and the judiciary. Indian
Constitution is an aid to be a federal structure because it is said that it has
a clear demarcation of boundaries between the central & the state
governments. Similar to that of the U.S., India has legislative and
executive authority divided between the centre and the states.
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Features
▪ Two Governments - Central government looks after the whole country
and the state government mainly works for the states.
▪ Power Division - Powers between the central government and state
government have been divided by the Constitution of India. (Read
7th Schedule)
▪ Written Constitution and Supremacy of the constitution
▪ Judicial power
Check your progress
Find out the preamble of the following countries -
1. United States (1787)
2. Ireland (1937)
3. Japan (1947)
4. France (1958)
 Discuss Federalism
 What is fraternity?
4.4 SUMMARY
Because they provide a framework for organising and administering
societies based on the ideals of justice, fairness, and equality, ideas like
democracy, liberty, freedom, secularism, socialism, federalism,
sovereignty, and equality are essential. These ideas guarantee that people
are included in decision -making, safe from abuse, able to get their hands
on the things they need to thrive, and are given the same legal protections
as everyone else. By keeping power from concentrating in too few hands
and balancing opposing interests and ideals, they contribute to societal
harmony, st ability, and development. Collectively, these ideas are what
support modern democratic societies and are necessary for making the
world a better place for all people.
4.5 QUESTIONS
1. What are the principles of democracy?
2. What do you mean by secularism?
3. How s hould one study equality?
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4.6 REFERENCES
 Thiruvengadam, A. K. (2017). The Constitution of India: A Contextual
Analysis. United Kingdom: Bloomsbury Publishing.
 Baruah, A. (2007). Preamble of the Constitution of India : an insight
and comparison with other constitutions. India: Deep & Deep.
 Qamar, S. N., Lal, C. K., John, T. A., Kabir, N. (2010). Human Rights,
Democracy and Governance. India: Longman.
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56 5
ETHICS IN THE CONSTITUTION OF
INDIA
Unit Structure
5.0 Objectives
5.1 Introduction
5.2 Constitutional Values
5.3 Ethics of the Constitution of, as well as its preamble,
5.4 Values and the Most Important Parts of the Constitution
5.5 Summary
5.6 Questions
5.7 References
5.0 OBJECTIVE S
Explain how the Constitution is the most important and basic law in the
world, as well as a living document that changes.
Analyse the Preamble of the Constitution and find out what the main
values are.
Appreciate the core con stitutional values that run through the important
parts of the Indian Constitution.
Examine the nature of the Indian federal system and the parliamentary
form of government to see how they work.
5.1 INTRODUCTION
It is important to understand what the Cons titution is all about.
You may have heard the word "constitution" a lot in the past. A lot of
people use the word "constitution" in a lot of different ways, like when a
country or state has a constitution or when an association or union has one.
It can als o be used to talk about a non -profit organisation, a company, and
so on. Is this term used in the same way in all of these situations? It's not
true. constitution: A set of rules written down that define and control the
structure and workings of a group or organisation, like a company or a
group of people. It means a set of fundamental principles, basic rules, and
precedents (standards/events) when it is used in the context of a State or a
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57 Many things about the State are defined in this document. I t also lays out
how these three parts of government work together and how they work
with each other, as well as how they work with each other. In addition, it
lays out how each citizen is connected to the State and government, as
well as what rights and fr eedoms each person has.
A Constitution can be written or unwritten, but it is made up of the most
important laws in the country. It is the highest and most important thing.
Any decision or action that is not in line with it will be unconstitutional
and ill egal, so it is important to follow it. A Constitution also sets limits on
the power of the government so that it doesn't get too powerful. It is also
not a static document, but a living one, because it needs to be changed as
and when needed to keep it up t o date. Because it is so flexible, it can
change to meet the needs of the time, meet the desires of the people, and
adapt to the changes taking place in the world.
In the United States, the Constitution is called the Constitution of the It's
possible that you've seen the Indian Constitution. Do you know the cover
page shown in the picture? If you have seen it or have a chance to see it,
you will agree that it is very long. The Indian Constitution is, in fact, the
longest written constitution in the world. I t was made by a group of people
called the Constituent Assembly. This group was very active in the fight
for freedom. They are called the "founding fathers" of the Constitution
because they helped write it.
When India was ruled by the British, there were a lot of things that made
the process of making a constitution very complicated. These things
included the aspirations that people had during their long fight for
independence, constitutional and political changes that took place during
the British rule, Ma hatma Gandhi's ideas, and experiences with
Constitutions in other democratic countries around the world. On January
26, 1950, the Constitution came into effect. Since then, we have celebrated
this day as the Republic Day every year, which is when the Const itution
comes into effect.
On December 9, 1946, the Constituent Assembly began to work on the
Constitution, and they did so for the first time. As of December 11, 1946,
Dr. Rajendra Prasad had been chosen as its president.
Dr. Baba Saheb Bhimrao Ambedkar l ed the group that wrote the
document. They met for 166 days over a period of two years and 11
months and 18 days. There were no more changes to the Constitution until
November 26, 1949, when a group of people called the Constituent
Assembly agreed to the d raught constitution.
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)
directi ve 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
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5.2 CONSTITUTIONAL VALUES
The Constitution of any country is used for a lot of different things. It
gives us some ideas about what kind of country we want to live in as
people. A country is usually made up of different groups of people who
share some beliefs, but not all of them. Having a constitution helps make
sure that everyone agrees on important things like rules and p rocedures.
These are how the people want the country to be run and how they want
society to move forward.
There must be a consensus not only on what kind of government the
country should have, but also on what kind of ideals the country should
follow. The Indian Constitution has a set of core constitutional values that
make up its spirit and are expressed in a lot of different articles and
provisions. But do you know what the word "value" means?
Immediately, you can say that truth, non -violence and peace ar e values.
You can keep going and add many more values, like honesty, respect,
respect, and kindness. In fact, in a layman's view, value is something that
is very important for the existence of human society as a whole. These
values are found in the Indian Constitution. They are universal, human and
democratic values of the modern era, and they are found in it.
5.3 ETHICS OF THE CONSTITUTION OF, AS WELL AS
ITS PREAMBLE
Have you read the Preamble to the Indian Constitution that is at the start of
this text? A ccording to the Constitution of India, its values can be found in
the whole thing. The Preamble, on the other hand, explains "the
fundamental values and the philosophy on which the Constitution is
based." The Preamble to any Constitution is a short stateme nt that tells
you what the document is about.
The Preamble to the Indian Constitution does the same thing, as well. The
values in the Preamble are shown as goals in the Constitution. Some of
these are: sovereignty, socialism, secularism and democracy; the
republican character of the Indian State; justice; liberty; equality;
fraternity; human dignity; national unity and integrity; and the unity and
integrity of the country as one whole. Let's talk about these constitutional
values:
A lot of people have read the Preamble. It says that India is a "sovereign
socialist secular democratic republic." Being sovereign means that you
have full political freedom and are in charge of everything. It implies that
India is powerful inside and outside. Because there is no o utside
interference, it is free to make its own decisions and no one inside can
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59 This feature of sovereignty gives us the honour of being a country in the
world. Though the Constitution doesn't say where the sovereign power
comes fro m, the Preamble clearly states that the people of India are in
charge. This means that the people are the only source of power for the
constitutional authorities and government bodies.
Socialism : You may have heard that social and economic inequalities
have been a part of Indian culture for a long time. Because of this,
socialism has been made a constitutional value because it is meant to help
people change their lives and end all forms of inequality. Our Constitution
tells the governments and the people to make sure that everyone has a
well-planned and coordinated social development in every area. It tells
people not to put too much money and power into the hands of a few
people. In Chapters on Fundamental Rights and State Policy, the
Constitution has rules that deal with inequality.
Secularism : As long as someone says that India is home to almost all of
the most important religious groups in the world, we're happy to hear it.
When there are more than one or two people, secularism is seen as a very
important value for the government. Secularism means that our country
isn't run by any one religion or religious rules. However, the Indian state is
not against religions, but they are not welcome. It lets everyone in the
country say, preach, and practise any relig ion they want. At the same time,
it makes sure that the state doesn't have its own religion, which is
important. It is against the Constitution for people to be discriminated
against because of their religion.
Democracy: The Preamble shows that democracy i s a good thing. As a
form of government, it gets its power from the people. The people choose
who runs the country, and the elected representatives have to answer to the
people who elected them. A system called "one man, one vote" is used by
the people of India to choose them to be part of the government at
different levels. Democracy helps keep the society stable, make sure there
is always progress, and make sure there is no violence when there is a
political change. It lets people disagree and promotes to lerance. Finally, it
is based on the rule of law, which means that people have rights that can't
be taken away. This includes the right to vote and the right to speak freely.
Republic: India is not only a democratic country, but it is also a republic,
whic h means it is not only a country. President: The President is elected
and not chosen by birth like in a monarchy. This is the most important
symbol of being a republic. This value strengthens and backs up
democracy in India, where every Indian citizen has the same chance to be
elected as the head of the country. The main point of this provision is that
everyone should be able to vote.
Justice: There are times when you may also realise that living in a
democratic system alone doesn't make sure everyone is t reated fairly,
because it doesn't apply to everyone in the world. Even now, there are a
lot of cases where not only social and economic justice but also political
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60 thought about social, eco nomic, and political justice when they made it.
They have said that the political freedom that Indian citizens have should
be used to help build a new social order that is fair for everyone. Every
citizen should be able to get justice at some point in thei r lives. This idea
of a just and equal society is still one of the most important values in the
Indian Constitution.
Liberty : People should be able to think, speak, believe, and worship how
they want. This is one of the main values in the Preamble. These m ust be
made sure for everyone in every community, no matter who they are. It
has been done this way because the ideals of democracy can't be reached
unless there are certain basic rights that people need to live in a free and
civilised way.
Equality : Equal ity is as important to the constitution as any other value.
The Constitution makes sure that every citizen has the same rights and
opportunities so that he or she can become the best person he or she can
be. As a human being, everyone has a valuable self, and to make sure
everyone can enjoy it to the fullest, inequality in any form has been
banned in our country and society. Equality, which is shown in the
Preamble, is a value that is important.
Fraternity: It also says in the Preamble that the value of frat ernity, which
stands for the spirit of common brotherhood among all the people of India,
will be promoted in the country. In the absence of fraternity, a diverse
country like India is split up. To make justice, liberty, and equality real,
the Preamble plac es a lot of emphasis on fraternity, which is a group of
people who work together. As it turns out, fraternity can be achieved not
only by abolishing untouchability between different sects of the same
community, but also by abolishing all discriminatory fee lings that stand in
the way of India's unity.
Dignity of the individual: To understand the dignity of each person, it is
important to promote fraternity. Democracy can't work if people don't
have the right to be treated with respect. It makes sure that ever yone has a
say in all of the things that happen in a democratic government.
Unity and integrity of the Nation: Previously, we saw that fraternity,
which is one of the most important values, also helps to keep the country
together and strong. To keep the cou ntry's independence, the unity and
integrity of the country is very important. So, a lot of attention has been
paid to making everyone in the country work together. Our Constitution
says that everyone who lives in India has a responsibility to keep the
country together and strong.
International peace and a just international order are important, even
though they aren't in the Preamble. Other parts of the Constitution show
this. People in India are supposed to keep peace and security around the
world, keep r elations between countries fair and honourable, respect
international law and treaties, and try to settle international disputes
through arbitration. This is what the Indian Constitution says. To keep and munotes.in

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61 follow these values is in the best interest of Indi a. India's growth will be
helped by a peaceful and fair international order.
Fundamental Duties: Our Constitution tells us what we should do as
citizens, and these are called "fundamental duties." They can't be enforced
in court like the basic rights, but citizens have to do these things.
Fundamental duties are even more important because they reflect some
very important values, like patriotism, nationalism, humanism,
environmentalism, harmonious living, gender equality, scientific temper
and inquiry, and i ndividual and collective excellence, which are very
important.
Check your Progress
1) Define the constitution
2) What are the ethics of the constitution?
3) Define Liberty
5.4 VALUES AND THE MOST IMPORTANT PARTS OF
THE CONSTITUTION
The discussion of the Preamble, w hich includes constitutional values,
shows that these are important for the success of Indian democracy. When
you read on, you'll see that constitutional values are found in all the
important parts of the Indian Constitution. This will help you better
unde rstand these values. The main parts of the Constitution, as shown in
the picture, are as follows:
Written Constitution: It has been said before that the Constitution of
India is the longest written constitution in the world. It has a Preamble,
395 Articles in 22 Parts, 12 Schedules, and 5 Appendices. It also has a
Preamble. It is a list of important rules that help people understand how
the political system works and how the government works as a whole. It
shows how India should be a democratic country. Citi zens have certain
rights and responsibilities that are important for them to know about in this
text. While doing so, it also shows how important constitutional values
are.
A Unique Blend of Rigidity and Flexibility: Flexibility and rigidity are
mixed toge ther in this unique way. In our daily lives, we find that it is hard
to make changes to a written piece of work. As for Constitutions, written
constitutions are usually very strict. It's hard to make changes to them
often. The Constitution has a special wa y to change the Constitution. In an
unwritten constitution, like the British Constitution, changes are made
through the normal law -making process. The British Constitution is a
constitution that can be changed. In a written constitution, like the US
Consti tution, it is very hard to make changes. The US Constitution, then,
is a very strict constitution. Indian law is not as flexible as the British law,
and it's also stricter than that of the United States. It shows how important
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62 changes to the Constitution of India. In the Parliament, some of its rules
can be changed by a simple majority, and some by a special majority.
Some amendments need to be approved by both the Parliament and the
States .
Fundamental Rights and Duties: It is important that you know the term
"fundamental rights." Quite often, we see it in the newspaper or on TV.
The Constitution of India includes these rights in a separate Chapter,
which has been called the "conscience" of the Constitution by people who
talk about it. Those who live in the United States have a set of basic rights
that protect them from the State's arbitrary and total use of power. This is
what the Constitution says: It protects people's rights both against the State
and against other people. The Constitution also protects the rights of
people who don't agree with the majority. In addition to these rights, the
Constitution lists some basic duties. These aren't as legally binding as the
basic rights. These res ponsibilities are based on some of the values in the
Constitution.
Directive Principles of State Policy: The Constitution also has a section
called "Directive Principles of State Policy." This is in addition to the
"Fundamental Rights," which are the right s that everyone has. A unique
thing about the Constitution is that it has this. It is meant to make sure that
there are more social and economic changes, and it helps the government
make laws and policies that help people get out of poverty and stop social
discrimination. Indeed, you will learn in the lesson on "India -A Welfare
State" that these provisions are aimed at making India a better place to live
and work for everyone.
Integrated Judicial System: Like the United States, the Indian
Constitution set u p an integrated judicial system. This is different from
how federal countries run their courts, like the United States. Even though
the Supreme Court is at the national level, the High Courts are at the state
level, and the Subordinate Courts are at the di strict and lower level, there
is only one kind of Court. The Supreme Court is at the top. The goal of
this unified judicial system is to make sure that everyone gets the same
amount of justice in the same way. This is because India's judiciary is
protected by its constitution, which says that it can't be influenced by both
the executive and the legislature.
Single Citizenship: The Indian Constitution makes it possible for one
person to be a citizen. No, I don't know. It means that no matter where an
Indian lives or where he or she was born, he or she is a citizen. That's not
how it works in the United States of America. An American citizen is also
a citizen of his/her home state. This part of the Indian Constitution is very
important because it emphasises th e values of equality, unity, and
integrity.
Universal Adult Franchise: Another important part of the Constitution is
that all adults have the right to vote. This shows the Constitution's values
of equality and justice. Every Indian who is of age can vote. At the
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63 against because of their religion, race, class, sex, birth place, or home.
This is called "universal adult franchise," and it gives everyone the right to
run their own business .
Federal System and Parliamentary Form of Government: This is
another important thing about the Indian Constitution: It allows for a
federal system of states and a form of government that is based on the
people. We will go over these in more detail below. But it's important to
point out that the federal system is based on the Constitution's value of
keeping the country together and decentralising power. The parliamentary
form of government shows that the people have a lot of responsibility and
power. The m ost important thing about a parliamentary government is that
the people's representatives are in charge of the executive.
Check your Progress
1) What do you mean by Universal Adult Franchise?
2) What is the written constitution?
3) What is the integrated judicial s ystem
5.5 SUMMARY
In conclusion, Ethics in the Constitution of India is an important topic that
emphasises the significance of ethical values in defining the nation's
government and ensuring social justice. The Constitution of India upholds
a variety of et hical principles, including equality, justice, freedom, and
fraternity, ensuring that the government operates with honesty and
transparency. The study of Ethics in the Constitution of India can assist
individuals in comprehending the ethical framework that governs the
governance and society of India. Individuals can promote social
responsibility, reduce corruption, and contribute to a more just and
equitable society by upholding ethical values. Therefore, it is essential to
promote and prioritise Ethics in the Constitution of India in order to ensure
that the government operates with transparency, accountability, and
integrity, and that individuals uphold ethical principles in their conduct,
thereby contributing to a more ethical and accountable society.
5.6 QUESTIONS
a) Why is the constitution important??
b) Can you explain the written constitution?
c) Explain the concept of an integrated court system.
d) Explain the Federal System and Parliamentary Form of Government

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64 5.7 REFERENCES
 Berling J., Orthopraxy, in: M. Elia de (editor in chief), The
Encyclopedia of Religion , New York, vol. 11, London 1987, 129 -132.
 Bronk A., Naukawobecreligii (Science and Religion. The
Epistemological Foundations of Religiology ), Lublin 1997.
 McDonough S., Orthodoxy and Heterodoxy, in: M. Eli ade (editor in
chief ), The Encyclopedia of Religion , vol. 11, New York, London
1987, 124 -129.
 Smith W. C., Questions of Religious Truth , New York 1967.
 Streng F. J., Truth, in: M. Eliade (editor in chief), The Encyclopedia of
Religion , vol. 15, New York -London 1987, 63 -72.
 Vroom H. M., Religions and the Truth. Philosophical Reflections and
Perspectives (Currents of Encounter, vol. 2) , Amsterdam 1990.
 Walker R. C. S., Theories of Truth, in: B. Hale, C. Wright (ed.), A
Companion to the Philosophy of Language , Oxford 1997, 309 -330.
 Wiebe D., Religion and Truth. Towards and Alternative Paradigm for
the Study of Religions , The Hague, Paris, New York 1981.
 Waardenburg J. (ed.), Classical Approaches to the Study of Religion.
Aims, Methods and Theories of Research, vol. 1: Introduction and
Anthology ; vol. 2: Bibliography, The Hague, Paris 1973 -1974.
 Whaling F. (ed.), Contemporary Approaches to the Study of Religion ,
vol. 1: The Humanities, vol. 2: The Social Sciences, New York 1984 -
1985.

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65 6
FUNDAMENTAL RIGHTS
Unit Structure
6.0 Objectives
6.1 Introduction
6.2 Meaning and Importance
6.3 Fundamental Rights - Overview
6.4 Features
6.5 Landmark Cases
6.6 Summary
6.7 Questions
6.8 References
6.0 OBJECTIVES
This topic covers the importance of fundamental rights and its significance
in modern society. It also looks at how we need to apply it in the future
with areas of media and communication.
6.1 INTRODUCTION
We are celebrating our 75thyear of Independence from colonial rule. The
Constitut ion of India was adopted by the Constituent Assembly on
November 26, 1949. It contains the fundamental structure and code. It
shows India as an independent republic with a democratic government.
Rights are essential for the existence and development of in dividuals.
Rights are recognised by individuals, society, and state. The Fundamental
rights, the most criticised part of the Constitution of India, was introduced
by Dr Babasaheb Ambedkar. Fundamental rights are incorporated in Part
III of the constitutio n. The fundamental rights along with the directive
principles and fundamental duties proclaim the fundamental values and
constitute the foundational principle of the constitution. Fundamental
rights were discussed for 38 days, 11 days in the sub -committee , 2 days in
the advisory committee, and 25 days in the constituent assembly.
But the rights have real meaning only if individuals perform duties. A duty
is something that someone is expected or required to do. Thus, a right
comes with an obligation to sho w respect for the rights of others. The
obligations that accompany rights are in the form of duties. So, in this
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66 Constitution of India, and duties and obligations against fundamental
rights.
Justice Gajendragadkar said in the Sajjan Singh Vs. the State of Rajasthan
case, “Fundamental rights are the very foundation and cornerstone of the
democratic way of life ushered in this country by the constitution”
6.2 MEANING AND IMPORTANCE
Do you know what the term ‘rights’ means? The state recognises the most
essential rights enshrined by the constitution. Such rights are called
fundamental rights.
Rights are rules of interaction among the people. They place constraints
and obligations upon the actions of the state and individuals or groups.
Rights are claims that are essential for the existence and development of
individuals. In that sense, there will be a long list of rights. Whereas all
these are recognised by society, some of the most imp ortant rights are
recognised by the state and enshrined in the Constitution. The
state recognises the most essential rights enshrined by the constitution and
they are called fundamental rights.
These rights are fundamental because of two reasons. First, these are
mentioned in the constitution which guarantees them, and second, these
are justiciable, i.e. enforceable in nature means enforceable through
courts. In case of their violation, the individual can approach the courts for
their protection. If a gov ernment enacts a law that restricts any of these
rights, it will be declared invalid by courts. The constitution guarantees six
fundamental rights to Indian citizens as follows: (i) right to equality, (ii)
right to freedom, (iii) right against exploitation , (iv) right to freedom of
religion, (v) cultural and educational rights, and (vi) right to constitutional
remedies. While these fundamental rights are universal, the constitution
provides for some exceptions and restrictions.
6.3 FUNDAMENTAL RIGHTS - OVE RVIEW
The Constitution guarantees six fundamental rights to Indian citizens as
follows:
(a) Right to Equality : The Right to equality includes equality before the
law and the equal protection of laws (article 14), prohibition of
discrimination on ground s of religion, race, caste, sex, or place of birth
(article 15), equality of opportunity in matters of public employment
(article 16), and the abolition of untouchability and the system of titles
(article 17 and 18). The purpose of this right is to establ ish the rule of law
where all the citizens should be treated equally before the law.
(i) Equality before Law: The constitution guarantees that all citizens will
be equal before the law. Everyone will be equally protected by the laws of
the country. No pe rson is above law. Law will act without any
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67 (ii) No Discrimination on the basis of Religion, Race, Caste, Sex, or
Place of Birth: The state cannot discriminate against a citizen on the basis
of religion, race, caste, sex, or place of birt h. For social equality, every
citizen of India has equal access to shops, restaurants, places of public
entertainment, or the use of wells, tanks, or roads without any
discrimination.
(iii) Equality of Opportunity to all Citizens in a matter of Public
Employment: The state cannot discriminate against anyone in the matter
of public employment. All citizens can apply and become employees of
the state. Merits and qualifications will be the basis of employment.
However, there are special provision for the res ervation of posts for
citizens belonging to Scheduled Castes, Scheduled Tribes, and Other
Backward Classes (OBCs).
(iv) Abolition of Untouchability : Practising untouchability in any form
has been made a punishable offense under the law.
(v) Abolition of Titles: All the British titles like Sir (Knighthood) or Rai
Bahadur which were given to the British loyalists during the British rule,
have been abolished because they created distinctions of artificial nature.
However, the President of India can confer c ivil and military awards to
those who have rendered meritorious service to the nation in different
fields.
Check your progress
1. Can you name any three civil and military awards?
2. Explain state definition under article 12.
(b) Right to Freedom: The right to freedom includes the right to
protection of life and personal liberty (article 21) and the right to freedom
of speech and expression, assembly, association or union, movement and
to reside and settle in any part of India and the right to practice any
profession or occupation (article 19).
Freedom is the most cherished desire of every living being. The
Constitution of India provides the Right to Freedom to all its citizens. This
right comes under Articles 19 -22.
Article 19 of the constitution provides for the following six freedoms:
(a) Freedom of speech and expression
(b) Freedom to assemble peacefully and without arms
© Freedom to form sssociations and unions
(d) Freedom to move freely throughout the territory of India
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68 (f) Freedom to practice any profession or to carry on any occupation,
trade, or business
The purpose of providing these freedoms is to build and maintain an
environment for the proper functioning of democracy.
Article 19 contai ned seven rights. But, the right to acquire, hold and
dispose of the property was deleted by the 44th Amendment Act of 1978.
The six rights are protected against only state action and not private
individuals. Moreover, these rights are available only to th e citizens and to
shareholders of a company but not to foreigners or legal persons like
companies or corporations, etc. The state can impose ‘reasonable’
restrictions on the enjoyment of these six rights only on the grounds
mentioned in Article 19 itself a nd not on any other grounds.
Article 20 of the Constitution provides for the protection in respect of
conviction for offenses. It grants protection against arbitrary and excessive
punishment to an accused person, whether a citizen or foreigner or legal
people like a company or a corporation. It contains three provisions in that
direction:
(a) No ex -post-facto law: No person shall be (i) convicted of any offense
except for violation of a law in force at the time of the commission of the
act, nor (ii) subj ected to a penalty greater than that prescribed by the law
in force at the time of the commission of the act.
(b) No double jeopardy: No person shall be prosecuted and punished for
the same offense more than once.
(c) No self -incrimination: No person accus ed of any offense shall be
compelled to be a witness against himself.
Article 21 declares that no person shall be deprived of his life or personal
liberty except according to the procedure established by law. This right is
available to both citizens and n on-citizens.
The right to life and personal liberty of a person can be deprived by law
provided the procedure prescribed by that law is reasonable, fair, and just.
the protection under Article 21 should be available not only against
arbitrary executive act ion but also against arbitrary legislative action. The
‘right to life' as embodied in Article 21 is not merely confined to animal
existence or survival but it includes within its ambit the right to live with
human dignity and all those aspects of life whic h go to make a man's life
meaningful, complete and worth living.
Article 21 A declares that the state shall provide free and compulsory
education to all children of the age of six to fourteen years in such a
manner as the state may determine. This provis ion was added by the 86th
Constitutional Amendment Act of 2002. This amendment is a major
milestone in the country’s aim to achieve ‘Education for All’.
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69 The Supreme Court has declared the following rights as part of
Article 21
▪ Right to live with human d ignity
▪ Right to the decent environment including pollution -free water and air
and protection against hazardous industries
▪ Right to livelihood
▪ Right to privacy
▪ Right to shelter
▪ Right to health
▪ Right to free education up to 14 years of age
▪ Right to free lega l aid
▪ Right against solitary confinement
▪ Right to a speedy trial
▪ Right against handcuffing
▪ Right against inhuman treatment
▪ Right against delayed execution
▪ Right to travel abroad
▪ Right against bonded labor
▪ Right against custodial harassment
▪ Right to emergen cy medical aid
▪ Right to timely medical treatment in government hospitals
▪ Right not to be driven out of a state
▪ Right to a fair trial
▪ Right of a prisoner to have necessities of life
▪ Right of women to be treated with decency and dignity
▪ Right against public hanging
▪ Right to hearing
▪ Right to information
▪ Right to reputation
▪ Right of appeal from a judgment of conviction
▪ Right to social security and protection of the family
▪ Right to social and economic justice and empowerment
▪ Right against bar fetters

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70 Check you r Progress
1. Explain Gopalan Case and Maneka Gandhi case for article 21
Article 22 says that whenever a person is arrested, he or she should be
informed, as soon as it is possible, of the grounds for arrest and should be
allowed to consult and to be defende d by a legal practitioner of his or her
choice. Moreover, the arrested person must be produced before the nearest
magistrate within 24 hours of such an arrest except for a person who has
been arrested under preventive detention law.
(c) Right Against E xploitation: The right against exploitation,
prohibiting all forms of forced labour, child labour and traffic in human
beings (articles 23 and 24).
Constitution makes provisions against exploitation. The citizens have
been guaranteed the right against exp loitation through Articles 23 and 24
of the Constitution.
Prohibition of traffic in human beings and forced labour: Traffic in human
beings and beggars and other similar forms of forced labour are prohibited
and any breach of this provision shall be an of fense punishable in
accordance with law Prohibition of employment of children in factories,
etc.
As the constitution provides, no child below the age of fourteen years shall
be employed to work in any factory or mine or engaged in any other
hazardous emplo yment. This right aims at eliminating one of the most
serious problems, child labour, that India has been facing for ages.
(d) Right to Freedom of Religion: The right to freedom of conscience
and free profession, practice, and propagation of religion ( article 25 to 28).
India is a multi -religion country, where Hindus, Muslims, Sikhs,
Christians, and many other communities live together. The preamble
describes our Republic inter alia as secular. The concept of secularism in
the constitution is not anti -religion. It only means that the state has no
religion. However, it allows full freedom to all the citizens to have faith in
any religion and to worship, the way they like provided that this should
not interfere with the religious beliefs and ways of worshi p of other fellow
beings.
Freedom of conscience and religion
All persons are equally entitled to freedom of conscience and the right to
profess, practice, and propagate religion freely. This right to religious
freedom is, however subject to i) public or der, ii) morality iii) health and
iv) other fundamental rights. The constitution provides the right to
freedom of religion and one cannot force another person to convert others'
religious identity by force or allurement. In the Stanislaus v State of M.P
(AIR 1977 SC908) case, the Supreme court has held that the right to
propagate religion does not include any right to forcible conversion as
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71 constitution does not support inhuman, illegal, a nd superstitious practices.
The law regarding public order, morality, and health cannot be violated in
the name of freedom of religion.
Freedom to manage religious affairs
Article 26 says the freedom to establish and maintain institutions for
religious and charitable purposes, to manage their own affairs in matters of
religion, and to own and acquire and administer property. The
administration of property has to be according to law. Article 26 is also
subject to public order, morality, and health but not subject to other
fundamental rights.
Read the following cases for a better understanding of the right to
freedom of conscience and free profession, practice, and propagation
of religion
1. Jagdishwaranand v. Police Commissioner, AIR 1984 SC 51.
2. Mohd. Hanif Quareshi v. State of Bihar, AIR 1958 SC 731.
3. TMA Pai case, AIR 2003 SC 355.
4. Ratilal v State of Bombay, (1954) SCR 1055; Ramanuja v. the State of
Tamilnadu, AIR 1972 SC 1586; Commissioner, HRE v. Lakshminira
(1954) SCR 1005; D igyadarshan v. State of Andhra Pradesh, AIR 1970
SC 181.
Freedom Not to Pay Taxes for Religious Promotion
Article 27 says that no person shall be compelled to pay any taxes for
expenses on promotion or maintenance of any particular religion. If the
taxes were used for the promotion of all religions there could be no
objection.
Freedom Not to Attend Religious Instruction
Article 28 restrains any religious instruction being imparted in educational
institutions wholly maintained by state funds. In the cas e of other
institutions recognised and aided by the state, there will be freedom for
every person not to participate in religious instruction or worship.
(e) Cultural and Educational Rights: The right of minorities to
conserve their culture, language, a nd script and to establish and administer
educational institutions of their choice. (articles 29 and 30)
Protection of Interests of Minorities
Article 29 guarantees to "every section of the citizens" residing anywhere
in India and "having a distinct langu age, script or culture" the right to
conserve the same. No citizen can be denied admission to any educational
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72 Democracy is a rule of the majority. But the m inorities are also equally
important for their successful working. Therefore, the protection of the
language, culture, and religion of the minorities becomes essential so that
the minorities may not feel neglected or undermined.
Article 30(1) says all min orities whether based on religion or
language, have the right to establish and administer educational
institutions of their choice . Article 30 is strictly in the nature of a
minority right, i.e. one intended to protect the rights of minorities. Clause
1(A) added by the 44th Amendment, in effect provides that if the property
of any such institution is acquired, the compensation paid would be proper
and adequate so that the right given by the article remains meaningful.
Clause 2 provides that in the matter of giving aid, the state shall not
discriminate against minority -managed institutions. The right of minorities
under this article to 'establish and administer' educational institutions of
their choice includes the right to choose the medium of instruction.
(f) Right to Constitutional Remedies: The right to constitutional
remedies for the enforcement of all these fundamental rights (article 32).
Characteristics of article 32
 Right to remedies for the enforcement of the fundamental rights
 Right to get funda mental rights protected
 Right to move the Supreme Court for enforcement of the fundamental
rights
 The SC shall have the power to issue direction or orders or writs for
the enforcement of any fundamental rights;
Types of Writs -
1. Habeas corpus
Under the habeas corpus an order issued by the court to a person who has
detained another person; individual liberty against arbitrary detention. It
Can be issued against both public authorities and private.
2. Habeas corpus
It is issued by the court to a public official asking him to perform the
official duties that he has failed or refused. This writ cannot issue against a
private entity.
3. Prohibition
Prohibition is issued by a higher court to a lower court or tribunal to
prevent from exceedin g its jurisdiction.

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73 4. Certiorari
It is issued against lack or excess of jurisdiction or error of law by a higher
court to a lower court or tribunal, either to transfer a case pending or to
squash the order issued.
5. Quo Warranto
It is issued by the court to enquire into the legality of the claim of a person
to a public office.
Writs scope –
 Supreme Court can issue writs only in enforcement of fundamental
rights whereas High Cour t can issue in fundamental rights as well as
another purpose
 Supreme Court can issue throughout the territory of India; High Court
can issue only in its jurisdiction
 Supreme Court cannot refuse to exercise its writ but High Court can
6.4 FEATURES OF FUN DAMENTAL RIGHTS
The fundamental rights guaranteed by the constitution are characterised by
the various features and bound by duties and obligations. They have met
with wide and varied criticism.
▪ Some of them are available only to the citizens while others are
available to all persons whether citizens, foreigners, or legal persons
like corporations or companies.
▪ They are defended and guaranteed by the Supreme Court.
▪ They are not absolute but qualified. The state can impose reasonable
restrictions on them. However, whether such restrictions are reasonable
or not is to be decided by the courts.
▪ Most of them are available against the arbitrary action of the state, with
a few exceptions like those against the state’s action and against the
action of private i ndividuals.
▪ They are justiciable in nature and allow persons to move the courts for
their enforcement, if and when they are violated.
▪ Some of them are negative in character, that is, place limitations on the
authority of the state, while others are posit ive in nature, conferring
certain privileges on the persons.
▪ They are not sacrosanct or permanent. The Parliament can curtail or
repeal them but only by a constitutional amendment act and not by an
ordinary act. It is pertinent to note that this can be don e without
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74 ▪ They can be suspended during the operation of a national emergency
except for the rights guaranteed by Articles 20 and 21. Further, the six
rights guaranteed by Article 19 can be suspended onl y when an
emergency is declared on the grounds of war or external aggression.
Please note:
Article 33 empowers the Parliament to modify the application of
fundamental rights to the armed forces or forces charged with the
maintenance of public order, intel ligence personnel, etc. in the interest of
discharge of duties and maintenance of discipline. However, even when
the appellate jurisdiction of courts is excluded in cases of court -martial,
the writ jurisdiction remains (unless taken away by law under artic le 33)
and there have been several resorts to the remedy. Under article 34, the
Parliament may by law indemnify any person for anything done in
contravention of fundamental rights for maintenance of order during the
operation of martial law. Article 35 lay s down that the power to make laws
to give effect to certain specified fundamental rights shall vest only in the
Union Parliament and not in State Legislature.
6.5 LANDMARK CASES
▪ Kesavananda Bharati vs the State of Kerala
▪ Maneka Gandhi vs Union of Ind ia
▪ Justice K S Puttaswamy vs Union of India
▪ A K Gopalan vs the State of Madras
Check your progress
1. President can suspend the right to move any court for the enforcement
of fundamental rights during a national emergency. Do you know under
which article P resident can impose a national emergency?
2. Compare article 32 with article 226.
3. Make a list of fundamental rights available for citizens and non -
citizens.
6.6 SUMMARY
In conclusion, learning about people's rights and liberties under the Indian
Constitution is why studying basic rights in India is so important. All
people should be guaranteed the right to an adequate standard of living,
including freedom from want and safety from abuse and prejudice. A more
just and equitable society may be achieved via the study of basic rights,
which also empowers citizens to bring the government to account for any
abuses. Further, a more dynamic and inclusive democracy might result
from increased civic involvement and participation thanks to a deeper
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75 India is crucial to building a society that respects and promotes the ideals
of equity, fairness, and inclusion.
6.7 QUESTIONS
1. What do you mean by fundamental rights?
2. Discuss the freedom to manage religious aff airs
3. What are the fundamental rights available to citizens?
6.8 REFERENCE
▪ Our constitution by Subhash C. Kashyap
▪ Indian Polity by M Laxmikanth
▪ Constitution of India by V. N. Shukla

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INDIA’S CRIMINAL JUSTICE SYSTEM
Unit Structure
7.0 Objective s
7.1 Introduction
7.2 Purpose of t he Criminal Justice System
7.3 Evolution of t he Criminal Justice System
7.4 Components of t he Criminal Justice System
7.5 The Police System
7.6 Summary
7.7 Qu estions
7.8 References
7.0 OBJECTIVE S
● Explain what the Criminal Justice System is all about.
● Look at how the Criminal Justice System has changed over time.
● Know the main goal of the Criminal System;
● Describe the main parts of the Criminal Justice System;
● and talk about how the parts work together.
7.1 INTRODUCTION
The Criminal Justice System is a tool that the government uses to make
sure that people who are under their authority follow the rules of the law.
Since time immemorial, people in civilised soc iety have come up with a
variety of ways to punish people for crimes. This is the main way the
Criminal Justice System tries to meet its goals. Major parts of the Criminal
Justice System are the police, prosecutor, judge, and prisons, which are
now known a s "correctional institutions" because of the new Correctional
Philosophy.
The Prosecution and Defense Counsel subsystems of the CJS have stayed
behind and aren't as well -known as other parts of the CJS. Furthermore,
the Probation and Parole subsystems and other people who work in the
Criminal Justice System play a very important role. When one part or
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77 segments that are done as well. People who work for the police are at the
start of what we call the formal CJS.
Every time there is a crime, the CJS gets the raw facts about it from either
the police or a magistrate. (Section190). As soon as someone reports or
says something bad, the executive (the police) gets to work. They can get
the best evidence, talk to witnesses, arrest and search and seize things, and
so on. Arresting someone means giving them the power to stay and get
bail in every case where the investigation goes well and leads to a positive
charges heat (Section 173) or a negative report for the prosecution.
7.2 PURPOSE OF THE CRIMINAL JUSTICE SYSTEM
To be clear, only a small number of crimes are reported to the police, and
only a small number of crimes that were reported to the police end up in
court. Finally, only a very small num ber of cases that go to trial in the
court of law come to a good end. People lose faith in the criminal justice
system because there are too many delays in getting the cases settled,
which puts a lot of pressure on the system.
The main goal of the Criminal Justice System is to protect the people and
their property and bring the people who break the law to justice. In other
words, the main goal of the Criminal Justice System is to make sure both
the criminal and the victim get what they deserve. Every societ y wants to
be orderly, peaceful, and just, but there are people in every society who
make law and order problems.
The credibility of the Criminal Justice System is very important to the
quality of a civil society. A CJS that claims to have a high arrest ra te and a
high concrete rate may not be ideal if it has a low credibility rate in the
eyes of the general public.
7.3 EVOLUTION OF THE CRIMINAL JUSTICE
SYSTEM
Right from the start, humans have come up with a variety of ways and
methods to keep society safe and stop people from becoming criminals.
The way to stop people from being bad varies from society to society and
from time to time in the same society. However, the main part of the
mechanism is the process of being arrested, going to court, and getting
punished.
The way people are arrested, tried, and punished changes a lot with the
rise of civilization, as well as the social, economic, and political conditions
that existed at different times in history.
People who study penal law say that it has gone thr ough three main stages:
the first is strict liability, and the second is moral wickedness or a guilty
mind. The concept of moral wickedness was added to by the test of being
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78 The Criminal Justice System has a long history. During the 12th Century,
the Crown in England took over the administration of justice, and the
compensation was to be paid to the Crown rather than to the person who
was hurt. However, no formal methods were used. Before the 18th
Century, the Criminal Just ice System used informal methods and didn't
follow the law that was not written down. It is a fact of history that some
formalised legal codes and state -managed procedures can be traced back
to the ancient era. They outline how the Criminal Justice System works.
King Hammurabi of Babylon came up with a set of rules called the Code
of Hammurabi in the 18th century BC. It was the first known set of rules.
This code was made to control a wide range of human activities.
Dwivedi (2004) says that in ancient India , the law of dharma, which is
found in the Vedas, was the most important thing. This is because the law
of dharma was thought to be the most important thing in ancient India.
The king had the power to punish the person who did something bad.
History: The K ing started making laws and regulations as the society
progressed, taking into account local customs and practises. The ancient
Hindu law didn't make a clear distinction between crime and civil
wrongdoing, but this changed as the society progressed. The ch anges in
the system took a long time, but they were still very small and steady.
After the Muslims took over the country, Muslim law was brought in, and
Indian courts used Muslim criminal law when they did their job. He said
that the main source of Muslim criminal law was from the holy Quran and
Hadis. The Qazis were in charge of explaining and explaining the laws.
Crimes against God, like adultery and drunkenness, were broken down
into crimes against man, like killing or robbing. When people did things
against God, they did them in front of other people and they were
punished by their community. The crimes against man were seen as
private and punishable, but the victim or the victim's next kin played a big
role in the nature and amount of punishment. Paymen t of blood money
could close the case.
People were punished with Qisas, Diyut, Hadd, and Tazer and Siyasa,
which are all types of retaliation (discretionary and exemplary
punishment). Before the East India Company took over the administration
of justice, t here were a lot of problems with how things were done in
general.
A group of three provinces in India called Nizamat was bought by the East
India Company in 1765. This group was made up of Bengal, Bihar and
Orissa. The Company, in order to do justice, kept things the same at first,
but changes were made on a regular and gradual basis. Changes were
made to the way people were tried and the punishments they received.
Warren Hastings was the first person to try to change the nature of
punishments. Lord Cornwal is then made a lot of changes to the
substantive criminal law. One law at a time, each Presidency had its own
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79 When all the Presidencies were brought under common rule, ther e were
differences in the rules and regulations. It was decided that piecemeal
reforms would not work, so the Charter of 1833 was passed. This law
created the All -India Legislature, the Office of the Law Member in the
Council of the Governor General, and t he Law Commission.
One of the first law commissions was set up in 1834, with Lord Macauley
as its head. People in the Legislative Council have seen a draught report
from the Commission. The Legislative Council approved of it and sent it
to the Governor Gen eral for his OK. There was a new draught of the Penal
Code that was approved by the Governor General. It came into effect on
January 1, 1862.
There are four main parts to the law: the Penal Code defines crimes and
criminal behaviour, the Criminal Procedure lays out how the crimes will
be tried, and the Law of Evidence deals with evidence. The Constitution,
along with other important issues, deals with the rights and duties of both
the State and its subjects. There are a lot of other laws that define offence s,
give people rights and responsibilities, and set out how to deal with
specific offences. Further, courts have also played a role in interpreting the
law. When judges have been more active, the criminal system has grown a
lot more.
Check your Progress
1) Discuss the evolution of the criminal justice system
2) How should one look at the criminal justice system?
3) Why is there a need for criminal justice system ?
7.4 COMPONENTS OF THE CRIMINAL JUSTICE
SYSTEM
In general, the Criminal Justice System is in charge of "p reventing and
controlling crime." This includes arresting, putting someone in jail or
prison, and then getting them out and getting them back on their feet. They
are set down by the legislature in the form of law. The main parts of the
Criminal Justice Sys tem are the Police, the Judiciary, and the Correctional
Institutions. A big part of the Criminal Justice System is also the
legislature. All laws come from there, and that's where they start to be
written and passed. Those who are in charge of making the r ules are called
judges. The police are in charge of making them happen. The parts of the
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7.5 THE POLICE SYSTEM
The word "police" comes from the Greek word "polis," which means the
State. This might be because they show how powerful the state is. They
say that the role and function of the police in a country are determined by
how the State is set up. During the uprisings of 1857, the British, who
were well -versed in justice , made a lot of changes in the way the police
were run. During British India, there was a police act that was passed in
1861. This law set up a regular police system.
When it comes to criminal justice, police have the most unpleasant job.
There is more to the Criminal Justice System than just getting in. The
Police are at the cutting edge of everything else in it. It's very important
for the people and the government to have a visible link like the police.
The government's authority is put into action by th em, and they also face
any kind of resistance that no one else does, except the police. Isn't it true
that all of the parts of the Criminal Justice System work together?
Prosecutors, police, the courts, and so on all work together. What happens
in one part of the system affects the other parts. The police are an
important part of the whole system. Sociologists agree that when people
are in a social position, they aren't just acting in their own unique ways.
Instead, they are acting in the bundles of sociall y defined attributes and
expectations that come with that position. The police are in a very
important place when it comes to social control. They are probably only as
important as the family and other personal groups.
The British set up the modern police force in India. It was hard to change
the law about police work in the country even after it became independent.
The Indian Police Act, 1861, was passed by the British in India. The
country has uniform police. Under the Act, the police can do certain thing s
and have certain powers. Further, the Criminal Procedure Code, which has
been changed from time to time, gives the police a lot of power, including
the power to investigate the crimes, arrest, search, and seize things.
The police have to act in a certain way as a group, even if they don't like it
or their families don't like it, even if it means sacrificing their own
feelings. Today, the job of the police is more than just to keep law and
order. People who work for the police often have an impact on their
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81 families' socioeconomic and psychological well -being because of their job
or how they work.
In the Criminal Justice System, the police are at the start. They're
supposed to do everything from gathering evidence from the scene of the
crime to questioning w itnesses and recording confessions and statements
before they go to court.
Magistrate arrest, search, and seizure, as well as keeping law and order,
are all things that the police do, so the whole fire is on them. The Indian
Police Act, which is the main l aw that governs how the police work, has
been in place for a long time now. The Code of Criminal Procedure 1973
has kept the basic structure of the old rules and has a procedural system.
The police officer in charge Staton, the head of the local government , still
has a lot of power under the criminal procedure law, which can conflict
with democratic values. To keep law and order, the powers in question are
about house searches, arrests on suspicion, and other things.
People say that the police are there to protect them, but in reality, the
people are afraid of the police and have bad feelings toward the police. In
fact, the public's view of the police is based on the abuses and excesses
that the police do on a daily basis. People who aren't very professional in
the Police Force are to blame for this. The Malimath Committee on
Criminal Justice Reform (2003) has a lot of faith in the police, which the
MCR says is the best way to fight crime, including terrorism.
When the people and the government work together, there is only one
person who can show that they work together. The police are the only ones
who can show that the government has power, and no one else can show
that the government can do anything but the police. They are important
because they help keep our complicated society together, so they are
important. They keep the citizen working and prospering inside the rules.
When a society doesn't have an organised police force, it doesn't work.
The police force that does exist needs to be well organised and effective. It
might not be possible to completely stop the criminals and make the crime
rate go up, so it might. People know that police in most parts of the world
haven't been able to stop all of the crime and delinquency.
The police are the most hated pa rt of any government, no matter what kind
of government it is. In India, the police aren't just a source of dislike but
also a source of hate. Nobody likes a policeman in England, says
Holcomb. In the U.S., cops are known as pigs. In most countries, police
are accused of being high -handed and inhumane, torturing suspects and
not doing their jobs well. There is a common belief that the police work
for the politicians because they have too much power.
No doubt, all the parts of the Criminal Justice System, li ke the police,
prosecution, courts, and prisons, are connected to each other. What
happens in one part of the system has a direct effect on the other parts of
the system, too. Every part of the Criminal Justice System needs to work
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82 been found that there is very little effective and proper coordination
between the different parts. This usually works in the favour of the
offender. The criminal justice system needs to work together in a way that
is both efficient and correct in order for it to work smoothly.
Check your Progress
1) What are the components of criminal justice system
2) Discuss the importance of the police system
7.6 SUMMARY
The study of the criminal justice system in India is si gnificant because it
enables individuals to comprehend how the justice system operates in
India, the laws that regulate illicit behaviour, and the procedures and
institutions involved in the process. Individuals can defend themselves
from unfair treatment, navigate the legal system more effectively, and hold
law enforcement and judicial authorities accountable for abuses of power
if they have a thorough comprehension of the Indian criminal justice
system.
The study of the criminal justice system also revea ls the social and
economic factors that contribute to illicit behaviour and the means by
which the system can be reformed to better serve the requirements of
society. It can help identify gaps and inefficiencies in the system and
highlight areas where reso urces and reforms are required to ensure that all
individuals' rights are protected and justice is served.
Moreover, the criminal justice system is an essential pillar of a democratic
society, and researching it can help individuals engage in substantive
dialogues and debates about justice and human rights. By researching the
criminal justice system in India, individuals can become knowledgeable
and engaged in the democratic process, thereby fostering social justice and
equality for all. Overall, the study of India's criminal justice system is
essential for constructing a fair, just, and equitable society that upholds the
rule of law and safeguards the rights of all its citizens.
7.7 QUESTIONS
1. Briefly describe the evolution of the criminal justice system.
2. What are the fundamental functions of the criminal justice system?
3. What are the various elements of the criminal justice system?
4. What are the primary responsibilities of the police?


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83 7.7 REFERENCES :
 Coffery; A.R. (1974), Administration of Criminal Justice :- A Management’s
System Approach
 Cohn and Udolf; R.(1979), The Criminal Justice System and Its Psychology
David; M (1967), Jurisprudence
 Dwivedi; Jawhar Lal, Evolution of Criminal Justice Administration in India
 Gardiner; J.A. (1975), Crime and Justice .
 Iyer; V.R.K. (91980) Perspective of Criminology: Law and Social Change.
Joel Samaha; (1988), Criminal Justice.
 Johnson; E.H. (1978), Crime, Correction and Society
 Mehrajuddin; (1980), Criminal Justice System: Crime, Police and Correction,
The Academy Law Review. Vol. IV Nos. 1&2.
 Mehrajuddin; (1981), Criminal and Correctional, Civil and Military Law
Journal Vo. 17, No.1.
 Mehrajuddin; (1981), The Administration of Criminal Justice System.
Srinagar Law Journal, Vol. III,
 Mehrajuddin; (1984), Crime and Criminal Justice System in India.
 Mehrajuddin (Jul 1984), Community Participation in Social Defence. Indian
journal of Criminology. Vol. 12 No.2.
 Mehrajuddin; (1988) Criminal Effects of the Penal Institutions: A Critical
Analysis Applied Criminology, Bon n, Germany

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84
8
CRIME, PUNISHMENT, REFORM,
AND IPC
Unit Structure
8.0 Objectives
8.1 Introduction
8.2 History
8.3 Crime
8.4 Punishment
8.5 Reform
8.6 Summary
8.7 Questions
8.8 References
8.0 OBJECTIVES
Punishment and reform can assist people compr ehend the criminal justice
system and how criminals are punished and rehabilitated. This might
involve assessing the efficiency of various sanctions, such as jail, fines,
and community service, in decreasing crime and improving social justice.
Learning the IPC can help people comprehend Indian criminal laws. This
can assist criminal defendants grasp their legal rights and duties and
navigate the court system. Finally, studying crime, punishment, reform,
and IPC may help people think critically and analyse c omplicated societal
issues.
8.1 INTRODUCTION
The Indian Penal Code (IPC) has been in place since before independence.
The law covers various types of crimes and punishments. It has been
amended from time to time. The law still needs to be improved and
modernised. Various changes have been suggested in the law by various
governments and legislators. It is often alleged that some of the provisions
of the law date back to the 18th and 19th centuries. The nature of crime is
also changing regularly. Constitutin g the penal code to curb crimes is the
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85 In this unit, we will see the history of the IPC, and how it was established
in India? What are crimes and Punishments? What reforms do we need to
update the IPC?
8.2 HISTORY
The first draf t of the IPC was introduced by the Law Commissioner, Lord
Macaulay. The draft was presented to the Governor -General around 1937.
But many changes were suggested by officials and law experts.
Suggestions of various officials were included and it was placed in the
Legislative Council in 1856. The uprising of 1857 delayed its passage, and
finally, on January 1, 1862, the IPC came into force.
The law has been amended from time to time. Various changes have been
suggested in the law by various governments and le gislators. It is often
alleged that some of the provisions of the law date back to the 18th and
19th centuries. The nature of crime is also changing regularly. The number
of financial and technology -based crimes has increased. A number of
committees have b een set up to ensure that the nature of the law is made
up-to-date.
IPC has been amended more than 75 times. Recommendation from the
42nd report of the law commission in 1971 is said to be an exclusive
recommendation made by any commission. However, it has still not been
adopted totally. Out of 75 amendments, the criminal law amendments of
2013 and 2018 were the major amendments so far. Anti-dowry and rape
laws were seen as significant amendments in recent times.
Following are the details of the Indian pena l code.
Section Description
1-5 Preamble
6-52A General explanations
53-75 Punishments
76-106 General Exceptions
107-120 Abetment
120 A - 120 B Criminal Conspiracy
121-130 Offense against the state
131-140 Offence relating to the Army, Navy and Air F orce
141-160 Offense against Public Tranquillity
161-171 Offense related to Public Servants
171 A -171 I Offence related to Elections
172-190 Contempt of the Lawful Authority of Public
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86 191 -229A Fl evidence and offense against Public Justice
230-263 A Offence relating to coin and government stamps
264-267 Offence relating to weights and measures
268- 295A Offense affecting the public health, safety,
convenience, decency, and morals
296-298 Offence related to religion
299-311 Offence relat ed to Human Body
312-318 Of the causing Miscarriage, injuries to unborn
children, the exposure of infants, and of the
concealment of Births
310-338 Hurt
339-348 Wrongful restraint and confinement
349-358 Criminal Force and Assault
359-374 Kidnapping, Abduction, Slavery, Forced Labour
275-376 E Sexual Offence
377 Unnatural offenses
378 – 462 Offense against Property
463 -489E Offense relating to documents and property marks
490-492 Criminal breach of contracts of service
493-498 Offense related to Marriage
498 A Cruelty by Husband and relatives of the husband
499-502 Defamation
503 -510 Criminal intimidation, Insult and Annoyance
511 Attempt od commit offenses
Check your Progress
1. Explain the offenses related to Human Body
2. Why did the British government establish the Indian Penal code. Write
down 3 reasons.
8.3 CRIME
Introduction
According to Blackstone, a crime is an act committed or omitted, in
violation of a public law eith er forbidding or commanding it. It is an act of
an individual or group which harmful to society at large and against its
fundamental interest. Crime is treated as the wrong things, events, or
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87 to punish criminals. Crimes are committed knowingly or unknowingly and
the judiciary has the power to decide their authenticity. Although the
government and the judiciary are two separate entities, it is the
government that makes the laws and the j udiciary that implements the
laws made by the government. Crime is not just a misdemeanour but a
form of behaviour that is bound to hurt society. Even if the crime was
committed for personal reasons between the perpetrator and the victim, it
is considered that the act is committed to harm society at large.
Crime basically follows the Latin maxim, “actus non facitreum nisi mens
sit rea” . It means the act does not amount to guilt; it must be accompanied
by a guilty mind. With the act of crime, the mind also n eeds to be guilty to
constitute a crime. Act and guilty mind have to be present in the crime.
Mere one of these would not be sufficient to constitute a crime.
Essential elements to constitute a crime
Actus reus
Actus reus is human conduct that the law does not permit or prohibit from
doing. The act (may be positive or negative) inflicts harm to any person or
group or property is a guilty act. It is the act or omission that comprises
the physical elements of a crime.
Mens Rea
Mens rea is the guilty mind whic h is required to commit any offense or
crime. It is the intention or knowledge to commit the wrongful act in the
conscious state of mind. To fulfil mens rea condition guilty mind,
conscious state of mind and voluntarily committing wrongful act are
necessar y.
8.4 PUNISHMENT
Punishments are necessary to curb the crime rate. The state can define
what is crime, but without punishment, it cannot create a safer atmosphere
in a society. There are various opinions in society about the nature of the
punishmentand wh ether it is necessary to give punishment for the crimes.
Many debates have been going on about the kinds of punishments.
In order to call a wrongful act a crime, it should not only be prohibited by
the law but should also be punishable by the state. The ma in objective of
criminal law is to curb crime by punishing the offenders.
Following are theories of punishment that determine the kind of
punishment to be given to the offender -
1. Deterrent Theory
The founder of this theory is Bentham.
It is based o n the thought of, if punishment is given to one offender, it will
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88 Punishment will create a sense of fear or guilt in the minds of others and
eventually prevent them from doing the same offense.
Unpunished c rime will open the path for evil motives to repeat the same
offense.
2. Retributive Theory
It is the oldest form of punishment where the thought of revenge and
retribution is considered.
The punishment should be given in an equal state to the loss or harm
caused by the wrongful doing.
Modern law experts are against this theory. However, it was practiced in
many parts of the world.
3. Preventive Theory
As the name suggests, this theory believes in preventing crimes rather than
taking revenge. In this theory, revenge is less important as prevention of
crime and protection of society is essential.
4. Reformative Theory
This theory focuses on reforming the offender rather than punishing him.
This theory is based on the rights of every human being. It is considered to
be the humane theory. In this theory, supporting the rehabilitation of
offenders and making them law -abiding citizens is followed.
Types of punishments in the Indian Penal Code -
Punishments are decided by the gravity of the offense. Grav er the offense,
the stricter the punishment. Determination of the quantum of punishment
is crucial and it is decided on intention, motive, harm caused, provocation,
etc.
Section 53 of the IPC provides the details about the punishments -
death sentence, lif e imprisonment, imprisonment, forfeiture of property,
and fine are the main types of punishments.
The death sentence is awarded only for a few offenses and in the rarest of
rare cases. Currently, many countries are of the opinion of abolishing the
death se ntence punishment. It is known in India as capital punishment. In
life imprisonment wrongdoer is sentenced to rigorous imprisonment till
the last breath. Imprisonment may be simple or rigorous.
Check your Progress
1. Difference between compensation and fine
2. Explain the Latin maxim Actus Dei NeminiInjuriam
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89 8.5 REFORM
The nature of any law should be dynamic. It should evolve with time.
Therefore, we have so many amendments to various laws we practice. We
have witnessed many amendments in our constitution p rovided that the
basic structure remains the same. When we make laws for society, it needs
to be in tune with changing social policies. The law should be framed by
incorporating the method of crime, the nature of punishment, and the new
social structure.
Following reforms are being discussed on various platforms -
1. During the colonial rule, to suppress the freedom movement, the British
introduced Sedition law under section 124 A. It is still practiced and today
we do not have any uprising movements agains t the political power. We
are following the wrong practice of using the sedition law against people
who criticise the government.
2. Criminal law amendments of 2013 gave us a broader perspective on
the case of rape crime. It also provides relief to the victim. But we still do
not recognise men, hijras, and boys as the victims of rape and only
consider women as victims of rape. So gender -neutral law is a need of the
hour.
3. Punishments provided in chapter III of the code are mere
punishments. IPC does not mention any community service or criminal
reform punishment. In modern times the idea of human rights and giving
equal opportunity to every person is rising. Criminals are also part of
society and we cannot exclude them. We can definitely inculcate
community service and criminal reform punishment in smaller offenses.
4. Lack of clear definition in the code is another drawback. E.g. the
word obscene is used in section 294 but it is not defined anywhere in the
code. So, it is open for interpretation at the discretion of the court.
5. Vagueness can be cut down by giving a proper and meaningful
explanation. For example, the distinction between culpable homicide and
murder is criticised as the weakest link in the IPC. It is because the
definition o f culpable homicide is defined, but homicide is not defined.
So, in a way, the IPC should inculcate various reforms that solve modern
social issues with help of the code. Constructing new offenses with
restructurings of the current offenses with restorativ e punishments can be
brought into this reform fold.
Check your Progress
1. Sedition law was in the news in recent times. Can you find the reason
and current status?
2. What is the difference between IPC and CrPC?
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90 8.6 SUMMARY
In conclusion, it is e ssential to study Crime, Punishment, reform, and IPC
in order to gain a comprehensive understanding of criminal behaviour, the
legal system, and the means by which society can prevent and address
crime. It explores the underlying causes of criminal behavio ur, the various
methods used to punish and rehabilitate offenders, and the laws and
regulations that govern criminal behaviour in India.
Moreover, studying these subjects can foster critical thinking and analysis,
enabling individuals to engage in informed and fruitful discussions and
debates about justice, human rights, and the criminal justice system's role
in promoting social justice and equality. It can also assist individuals in
becoming knowledgeable and engaged participants in the democratic
process, advocating for reforms and policies that better serve the needs of
society.
8.7 QUESTIONS
1. What are the key distinctions between the IPC and the CrPC?
2. What do you mean by reform?
3. Discuss Preventive Theory
8.8 REFERENCES
 Crime and Justice in India. (2013). India: SAGE Publications.
 Wright, B. (2016). Codification, Macaulay and the Indian Penal Code:
The Legacies and Modern Challenges of Criminal Law Reform. (n.p.):
Taylor & Francis.
 Capital Punishment in India. (2016). Ind ia: Adhyayan Publishers &
Distributors.

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91 9
GLOBAL JOURNALISM ETHICS
Unit Structure
9.0 Objective s
9.1 Introduction
9.2 Code of ethics for media
9.3 Being ethical in print media
9.4 Ethical norms
9.5 Freedom of press and right of policy
9.6 Remedial measures for maladies in mass media
9.7 Social responsibility and the media
9.8 Ethics in producing and screening movies
9.9 Media ethics: Practical application and solution
9.10 Summary
9.11 Questions
9.12 References
9.0 OBJECTIVE S
The unit talks about the nature, role, and important parts of media ethics.
In order to understand what media ethics are and how important they are,
one should first learn about them. Thus, this chapter with different
sections on media ethics is meant to show this point.
9.1 INTRODUCTION
There are a lot of things that peop le think, feel, and do based on what they
know and what images and feelings they have been exposed to. There are
a lot of ways we learn about what's going on right now: from the
newspaper, the radio, TV, and movies. The media also has a big impact on
how w e feel and think. There are people who not only report on current
events and history of the world, but they also help to make it happen. The
only way we can think about both domestic and world issues correctly and
clearly is if we have the right informatio n. There is a real risk that
everyone will be led astray by information that has been contaminated or
changed. The democratic way of life is dependent on the existence of free
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92 It is important to think about what is right or wrong, good or bad,
acceptable or not, about how the media collects and presents information
and news. Media ethics is all about this. It also talks about how to guide
and control the practical aspects of media with ethical principles in mind.
These principles are always debated by journalists and people who watch
them. They can also be disputed by journalists and people who watch
them, depending on the situation and the context. People who make and
watch media a lways have to think about how it affects the people who
watch or read(Melisande, 2009).
9.2 CODE OF ETHICS FOR MEDIA
Journalism used to be thought of as a separate thing from culture, but now
it's a part of culture itself, and culture has to deal with jour nalism. It is a
part of a theworld where journalism is the most important thing in the
world. There are a lot of rules that the media use to decide which people
will be known and how much. The book "Milan Kundera 1984" by this
author says that because of t he power of the media, it isn't overstretched if
we say that journalists make decisions for people every day. A person's
right to privacy is always at odds with the public's right to know the truth.
These decisions are made with the help of ethical decisio n-making tools,
like a formal Code of Ethics. Media ethics tries to make sure that no one
has a monopoly on the spread of information. It upholds pluralism instead
of the uniform gloss over media content that comes from authoritarian
regimes. This allows p eople to make their own decisions and increases the
level of truthfulness in reporting(Melisande, 2009).
In general, the codes below are meant to keep the media on the right track.
Responsibility: The right of a newspaper to draw and keep readers is
limit ed only by the public's well -being. A journalist who uses his power
for any reason that isn't good or honest is not trustworthy.
Freedom of the Press: Freedom of the press is very important to the
media. It is an unquestionable right to talk about anything that isn't
explicitly forbidden by law, including the wisdom of any law that restricts
what people can talk about.
Independence: Freedom from all obligations, except for a commitment to
the public good, is important. Media can build a good relationship wi th the
reader if it is sincere, truthful, and accurate.This means that news reports
and opinions should be free of any kind of bias.
It talks about fairplay, which is how private rights and public interest are
different from public curiosity. Second, the media have the right and the
duty to quickly and completely correct their own mistakes of fact.
9.3 BEING ETHICAL IN PRINT MEDIA
The main way that the news is spread each day is through the daily print
media. If you want more detailed information about the world and its
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93 world. It gives news or information about what's going on in the world
right now, along with an explanation and some thoughts about these
events.
Newspapers can "head line" some news or opinions and make them seem
very important, and they can also hide or omit certain things or make them
less important or not at all. They help businesses and other places sell
things by being a sales medium. They have a lot of different types of
entertainment, like comic strips and puzzles. They give a lot of different
information that is hard to put into one of the above categories.
The type of presentation in a certain media is based on how well the
correspondents, reporters, and edito rs are trained in ethics. The way a
media group sees things, as well as their beliefs about social, economic,
and political issues, affects how they show them. It is hard to say what
they are, but they play a big role in the way they write their reports.
Print media is criticised a lot from time to time. Today, there are three
main points people talk about in the newspaper. The press, even though it
claims to be an impartial source of news, is in fact a group of businesses
that are run to make money for t heir owners or shareholders.
As print media is linked to a business it is only interested in making
money, it is under a lot of financial pressure and is run by a small group.
Finally, it tries to meet their social, political, and economic needs. It is
said that newspapers are under even more pressure from big advertisers
and try to make them happy because they make a lot of money from them.
They may distort or slant the news in order to do this. Most newspapers
don't hide their political bias. When it com es to economic issues, the
majority of newspapers serve the interests of the most powerful groups.
In media ethics, it is important to act in the best interest of the public. In
Owens -words, "the mass media are supposed to keep the public informed
about wh at is going on in the government, which, in a way, keeps the
rulers in check." Also, the media should be reporting on and promoting
discussion of ideas, opinions, and truths as a way to improve society;
acting as a nation's "bulletin board" for information and mirroring society
and its people just the way they are, so that the heroes and the villains can
be found out. Owens -Ibie (1994)
In order to make the print media more consistent and serve everyone's
needs instead of just a few powerful and influential groups, some ethical
rules are stressed. To stop the information from being controlled by a few
people, law enforcement should be called in. As individuals, we should
read more and look at things that make us think twice about them. Both
public and privat e information and investigation bureaus should be built
up and helped.
We could start a few endowed newspapers that aren't for profit, with
different sections of the paper for different groups of people.
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94 9.4 ETHICAL NORMS FOR AUDIO -VISUAL MEDIA
Broadcasti ng is a relatively new thing in the modern world. The
development of radio and TV has been very fast, and now they have a lot
of power. Listening and seeing are the most important things in society.
There are some ethical issues that come up when people ar e broadcasting.
Having a lot of radio stations and being able to give them licences to do so
is still a job for the government to do.
This restriction and control of broadcasting can sometimes be used by
certain people to be coercive and manipulate others. They get to use the
airwaves or channels that other people don't get to use.
The regulative code is that it has to look out for the good of everyone.
Ethically, people who report the news should be truthful and objective.
Programs that deal with controver sial public issues are needed to show
both sides of issues without bias or a specific point of view. Children's
shows should be educational, not just fun. Basic human values like respect
for parents, law and order, cleanliness, high morals, fair play, and ethically
correct behaviour are shown in the pedagogical input that the teachers give
to the kids
The ethical codes for audio -visual media say things such as attacks on
religious feelings, profanity, obscenity, and vulgarity; extreme material
that might ma ke people feel bad are not allowed and should be avoided. .
Advertisements for hard liquor, fortune -telling, and occultism must be
kept out of the public eye. So far, there has been a lot of talk about crimes
like murder and rape in broadcasts, so it is in teresting to see what the
codes emphasise in those fields. The radio code says that broadcasters
should not show crime techniques and methods in a way that encourages
people to copy them or make them want to commit crimes. The TV code
asks people to respec t the sanctity of marriage and to make sure that illicit
sex is not seen as good.
It says this in a section called 'Responsibility toward children’.It says,
“Giving kids an idea of what the world is like is part of their education.
All of the bad things th at happen in the world are a part of life. A certain
amount of proper presentation of such points helps the child learn about
his/her social responsibilities." However, violence and illicit sex should
not be shown in a way that makes a child think they pla y a bigger role in
life. They should not be shown without signs of how they will be punished
and retributed. The TV code says that TV has the best programmes for
information, education, culture, and entertainment. It is a good way to
improve the educationa l and cultural effects of schools, universities, and
other places of higher learning. Whether we agree or not, programmes that
do well in these areas are good. On the other hand, a study of these
programmes has found that some parents complain there is too much
violence and not enough educational and religious programmes for their
kids. There was a study that found that children's programmes are full of
violence, either directly or through their influence. The health, character,
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95 hours a day watching TV. Others think these risks have been exaggerated,
and they blame parents who let their kids watch TV because it keeps them
busy and "out of trouble."
The government has tried to bring more co ntrols on radio broadcasting.
Broadcasting stations are licensed to serve the public, not to help people or
groups in their own private or group interests. Advertisers' benefits were
supposed to be only secondary and not important at all. The broadcasting
system was supposed to be a kind of "mouthpiece" for the community. It
was supposed to keep people up to date, start debates, and show music,
drama, and sports for the public to enjoy. The ethical standards of the
radio and TV industries seem to be the nor m in society. The industry tries
to follow the law in the area where they work. Idealistic thoughts are cut
short by the drive for money and a strong desire to do things that will lead
to this goal, even if the public isn't happy.
"Public interest is at th e heart of media ethics." This means that media
ethics emphasises how important the communications sector is in
influencing the formation of public opinion, as well as civil society
movements.
In a nutshell, the field of communication has a big say in how society
grows.
Check your Progress
1) What are the ethical norms for audio visual media
2) Discuss ethics in print media
3) What are the code of ethics of media?
9.5 FREEDOM OF PRESS AND RIGHT OF POLICY
Many journalists think that the public's right to know and th e need to
expose vice and corruption are more important than anything else. This is
what happened in India over the last few years. Most of the time, it turns
out to be more about people's privacy, which turns out to be a
"newsworthy" thing for themedia in its work. People who work in public
are at risk when their private lives become a subject of coverage for the
media. As the size and influence of the media grew, as well as the
development of new technology, the privacy of people became more
vulnerable. T his is known as the "information revolution."
Privacy is one of the most important freedoms that people have, and it is
important for both liberty and human dignity. Media says that people
should be able to keep their pesonal lives private because it is good for the
public. Not only do people worry about their own personal information
and the dangers of "surveillance society",they also worry about how they
will be treated as an individual and what will happen to them. It's more
than just making sure that your data or the confidentiality of any
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96 When the media uses personal information of people and facts about
events in people's lives, they have to be more careful. Eventhough there
are a lot of people who try to get a high profile and public recognition for
themselves or for a cause or philosophy they believe in by going public
with personal information, there aren't many of them. Sometimes, the
balance between an individual's right to privacy and the p ublic's right to
know can be a little out of whack. Moral issues and choices arise because
of it. Journalists believe that the public has a right to know. They think
that if officials are allowed to do their jobs in private, there could be
corruption and m iscarriages of justice. Is it possible to know everything?
There are times when the public's right to know is in the best interest of
the public. Does the term "the public interest" mean something good for
the public, or is it just something that people wa nt to know about? People
are always curious about private things, so does it make sense to 'print
everything you know' about other people? Is the public always curious or
are they often offended by the information or pictures that the media put in
front of them? Are the media out of step with the very people they say
they serve because they don't understand them?
These are the most significant problems in the ethics of the media.
Journalists routinely engage in activities of this nature, including the
exam ination of various questions prior to deciding whether or not to print
or broadcast an item. Is that the case? Is that correct? Is this a secondary
consideration? It is critical that a line be drawn between the right of the
public to access information and the right of individuals to maintain their
privacy says Gail Hulnick.
9.6 REMEDIAL MEASURES FOR MALADIES IN MASS
MEDIA
The problems in the media are bad because they affect everyone in
society, both directly and indirectly.
For example, some advertisement s about tobacco -related materials are
undoubtedly bad for people's health, especially for young people who will
be the future leaders of the country.
Advertisements for this type of product should not be shown on radio, TV,
or in the newspaper. In smoking related ads it is shown that freshness
comes from having that smoke.
When this type of message is put into the people’s thinking, they start to
believe in it. We would be able to take care of people in any society if we
didn't see these ads. To society, th e media must show right things, right
thought, correct guidelines and correct behaviour. This is what the media
must do for the public.
When facts need to be hidden, the media have a responsibility to do so.
News of sensitive communal riots and tension mi ght not be released if it
would lead to more riots and tensions in other parts of the world.
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97 certain community, state, religion, or country is not necessary. Equality
before the law mean s that the person who did something bad will be
punished without any kind of discrimination or preference.
News about how many people died in a road accident because they didn't
wear a helmet could be exaggerated to make people think about how to
protect t hemselves. If there is a lot of information to cover, the mass
media has to be very careful and work quickly without any pauses.
9.7 SOCIAL RESPONSIBILITY AND THE MEDIA
Media ethics is given a bigger role of social responsibility. The media has
a lot of r esponsibility when it comes to presenting the facts and news from
all over the world. One of these responsibilities is to the society it serves.
In situations where there are some controversies that are talked about
without thinking about what might happen next, the question of social
responsibility comes to the surface. Everyone has the right to get
information. When the information is shared with the media, each person
has their own point of view to share. Sometimes, when certain facts are
shown, they can have a negative effect. When it comes to social
responsibility,people should be very careful when they figure out how to
define social responsibility and how to control the parts of it. One can talk
about how the idea of social responsibility is based in a theory. Yet, the
real world of practical journalism may have problems with these
theoretical values being used. To make people understand social
responsibility in a more complete way is hard. Media laws should be
effective and have a chance to improve th e role of the media. During
Melisande's 2009 presentation, she said:
“In the media, accountability is often thought of as being able to produce
records like evidence to back up what has been said. He or she is
responsible for the consequences of what they report. In both an ethical
and legal sense, there is a lot of responsibility that comes with the job.
“The journalist is the one who is in charge of the act of reporting.”
The difference between accountability and responsibility: "Whereas
accountability is often referred to as the expression of claims to
responsibility, the latter is an acknowledged obligation for action or
behaviour in the context of roles and morals" (Plaisance, 2000).
Responsibility, in this sense, means having to look after, care for, a nd
protect one's audience. In social responsibility, the needs of the
community are given the most attention. There are a few rules for a free
and responsible press narrated by the Hutchins Commission or the
Commission on the Freedom of the Press. These pr inciples, even though
they are true, aren't very precise.
• a truthful, comprehensive, and intelligent account of the day's events in a
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98 • a picture of the people i n the society;
• the presentation and clarification of the goals and values of the society;
• full access to the day's intelligence.
In the public eye, the media have a responsibility to provide trustworthy
and relevant news and information. They also ne ed to give people from
different backgrounds a chance to be heard in the public debate.
All sides should be shown in a fair way and the public should be able to
make up their own minds about what to do.
9.8 ETHICS IN PRODUCING AND SCREENING
MOVIES
People i n India, where movies have a lot of power in society, use movies a
lot more than they use other media outlets. It's like the newspaper, the
radio, or the TV. Individual lives, social relationships, and the
relationships between countries can be good or bad because of it. It can
also be good or bad. Many studies have shown that movies have a big
impact on people, especially young people. Movies make people feel good
and let them be in a fantasy and daydreaming as well as be able to act out.
They help people think about what is right and wrong and shape their
desires and dreams. Early on, there were a lot of scandals in the movie
industry, and many people were unhappy with the movies they saw.
In the end, censorship came into being because of this. For movies, there
are rules that movie distributors and producers have to follow. While a
producer can't be forced to make movies that meet the code's rules, the
code has had a positive effect.
Putting rules about how people should act and how they should be
screene d is based on ethical principles. It eventually makes things better
and makes high -quality movies. Even though it may be said that
censorship limits the freedom of speech, the use of censorship in the film
industry has worked out well. Putting a stop to ob scene, lewd, or filthy
scenes and making it illegal to release any film that is immoral or obscene
has been good for society.
Motion pictures are on the list of things that could be banned from
interstate commerce or sent through the mails because of thei r moral or
sexual content. There has been a lot of negative feedback about the movie.
This is obviously a problem for the movie industry.
Also, the industry has made some changes to its code and adopted "an
advertising code." The industry has also taken st eps to clean house inside
itself and to make sure that everyone follows the rules of the code.
The code of the industry says that no picture should be made that will
make people less moral. Thus, the audience's sympathy will never be on
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99 right way to live, except for the needs of drama and entertainment, will be
shown. Natural or human law should not be mocked, and people should
not feel sorry for people who break it.
9.9 MEDIA ETH ICS: PRACTICAL APPLICATION AND
SOLUTION
Habermas's ideas about communication and discourse ethics have an
indirect effect on media ethics. Here, we talk about ethics in the public
space. Habermas tells us that we need to protect the public discourse and
its dialectics. A piece of communication is always a result of a group of
people talking together. Anyone who says something has to be held
accountable for how it makes people feel. Habermas's Discourse on ethics
in ‘Moral Consciousness and Communicative Act ion Is a good way to
make this point.
He borrows the universalisation principle from Kant's moral theory and
extends the concept of categorical imperative to include everyone who is
affected by a norm as participants (Hoenisch, 2000). Any communication
has both the speaker and the listener in it. The journalist who is talking is
inextricably linked to the people he is talking to. The basic principle of the
media's duty is to serve the public interest is this relationship.
Everyone in this world was born to be happy. When people don't have the
basic things they need, they tend to forget about their morals and how to
act in life. It would also not mean that the poor are bad people. This would
not be true. To be able to live peacefully, all of the basic needs must be
met. People who want to live a good life must do so in a moral way at all
times. People can say that the mass media has done a good job for them
until now. No doubt, they have helped us. It is a very good way to keep
the democratic spirit alive and well.
In the case of violations of the law, anything should never be presented in
a manner that makes people feel horrible for the crime or makes them
want to commit the same crime themselves.
1. Killing someone is a crime
a. The method of murder must be shown in a way that will not make
people want to do the same thing.
b. Brutal killings should not be shown in full.
c. Taking revenge in modern times is not a good idea.
2. Crime methods should not be made public.
This must not happen: Illegal drug traffic must not be shown.
Sex: The sanctity of marriage and the home must be kept. There aren't
going to be any pictures that show that low -level sex relationships are
common. Adultery and illicit sex, which are sometimes used in stories,
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100 Scenes of Passion : These should only be used when they are important to
the storey. If you want to show that you are smitten with someone by
kissing, hugging, and making suggestive gestures, don't show it. In
general, passion shou ld be handled in a way that doesn't make people feel
bad or angry.
Vulgarity : When talking about things that are low, disgusting, unpleasant,
but not necessarily bad, you should always follow the rules of good taste
and show respect for the feelings of the people you are talking to.
People aren't allowed to use obscenity in any way, even if it's only
understood by a small part of the people in the room.
Profanity : Pointed profanity and any other profane or vulgar expression,
no matter how it is used, is aga inst the law.
The code itself is a pretty good statement of what you want to do.
Unfortunately, it hasn't been put into place or enforced properly. It has
also been used at times to keep people from criticising our social order, as
well as to keep people f rom being too rude. When people watch movies,
they're in charge of a huge industry that focuses on making money. With a
few companies nearing monopoly power, free competition has been
almost impossible. In recent years, the government has made theatre
owne rship and production and distribution separate. It has also banned
"block booking," "blind selling," and other monopolistic tactics. Film can
now be rented by the piece.
In this way, they can't be legally forced to accept or choose. It's possible
that mor e people will want to see more high -quality movies. People might
want to do more critical reviews and use the film estimate service in this
way, just like with broadcasting. Today, there are a lot of good estimate
services that are in a lot of magazines. T hese services give reviews and
estimates of movies and let people choose what they want to see.
We could also give the state department the power to check out movies
that are going to be sent to other countries and stop them from being sent
if they misrep resent the country or are likely to make people angry at us.
"A lot of action with some plot and not too much love" is what makes a
good movie, according to people of different ages. Pictures that were not
thought to be good were those that glorified war, mediocrity, over
sentimentality, too much drinking, unnecessary violence or killing,
passionate love scenes, undue sympathy for immoral or criminal
behaviour, and superficiality. In both good and bad ways, the movie
industry can be very powerful. Everyone has a moral duty to make sure
that the movies they and their families watch aren't bad for them or their
kids.
Check your Progress
1) Why does one need to study profanity?
2) Discuss Media ethics: Practical application and solution
3) What are the Ethics in produci ng and screening movies munotes.in

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101 9.10 SUMMARY
Journalism's role in informing and shaping public opinion is more
essential than ever in today's interconnected world. With the rise of social
media and the globalisation of news, journalists have an unprecedented
ability to influence the beliefs and actions of people around the globe.
However, with tremendous power comes enormous responsibility.
Journalists must adhere to stringent ethical standards to ensure that their
reporting is accurate, fair, and impartial. In add ition, with the rise of false
news and disinformation, it is imperative that journalists are held
accountable for their actions and governed by a global code of ethics that
places the truth and the public interest above all else.
Therefore, it is evident t hat a set of global journalism ethics is required.
Such ethics would provide a framework for journalists, ensuring that their
reporting adheres to a set of universally recognised principles that
prioritise veracity, fairness, and impartiality. It would als o provide a
mechanism for holding journalists accountable when they fail to meet
these standards, restoring public confidence in the media.
In conclusion, the need for ethics in global journalism is greater than ever.
To ensure that journalism continues to play its vital role as the sentinel of
democracy and the voice of the people, it is imperative that journalists
adhere to a set of ethical standards that prioritises the truth, veracity, and
the public interest.
9.11 QUESTIONS
1. Describe briefly a code of ethics for the media .
2. Explain ‘Being ethical in print’.
3. Discuss ethical norms for audio -visual media.
4. Write short notes on :
(a) Freedom of press and right to privacy
(b) Remedial measures for maladies in mass media
9.12 REFERENCES :
 Owens -Ibie, Noma. “Press Respon sibility and Public Opinion in
Political Transition.” Africa Media Review. Vol. 8 No. 1. 1994.
 Black, Jay. “An Informal Agenda for Media Ethicists.” Petersburg:
University of South Florida, 2008.
 Christians, Clifford &KaarleNordenstreng. “Social Responsib ility
Worldwide.” Journal of Mass Media Ethics. 19(1). 3 –28. munotes.in

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102  Steve Hoenisch, “Habermas' Theory of Discourse Ethics”, Journal of
Communication Inquiry, Vol. 24, No. 1, 19 -40, 2000.
 Keane, J. Public life and late capitalism. Toward a socialist theory of
democracy. Cambridge: University Press, 1984.
 Kova, Melita Poler. Journalism Ethics in Multinational Family
Slovenia: University of Ljubljana, 2008.
 Plaisance, Patrick Lee. “The Concept of Media Accountability
Reconsidered.” Journal of Mass Media Ethics. Vol ume 15. Issue 4
February 2000.
 257 – 268. Wahl -Jorgensen, K., Galperin, H. “Discourse ethics and the
regulation of media: The case of the U.S. newspaper.” Journal of
Communication Inquiry 24(1). 19 -40. 2000.
 Melisande Middleton “Social Responsibility in the Media” Center for
International Media Ethics, Oxford University, March 2009
 Fedler, Fred (1994). Actions of Early Journalists Often Unethical,
Even Illegal. Journal of Mass Media Ethics. Vol. 12.3
 Thompson, John B. Scandal and Social Theory. In Media Scandals:
Morality and Desire in the Popular Culture Marketplace. Lull, James
and Hinerman, Stephen, eds. New York: Columbia University Press
1997.
 Winkler, Earl. “The Unbearable Lightness of Moral Principle: Moral
Philosophy and Journalistic Ethics.” In Deadlines and Diversity:
Journalism Ethics in a Changing World.. Alia, Valerie, Brennan, Brian
and Hoffmaster, Barry, eds. Halifax: Fernwood Publishing, 1996.
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103 10
JOURNALISM ETHICS IN INDIA
Unit Structure
10.0 Objective
10.1 Introduction
10.2 Principles of journalism
10.3 Role of journalists
10.4 Responsibilities of the journalist
10.5 Editor’s responsibilities
10.5.1 Codes of Ethics in India
10.6 All -India N ewspaper Editors' Conference (AINEC) Code 1968
10.7 Press Council Guidelines
10.8 Press Council Code on Communal writing
10.9 Parliament Code:
10.10 International Code of Ethics:
10.11 Being ethical in print media
10.12 Summary
10.13 Questions
10.14 Refe rences
10.0 OBJECTIVE
● define journalism's basic principles,
● outline the roles and responsibilities of journalists,
● show how journalists can do their job better,
● explain why journalists need to follow a set of rules about how they
should act,
● prepare a s et of rules for journalists,
● make clear what the Press Council and the Ombudsman do for people.
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104 10.1 INTRODUCTION
A lot of different types of information are getting to the media now: print
and electronic. The media is thought to be very good at not only telling
people what they need to know but also at changing their minds and
changing their behaviour. It is very important for journalists to act with a
lot of responsibility when they write news stories, features, articles, and
editorials for daily newspap ers and magazines. Their writings have a big
impact on the world.
10.2 PRINCIPLES OF JOURNALISM
It is believed that the media excel not only in informing the people but
also at altering their attitudes and behaviour. When writing news stories,
features, es says, and editorials for daily newspapers and periodical
magazines, it is crucial for journalists to demonstrate a high degree of
accountability. Their works have a significant effect on the world. It
discusses fair play, which distinguishes private rights and public interest
from public curiosity. We would discuss it further in the subsequent part.
Second, the media have the right and responsibility to promptly and
thoroughly correct their own factual errors.
Both the publisher and the editor are responsib le for maintaining high
professional standards. On the one hand, journalists should be cautious to
safeguard press freedom. On the other hand, they must ensure that this
independence is not abused and that they always operate with extreme
caution.
10.3 ROL E OF JOURNALISTS
The main job of a journalist is to be an interpreter of what is going on in
the world around him. He looks at the events, sends information about the
events, and acts as an interpreter of the events that he sees. While doing so
following f our rules be followed:
a. He should have a never -ending search for the truth;
b. He should be able to meet the needs of the changing times, instead of
waiting for them to come to him;
c. He should be able to do something of value and significance to the
world;
d. He should be able to protect his independence.
Due to the efforts of journalists, people in our country enjoy a great deal
of freedom. A journalist is responsible for gathering information,
organising it, and disseminating it to the public. In addition, he explains
why the data is significant and offers his opinion on contemporary topics.
He should be fair, accurate, impartial, sober, decent, and responsible when
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105 Journalists must approach their information with object ivity, detachment,
and perhaps a bit of scepticism. Journalists must have the proper "attitude"
to be successful. To be successful in this position, he must be adept at
organising things and using language. He shouldn't be overly confident or
enthusiastic. He should not manipulate the news report to get a powerful
impression.
Another element that should not be ignored is attribution, sometimes
known as the "source's identity." The best method to provide credit is to
identify the source you used. Another use ful piece of information is the
name of the organisation, office, or group for which the source works.
There are occasions when the phrase "informed source," which is not very
good, is the most appropriate. If the source of the information must remain
confidential, this is the most appropriate phrase to use.
"Write as you speak" is a term that is becoming increasingly prevalent in
contemporary news. The formal, forbidding language of the 1930s is no
longer regarded as desirable. People are now employing lan guage that is
easy to read, entertaining, and delectable.
Former New York Times executive editor James Reston placed a high
priority on the "vitality" of journalists. Also, there is the proverb, "Make
do with what you've got." It is used in the context tha t every journalist
must adhere strictly to the deadline for the next newspaper edition.
10.4 RESPONSIBILITIES OF THE JOURNALIST
The press is, of course, a business, but there is one big difference. What
people read in newspapers and magazines shapes their minds: men and
women, children, adolescents, and adults. Journalists, thus, have some
social responsibilities. They must act with a deep sense of responsibility
for the society they are a part of.
Journalists have a lot of different jobs. The journalist' s main job is to help
his readers by giving them accurate, positive, and up -to-date information
in a way that is easy to read, digest, and enjoy. He should pay extra
attention to the poor and the weak in society. He needs to be a person who
encourages peop le to change the way things work in the world. As you
read this, we'll talk about the journalist's responsibilities in three ways:
Social, Professional, and Legal.
Social
Journalists have a huge responsibility to their communities. People now
know that "jo urnalism is like a picture that shows how people live." It is
the job of the journalist to be a voice for everyone. He must, therefore,
give a truthful, complete, and intelligent account of the events in a way
that makes sense. That effective sieve called "objectivity" must be used to
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106 The press must be a place where people can talk about and criticise each
other. The journalist should be a good way for readers and different
groups in society to communicate with each other.
Lega l
Publication of material that isn't based on fact, isn't nice, or is
manipulated. It should be avoided at all costs in order to protect yourself
and your organisation from the law. You don't want a "live wire" on you
when you write about "liberal" or "def amation." A good journalist doesn't
want to do that. He must know about all the different laws that apply to the
press, like the Official Secrets Act and the Copyright Act etc. He must
always act within the bounds of the law and not break it.
Professional
Journalists must also adhere to specific professional responsibilities. The
primary responsibility of a journalist is to disseminate knowledge in all
situations, regardless of their normalcy. Readers can use the material to
form their opinions on crucial i ssues. This could also influence their
attitudes. He must think and respond swiftly, but he must maintain his
composure and sense of objectivity when circumstances change.
As a journalist, one should demonstrate commitment to one’s work. A
joutnaistmust ad here to his profession's norms with extreme rigour. He
must understand where he may and may not go. ' Whether he is a reporter,
sub-editor, editorial writer, or someone else, he must keep his biases in
control and strive for objectivity when reporting the news and expressing
his opinions. Ensure that the news is not altered, suppressed, or
exaggerated to suit the requirements of anyone, including the paper's
owner and editor. Similarly, only the general public's, the community's,
and the nation's interests should be considered when journalists publish
their opinions and make comments.
In contemporary times, news is a business. It is also a very competitive
industry. When someone is attempting to make money, they may report
things that are confusing, biased, unclear, or dramatic. To maintain their
credibility, journalists must not do so. He should not make rash and
erroneous choices. Accordingly, modern opinion polls are virtually like an
exercise in premature judgement, and they do interfere with the
democra tic process.
Professionally, a skilled writer should follow the event and write
exhaustively but cautiously about it when it involves a contentious matter.
As a journalist, "following up" is an important trait to possess. This is
something that ought to be utilised as frequently as possible.
Even if they are pressed for time, one of the most crucial responsibilities
of a professional journalist is to ensure that the terminology is right. As
crucial as avoiding errors in the content is ensuring that the lang uage is
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107 Journalists owe their readers a duty. To ensure that everyone may engage
in the discussion, careful consideration must be paid to audience
comments.
10.5 EDITOR’S RESPONSIBILITIES
To what extent do you believe the newspaper editor is a ccountable for
how the newspaper covered the events? Here, we shall enumerate the
responsibilities of each individual. The law requires the editor to be
responsible for all newspaper content, including news, editorials, and
advertisements. In 1953, the All -India Newspaper Editors' Conference
(AINEC) adopted a Charter for Editors consisting of eight points. It
continues to be used today.
a) The editor has complete control over the paper's editorial policies and
its staff and management.
b) The board of dire ctors of a newspaper shall annually prepare a budget
for editorial expenses, including routine costs, a development plan,
contingencies, and a discretionary grant, with the assistance of the editor.
c) The editor has the ultimate say on all matters pertain ing to the editorial
staff and the content of the newspaper.
d) The editor should be able to discuss departmental matters with the
board or the proprietor.
e) As an editor, you are required to adhere to a set of guidelines. They
include ensuring that the p aper's policy is adhered to, maintaining high
standards, opposing all pressures, and ensuring that the editorial staff
works cohesively.
f) It is up to the newspaper editor to decide what is best for the
publication. The government and the newspaper's owne r are not required
to instruct him.
g) If the editor is terminated from the service or resigns owing to a
disagreement with the board, he will get six months' worth of pay,
gratuity, and money in place of leave he was entitled to at the time.
The term "eth ics" refers to the principles that a journalist must follow and
uphold in order to maintain the honour and dignity of their profession.
Webster's New World Dictionary defines "ethics" as a collection of rules
or morals for an individual, a group, professio n. In the present period,
when the "commercial" aspect of the newspaper industry is becoming
increasingly significant, it is difficult for a scribe to do their duties
ethically.
As with everyone else in the country, journalists are subject to all laws. In
journalism, as in other professions, there is a great deal of unregulated
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108 To convey his message and maintain the credibility of his newspaper or
magazine, a journalist must disseminate news and opinions i n accordance
with the standards and traditions of society.
A free press, which is crucial for the functioning of a democracy,
necessitates that the populace be free from fear and violence, which in turn
necessitates a strong government capable of dealing w ith terrorism and
anarchy. Today, it is hardly a secret that journalists are being threatened,
forced, and even killed or injured. Journalists must adhere to ethical
standards regardless of the number of threats and provocations they face.
Among the well -known moral guidelines are the following:
Accuracy and Fairness: A journalist must inform the public on matters that
are significant to them in a manner that is fair, accurate, unbiased, and
courteous. Personal comments and inaccuracies should be avoided at all
costs.
As quickly as possible it is essential to review and double -check news
before publication, especially if it would complicate matters.
If a piece of writing is defamatory or libellous on its own, a newspaper
should not publish it unless it is fa ctual and the publisher has sufficient
cause to believe that publishing it will be beneficial to the public.
Privacy: People can't have their private lives invaded unless there is a real
public need for it. People should be very careful when they name or s how
pictures of people who have been sexually assaulted.
Newspapers should not make people feel guilty by association. It's not
good for them to talk about the family, friends, or associates of people
who are convicted or accused of crimes when it doesn't make sense or is
irrelevant to the story.
Corrections: When there is a factual error or mistake, the newspaper
should make the correction as soon as possible, by giving the right
prominence, and with an apology or expression of regret in the case of a
majo r mistake. A journalist should also pay attention to the right to reply
and to the letters to the editor.
Communal Reports: Before publishing reports about communal clashes
or disputes, they should be checked out. The report should not make things
worse. Instead, it should try to calm down the ruffled emotions.
Sensational Headings: Sensational headings should not be used for news
and articles. Headlines should match the content of the stories they are
about. They should be clear, unambiguous, and real.
Obscene or vulgar matter should not be published because it doesn't look
good to the public. Also, don't make fun of violence.
Don't let your ethics and journalistic values go to the wind in order to
make money. Instead, it should try to find a balance betw een objectivity
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109 In general, a newspaper should not identify a person with his or her caste,
religion, or other group. It could be snide.
Respect Confidence : The information if even not made public , should be
respected
10.5.1 Codes of Et hics in India
Codes of ethics can't list all the possible ethical issues that could come up.
A code of ethics will come down to how each of its rules is interpreted in a
given situation. Let's now look at how the rules in India changed over
time.
To write a complete, rigid code of ethics for a journalist isn't possible or
smart. In time, society changes as well. So, making rules or guidelines that
are set in stone is pointless. Yet, we do need some guidelines or rules in
the form of a "code of ethics" to ma ke sure that journalists are following
the rules.
Justice R.S. Sarkaria also thinks that journalists should follow a set of
rules. It is a statement of broad moral principles that will help and guide
journalists, and that will help them with their self -assessment and self -
regulation, he says.
In the past, many rules for journalists have been made. These rules help
them do their job better. Press, which is the conscience of the public,
needs to be protected, and the codes are a step in that direction. There are
a lot of people who want to limit the press's freedom and try to make the
press look bad right now, so the codes have a bigger role now. In this way,
different codes were made.
In 1968, the All -India Newspaper Editors' Conference (AINEC) came up
with a set of rules for how the journalists should act. People also came up
with a lot of different rules that could help guide the press, such as the
International Code (1991) and Parliamentary Code (1976). Though the
Press Council doesn't like rules that are set in stone, it has made rules from
time to time.
10.6 ALL -INDIA NEWSPAPER EDITORS'
CONFERENCE (AINEC) CODE 1968
In 1968, the All -Indian Newspaper Editors' Conference came up with a set
of rules for the press. It is a good thing that still has value in th e modern
world. It goes like this:
A free press can only thrive in a free country. Communalism is bad for our
free society and for the country as a whole.
The press has an important role to play in achieving the main goals of our
constitution, which are de mocracy, secularism, national unity and
integrity, and the rule of law. It is the job of the press to help people feel
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110 material that could stir up communal passions or inflame communal
hatred.
To this end, the press should follow these rules when reporting on
communal events in the country:
1. There should be no scurrilous attacks on leaders or communities in
editorial comments or other expressions of opinion. This includes
articles, letter s to the editor, or any other form of expression of one's
own thoughts. and there should be no urging to the people to do
something bad.
2. General accusations that cast doubt on the loyalty and patriotism of
any community should be avoided.
3. General accusatio ns and accusations against any community of
unfair discrimination, on the other hand, can lead to community
hatred and distrust.
4. The truth should not be hidden. News stories about community
problems should not be slanted in a way that slows them down.
5. This means that when there is a loss of life, lawlessness, arson, etc.,
the news should be reported with restraint and not prominently
displayed.
6. News items that will help restore and keep law and order should be
given more attention and take precedence over o ther news.
7. The utmost care should be taken when choosing and publishing
pictures, cartoons, poems, and so on, so as not to stir up communal
passions or hatred.
8. The names of communities should not be used in reports. Instead,
the terms "majority" and "minor ity" should be used more often.
9. The source from which casualty figures are taken should always be
shown.
10. Journalists shouldn't put out any facts or figures until they have been
checked to the fullest extent possible. However, if giving out the
facts or fig ures is likely to make people angry, those facts and
figures may not be given.
Check your Progress
1) Discuss the All -India Newspaper Editors' Conference (AINEC) Code
1968
2) Discuss which rules should the press follow when reporting on
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111 10.7 PRESS COUNCIL GUIDELINES
The Press Council of India has set out rules that the media and the
government should follow, and if they do so, they will be able to work
together in difficult situations. These are how they work:
1. If you don't want to make your headlines controversial or sensational,
don't do it!
2. Headings should match and support the content they are next to.
3. Figures of casualties that appear in headlines should be on the low side
if there is any doubt ab out their accuracy or if the numbers reported by
various sources are very different.
4. The person or group making the claims should be named in the
headlines, or at least quotation marks should be used.
5. Comments and value judgements should not be made in the news.
6. Putting out news should not be based on partisan feelings, and it should
not appear to be.
7. Journalist should use language that isn't too harsh and that can help
people feel more at ease with.
8. Whenever there are mistakes, they should be quickly corre cted and the
person who made them should apologise.
10.8 PRESS COUNCIL CODE ON COMMUNAL
WRITING
Today, when the country is at risk because of communalism and other bad
things, the Press Council thought it was important to write a code of ethics
for commun al writing. This code is even more important now.
1. The distortion or exaggeration of facts or events in the community, or
giving credence to rumours, suspicions or inferences that aren't true and
making their comments based on them.
2. News or views are prese nted in an unrestrained way, even if it's just for
fun or as a piece of literary flair. This can be done for rhetorical or
emphasis reasons.
3. Encouraging or condoning violence even when there is a reason to do
so, whether or not the grievances are real or n ot.
4. There are some legitimate things that can be done by a newspaper or
magazine to draw attention to real and legitimate problems that a
community has and to try to get them resolved through peaceful, and
legal means. It is wrong and against journalistic ethics to make up
grievances or exaggerate real grievances. As these tend to make people
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112 5. Scurrilous and untrue attacks on groups or individuals, especially when
this is accompanied by accusations that they did something because
they were from a certain group or caste should not be done.
6. Giving false events that happen to people from different communities
gives the news report a communal tone.
7. Focusing on developments that are likely to make people in a
community hate each other or make them distrust each other should not
be done.
8. Publishing alarming news that turns out to be untrue, or making
provocative comments about it or doing anything else that could make
things worse between different communities o r groups of people from
different regions or languages should be avoided.
9. Exaggerating real events to make them more shocking and publishing
news that harms community harmony with banner headlines or in
different forms should not be done.
10. Derogatory or ins ulting remarks about different religions or faiths,
or about their founders, cannot be made.
10.9 PARLIAMENT CODE:
In 1976, the Indian Parliament's upper house, the Rajya Sabha, passed a
code of "ethics" for journalists and newspapers. This was done becaus e the
Rajya Sabha had a social and moral duty to do this. The code has
following points:
1) Journalists should put a lot of importance on basic human and social
rights when they do their job. They should also be honest and
trustworthy when they report the new s.
2) Journalists and newspapers should report on the activities of the
government and the public, promote national unity, solidarity,
integrity, and economic and social progress, and show how these
things work.
3) Journalists and newspapers should not write or say anything that
could make people angry or cause civil disorder, mutiny, or
rebellion.
4) Projection of violence must be completely banned.
5) Journalists and newspapers should make sure that the information
they report is true. Facts will not be changed.
6) There will be no sensational report or report that is based on
speculation. Any report or comment that turns out to be wrong will
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113 7) Having faith in yourself is always a good thing. Professional secrecy
will be kept.
8) Journalists should n ot use their position for non -journalistic reasons
and should not let their personal interests influence their work.
9) Accepting or demanding a bribe or other reward for the use of a
journalist's power to give or keep attention to news or comment is
bad.
10) Journalists and newspapers should not get involved into personal
fights that have no public benefit.
11) Journalists and newspapers should not give credence to public
rumours or gossip, even if the rumours or gossip have been proven
to be true.
12) Newspapers can't p ut up anything that is obscene or encourages
vice, crime, or illegal activities.
13) Journalists and newspapers should show and spread the country's
goals of democracy, socialism, and secularism.
14) Journalists and newspapers should not treat news of disturbance s
involving caste, community, class, religion, region, or language
groupings in an unfair way. They should also not report on the
number or identities of groups involved in these disturbances unless
they are officially allowed to do so.
15) Journalists and new spapers should not write or say anything that
could harm India's sovereignty and independence. The safety of the
state and good relations with other countries are important
(newspapers include journals, magazines and periodicals).
10.10 INTERNATIONAL CODE OF ETHICS
In 1991, at the Stockholm Symposium, an International Code of Ethics
was framed and agreed to by everyone. Everyone who works for the press
and other media should read this. It's not a legal document, and some
countries may look at things in a di fferent way because of their own laws.
Several parts of the code are:
1) A journalist's main goal is to write a fair, accurate, and unbiased
story.
2) Sources that aren't named should not be used unless the search for
the truth will be better served by not namin g the source.
3) In general, journalists have a moral duty to protect sources of
information that aren't public.
4) Corrections or clarifications should be made as soon as possible if
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114 5) Journalists should always say who they are, e xcept in very rare
situations.
6) Any language that is obscene or tasteless should only be used when
it is quoted from another source.
7) Journalists should try to avoid paying for information unless it is for
the benefit of the public.
8) Using someone else's work without giving them credit is a very bad
thing to do, and it should be avoided at all costs.
9) In general, the race of someone who is in the news should not be
talked about.
10) People should not be recorded by journalists unless they have a good
reason to do s o or the person is willing to be recorded.
11) The privacy of a person should always be protected, except in very
rare cases.
12) Sex discrimination should not be done, and it should not be done at
all
13) Journalists should be careful not to offend anyone, but they s hould
also not compromise their reporting of the news.
14) Journalists should be able to tell the difference between comments,
speculations, and facts.
15) Children should not be named in reports about crimes.
16) People who are still alive should not be identified in news articles
about sex crimes.
17) Journalists should not judge anyone who hasn't talked to them first.
18) Journalists should always be professional and ethical.
19) Acts of violence should not be seen as good.
20) Publications of photos of mutilated bodies, bloody ev ents, and
disgusting scenes should be avoided.
10.11 BEING ETHICAL IN PRINT MEDIA
The daily news is mostly disseminated through the daily print media. If
you want more information about the world and its happenings, you
should visit this website. It has a greater effect on the globe.
It provides news or information about what is occurring in the globe at the
moment, coupled with an explanation and some commentary. Newspapers
can "headline" particular news or viewpoints and make them appear to be
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115 the significance of other matters. As a sales medium, they aid businesses
and other establishments in selling their products.
They offer numerous forms of amusement, including comic strips and
puzzles. They provide a variety of information that is difficult to place in
one of the aforementioned categories. How well -trained the
correspondents, reporters, and editors are in ethics determines the
presentation style of a particular medium.
The viewpo ints and beliefs of a media organisation about social,
economic, and political issues influence how they portray them. They are
difficult to describe, but they have a significant impact on how they write
their reports.
On occasion, print media receives a great deal of negative press. There are
currently three main criticisms of newspapers. They are similar to: It is
asserted that the press, despite professing to be an impartial news source,
is in fact a collection of profit -driven businesses.
Due to the fa ct that print media is affiliated with a for -profit corporation, it
is under significant financial pressure and is managed by a small group.
Finally, it seeks to meet their social, political, and economic needs. It is
believed that large advertisers exert even greater pressure on newspapers,
which must generate revenue.
The majority of the time, print media are motivated to satisfy advertisers
because they generate significant revenue from them. To achieve this, they
may manipulate or misrepresent the news. The majority of publications do
not hide their political leanings. Regarding economic issues, the majority
of newspapers represent the most influential groups' interests.
It is essential in media ethics to perform in the public's best interest.
According to Owens, Ibie's "the mass media are expected to keep the
public informed about what's happening in government, which in a sense
keeps the rulers in check." Also, the media should report on and encourage
discussion of ideas, opinions, and truths as a means to improve society;
functioning as a nation's "message board" for information and accurately
reflecting society and its people in order to identify heroes and villains.
Some ethical standards are emphasised so that print media can be more
consistent and serve the requirements of everyone, not just a few powerful
and influential groups. To prevent a few individuals from controlling the
information, it is necessary to contact law enforcement. As individuals, we
should read more and investigate matters that elicit second thoughts. There
is a need for both public and private information and investigation
agencies.
We could launch a handful of philanthropic publications with distinct
sections for various demographics.

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116 Check your Progress
1) What are the principl es of journalism?
2) What are the challenges of print media?
3) Discuss the international code of ethics.
10.12 SUMMARY
Journalism plays a crucial role in India in moulding public opinion and
influencing decision -making processes. In India, a country with a dive rse
and complex social, political, and economic landscape, it is essential that
journalists adhere to strict ethical standards.
There are numerous reasons why studying journalism ethics in India is
essential. First, it ensures that journalists have the kno wledge and
instruments required to report accurately, equitably, and objectively. In a
country like India, where media bias and sensationalism frequently distort
the truth and misrepresent significant issues, this is of particular
importance.
Second, resea rching journalism ethics in India contributes to the
development of a journalistic culture of accountability. Journalists are
more likely to act responsibly and be held accountable when they fail to
uphold ethical standards if they are aware of these stand ards. This is
especially essential in a nation where the media has been criticised for
sensationalism and putting profit before the public interest.
Finally, the importance of studying journalism ethics in India lies in the
fact that it fosters public conf idence in the media. When journalists adhere
to ethical standards, the public is more likely to have confidence in the
information they provide. This is especially crucial in India, where a free
and independent press is essential for guaranteeing transpare ncy,
accountability, and democracy.
In conclusion, researching journalism ethics in India is necessary to ensure
that journalists operate with honesty and responsibility and that the media
fulfils its vital function as the watchdog of democracy. By adherin g to
ethical standards and nurturing a culture of accountability, journalists can
develop public confidence in the media and ensure that all Indians' voices
are heard.
10.13 QUESTIONS
1. State the principles of journalism.
2. As a journalist, how can you make a clear distinction between what you
know and what you think in your stories?
3. Why is attribution an integral and important part of any report?
4. Mention two points of ethical guidelines for journalists in India. munotes.in

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117 5. While reporting on communal events, what guideli nes should a
journalist follow?
10.14 REFERENCES:
 Owens -Ibie, Noma. “Press Responsibility and Public Opinion in
Political Transition.” Africa Media Review. Vol. 8 No. 1. 1994.
 Black, Jay. “An Informal Agenda for Media Ethicists.” Petersburg:
University of South Florida, 2008.
 Christians, Clifford &KaarleNordenstreng. “Social Responsibility
Worldwide.” Journal of Mass Media Ethics. 19(1). 3 –28.
 Steve Hoenisch, “Habermas' Theory of Discourse Ethics”, Journal of
Communication Inquiry, Vol. 24, No. 1, 19 -40, 2000.
 Keane, J. Public life and late capitalism. Toward a socialist theory of
democracy. Cambridge: University Press, 1984.
 Kova, Melita Poler. Journalism Ethics in Multinational Family
Slovenia: University of Ljubljana, 2008.
 Plaisance, Patrick Lee. “The Concept of Media Accountability
Reconsidered.” Journal of Mass Media Ethics. Volume 15. Issue 4
February 2000. 257 – 268.
 Wahl -Jorgensen, K., Galperin, H. “Discourse ethics and the regulation
of media: The case of the U.S. newspaper.” Journal of Communica tion
Inquiry 24(1). 19 -40. 2000.
 Melisande Middleton “Social Responsibility in the Media” Center for
International Media Ethics, Oxford University, March 2009
 Fedler, Fred (1994). Actions of Early Journalists Often Unethical,
Even Illegal. Journal of Mass Media Ethics. Vol. 12.3
 Thompson, John B. Scandal and Social Theory. In Media Scandals:
Morality and Desire in the Popular Culture Marketplace. Lull, James
and Hinerman, Stephen, eds. New York: Columbia University Press
1997.
 Winkler, Earl. “The Unbearable Lightness of Moral Principle: Moral
Philosophy and Journalistic Ethics.” In Deadlines and Diversity:
Journalism Ethics in a Changing World.. Alia, Valerie, Brennan, Brian
and Hoffmaster, Barry, eds. Halifax: Fernwood Publishing, 1996.

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118 11
LAWS REGULATING THE MASS MEDIA
AND MASS COMMUNICATION IN INDIA
Unit Structure
11.0 Objective s
11.1 Introduction
11.2 Need for Media Laws and Regulatory Framework
11.3 Press & Registration of Books ACT, 1867
11.4 Working Journalists ACT, 1955
11.5 Press Council of India ACT, 1978
11.6 Ombudsman
11.7 Indian Penal Code and Criminal Procedure Code
11.8 Professional Bodies
11.9 Summary
11.10 Questions
11.11 References
11.0 OBJECTIVE S
To describe the important provisions of the Press and Registration of
Books Act;
• explain the important provisions of Working Journalist Act;
• analyse the role of Press Council of India Act
• appreciate the need for Ombudsman in a media organisation; and
• discuss the clauses of the Indian Penal Code (IPC), and Indian
Criminal Proced ure Code (Cr. P.C.) applicable to media persons;
• mention some professional bodies of working journalists and media
persons
11.1 INTRODUCTION
To describe the important provisions of the Press and Registration of
Books Act; to explain the important provisio ns of the Working Journalist
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119 need for an Ombudsman in a media organisation; and to discuss the
provisions of the Indian Penal Code (IPC) and the Indian Criminal
Procedure Code (C r. P.C.) that apply to media persons; and to mention
some professional bodies of working journalists and media persons.
11.2 NEED FOR MEDIA LAWS AND REGULATORY
FRAMEWORK
As you are aware, the major goal of any law affecting journalists and
media people is to ensure that all journalists and media people respect and
follow the best traditions of journalism and media norms, and that they do
not engage in any unethical or unprofessional behaviour. Because, in the
event that any legal offences or illegal acts ar e done as a result of a
journalistic act, the individual or persons responsible - reporter,
correspondent, writer, editor, and publisher – will all be held accountable
in a court of law for the illegality.
As a result, media regulations and a well -defined regulatory framework
for journalists and media personnel are extremely important and
necessary. The law is a system of rules by which citizens govern their
conduct in relation to one another and the state, and it is primarily
intended to ensure peace and s erenity, law and order, and a climate of
friendliness and cordiality in society. Every country has a variety of laws
that govern the day -to-day operations of the country. One of the
government's responsibilities is to establish a framework for the orderly
operation of the media in order to ensure that the media serves society's
best interests.
When reporting crime news, court trials, parliament and state assembly
proceedings, personal or government matters, for example, several
safeguards, considerations, and attention must be taken to ensure that news
reports originating from these sources do not violate legal boundaries.
Defamation laws and laws outlawing the inciting of certain parts of
society against others are only a few examples. Similarly, there are rules
against the encouragement of seditious or criminal activity.
Despite rigorous legal frameworks in place, it may be difficult to discover
and identify violators in modern information -based economies, as
communication technologies continue to prolifer ate and more and more
technologies continue to converge. At the same time, it is realistic to
assume that as the world becomes more sophisticated in all aspects of life,
conflicts and disputes between individuals and institutions will inevitably
arise as a result of clashes of ideas, beliefs, and ideologies.
As a result, media professionals should be completely aware of legislative
limits and their implications in order to protect the media's interests,
image, and reputation, as well as to promote social c ohesion and political
well-being.
We will briefly cover these enactments, laws, and legal framework in this
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120 responsibilities. We will also provide a little background on these laws
before going o ver their provisions, so that you can understand and
appreciate each of these legislative enactments properly.
11.3 PRESS & REGISTRATION OF BOOKS ACT, 1867
The Press and Registration of Books Act of 1867 is the first extant British
Act dealing solely with newspapers, books, and printing presses.
The British government needed information on all publishers' ownership,
editors' names, places of publishing, names and addresses of printing
presses and their owners, and so on, so that they could quickly discover
and take action against any defaulting daily or magazine. The British
government was scared of any criticism that any publication would
convey, despite the fact that there were few newspapers and magazines in
most Indian languages at the time, and the pres s was also underdeveloped
in the nation.
The professional activities of editors, press persons, and owners of
newspapers, magazines, and printing presses in India at the time were
severely restricted and controlled by this regulation. The statute also
required that newspapers be registered with the state authorities.
In 1958, the Act was revised. The Ministry of Information and
Broadcasting (I & B), Government of India, is now in charge of enforcing
this law. The Press Registrar, a senior employee in the I& B ministry, is the
law's nodal person and is in charge of enforcing it. The Act mandates that
every book or newspaper include the printer's name and address, as well as
the publisher's and editor's names and the location of publishing. The
proprietor of th e publication must file a declaration with a district
magistrate, detailing his name, address, and the title of the newspaper,
magazine, or journal, as well as the language, periodicity, price, and
number and size of pages. Printed copies must be sent to t he Registrar for
no charge.
If the newspaper/magazine is not published within three months of gaining
licence to publish, the declaration will be considered void. The Act
included penalties in the event that a publication was made without
according to the law's restrictions.
The legislation prohibits the publication of two newspapers or periodicals
with the same title in the same language by different proprietors. All
functions required by this legislation will be carried out by the Press
Registrar, distric t magistrate, or any other permitted official. If any of the
statements in the news release are discovered to be false, the publication's
press release may be revoked.
11.4 WORKING JOURNALISTS ACT, 1955
The first Press Commission (1952 -54) issued a number of pointed
judgments concerning journalists' poor working conditions and
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121 Newspaper Employees (Condition of Service) and Miscellaneous
Provisions Act 1955 was adopted shortly after th e Commission's report
was released. The Act is commonly referred to as the Working Journalists
Act. It is, in fact, a welfare policy intended to govern the working
conditions of those employed in the newspaper sector. It applies to staff of
publications wh o are both journalists and non -journalists.
Its provisions primarily concern (a) working hours, (b) leave, (c) wage
fixation and revision, (d) wage board composition, (e) employee provident
fund, (f) money due from employer, (g) retrenchment, and so on. Th e
Act's provisions, notably pay board recommendations, have proven to be
difficult to implement, according to experience. With the weakening of the
country's trade union movement, significant delays in court rulings, and
the expansion of the practise of em ploying individuals on a contract basis
in the newspaper industry, employees' employment are no longer as secure
as they should be. Majithia Wage Boards for journalists and non -
journalists issued recommendations in 2010 for the modification of
remuneration of newspaper staff under the chairmanship of Justice G R
Majithia.
Although news organisations such as Press Trust of India, Bhasha, United
News of India, Univarta, and others are covered under the Working
Journalists Act, it does not apply to audio -visua l media.
11.5 PRESS COUNCIL OF INDIA ACT, 1978
The establishment of a press council in India was one of the proposals of
the first Press Commission of India (1952 -54) The government took a long
time to act on the advice. In 1965, the Press Council of India Act was
passed, and the Council was established in 1966. The first Press Council
existed until 1975, when it was abruptly terminated during the 1975 -1977
domestic emergency. When the emergency was abolished, general
elections were held, and the Janata Par ty government led by Morarji Desai
came to power at the Centre in 1978, the Press Council was resurrected.
Composition
The Press Council of India, established in 1978, is made up of 28
members and a chairman. According to the law, the chairman must be
nomi nated by a three -person committee comprised of the Rajya Sabha
chairman, the Lok Sabha speaker, and a person elected by the outgoing
PCI. Until now, all of the PCI's chairs have been sitting or retired Supreme
Court of India judges.
Thirteen members of the PCI are working journalists, six of whom are
editors, and the remaining seven are working journalists who are not
editors – three editors and four working journalists are from language
publications.
Aside from that, members are from the management of dail y newspapers -
two from each of the three sizes – major, medium, and tiny. One of the
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122 are nominated by three different organisations: the University Grants
Commission, the Sahitya Academy, an d the Bar Council of India. Five
other members are from Parliament, all of whom are unrelated to the
newspaper industry: three from the Lok Sabha (to be nominated by the
Lok Sabha Speaker) and two from the Rajya Sabha (to be nominated by
the chairman of th e Rajya Sabha).
The chairperson's and other members' terms of office are three years. If
new Lok Sabha elections are held, or if those in the Rajya Sabha complete
their term in that chamber, MPs' PCI membership is immediately ended.
For another three -year term, the chairperson and members are available
for re -nomination. The Chairperson is a full -time officer, whereas the
other members are not, but they are paid all allowable allowances if a
meeting is held.
Objections from functions
The Press Council of In dia Act has given it a number of responsibilities.
The Press Council of India's two most important goals, however, are to
defend journalistic freedom and to maintain and improve press standards.
In this regard, the Council hears complaints from journalists in order to
defend press freedom. It also hears complaints from the public on media
and journalists.The Chairman has the authority to take up any complaint
on his own initiative.
Power to censure
If it is determined that a newspaper's or news agency's nor ms of
journalistic ethics or public taste have been violated, the Council has the
authority to penalise the editor or journalist. Only after a thorough
investigation by the Council will such action be taken. Any complaint that
is already ongoing in a court of law is not taken up by the Council. The
Council is primarily supported by the federal government. It has the
authority to charge newspapers and news agencies fees based on
circulation.
Some of the PCI's key adjudications and guidelines on issues of nat ional
relevance are worth mentioning here. These include communal writings
and comments on communalism in the press; libel and defamation cases;
objectionable investigative reporting; obscenity and vulgarity in news
stories, features, and other forms of me dia; right to reply; right to privacy;
denial of advertisements to newspapers and magazines; press freedom;
and improper use of press freedom by journalists of newspapers and news
agencies.
It should also be noted that, in collaboration with the Indian Law Institute,
PCI has developed a code of conduct for journalists and conducted studies
on the protection of journalists' confidential sources of information,
journalistic conduct norms, press coverage of terrorism, communal
disturbances, general election co verage, AIDS coverage, and a variety of
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123 complaint system, on the other hand, takes a long time and is not user -
friendly. It has no sanctioning authority over the erring press. As a result,
it is often referred to as a 'paper tiger' or a 'toothless tiger.'
The Press Council of India has requested stronger punitive powers against
erring newspapers on several occasions, but the government has never
agreed. There is concern that if the demand i s granted, it may become a
vehicle for unconstitutional censorship. There has also been a call for the
establishment of a media council in place of PCI, which would cover
publications and television broadcasts. PCI currently only works with
newspapers. Whe n there were no private news channels in 1978, the
current Press Council of India was formed. Today, newspapers and
television channels compete for ad income as well as for the presentation
of news. In light of these conditions, there has been a call for t he creation
of a single organisation to handle complaints against the press and
television stations.
It's worth noting that India has a statutory press council, unlike most other
countries of the world with strongly established democracies have
voluntary p ress councils. Sweden, Canada, the United States, Australia,
New Zealand, and other countries have self -regulatory press institutions.
Check your Progress
1) Discuss composition
2) Discuss the working journalist act, 1955
3) Discuss PCI in detail
11.6 OMBUDSMAN
The contemporary use of the term ombudsman arose in Sweden, with the
government appointing a Swedish Parliamentary Ombudsman in 1809 to
protect citizens' rights. It was similar to a supervisory agency separate
from the executive branch. In general, an ombudsm an is someone who
deals with public complaints, investigates them, and strives to reach
mutually acceptable solutions in a non -formal setting. Ombudsmen have
been appointed in the banking and insurance sectors in India. They can
also work in hospitals, uni versities, and other establishments. Another
viewpoint is that an ombudsman is appointed by a government agency to
investigate complaints against a person or a company.
According to Stephen Pritchard, president of the American Organization
of News Ombudsme n, a news ombudsman receives and examines
complaints concerning truth, fairness, balance, and good taste in news
coverage from newspaper readers, radio and television listeners, and
viewers. To rectify or clarify news reporting, the ombudsman suggests
suitable remedies or reactions.
Several newspapers, television stations, and radio stations in the United
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124 national daily newspaper in India to have its own ombudsman. Former
Supreme Court of Ind ia Chief Justice P.N. Bhagwati held the job for a few
years, but The Times of India abruptly resigned without citing any reason.
The Hindu now has an ombudsman, known as the Readers' Editor. The
ombudsman of the New York Times is known as the Public Editor . It is
also known as readers' representative, readers' advocate, and so on in
different organisations.
Need for Ombudsman
Media organisations support the creation of an ombudsman institution in
order to "enforce journalistic ethics." In many nations, howe ver, it has
become a "feature of self -regulatory apparatus." Furthermore, it is widely
held that a "effective ombudsman" should be recognised as a
representation of the community by both management and the public, and
should have access to space in the new spaper or air time on the station if
they disagree with institutional decisions. An ombudsman should also
have some level of seniority or status in the sector.'
Functions of Ombudsman
The functions of the ombudsman are derived from the fundamental ideals
of journalism ethics. While professional media organisations establish
journalistic ethics rules, the ombudsman's media office plays an important
role in prescribing specific do's and don'ts for the ombudsman.
The Ombudsman examines the newspaper's news and feature columns, as
well as all editorial materials, for fairness, accuracy, and balance, and to
bring problematic news items to the attention of the news staff.
It's worth noting that no two ombudsmen work in exactly the same way.
All of them, however, c heck news items, columns, features, photos,
cartoons, and other graphic materials for accuracy, fairness, and balance.
The materials that they consider to be below newspaper standards are
brought to the editor's attention, who then directs them to the edit orial staff
who are responsible for developing, writing, or supplying these materials.
Items that are regarded improper or unsatisfactory are frequently reviewed
further, and responses or comments are issued to people who raise issues.
Those in charge of s uch publications are expected to explain themselves to
readers, viewers, and listeners, if appropriate. Many press ombudsmen
also publish periodic essays explaining why they are criticising or
applauding stories, features, and other resources.
Ombudsmen so metimes organise public forums or readers' forums in order
to build a stronger relationship with the public. The goal of this type of
practise is to communicate directly to the audience and explain media
methods or traditions. However, in the vast majority of cases, news
ombudsmen serve simply as advisors, not as enforcers.
The Organization of News Ombudsmen was founded in the United States
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125 reporting, thereby enhancing their own credib ility among the people they
serve; to establish and refine standards for the job of news ombudsman or
readers' representative; to assist in the wider establishment of the position
of news ombudsman on newspapers and elsewhere in the media; to
provide a for um for exchanging experiences, inf
"Ombudsmen are considered representatives of the public; they should
also be even -handed in their handling of complaints," writes a well -known
American researcher, Professor Louis A. Day, in his book Ethics in Media
Commu nication. They must be honest with their readers as well as their
newspapers' and editors' editors.
The public's impression of ombudsmen, who are sometimes seen as
cosmetic responses to reader criticism, has been a concern.... The purpose
of the Ombudsman is to promote the constructive role of readers'
representatives.
Ombudsmen can serve as a forum for constructive criticism as well as a
venue for readers' complaints about newspapers."
Almost all major media firms, both in India and overseas, have an inter nal
mechanism for reviewing their content on a regular basis. The New York
World (1860 -1931), whose famed owner -editor Joseph Pulitzer (1847 -
1911) is responsible for its popularity, had a Bureau of Accuracy and Fair
Play in the early 1910s, but no ombudsma n. The Times of London and the
Financial Times of London do not have an ombudsman, but they do have a
detailed protocol for dealing with public complaints and making
corrections as needed. The Guardian is currently the only national
newspaper in the United Kingdom with an ombudsman.
11.7 INDIAN PENAL CODE AND CRIMINAL
PROCEDURE CODE
As mentioned before in this section, there are a slew of specific laws and
rules that journalists must follow in order to operate within the confines of
the law. Aside from that , law enforcement officials around the world must
double -check that there are appropriate legal tools in place to prosecute
individuals who disobey specific laws that apply professionally to illegal
offences committed by any citizen, including journalists and media
personnel. A nation state's general law and order structure, in addition to
professional limitations, has various regulations. In India, for example, the
Indian Penal Code (IPC) of 1860, the Criminal Procedure Code (CrPC) of
1973, and numerous mo re laws exist to maintain the country's basic law
and order situation. It is critical that you understand some provisions of
the IPC that are relevant to your profession.
Section 124 A of Indian Penal Code
Writing, Publishing, or Selling Seditious Material : Under this section,
"whoever brings or attempts to bring into hatred or contempt, excites or
attempts to excite disaffection towards, the government established by law
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126 be added, or with imprisonment for three years, to which fine may be
added, or with imprisonment for life, to which fine may be added, or with
imprisonment for three years, to which fine may be added, or with
imprisonment for three years, to which
"Disaffection encompa sses betrayal, plotting to destabilise a legally
elected administration, and promoting attitudes of sedition and hatred."
This provision also states that anyone who publishes materials that "incite
violence or cause public disorder, or is intended to do so , or has a
tendency to do so with the intent of overthrowing the government
constituted by law" would be penalised. As a result, any publication of
such ideas in a newspaper, magazine, or book would be considered
seditious. Even selling items containing se ditious material would be a
violation of this clause, and hence criminal. The journalists, on the other
hand, would be free to remark on subjects of public interest and concern as
long as it was done fairly and without inciting hatred. However, such
remark s should avoid treason, sedition, or obscenity. As a result, it is in
the media's best interests to be vigilant in order to avoid being caught off
guard by any legal offence under the terms of this law.
Section 153 A of Indian Penal Code
According to Secti on 153 A (1), anyone who promotes or attempts to
promote disharmony or feelings of enmity between different groups on the
basis of religion, race, place of birth, residence, language, etc., and doing
acts prejudicial to the maintenance of harmony by words, either spoken or
written, or visible representations or otherwise, promotes or attempts to
promote disharmony or feelings of enmity on the basis of religion, race,
place of birth, residence, language, caste or community, or any other
According to Section 153 A (2), anyone who commits any act that is
prejudicial to the maintenance of harmony between different religious,
racial, language, or regional groups, castes, or communities, and disturbs
or is likely to disturb public tranquilly is punishable by up to three years in
prison, a fine, or both.
It should be noted that journalists who cover communal riots or
disturbances in India on a regular basis are likely to be caught up in the
provisions of this law. For this reason, the Press Council of India has
already created and framed particular guidelines for journalists reporting
terrorism, sectarianism, and communal unrest, and media persons are
recommended to pay close attention to them.
In addition to the provisions of the IPC stated above, media persons
shou ld be aware of the following parts of the IPC: Sections 171 G
(publishing false statements in connection with an election); Sections 292
(publishing and sale of obscene books, magazines, etc. ); Section 293 (sale
of obscene books intended for young persons ); Section 295A (deliberate
and malicious acts intended to outrage religious beliefs of any class); and
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127 intended to outrage religious beliefs of any class); and Sections (all relate
to law o f defamation discussed already).
Section 91 (court summons issued to media persons to produce
document); Section 93 (when a search warrant may be issued against
journalists in connection with a news story or article); Section 95 (power
to declare certain p ublications forfeited and issue search warrants for the
same); Section 96 (application to the High Court to set aside declaration of
forfeiture); Section 108 (security for good behaviour from persons
disseminating information).
It would be prudent for repo rters and correspondents covering such events
to be well -versed in these aspects.
11.8 PROFESSIONAL BODIES
Despite the fact that journalism is a more than 230 -year-old practise and
profession, well -known and legitimate associations, unions, or groups of
journalists only emerged after the country's independence in 1947. The
All-India Newspaper Editors' Conference, led by Durga Das, was the first
respectable gathering of top journalists to be established in 1948. Durga
Das was an Indian veteran journalist who eventually became the
Hindustan Times' editor. Following that, in 1950, the Indian Federation of
Working Journalists (IFWJ) was created, led by M. Chalapathi Rau, the
editor of the National Herald.
In 1972, the National Union of Journalists (India) was es tablished in
Delhi. This was a splinter faction of the IFWJ. In 1989, the IFWJ split
again, resulting in the formation of the Indian Journalists Union. However,
in recent years, several new organisations have emerged, including the
All-India Small and Medi um Newspapers Federation, the Editors Guild of
India, the Association of News Cameramen, Documentary Makers,
Women Journalists Association, and staff of several cable networks. The
Indian Newspaper Society, which was created in 1939 as the Indian and
Easte rn Newspaper Society, is the oldest organisation that primarily
represents newspaper proprietors. These journalist organisations have
made requests on behalf of journalists and media freedom from time to
time.
It's worth noting that the majority of these o rganisations have always been
concerned with pressing media issues.
Check your Progress
1) Discuss the Press and Registration of Books Act
2) Discuss the need for PCI
3) What is the Indian Penal Code?

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The law is a system of rules by which citizens go vern their conduct in
relation to one another and the state, and it is primarily intended to ensure
peace and serenity, law and order, and a climate of friendliness and
cordiality in society. When reporting crime news, court trials, parliament
and state as sembly proceedings, personal or government matters, for
example, several safeguards, considerations, and attention must be taken
to ensure that news reports originating from these sources do not violate
legal boundaries. Press & Registration of Books Act, 1867, Working
Journalists Act, 1955 and Press Council Of India Act, 1978 are some
important media related acts to refer to.
Media organisations support the creation of an ombudsman institution in
order to "enforce journalistic ethics." In many nations, how ever, it has
become a "feature of self -regulatory apparatus." In 1972, the National
Union of Journalists (India) was established in Delhi.
In 1989, the IFWJ split again, resulting in the formation of the Indian
Journalists Union. However, in recent years, several new organisations
have emerged, including the All -India Small and Medium Newspapers
Federation, the Editors Guild of India, the Association of News
Cameramen, Documentary Makers, Women Journalists Association, and
staff of several cable networks.
11.10 QUESTIONS
1. Enumerate some of the laws and regulations, which media persons
should
2. Why was Press and Registration of Books Act enacted?
3. Why was Working Journalists Act enacted? Is Working Journalists Act
applicable to audio visual media and news agenci es?
4. Do you think the Press Council of India should be invested with more?
powers?
5. What are the provisions of Section 153 A (2) IPC?
11.11 REFERENCES
• Basu, D.D. (2010), Law of the Press, LexisNexis Butterworths
Wadhawa, Gurgaon (Haryana)
• Radhakrishnamurti B. (1976), Indian Press Laws, India Law House,
Allahabad,
• Ravindranath, P.K. (2004), Press Laws and Ethics of Journalism in
India, Authors’ Press Delhi, New Delhi
• Sinha, K.P. (1997), Freedom of Press in India, Janaki Prakashan, Patna
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129 12
SOCIAL RESPONSIBILITY OF THE
MEDIA, INTELLECTUAL PROPERTY
RIGHTS AND COPYRIGHT IN INDIA
Unit Structure
12.0 Objective s
12.1 Introduction
12.2 Social Responsibility of Media
12.3 Responsibilities of Media
12.4 The Intellectual Property Rights
12.5 Copyri ghts
12.6 Types of Intellectual Property Rights
12.7 Emerging Issues of Intellectual Property Rights
12.8 Indian Patent ACT
12.9 Summary
12.10 Questions
12.11 References
12.0 OBJECTIVE S
● the value of the media;
● the current situation of the media in India; and
● the need for an ethical approach.
● Delineate the concept of intellectual property and property rights
● Explain the concept and significance of intellectual property rights;
● Discuss the different types of intellectual property rights;
● Describe the issue s and agenda of the intellectual property rights; and
● Explain the nature and objectives of the intellectual property rights

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As a powerful vehicle of communication, media has become an
inseparable part of our daily lives. It has made eno rmous inroads into the
homes and minds of millions of people, starting with print and progressing
to audio and then visual formats. The media's enormous influence may be
felt in all aspect of life, including the shaping of the nation's entire thought
proce ss. For the average person, media is one of the most enjoyable
aspects of their lives; for the intellectual, it stimulates thought. The media,
in its different forms, performs noteworthy labour and service by exposing
systemic flaws and raising issues on a national level. Sensationalism, on
the other hand, has become the trademark of the media today, with filthy
details and crime enthralling the nation into the wee hours of the night in
the name of news. However, the media aids in the promotion of positive
values while also exposing the negative aspects of the society system. A
bold media aids individual in realising their full potential and combating
all forms of injustice. The media has been given the status of the fourth
estate since it is one of the most potent vehicles for disseminating
information to the general public. Because of its potential to shape public
opinion and affect public policy in democratic societies, the media plays
an even more significant role.
12.2 SOCIAL RESPONSIBILITY OF MEDIA
We t end to flow into news, music, movies, education, advertising
messages, and other material through the media, which is the
communication channel through which we tend to flow. Newspapers,
magazines, televisions, radios, billboards, telephones, and the inter net are
all examples.
A democratic society is one that is controlled by, for, and by the people,
and that gives all citizens an equal opportunity to participate and play a
significant role in the democratic process.
So, a democratic media is the idea that the media should be organised on
democratic principles rather than strictly commercial ones, with the goal
of achieving openness, inclusivity, one -person -one-vote, and other
fundamental democratic notions. India is an uncommon example of a
vibrant democrac y with a diverse political landscape because of its huge
religious, ethnic, and linguistic diversity. Print media (newspapers,
magazines), broadcast media (TV, radio), outdoor or out -of-home (OOH)
media, and the internet are the three main types of media ( Social Media).
The media serves as a link between citizens and the government, as well
as a powerful tool that has the ability to shape and break public opinion.
Without a free press, democracy cannot succeed. It is crucial since it is the
people's voice; nonetheless, the media must not succumb to monetary or
other temptations and must remain committed to serving people honestly.
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131 It is crucial in the development of human minds. It informs citizens and
the gener al public on current events in politics, sports, economics, social,
and cultural spheres. By acting as a mirror, it reflects both the blank truth
and the unpleasant facts. It does, however, play a significant role in
moulding public opinion and, by extensi on, democracy.
It is seen as the backbone of democracy because it empowers individuals
through information. The media also organises debates on current events
and opposing policies, allowing for a wide range of viewpoints to be
expressed.
To a human, the power of speech is euphoria. The right to freedom of
speech and expression has been recognised as a unique feature of
democratic societies. The freedom of the press is protected under Article
19 (1) (a) of the Indian Constitution.
It isn't directly specif ied, but it is required because the press and a person
or citizen have the same freedom to express themselves. Though the press
and media have freedom to express their opinions, these liberties are not
unlimited and are subject to limitations. The Supreme Court ruled in
Romesh Thappar v. State of Madras that the Government of Madras had
barred the entry and circulation of the English newspaper "Cross Road,"
which was printed and published in Bombay. The same was found to be a
violation of freedom of speech and expression since "publication would be
of little value without the freedom of circulation."
The Supreme Court declared in Union of India vs Association for
Democratic Reformsthat freedom of speech and expression encompasses
the right to give and receiv e information, as well as the freedom to express
oneself.
The Daily Newspapers (Price and Page) Order of 1960, which increased
the number of pages and size that a newspaper might publish for a fee,
was deemed to be an affront to press freedom and not a leg itimate
restriction under Article 19 of the Constitution (2).
12.3 RESPONSIBILITIES OF MEDIA
The press and others associated with the media bear a greater
responsibility to society and, as a result, to the people of this country. In
the new scenario, when we are confronted with multiple challenges with
machinery and, as a result, the general public is required to face the
challenges of globalisation and international developments, the press,
administrative machinery, and the general public are required to f ace the
challenges with great sincerity. Thus, the smooth functioning of
democratic procedures, the legislature's vigilant eye, and, at the same time,
public opinion and press freedom must be maintained, of course within
constitutional boundaries and permi ssible restrictions. The media in a
democratic country such as India has the following responsibilities:
i. To provide individuals with unbiased information. The facts will not be
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ii. To play a cri tical role in empowering individuals with knowledge in
order to widen their thinking. It is the responsibility of the media in a
country like India, where there is a high proportion of illiteracy, to convey
knowledge and broaden people's perspectives.
iii. To fairly criticise any action goes against the spirit of fairness and the
foundations of democracy.
iv. To put the principle into effect and play a critical role in launching the
proper procedure against societies accused of antisocial behaviours,
regard less of political affiliation.
v. To instil a sense of community and fraternity among individuals, as well
as a belief in democracy and fairness. The civilians of India will be able to
experience democracy in its genuine sense if the media keeps scrupulous ly
to its responsibilities.
The media's influence and power in democratic societies is legendary. The
media serves as a watchdog for the government, reporting on all of the
administration's acts and keeping the public informed about what is going
on in the ir community on a daily basis. Transparency and authority are
required for a democratic system to work properly. Without a free press,
democracy cannot succeed. Because the press is the people's voice, it is an
inseparable aspect of democracy. Citizens hav e the right to freedom of
speech and expression, for example.
The media is democracy's sword arm, and it plays a critical role in Indian
democracy. Every person is a vehicle for expression. The media plays a
critical role in educating people about societa l ills such as child marriage,
the killing of a female unborn child, and the harmful practise of child
labour, among others. Modern media, particularly electronic media, has
improved the quality of the democratic process by giving a forum for
public input on national and social issues in a way that can affect the
government.
12.4 THE INTELLECTUAL PROPERTY RIGHTS
Intellectual property (IP) is a word that refers to the distinct and unique
works of an individual's intellect for which the individual's property rights
are recognised. This unit will go over the definition of the term as well as
other relevant subjects in depth. Individuals must be granted property
rights for the originality of their works, inventions, and discoveries, as
well as innovations, in or der to appreciate and regard the human resource.
The unit will also discuss the intellectual property rights' varied concerns
and priorities.
The unit begins with a definition and description of intellectual property
and intellectual property rights. The c oncept of intellectual property rights
is then defined. We propose an intellectual property form and analyse
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133 property rights are next discussed, followed by an examination of the
many c hallenges that arise as a result of intellectual property rights.
Concept of Intellectual Property Rights
Intellectual property (IP) is a term that refers to mental inventions that are
unique in nature and have not been reproduced by anyone or anywhere.
Inventions, literary and artistic works, symbols, names, images, and
designs utilised in business are all examples of intellectual property. Since
millennia, the term "intellectual property" has been used.
"Only in this way can we protect intellectual prope rty, the labours of the
mind, productions and interests are as much a man's own...as the wheat he
cultivates, or the flocks he reads," wrote Justice Charles L. Woodbury in
one of the court judgments in 1845. 1 Woodb. & M. 53, 3 West.L.J. 151, 7
F.Cas. 197, No. 3662, 2 Robb.Pat.Cas. 303, Merw.Pat.Inv. 414; 1 Woodb.
& M. 53, 3 West.L.J. 151, 7 F.Cas. 197, No. 3662; 2 Robb.Pat.Cas. 303,
Merw. The phrase "discoveries are...property" dates back to a previous
era. The World Intellectual Property Organization (WIP O) was founded in
1967 as a result.
Intellectual property can be divided into two categories: I individual
property and (ii) copyright.
Individual property refers to properties that are unique and intangible in
character, and are tied to commercial or indu stry-related items, such as
inventions (patents), trademarks, industrial designs, and geographic
indications of origin.
Literary and artistic works such as novels, poetry, and plays, films,
musical works, articles, and artistic works such as drawings, pain tings,
pictures, and sculptures, as well as architectural designs, all fall under the
category of copyright. Copyright includes performing artists' rights in their
performances, phonogram makers' rights in their recordings, and
broadcasters' rights in thei r radio and television shows.
An individual, like any other tangible property, has the right to own and
preserve its mind's original creativity. Intellectual property is the term for
such a right. An intellectual property right establishes ownership, and
anyone who want to use it must first obtain permission from the owner. If
such creations are exploited without permission, legal action may be taken
against the individuals involved.
CONCEPT OF INTELLECTUAL PROPERTY RIGHTS
Intellectual property rights are o ne of the most commonly discussed topics
in scientific circles, and protecting scientific discoveries with commercial
potential is one of the most important considerations. Human knowledge
is equally valuable in this day, when persons are viewed as valuabl e
resources by organisations, and it may propel organisations to new
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134 Based on western scientific philosophy and knowledge generating
methods, knowledge is assumed to be the result of individual creativity.
Intellectual property rights, in this par adigm, are property rights to
products of the mind, which are the consequence of an individual's
knowledge and creativity. Intellectual property rights confer legal
ownership of mental inventions, encompassing both artistic and
commercial works. Owners of intangible assets are granted exclusive
rights under intellectual property law, as well as the financial incentive of
monopoly profits.
NATURE OF INTELLECTUAL PROPERTY RIGHTS
Except for copyright, which is global in nature in the sense that it is
immediate ly available in all countries of the Berne Convention, IPR are
generally territorial or geographically based rights (that is, they may differ
from country to country). These are monopoly rights, which means that no
one can use them without the permission o f the right holder. All
intellectual property rights, with the exception of copy rights and trade
secrets, must be renewed on a regular basis. IPR, like any other property,
can be assigned, gifted, sold, and licenced. Geographic indications, on the
other h and, could be used to safeguard particular agricultural and
traditional items.
OBJECTIVE OF INTELLECTUAL PROPERTY RIGHTS
Intellectual property rights seek to achieve the following goals:
1) It aids in the protection of an individual's creation's ownership and
originality.
2) It acknowledges the person or authority in question.
3) It permits intellectual property owners to profit financially from the
assets they have developed.
4) They are given financial incentives to create intellectual property and to
bear the costs of intellectual property investment.
5) These rights encourage people to be more creative, which helps the
economy flourish.
6) It can also provide financial assistance to the rightholder through the
monopoly of their creations.
7) It helps an individual's financial situation as well as the country's
economy.
Intellectual property rights in India
In India, the importance of intellectual property is well recognised at all
levels: legislative, administrative, and judicial. India has approved the
World Trade Organization (WTO) accord (WTO). This agreement
includes, among other things, a Trade Related Aspects of Intellectual
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135 1995. It establishes minimum criteria for the protectio n and enforcement
of intellectual property rights in member nations, requiring them to
encourage effective and adequate intellectual property rights protection in
order to reduce trade distortions and barriers. The TRIPS Agreement
imposes duties on member nations to provide a minimum level of
protection within their legal systems and practises.
The Agreement establishes norms and standards in the domains of
intellectual property listed below:
• Copyrights and related rights
• Trademarks
• Geographical Ind ications
• Industrial Designs
• Integrated Circuit Layout Designs
• Undisclosed Information Protection (Trade Secrets)
• Plant varieties
• Patents
Period of Transition
India, as a developing country, has a five -year transition time (from
January 1, 199 5) to implement the Agreement's terms (until January 1,
2000). A five -year transition period, ending January 1, 2005, is also
available for expanding product patent protection to previously
unprotected areas of technology. This would mostly be in the
pharm aceutical and agricultural chemical industries.
Copyrights
The Indian Copyright Act of 1957, as revised by the Copyright
(Amendment) Act of 1999, completely implements the Berne Convention
on Copyrights, to which India is a signatory. India is also a signa tory to
the Universal Copyright Convention and the Geneva Convention for the
Protection of Rights of Producers of Phonograms. India is also a member
of the World Intellectual Property Organization (WIPO) in Geneva and the
United Nations Educational, Scient ific, and Cultural Organization
(UNESCO).
The copyright legislation has been updated on a regular basis to keep up
with evolving needs. The most recent update to the copyright law, which
took effect in May 1995, brought about significant revisions and brou ght
the copyright legislation in step with advances in satellite broadcasting,
computer software, and digital technology. For the first time, the new law
includes safeguards to protect performance rights as outlined in the Rome
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136 12.5 COPYRIGHTS
• The Indian Copyright Act, 1957, completely implements the Berne
Convention on Copyrights, to which India is a signatory.
• India is also a member of the Geneva -based World Intellectual
Property Organization.
• The Act protects literary, artistic, and performa nce rights by making it
illegal to reproduce them 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 required for acquiring copyright or
enforcing copyright throu gh a lawsuit.
• Original literary, dramatic, musical, and creative works –
Cinematography films – The Copyrights Act covers the following
types of work:
— Recording audio
Copyright infringement
Infringement occurs when a copyright is used illegally or when i t is
exploited without the author's permission. The following are the governing
principles for determining copyright infringement:
• There can be no copyright in an idea, subject matter, themes, narratives,
or historical or legendary facts, and any infring ement in such situations is
limited to the creator of the copyrighted work's form, manner, and
arrangement and presentation of the idea.
When the same idea is developed in a different way, it shows that the
source, Intellectual Property Rights, is common. As a result, there are sure
to be parallels. In such circumstances, the courts should consider whether
the similarities are on essential or substantial parts of the copyright work's
form of expression. If the defendant's work is merely a literal limitation of
copyright variations, the case will be dismissed. To put it another way, for
a copy to be actionable, it must be significant and material, which
immediately leads to the judgement that the defendant has committed
piracy.
• If the reader, spectator, or viewer is clearly of the opinion and gets an
unmistakable impression that the subsequent work appears to be a copy of
the original after reading or seeing both works, there is no question of
copyright violation. • If the theme is the same but is presented and treated
differently so that the subsequent work becomes a completely new work,
there is no question of copyright violation.
• However, where, in addition to the similarities between the two works,
there are also material and broad dissimilarities that contradict the purpose
to duplicate the original and the co -incidences between the two works are
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137 The Copyright Act has been kept out of the way of fair dealing with any
work.
In sophisticated a nd technical areas of copyright violations, the court may
seek the advice of an expert (s).
• The test for detecting piracy is to determine if the original's faults and
deviations have been replicated.
• Laws restricting human enterprise should be viewed broadly, and the
Copyright Act should not be interpreted to exclude study and
scholarship.
• The plaintiff has the burden of proving to the court that the defendant
has infringed on his copyright.
• Innocence is not a defence to an infringement prosecut ion. Because an
infringement is in the nature of an invasion of a property right, the
infringer's motive is irrelevant as long as there is an infringement.
• The effect, not the purpose, is relevant in determining whether or not
there has been an infringe ment.
• Even if the literary work was not registered, the owner of the literary
work could sue for copyright infringement. The failure to register a
work does not exclude a lawsuit for infringement.
Exceptions to copyright infringement
Infringement does n ot include, among other things, the following actions:
Fair dealing with a literary, dramatic, musical, or artistic work that is not a
computer programme for private use, including research, criticism, or
review, making copies of computer programmes for ce rtain purposes, and
reporting current events in newspaper magazines or by broadcasting,
cinematography film, or photography.
• Reproduction of court proceedings and reports, exclusively for the
benefit of Members of the Legislature, in a certified copy deliv ered in
line with law (creative work prohibited).
• Public reading or reciting of literary or dramatic excerpts.
• In some cases, publication in a collection for use in educational
institutions.
• Reproduction by a teacher or a student during a lesson, on questi on
papers, or in answers.
• In specific instances, performance in the course of educational
institution activities.
• In certain circumstances, causing a sound recording to be heard in
public by playing it in a closed room or in a club.
• A performance in a non -paying audience or for religious institutions in
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138 • In certain cases, reproduction of an article or topical, economic,
political, social, or religious issues in newspapers and magazines.
• The owner of the copyright in an existing work or the p otential owner
of the copyright in a future work may assign the copyright to anybody,
in whole or in part, generally or conditionally, and for the whole life of
the copyright or any part thereof.
• The owner of the copyright in any existing work, or the pros pective
owner in any future work, may give any interest in the right by a
licence signed by him or his duly authorised agent in writing.
Several efforts have been implemented to improve and streamline
copyright enforcement. The creation of a Copyright Enfo rcement
Advisory Council, training programmes for enforcement officers, and the
establishment of special policy cells to deal with copyright infringement
cases are among them.
Patents and Trademarks
Any symbol, or combination of signs, capable of distingui shing one
undertaking's goods or services from those of other undertakings has been
defined as a trade mark. Under the TRIPS Agreement, such identifying
marks are considered protectable subject matter. The Agreement stipulates
that the original registratio n and each subsequent renewal shall be for a
period of not less than seven years, with the registration being renewable
forever. Licensing of trade marks on a compulsory basis is not
permissible.
A comprehensive review of the Trade and Merchandise Marks Ac t, 1958
was conducted in light of changes in trade and commercial practises,
globalisation of trade, the need for simplification and harmonisation of
trade mark registration systems, and other factors, and a Bill to repeal and
replace the 1958 Act was pass ed by Parliament and notified in the Gazette
on December 30, 1999. This Act harmonises Trade Marks Law with
worldwide systems and practises, as well as making it TRIPS compatible.
The law is now being implemented.
The Trade and Merchandise Marks Act of 195 8 is a federal law that
regulates the use of trade and merchandise marks.
An act to provide for the registration and improved protection of trade
marks, as well as the prevention of the use of counterfeit markings on
goods.
Check your Progress
1) What are IPR ?
2) Discuss the need for patents and trademarks.
3) Discuss the Copyright act.

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139 12.6 TYPES OF INTELLECTUAL PROPERTY RIGHTS
The term "intellectual property" refers to the ownership of an intellectual
work rather than the work itself. Depending on the nature of the work,
intellectual property rights can be divided into several categories.
Copyrights, trademarks, patents, industrial design rights, and trade secrets
are the most frequent categories of intellectual property, as detailed below:
1) Copyrigh t: This is a legal right that the owner of a literary or artistic
work has. The right to control the publication, dissemination, and
modification of creative works is an exclusive right. Copyright laws
govern the intellectual property rights of creative works such as articles,
books, music, software, and paintings, among other things.
For a limited time, the owner, also known as the copyright holder, retains
the right. The work can be republished or duplicated by others as time
passes.
A copyright usually lasts for th e duration of the owner's life and up to 50
to 100 years after death.
The right to use anonymous works lasts for 95 years after publication or
120 years after creation in the case of anonymous works.
2) Trademarks : Certain insignia issued by companies, pol itical parties,
governmental entities, and other running institutions can be used to
identify or recognise them. These symbols are trademarks, which are
commonly used to identify a certain product and to designate its source. A
trademark is a set of words, phrases, symbols, logos, designs, images, or
gadgets used by an individual, legal entity, or business to differentiate
their products from those of others. Reebok/LG/Whirlpool/Godrej, for
example, may be identified by their emblem, which is embossed on th eir
items. Another example is the logos of non -governmental organisations
(NGOs) such as WHO, UNICEF, and others, which distinguishes these
organisations from one another.
The businesses have their trademarks registered, and these trademarks are
legally pr otected. If these trademarks are ever misappropriated, the owners
can take legal action against the people who do so. The right to trade
marks protects a company's or institution's products and services that aid
in the development of its brand, including p harmaceuticals.
They can be registered on a national or worldwide level, giving them the
right to use the TM mark. The letters TM are appended to an unregistered
trade mark. If a competitor or anybody else uses the same or similar name
to trade in the same or related field, this can be enforced in court.
3) Patents : Patents are intellectual property rights that are tied to new
discoveries. Patents protect novel products, processes, and apparatus. The
right to patent states that the innovation is not evident in light of previous
work, that it has not been reproduced, and that it has not been disclosed
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140 granted to inventions that have a practical application. Persons who invent
a new mac hine, process, object of manufacture, or composition of matter,
as well as biological discoveries, are granted this right.
There are various patent standards that vary from nation to country, and
one's innovation must match these criteria in order for one' s rights to be
protected. In general, the innovation must be novel, imaginative, and
useful or industrially applicable.
In order to get a patent for his or her invention, the person must first
register. Once a person receives a patent for an invention, he or she has the
only right to prevent anyone from creating, using, selling, or distributing
the patented invention without permission. A patent is generally valid for
20 years from the date of filing the application (for the patent).
4) Industrial design ri ghts: These rights, which fall under the umbrella of
intellectual property, protect the appearance of goods. These rights are
given to products that stand out because of their unique shape or pattern. A
design can take the form of a shape, colour, pattern, or a mix of these
elements. It could be a manufactured item or a handcrafted item. The
design can be two -dimensional (based on pattern, colours, and lines) or
three -dimensional (based on texture, colours, and lines) (as per shape and
surface).
The right i s granted based on a number of characteristics, including
novelty, inventiveness, and aesthetic appeal. The owner of an industrial
design right has the only right to manufacture and sell any goods to which
the design is applied.
The permission is granted f or a term of ten to twenty -five years. The
design must be registered either on a national level or as part of an EU
(European Union) -wide single right.
5) Trade secrets: Trade secrets are the rights awarded to a company's
designs, procedures, formulas, ins truments, processes, recipes, patterns, or
concepts in order to acquire a competitive edge.
The owner of a trade secret has no control over anyone who obtains access
to the secret on their own, but he can restrict anyone who has learned it
from the owner f rom using it. An employer, for example, can protect trade
secrets by negotiating contracts with his staff. It is distinct from other sorts
of intellectual property in that the owner is responsible for keeping the
secret, and it is not protected by governme nt rules. Once a trade secret has
been revealed, it can be used and abused by anyone else.
12.7 EMERGING ISSUES OF INTELLECTUAL
PROPERTY RIGHTS
Having a copy right over one's intellectual work is, without a doubt, a
serious matter not only for the individu al or the organisation, but it is also
a substantial contribution and a matter of national renown. However, there
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141 process and the concept of intellectual property rights. The following are
only a few of them:
1) Piracy of natural and biological resources: In order to establish
global economy, governments adopt and take up the biological and natural
resources of other countries. These resources, which may have originated
elsewhere, may b e recognised and patented elsewhere simply due to the
home country's neglect or ignorance. For example, the free movement of
neem seeds from farms, fields, and commons to firms like W. R. Grace for
export; the transfer of basmati rice varieties from India to boost the US
rice economy. There are no laws or legal remedies in place to combat such
irrationality or ignorance.
2) Intellectual and cultural piracy: In order to compete and obtain
recognition as well as better financial conditions, communities and th e
country's unique activities, cultural and intellectual heritage are openly
taken. Many times, nations and groups claim intellectual property rights
that do not belong to them and were not taken without previous
acknowledgement or consent from the actual location. Consider the usage
of the brand term 'basmati' by US firms for fragrant rice, or Pepsi's use of
the trade name 'Bikaneri Bhujia' by Pepsi. Such practises are disputed and
suspect.
3) Economic piracy: Using trade names, domestic and international
markets are hijacked or taken over in a variety of situations, destroying
local and national economies where the original innovation occurred. This
has a negative impact on millions of people's livelihoods and economic
existence. For example, US rice trade rs are snatching European markets
from small -scale Indian manufacturers of neem -based biopesticides, and
Grace is snatching the US market from small -scale Indian producers of
neem -based biopesticides.
4) Internet piracy: It is extremely difficult for count ries and organisations
to protect their intellectual property and trade secrets in today's digital
environment. The internet and intranet are two common ways for
confidential and original information to be leaked.
5) Copyright infringement: Many times, the re are serious violations of
the law, where competitors use domestic and literary work without the
permission of the person concerned.
SIGNIFICANCE OF INTELLECTUAL PROPERTY RIGHTS
An intellectual property right is a valuable right that recognises and
rewar ds an individual's creativity and originality as a result of his or her
mind and brain. As a result, it has a great deal of significance. The
following are a few of them:
• Intellectual property rights give incentives and recognition to
individuals, govern ments, nations, institutions, and organisations;
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142 Industrial designs are what make a thing desirable and appealing; as a
result, they boost the product's commercial worth and market ability.
• The features of a good advertisement, like the elements of a good
product or service, are likely to be mimicked or duplicated by others. As a
result, it's not uncommon that one or more types of IP rights are involved
in the creation of ad conten t or the execution of an ad campaign.
12.8 INDIAN PATENT ACT
The first patent laws in India were enacted in 1856. These were changed
on a regular basis. Following independence, the Indian Patent Act 1970
was enacted, which established new patent laws.
India joined the Paris Convention, the Patent Cooperation Treaty, and the
Budapest Treaty throughout the process of these revisions.
The revised Act's most notable and significant aspects are that an
invention may satisfy the standards of novelty, creativity, and usefulness,
but claiming a compound without specifying its use may result in a patent
being denied.
Check your Progress
1) What is the importance of a patent?
2) What are the emerging issues of patents rights?
3) What is the significance of Industrial Design Rights?
12.9 SUMMARY
Media social responsibility, IPR, and copyright in India must be studied
for numerous reasons:
1. To hold the media accountable: The media has a major influence on
society, hence they must be held accountable. Understanding media
social responsibility can help us hold them accountable for harm caused
by their reportage.
2. To defend intellectual property rights: Creators and inventors need IP
protection. IPR helps us comprehend intellectual property laws and
avoid infringement.
3. To stim ulate innovation: Understanding IPR encourages creators and
innovators to create new and inventive works.
4. To prevent copyright infringement: Copyright violation can result in
fines and jail time. Studying copyright rules and regulations helps
people and businesses avoid legal trouble.
5. To promote a fair and just society: Understanding the media's social
responsibility, IPR, and copyright may stimulate and safeguard
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143
Studying media, IPR, and copy right social responsibility in India is crucial
for fostering a fair and just society, safeguarding intellectual property,
supporting innovation, and avoiding legal issues.
12.10 QUESTIONS
1. State the responsibilities of Media towards society.
2. Explain the ob jectives of intellectual property rights.
3. Describe in detail ‘Indian Copyright Act,1957’.
4. State the types of Intellectual Property Rights.
5. Discuss the emerging issues of Intellectual Property Rights
12.11 REFERENCES
• Intellectual Property Licensing: Forms and Analysis, by Richard
Raysman, Edward A. Pisacreta and Kenneth A. Adler. Law Journal
Press, 1999 -2008. ISBN 973 -58852 -086-9
• Property as a common descriptor of the field probably traces to the
foundation of the World Intellectual Property Organisation (W IPO)
by the United Nations.” in Mark A. Lemley, Property, Intellectual
Property, and Free Riding, Texas Law Review, 2005, Vol. 83:1031,
page 1033, footnote 4
• Brad, Sherman; Lionel Bently (1999). The Making of Modern
Intellectual Property Law: the British E xperience, 1760 -1911.
Cambridge University Press. pp. 207.
• Mark A. Lemley, “Property, Intellectual Property, and Free Riding”
(Abstract); see Table 1: 4 -5.
• Mossoff, A. ‘Rethinking the Development of Patents: An Intellectual
History, 1550 -1800,’ Hastings La w Journal, Vol. 52, p. 1255, 2001
• Levine, David; Michele Boldrin (2008 -09-07). Against Intellectual
Monopoly. Cambridge University Press.
• Schechter, Roger E., and John R. Thomas. Intellectual Property: The
Law of Copyrights, Patents and Trademarks. New Yor k:
West/Wadsworth, 2003, ISBN 0 -314-06599 -7.

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144 13
HUMAN RIGHTS, ANIMAL RIGHTS
Unit Structure
13.0 Objectives
13.1 Introduction
13.2 Basic Concept of Human Rights
13.3 Six Features of Human Rights
13.4 Major Landmarks in the Development of Human Rights
13.5 National Human Rights Commission
13.6 Role of Non-Governmental Organizations (NGOs)
13.7 Animal Rights
13.8 Summary
13.9 Questions
13.10 References
13.0 OBJECTIVES
To explain the basic concept of Human Rights and Animal Rights;
To Classify the main categories of Human Rights;
To Recall the major land marks in the development of Human Rights;
To Trace the evolution of Human Rights and Animal Rights in India;
To Recognize the role of non -governmental organizations in the
promotion and protection of Human Rights and Animal Rights
13.1 INTRODUCTION
The mos t important thing to understand about human rights is that they are
inherent in human existence and are not a gift or treasure bestowed by any
political sovereign through legislation or edict. Any law dealing with these
rights has only one goal: to acknowl edge them, regulate their exercise, and
provide for their enforcement, as well as any associated issues.
This principle underpins the inviolability of some essential rights
in a civilised society. Human rights are universal, indivisible, and
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145 In practise, 'human rights' have been defined as all characteristics of a
dignified human existence that make each human being an equal part of
the human family. The essence of human rights is human di gnity. The
genuine scope of human rights is defined by a broad awareness of this
feature and appreciation of the range of human dignity.
13.2 BASIC CONCEPT OF HUMAN RIGHTS
Human rights have been classified in a variety of ways. The following are
some of th e categories:
Classical
These have been described to include civil and political rights, as well as a
general restriction on the state's authority in relation to activities that
impact individuals.
Fundamental and Basic Rights
With the recent increase in t he number of human rights, there is concern
that some of these rights will be diluted. As a result, the term "basic
rights" is frequently used to denote the importance of specific rights. Some
rights are so crucial that they must always take priority in na tional and
international policy. They cover all rights to personal dignity as well as
material requirements.
Individual and Collective Rights
The majority of human rights are concerned with the individual. However,
it will become clear that some of them ca n only be used by groups. This is
especially true when the ability to exercise rights is tied to belonging to a
specific group.
Rights of the First, Second, and Third Generations
Clearly, this division reflects the evolution of rights over time. The civil
and political rights come first, followed by the social, economic, and
cultural rights. In recent years, academics have begun to discuss the
existence of a third generation of rights, referred to as solidarity rights,
such as the right to peace, developmen t, food, and a clean environment.
Human rights are inextricably linked to change.
13.3 SIX FEATURES OF HUMAN RIGHTS
We can deduct from the preceding explanation that all human rights
categories have some characteristics. At least six characteristics are
fundamental to the concept of human rights.
1. People are entitled to some rights just because they are human.
Everyone has the right to a dignified and human life, and we must work
together to make this a reality for everyone. These rights are inalienable
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146 2. Human rights are universally recognised.
They don't care about nationality, race, gender, or skin colour.
Everywhere, people of all nationalities, colours, races, and religions have
the same rig hts. All developed and developing countries on all continents
must ensure that all of their residents have the same rights.
3. Human rights treat everyone equally.
This is based on the principle that "all human beings are born free and
equal in rights and dig nity," and hence deserve the same opportunities and
treatment, but also respecting their various cultures and traditions, political
beliefs, sexuality, social origin, and status. Governments must seek to
provide equal chances for all citizens of the countr y, which may require
additional effort to ensure equal opportunities for specific groups of
individuals, such as women, children, and the disabled.
4. These rights belong primarily to individuals
This suggests they're interested in the link between a person a nd the
government. As a result, it is the government's responsibility to build a
society in which each individual can fully enjoy and exercise his or her
rights.
5. The fundamental ideals of humanity are encompassed by human
rights.
These rights are regarded as essential for the growth of human personality
and the preservation of human dignity. The right to life, freedom from
slavery, and freedom from torture are examples of such rights.
Human rights promotion and protection are not limited to state borders,
but rather define certain concepts that apply globally.
Human rights hold countries responsible for ensuring that the
circumstances for the promotion, protection, and respect of human rights
are met.
13.4 MAJOR LANDMARKS IN THE DEVELOPMENT
OF HUMAN RIGHTS
The concept of a Bill of Rights is not new, as seen by its inclusion in
numerous early European national charters and constitutions.
The Magna Carta of 1215, the Union of Utrecht in 1579 (Netherlands),
and the British Bill of Rights of 1689 are all early E uropean charters that
support the idea of some fundamental freedoms.
These charters established some freedoms that might be claimed if one
had a certain status, and they were not all -inclusive, but rather conferred
on an individual. Over the next few centu ries, the concept of liberty
became more decoupled from social standing and considered as a
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147 This was also the period when the British colonies in North America
fought for independence, and in 1776, they drafted their own Declaration
of Ind ependence, based on the principles of universal equality and the
existence of certain inherent rights. These documents were subsequently
integrated into the United States Constitution's American Bill of Rights.
The French Declaration of the Rights of Man i n 1789 demonstrates the
concept's universal expansion.
The rights of the 18th and 19th centuries are known as "classic" rights
since they concern individual liberty and were adopted into many national
constitutions. In the domains of work, education, healt h, and welfare,
governments now give additional categories of rights. Social rights are
what these are referred to as.
The International Labour Organization (ILO), which was created in 1919
and is the inventor of several labour standards, was the first to enshrine
social rights in international regulations.
The horrific atrocities of World War II can be regarded to have marked the
beginning of the current 'period of human rights,' as they put an end to the
idea that it was up to each sovereign state to deci de how to treat its
population.
The United Nations Charter's Preamble reinforces faith in fundamental
human rights......." One of the United Nations' goals, according to Article 1
of the UN Charter, is to promote and encourage respect for human rights
and fundamental freedoms for all people, regardless of race, gender,
language, or religion. As a result, the international community has a
legitimate concern about human rights. Individually and collectively,
signatories to the UN Charter take on the responsib ility of advancing
human rights.
The United Nations Commission on Human Rights was created in 1946,
and it developed the Universal Declaration of Human Rights in less than
two years, which was ratified by the United Nations General Assembly
(UNGA) in 1948.
The International Covenant on Civil and Political Rights, as well as the
International Covenant on Economic, Social, and Cultural Rights, were
signed in 1966. These five documents make up the International Bill of
Human Rights, along with the First and Se cond Optional Protocols to the
International Covenant on Civil and Political Rights.
As a result, internationally recognised human rights have become a new
international "civilizational norm." Following WWII, a corpus of
international human rights law emer ged, reiterating the morally
compelling concept of adherence to shared standards of justice in order to
qualify for membership in the international community. It has evolved into
a criterion for political legitimacy. National and international legitimacy
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148 The evident emergence of universal human rights culture represents moral
progress and is a powerful response to grave dangers to human dignity
posed by contemporary political and economic tendencies.
Viewing development from a 'rights' perspective appears to be gaining
traction for long -term sustainability. With current slogans like 'Everyone
human rights for all' and 'The world is one family,' it appears that we are
all equally human. It's nothing new to us Indians. 'Sarve Bhavantu
Sukhinah' and 'Vasudhaiva Kutumbakam' have been our beliefs for a long
time.
Fundamental Rights are a set of rights that all people have. Individuals are
protected from violations of their human rights in this way.
Part IV of t he Indian Constitution contains the Directive Principles of
State Policy, which are essential principles of governance that must be
followed by the government while formulating policies. These include the
state's responsibility to maintain a social order t hat promotes people's
welfare, social justice, the right to work, education, and social security, the
provision of just and humane working conditions, the promotion of the
interests of the weaker sections, the duty to improve public health by
raising nutri tion and living standards, and the protection and improvement
of the environment, ecology, and wildlife, among others.
Furthermore, Article 51A outlines the Fundamental Duties of Every
Citizen, which comprise a wide range of responsibilities aimed towards
bolstering the guarantee of Fundamental Rights (Part IVA of the
Constitution). Article 226 empowers the High Court to use its powers in
the same way that Article 32 empowers the Supreme Court to enforce the
Fundamental Rights.
The constitutional mandate re quires the higher judiciary to protect and
enforce human rights. The rule of law, as well as judicial scrutiny, are both
fundamental features of our Constitution.
The Supreme Court of India has played an important role in increasing
human rights, and it ha s determined that Clause 21 of the Constitution is
the most fruitful article. In various cases, the Indian Supreme Court has
ruled that compensation should be paid for violations of the article's rights,
such as the right to human dignity, the right to a h ealthy environment, the
right to social security, and the right to childhood protection, among
others.
The impact of the 1948 Universal Declaration of Human Rights on the
Indian Constitution's drafting (Parts III and IV) can be felt throughout.
With minor reservations, India has ratified the Universal Declaration of
Human Rights as well as both Covenants.
13.5 NATIONAL HUMAN RIGHTS COMMISSION
The Protection of Human Rights Act of 1993 was adopted in India to
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149 State Human Rights Commissions in States, and other things related to or
incidental to human rights protection. Section 2(1)(d) of the Act defines
"human rights" as "individual rights to life, liberty, equality, and dignity
guaranteed by the Constitution or contained in international covenants and
enforceable by Indian courts." Section 12 enumerates the Commission's
functions, which cover a wide range of activities to enable the
Commission to not only investigate human rights violations or negligence
in the prevention of violations, but also to promote human rights culture
and perform any other function necessary for the promotion of human
rights.
Since its inception in 1993, the National Human Rights Commission has
served as a complemen t to the Supreme Court of India, undertaking
activities that the NHRC is better equipped to handle, such as monitoring
any situation or the functioning of an institution. The interdependence of
these institutions has greatly strengthened the country's huma n rights
protection apparatus, which is essentially a state obligation.
The Supreme Court's interpretation of the fundamental rights, particularly
Article 14 (right to equality) and Article 21 (right to life), has significantly
broadened the scope and mean ing of human rights in India.
The National Human Rights Commission has also construed its powers
under Section 12 of the Act to include, among other things, monitoring the
functioning of government institutions in order to ensure greater
protection of huma n rights and avoid violations. The National Human
Rights Commission sees itself as a catalyst for greater governance, with
the firm belief that only good governance based on the Constitution and
the rule of law can effectively defend human rights. The conn ection
between the two is obvious and direct.
The NHRC emphasised the nature and scope of the state's responsibilities
for human rights protection in its orders issued in the wake of recent
Gujarat communal unrest. "It is the primary and unavoidable
respon sibility of the State to preserve the right to life, liberty, equality, and
dignity of all people who comprise it," the Commission stated. It is also
the state's responsibility to ensure that such rights are not infringed upon,
either directly or indirectl y, through abetment or neglect. The State is
responsible not only for the acts of its own agents, but also for the
activities of non -State actors functioning within its jurisdiction, according
to a clear and growing principle of human rights jurisprudence. In
addition, the state is liable for any inactivity that may result in or enable a
breach of human rights."
The National Commission on Human Rights has looked into a number of
examples of egregious human rights violations by government authorities
as well as terrorist groups. While investigating a complaint of human
rights violations, the commission may request information or a report from
the Central Government, any State Government, or any other body or
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150 Commission concludes that a breach of human rights has occurred as a
result of the investigation, it may take the following actions:
1. If the investigation reveals a breach of human rights or negligence in the
prevention of human rights by a public servant, it may suggest that the
responsible government or authority commence criminal proceedings.
2. Request directives from the Supreme Court or the High Court in
question.
3. suggest to the appropriate government or authority that t he victim or
members of his family be granted prompt interim relief.
Whenever a member of the Armed Forces is accused of violating human
rights, the commission is obligated to follow a particular procedure. It may
request a report from the Central Governme nt and offer recommendations.
The Commission was alerted by reports dated 22 March 2000, which
appeared in all major publications, detailing the assassination of 35 Sikhs
in a village in Anantnag District on the night of March 21, 2000, by armed
militants. All of those killed were guys between the ages of 16 and 55,
according to reports. After seeing the bodies of people who had been
killed, a woman died of shock. At least two families have lost their entire
male population. The event occurred just hours be fore President Barack
Obama was scheduled to go to India for an official visit. The Commission
sent notices to the Chief Secretary and Director General of Police of the
Government of Jammu and Kashmir, as well as the Secretary of the
Ministry of Home Affai rs of the Government of India, requesting
comprehensive reports. Six naxalites were slain by police in Murumdag
village, Daltonganj, Bihar, on April 15, 1996.
An armed group came to the village to settle a quarrel, according to the
Peoples Union for Civil Liberties in Palamau, which had previously
inquired into the subject. Following the receipt of information, the police
arrived and surrounded the members of the armed gang who had
surrendered. Following that, the police forced the members of the group to
stand in various locations and fired at them. Six people were murdered in
total as a result of police shootings. The PUCL found that the police's
claim that the naxalite gang assaulted the police party with bombs and
firearms and that the police fired fire in self -defense, killing six people,
was incorrect. The armed gang arrived in civilian clothing, but following
their post -mortem examination, they were outfitted in khaki uniforms with
no holes or bullet marks.
The deceased bodies were thrown away, but a fter a public outcry, the
police transported six bodies in a police van and incinerated them.
Because officers from the same police station were engaged in the
shooting that resulted in the death, the Commission suggested that the case
be referred to an in dependent investigating agency, the CID, and that the
inquiry be completed within four months. If a prosecution is necessary as
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151 The Commission expressed the expectation that if t he case resulted in a
conviction, the State would compensate the victims.
The Commission was alerted to an incident published in the Indian
Express on January 27, 1999, with the headline "Bihar: old script, fresh
victims, and upper caste Ranbir Sena kills 21 Dalits in Jehanabad."
According to the report, on January 25, 1999, the Ranbir Sena, a private
army of upper caste landlords in Bihar armed with sophisticated weapons,
killed at least 21 people in Rukhsagar Bigha village under the Mehandia
Police Statio n in Bihar's Jehanabad district, including six children and five
women.
The victims were all from the lower castes, with a few Dalits among them.
While taking cognizance of the matter on 27 January 1999, the
Commission expressed outrage at the news of the killing of 21 Dalits in
Jehanabad and pledged to thoroughly investigate and prosecute the
perpetrators, as well as to ensure that such tragedies did not occur again. It
also ordered the state government to provide relief and assistance to the
families of the deceased as well as the injured victims.
The National Human Rights Commission does not make decisions in the
same manner that a court of law does, and its recommendations cannot be
enforced in the same way that court judgments can.
The Commission's re commendations are widely publicised and have a
significant political and social impact. It's worth noting the Commission's
contribution to the anti -TADA effort. It has a temporary law that ended on
May 23, 1995. When TADA expired, the government's successo r law was
not approved by Parliament.
Important Dates for Human Rights
● 1215 Magna Carta
● 1776 American Declaration of Indepence and Bill of Rights
● 1787 Constitution of the United States
● 1789 French Declaration of the Rights of man
● 1946 UN Commission on Huma n Rights
● 1948 Universal Declaration of Human Rights
● 1949 Geneva Conventions
● 1950 European Convention for the Protection of Human Rights and
Fundamental Freedoms
● 1961 European Social Charter
● 1966 International Convenant on Economic, Social and Cultural Righ ts
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152 (ICCPR); and the (First) Optional Protocol to the Convenant on Civil
Inhuman or Degrading Treatment or Punishment (UNCAT)
● 1993 Vienna Declaration and Programme of Action adopted at the
World Conference on Human Rights.
Check your Progress
1) Discuss NHRC
2) What do you mean by human rights?
3) Discuss the major landmarks in the development of human rights
13.6 ROLE OF NON -GOVERNMENTAL
ORGANIZATIONS (NGOS)
The impact of human rights has had a signi ficant impact on the concept of
state sovereignty. Today, no country can claim that its treatment of its
residents is solely a domestic issue. The modern concept of a global
village has resulted in the human rights situation anywhere in the globe
becoming a topic of worldwide concern as a result of globalisation of
human rights. Voluntary groups, often known as non -governmental
organisations, have begun to support and promote human rights in all
nations around the world.
International non -governmental organ isations such as Amnesty
International and Human Rights Watch, as well as organisations such as
the People's Union for Civil Liberties, have expressed concern about
massive human rights violations in the former Yugoslavia (Kosovo,
Bosnia and Herzegovina, e tc.), Rwanda, East Timor, Sierra Leone, Sudan,
Gujarat in India, and a variety of other conflict zones. The Human Rights
Commission, founded by the United Nations General Assembly in 1946,
coordinates the operations of such organisations on an internationa l basis.
As a result of these non -governmental organisations' efforts, states are
now required to report on their internal implementation of human rights
obligations to a statutory organ (Human Rights Committee, Children's
Committee, Women's Committee, Com mittee on the Elimination of Racial
Discrimination, etc.).
It would have seemed unthinkable half a century ago that sovereign states
would submit a report to an international body on their internal affairs,
including government treatment of their citizens, and then participate in a
discussion of the report with members of an international body drawn
from all over the world. Such is the current power of the concept of human
rights. Non -governmental organisations' impact on human rights
protection and promoti on is no longer contested.
The influence is undeniable and palpable. Along with genuine human
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153 rights movement is quite powerful. Poverty is a major roadblock in the
fight against human rights violations.
13.7 ANIMAL RIGHTS
India, the world's seventh largest country, is one of the world's most
biodiverse regions, with four of the world's 36 biodiversity hotspots. It is
home to a diverse range of species, from Bengal Tigers to Great India n
Rhinoceros, and animal preservation and care has become increasingly
important in recent years. The Indian Constitution makes animal
protection a fundamental duty, and there are several animal welfare laws
in place in India, including the Prevention of C ruelty to Animals Act 1960
and the Wildlife Protection Act 1972 at the federal level, as well as cattle
protection and cow slaughter prohibition laws at the state level.
The Indian Penal Code (IPC) 1860 is the country's official criminal code,
covering all aspects of criminal law. All acts of cruelty, such as
murdering, poisoning, maiming, or rendering animals useless, are
punishable under sections 428 and 429 of the IPC. The aforementioned
laws were enacted to protect animals from unnecessary pain and suff ering,
and similar laws are still being enacted in response to changing conditions.
In addition to specific regulations, generic ideas such as tort law,
constitutional law, and so on provide further protections for animals.
The Constitution of India 1960
It is the "responsibility of every citizen of India to safeguard and improve
the natural environment, including forests, lakes, rivers, and animals, and
to have compassion for all living creatures," according to the Indian
Constitution of 1960. This constit utional commitment to protect animals is
supplemented by Article 48A's Directive Principle of State Policy, which
states:
The state will work to maintain and improve the environment, as well as
the country's forests and wildlife.
The 42nd Amendment, which was ratified in 1976, introduced both of the
following constitutional requirements. While they are not immediately
enforceable in Indian courts, they establish the framework for animal
protection legislation, policies, and state directives at the federal a nd state
levels. Furthermore, they may be enforced in courts by using a broad
judicial interpretation to bring them within the scope of Article 21's
judicially enforceable fundamental right to life and liberty.
Sources of Law
The Constitution, statutes (le gislations), customary law, and case law are
the basic sources of law in India. India is organised into 28 states and eight
union territories. The States are managed by their own governments,
whereas the Union Regions are federal territories that are direc tly
governed by the Indian government. The Indian Parliament is the country's
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154 Parliament enacts statutes for the entire country, state legislatures for
individual states, and union te rritory legislatures for individual union
territories. Only the Constitution of India can check and control central
laws established by Parliament. It is possible that state laws will be
overridden.
In addition to these basic statutes, there is a massive c orpus of secondary
legislation, including as rules, regulations, and bylaws, established by the
federal and state governments, as well as local governments like municipal
corporations and gramme panchayats (local village bodies). The three
branches of gove rnment in India are vested with diverse functions due to
the division of powers between the Legislature, Executive, and Judiciary
parts of government. While the legislative has main authority for creating
legislation, it is occasionally delegated to the ex ecutive branch for the
purpose of producing delegated legislation.
India is governed by the common law system, which is based on recorded
judicial precedents from the British colony. As a result, precedents and
case laws play a crucial role in the evolutio n of law and jurisprudence.
Higher court decisions, such as those of the Supreme Court of India and
the High Courts of various States, have major legal sway and are binding
on lesser courts.
India is a country with a vast range of religious and cultural tr aditions. As
a result, some personal laws, local customs, religious texts, and
conventions that are not contrary to statute, morality, public policy, or
larger societal welfare are recognised as having legal status and are
considered by courts in the admin istration of justice.
Power Sharing Between the Centre and the States
According to Article 245 of the Indian Constitution, the Indian Parliament
can make legislation for the entire or portion of India's territory, subject to
the Constitution. States, Union Areas, and other territories within India,
such as enclaves, make up India's territory.
The subject -matter of laws passed by Parliament and state legislatures is
defined in Article 246. This subject content is divided into three lists in the
Seventh Sched ule:
The Union List: The Parliament has sole authority to enact legislation in
the areas listed on this list.
The State List: The State Legislatures have sole authority to enact
legislation in the areas listed on this list.
Concurrent List: Both the Parlia ment and the State Legislatures have the
authority to enact legislation on the topics listed here.
The State and Concurrent List has been assigned to the following matters
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155 The States have the authority to "[p]reserve, protect , and improve stock,
prevent animal diseases, and enforce veterinary training and practise,"
according to Item 14 of the State List.
Both the Centre and the States have legislative authority over the
following items on the Concurrent List:
Item 17: “Preven tion of cruelty to animals.”
Item 17B: “Protection of wild animals and birds.”
The Animal Cruelty Prevention Act of 1960
The Prevention of Cruelty to Animals Act of 1960
The Prevention of Cruelty to Animals Act of 1960is India's core animal
cruelty statut e. The Act's goal is to avoid the imposition of undue pain or
suffering on animals, as well as to reform legislation relating to animal
cruelty prevention. Any living creature other than a human being is
defined as a "animal" under the Act.
The Government of India formed the Animal Welfare Board of India
(AWBI) with some of the following tasks in accordance with Chapter II of
the Act:
● Advising the federal government on modifications and guidelines to
minimise unnecessary pain in animals whether they are tra nsported,
used in experiments, or kept in captivity.
● Financial aid, rescue homes, and animal sanctuaries for elderly animals
are all encouraged.
● Advising the government on animal hospital medical treatment and
regulations.
● Educating and raising awareness a bout the humane treatment of
animals.
● Providing broad animal welfare advice to the federal government.
Section 11 of the Act defines various types of animal cruelty as the
following actions:
a) Beating, kicking, overriding, overloading, tormenting, and cau sing any
animal unnecessary pain.
b) Putting to work an old, damaged, or unsuitable animal (the punishment
applies to the owner as well as the user).
b) Giving any animal a damaging medicament or medicine.
b) Inflicting pain and discomfort on an animal whi le transporting it in any
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156 e) Keeping any animal in a cage that does not allow it to move around
freely.
f) Keeping an animal on an excessively heavy or short chain for an
excessively long time.
g) Constantly confining an animal with no reasonable opportunity to
exercise.
h) Being an owner who fails to provide adequate food, water, or shelter to
the animal.
I) Neglecting an animal without good justification.
j) Wilfully allowing an owned animal to roam the streets or abandoning it
to die of disease, old age, or incapacity on the streets.
k) Selling an animal that is in pain as a result of mutilation, malnutrition,
thirst, overpopulation, or another mistreatment.
l) Animals are mutilated or killed in horrible ways, such as with strychnine
injections.
m) For the express purpose of entertainment, using an animal as bait for
another animal.
n) Organizing, maintaining, using, or administering any location where
animals are fought.
o) Shooting an animal for such a reason after it has been liberated from
captivity.
Dehorning/castration of cattle in the prescribed method, destruction of
stray dogs in lethal chambers in the prescribed manner, and elimination of
any animal under the power of law, however, are not considered cruelty
under the Act. This section al lows for considerable flexibility.
Animal Experimentation is covered in Part IV of the Act. Experimentation
on animals for the aim of advancing physiological knowledge or
information to battle disease, whether in humans, animals, or plants, is not
prohibit ed by the Act. It calls on the central government to establish a
Committee for the Control and Supervision of Animal Experiments, with
the authority to forbid experimentation if necessary.
The topic of performing animals is covered in Chapter V. Section 22
makes it illegal to exhibit or teach an animal without first registering it
with the AWBI. Animals such as monkeys, bears, lions, tigers, panthers,
and bulls are prohibited from being used as performance animals under
this section.
Section 28 of the Act p rovides more freedom, stating that "nothing in the
Act shall make it an offence to kill any animal in a manner mandated by
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157 This section was deemed necessary due of the multiplicity of religions and
traditions in India.
Animal cr uelty is penalised by a punishment of Rs. 10 that can be
increased to Rs. 50 on the first conviction. A subsequent conviction within
three years of a previous infraction carries a fine of Rs. 25 that can be
increased to Rs. 100, or three months in prison, or both. Phooka or any
other surgery to increase breastfeeding that is harmful to the animal's
health is punishable by a fine of Rs. 1000 or a sentence of up to 2 years in
prison, or both. The government also has the authority to forfeit, seize, or
kill th e animal. Any violation of the committee's rule on animal testing is
penalised by a fine of up to Rs. 200.
In 1976, the Indian Constitution was amended to include the 42nd
Amendment, which laid the framework for animal protection in India.
Animal protectio n legislation has been enacted both at the federal and
state levels as a result of the constitutional provisions establishing the duty
of animal protection, the most famous of which is the Prevention of
Cruelty to Animals Act 1960. In addition, Indian cour ts have created a
significant legal doctrine in animal law over time.
However, India still has a long way to go in terms of actually establishing
a firm foundation for animal legislation.
The Indian Constitution's animal protection clauses remain ideas ra ther
than concrete law that may be enforced in courts. The penalties for cruelty
to animals under the Prevention of Cruelty to Animals Act 1960 are just
insufficient to prevent crimes against animals. The law is not strictly
enforced, and it provides many provisions that allow for liability to be
avoided. In order to provide India with a stronger animal protection law,
extensive modifications are required.
Check your Progress
1) What are animal rights
2) Discuss the role of NGO’s
3) Discuss the prevention of cruelty to animals act.
13.8 SUMMARY
In conclusion, a more equitable and compassionate society may be
fostered via education on human and animal rights in India. Human rights
are a set of concepts that can help us build a society in which everyone is
treated with respect and dignity and is safe from harm. Learning about the
rights of animals is another step towards building a society that respects
the worth of all sentient creatures and prevents their mistreatment. In sum,
learning about these rights is crucial to fostering a society that respects and
protects the rights of all its members.
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158 13.9 QUESTIONS
1. How can we classify human rights?What are the six basic features of
human rights?
2. What are the six basic features of human rights?Discuss the
significance of hum an rights in the Constitution of India.
3. Explain in detail the National Human Rights Commission.
4. State the major landmarks in development of Human Rights
5. Discuss The Prevention of Cruelty to Animals Act of 1960
13.10 REFERENCES :
 Nirmal, C. J., ed., Human Rights in India: Historical, Social and
Political Perspectives (New Delhi; Oxford University Press, 1999)
 SAHRDC, Introducing Human Rights (New Delhi: Oxford University
Press, 2006)
 Tyagi, Yogesh K., "Human Rights in India: An Overview",
International Stud ies, vol. 29, no. 2, 1992
 Vijapur,AbdulrahimP.,"Withering Minority Rights in India? Domestic
Implementation of International Covenant on Civil and Political
Rights", Social Action, vol. 53, no. 4,2003.
 Mitra, P.P. (2016). Wild Animal Protection Laws in Ind ia, Lexis
Nexis, Gurgaon.
 Mitra, P.P. (2019). An Introduction to Animal Laws in India, Thomson
Reuters, Gurgaon
 Prevention of Cruelty to Animals Act, 1960 along with allied Rules.
(2015). Professional Book Publishers.
 Patel, B.H.M., Prasanna, S.B. and Gour i, M.D. (2015). Animal
Welfare and Management. New India Publishing Agency

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ETHICS IN PUBLIC RELATIONS
Unit Structure
14.0 Objectives
14.1 Introduction
14.2 Ethics defined
14.3 Ethics in Public Relations
14.4 Impact of Public Relations on Society
14.5 Relation Between Ethics and Professionalism
14.6 Adoption of Code of Ethics in India
14.7 Summary
14.8 Questions
14.9 References
14.0 OBJECTIVES
● Define ethnicity and explain why it is important in society.
● Identify the possibilities for unethical behaviour in Public Relations
activities; relate the impact of the Public Relations p rofession on
society;
● Discuss the importance of public relations communication in the
dissemination of information and persuasion;
● determine the inherent potential for societal benefits through persuasive
communication;
● Describe the code of ethics followed by public relations firms;
● Justify ethical behaviour in persuasion;
● describe what a social audit is;
● address the need of linking organisational and public interests;
● provide some suggestions for ensuring communication ethics: and;
● Draw attention to the le gal implications of public relations initiatives.
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160 14.1 INTRODUCTION
In this Unit, we will address the need of maintaining ethical standards in
the practise of public relations in this unit because it is such an important
role that involves public opinion. Because of a few unscrupulous
individuals, certain myths about public relations being a play or have
brought some disgrace to this profession in its infancy. It is now a
sophisticated and important management function, complete with its own
code of ethics . We'll look at the importance of public relations in society,
as well as its potential for good and bad application. We'll also look at the
code of ethics and how it's been implemented in India.
We'll also look into the relationship between the Code of Et hics and the
evolution of public relations professionalism. Today, public relations have
evolved into a powerful instrument for motivation and management.
Freedom of expression in democratic societies, advancements in
communication technology, increased in dustrialization and public
awareness, globalisation, and other factors have all contributed to the need
for professionalism in skilled mediation and information communication,
making it a necessary skill today. We'll look at its impact on society as a
whol e now that we've established its importance and persuasive and
instructive role.
In addition, certain ethical and legal aspects in public relations will be
discussed. We'll go over several strategies for reducing distortion as well
as preserving and sustai ning strong moral and ethical standards in the
profession.
14.2 ETHICS DEFINED
"That field of philosophy concerned with values relating to human
behaviour, with respect to the rightness and wrongness of specific actions,
as well as the goodness and badnes s of the reasons and Ads of such
actions," says one definition. Ethics and morality are interchangeable
according to dictionary definitions. Both are concerned with good or
incorrect behaviour in terms of acceptable norms or principles.
To elaborate, it is the outcome of a behaviour that determines its ethicality,
such as when the outcomes range from innocuous to beneficial. We think
it's moral or correct. It is regarded wrong or unethical if the outcomes are
damaging. The concept of right and wrong, on the other hand, changes
with time, place, and circumstance. Because they are relative ideas, they
vary through time and cannot be applied equally. Behaviour that is
unethical in one age or community may be perfectly acceptable in another.
However, ethical beh aviour is still important to society in the long run.
Need for Ethical and Moral Standards of Society
The difference between civilised and primitive civilizations is that in the
former, the rule of law reigns supreme, whilst in the latter, the jungle law
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161 though, the legacy of the past persists. Professional conduct standards, like
other ethical standards, have their origins in moral codes represented in
diverse religion doctrines, wit h the goal of bringing sanity to the civilised
world.
However, religious and moral standards have given way to materialism
and technological determinism as a result of the growth of ideology
Phethdr Marxism, with its emphasis on centralised planning, or
Capitalism, which feeds on the concept of free enterprise. As a result,
ethical and social norms have deteriorated, leading to newer types of
exploitation.
The only way to right the wrong now is to infuse powerful doses of
morality into our individual work ing lives, and so into national life. As a
result, ethical norms or codes of conduct are becoming increasingly
important. The importance that the subject of human rights has recently
received reflects this concern.
The problem of human rights has become so important in the world today
that the United Nations, which was founded after World War II,
established a "Universal Declaration of Human Rights," and the UN
Charter affirms the organization's belief in these fundamental rights.
Following that, a series o f international conferences were organised to
discuss how far these rights had been implemented. India is currently
taking moves to establish its own Human Rights Commission to ensure
that these human rights are not violated in the country.
We will see lat er that the International Public Relations Association
(IPRA) created a Code of Ethics that is based on these fundamental human
rights.
Human rights and ethical standards are a concern for all organisations and
professionals, be they accountants, bankers, or doctors, because they affect
mankind as a whole. It's much more important for a Public Relations
practitioner because their job entails swaying public opinion. This is due
to the fact that the Public Relations Manager in any organisation is
expected to act as the organization's conscience.
The pressures that cause ethical dilemmas in government, business,
universities, family relations, and other spheres also affect the field of
public relations: emphasis on immediate gains and extreme monetary
benefits; lowering of all standards as a result of overzealous desires to help
the poor, emphasis on materialism and self -gratification, and so on.
Another issue is the management by objective doctrine, which emphasises
the final result as the most important criter ion in all decision -making.
As you can see, ethics is as crucial in Public Relations as it is in any other
career. Those who are accountable for ensuring that the organisation they
serve is value -based must adhere to stringent moral and ethical norms
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162 After establishing the importance of ethics, we'll look more closely at
where ethics fits into public relations and how it's handled.
14.3 ETHICS IN PUBLIC RELATIONS
In every non -profit or profit -making organisation, public relations has now
become a critical function effecting management choices and influencing
public opinion. However, before evolving as a profession and achieving
universal stature, Public Relations went through many ups and downs. It is
now a requirement for any organisation. The f ollowing are the reasons for
this:
● Recognition of the right to freedom of expression and information.
● Telecommunications and transportation have progressed.
● Increased globalisation and the opening up of formerly closed
civilizations.
● Governments use public relations to stay in power, to promote
development, and so on.
● Business expansion, mergers, collaborations, operating with
subsidiaries, cross -border operations, and cross -cultural operations are
all possible.
Unethical Public Relations Practices
There we re a lot of people appearing as public relations people but
operating as press agents who used puffery and other unethical techniques
to attain their goals in the early phases of public relations. This did a lot of
damage to the discipline, and it's still hard for the public relations
profession to get rid of names like "white washing," "sugar wooing,"
"fixing," "propaganda," and so on.
Defining what is ethical and what is unethical is a challenging
undertaking. It would be more straightforward to clarify t hat it is a matter
of choosing between the right and wrong options in accordance with
conthat generates mental dissonance, which leads to feelings of shame and
dishonesty. And dishonest communication isn't going to help you keep
your relationships together . The general public is not to be dismissed as a
bunch of knuckleheads. "You can fool some people all of the time, and all
of the people some of the time," observed Abraham Lincoln, "but you
can't fool all of the people all of the time."
To begin, should y ou utilise your abilities to promote a belief or cause that
you believe is incorrect? A common example is smoking, which has been
demonstrated to be harmful to one's health. Is it OK to publicise a
cigarette despite this knowledge? There are numerous dilem ma
circumstances in which you are likely to become perplexed. However, it is
critical to have faith in the organisation or cause for which you are
working. You won't be able to do a good job otherwise. Before you can
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163 unethical activities that can be classified as unethical, ranging from news
suppression to deception of the audience. The following are examples of
unethical behaviour:
● Keeping undesirable information hidden
● misrepresenti ng facts
● undercutting a competitor offering to assist a cause but actually serving
a different goal
● promising achievements that can't be achieved using unfavourable
techniques to pressurise editors to print publicity material
The foregoing just serves to demonstrate that, like other professions,
public relations may be abused. It is also commonly believed that
excellent public relations can change bad behaviour. This misunder
standing must also be dispelled.
Public relations understands that it has a long -term responsibility and
strives to convince and develop mutual understanding by obtaining ready
acceptance of attitudes and ideas. It can only succeed if the core policy is
ethical and the methods employed are honest. In public relations, the goal
can nev er be achieved by using deceptive, damaging, or dubious methods.
Using public relations strategies to oppose a weak case is impossible.
Consider the Watergate affair, which shook the entire world and over
which the President of the United States' enormous Public Relations
department had little control. Similarly, if a service business, such as a
public transportation corporation, does not run its buses properly or on
time, no Public Relations method will help to improve the corporation's
image in the eyes o f the general public - passengers. Or, if a chemical
factory's effluents were damaging the environment, do you believe a
public relations stunt would assist quell public outrage?
As a result, it is frequently emphasised that excellent public relations, li ke
charity, must begin at home, and that denials never persuade sceptics. As a
result, public relations must not only be practical and positive, but also
always ethical.
14.4 IMPACT OF PUBLIC RELATIONS ON SOCIETY
There are no appropriate yardsticks for mea suring the impact of public
relations. Although the distribution of press releases is a concrete sign, it
does not imply that: it has been read by the target audience; it has been
understood as wanted by the source; or it has resulted in a change in the
receiver's perspective.
Furthermore, it is impossible to view Public Relations results in isolation.
There could be other factors at play, for example, a rise in the sale of
unsaturated oils could be due to the nonavailability of other vanaspati
brands rathe r than the campaign's outcomes. Again, simply exposing the
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164 mindset. We have drug education programmes, anti -dowry or anti -liquor
efforts, and anti -smoking campaigns, yet the problem persists. This is
because such ‘social engineering efforts,' as they are known, necessitate
extensive research into the psyche of the intended audience, as well as
higher levels of skill and judgement on the part of the communicator to be
able to transmit the necessary messages into the audience's minds in order
to effect change. These are some of the issues at hand.
At the same time, we recognise the value of Public Relations' competent
mediation and information communication role as a critical societal
service. This needs a closer examination of what Public Relations
accomplishes or does not accomplish. To see how far Public Relations
fulfils its twin job of information and persuasion, we'll start by looking at
its dual role of information and persuasion.
Role of Public Relations: Information
One of Public Relations' responsibilities is to keep the public informed. Is
it true that public relations helps to inform the public?
A question like this has a lot of facets to it. To begin with, there may be
errors in the information that is given out and the information that is
withheld. The content, timing of the message, and channel employed
might all have ethical implications. Let's have a look at an example. Full
and timely financial disclosure is a major respon sibility fulfilled on behalf
of clients to the investigating public in the field of financial Public
Relations. The correctness and truthfulness of these disclosures have an
impact on the investing choice. The aspects listed above, such as time,
message, a nd channel, might influence the quality of an investor's choice
to purchase or sell a company's stock. This has potential ethical
ramifications.
Another point that is frequently criticised is that there is an excessive
amount of such material coming from a ll sides, all of which makes
contradictory assertions. This does not assist in the resolution of doubts.
Rather, it contributes to the uncertainty by indiscriminately overwhelming
communication channels with contradicting messages.
Role of Public Relations : Persuasion
The goal of public relations communication is to change people's minds.
This is debatable in and of itself. Is it moral to try to sway public opinion?
Don't people have the right to make their own choices?
Examining what Public Relations is al l about should provide answers to
these issues.
A public relations professional is essentially a supporter of a cause, client,
company, or organisation.
In their book "Effective Public Relations," Scott Cutlip and Allen Center
define the role of public rel ations in a free society as "to morally,
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165 public discussion." Every concept, people, or organisation has a basic
democratic right to a full and fair hearing in the public forum, and its
worth is judged by its capacity to gain acceptance in the marketplace of
ideas. Today, an individual concept or institution needs the help of a
qualified advocate to get such a hearing. The advocate is necessary for
modern democracy to function.
In Def ence of Public Relations
As a result, we can see that, while there is the potential for misuse in
communication and public relations, and practitioners have been harshly
chastised for manipulating others' beliefs, the benefits of this profession to
society cannot be overlooked. Public relations has aided businesses in
making profits, expanding, providing quality goods to customers and safe
working conditions for employees, raising awareness of health and
hygiene issues through development assistance, promot ing scientific
thinking, raising funds for charitable causes, promoting tourism and trade,
and increasing our understanding of national and international issues. As a
result, the good that Public Relations may accomplish is boundless.
Check your Progress
1) Define Ethics
2) What is Public Relations?
3) What is the impact of public relations in society?
14.5 RELATION BETWEEN ETHICS AND
PROFESSIONALISM
All authorities have underlined the relevance of ethics in the public
relations industry for the reasons stated above . According to Sam Black, a
public relations expert from the United Kingdom, "By its very nature,
public relations work requires a high level of ethical substance.' Cutlip of
the United States points out that "adherence to a set of professional norms"
is "a basic prerequisite for a profession," and cites the numerous codes of
professional standards for Public Relations practise as examples of efforts
"to develop the ethics in this industry."
A code of ethics is, in reality, a requirement for all professions . You've
almost certainly heard of the "All medical graduates are expected to swear
the Hippocratic Oath. Hippocrates, a Greek physician, was the first to
liberate medicine from superstitions and witchcraft or magic, and to
provide a scientific foundation for the science and ark of illness treatment.
This was the event that paved the way for the medical profession to arise .
Code of Ethics and Code of Conduct for Public Relations
You can see why a code of ethics and a code of conduct have been given
such gre at emphasis by all professional Public Relations groups based on
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166 Standards was formed in 1954 in the United States, where Public
Relations originally developed as a profession, and was later amended in
1959, 1963, and 1977 to match the needs of the scenario. The following
section of the Public Relations Society of America's code of conduct is
listed below. You'll notice how this code is founded on fundamental
human rights as well as the individual's worth and dignity. Without such a
code, the profession would not have risen to its current prominence in
American society.
Declaration of Principles
The Public Relations Society of America's members base their
professional values on the fundam ental value and dignity of the individual,
believing that the free exercise of human rights, particularly freedom of
speech, assembly, and press, is crucial to the practise of public relations.
We dedicate ourselves to the goals of improved communication,
understanding, and cooperation among the many persons, groups, and
institutions of society while serving the interests of our clients and
employers.
We pledge to conduct ourselves professionally, with honesty, accuracy,
fairness, and public accountability; to improve our individual competence
and advance the profession's knowledge and proficiency through ongoing
research and education; and to abide by the articles of the Society's Code
of Professional Standards for the Practice of Public Relations, as adopt ed
by the Governing Assembly.
Articles of the Code
The Public Relations Society of America has adopted these articles in
order to develop and maintain high standards of public service and ethical
conduct among its members.
1) A member must treat customers or employers fairly, both past and
present, as well as fellow practitioners and the wider public.
2) A member must behave himself or herself professionally in the public
interest.
3) A member must be truthful and accurate, as well as adhere to
commonly acc epted standards of good taste.
4) A member shall not represent conflicting or competing interests without
the express consent of those involved, given after a full disclosure of the
facts; nor shall a member place himself or herself in a position where his
or her interests are likely to conflict with a duty to a client, or others,
without a full disclosure of such interests to all parties involved.
5) A member shall protect the confidence of current and former clients, as
well as persons or entities who hav e disclosed confidences to a member in
the context of communication relating to an anticipated professional
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167 employment that may entail the disclosure or use of such confidences to
the detrime nt or prejudice of such clients or employers.
6) A member shall not engage in any conduct that tarnishes the integrity of
communication channels or the democratic process.
7) A member must not knowingly send inaccurate or misleading
information and must ta ke reasonable precautions to prevent
communicating such information.
8) A member must be willing to identify the client or employer on whose
behalf any public speech is made publicly.
9) A member may not use any individual or organisation ostensibly
suppor ting or representing a proclaimed cause, or ostensibly impartial or
unbiased, but in reality serving a concealed special or private interest of a
member, client, or employer.
10) A member shall not intentionally harm another practitioner's
professional rep utation or practise.
If a member has evidence that another member has engaged in unethical,
unlawful, or unfair actions, including those in violation of this Code, the
member must immediately report the information to the society's proper
authorities for a ction, as outlined in Article of the Bylaws.
11) A member called as a witness in a proceeding to enforce this Code is
required to present unless the Judicial Panel grants an exception for good
cause.
12) When performing services for a customer or employer, a member may
not receive fees, commissions, or any other valuable consideration from
anyone other than the client or employer, unless the facts have been fully
disclosed.
13) A member cannot ensure that stated results will be achieved outside of
his or he r direct control.
14) If a member's involvement with any organisation or individual
demands activity that is antithetical to the articles of this Code, the
member must end the relationship as soon as feasible.
In May of 1955, the International Public Relat ions Association (IPRA)
was founded as a para -national organisation with the goal of improving
the professional quality and efficiency of public relations practitioners in
various countries. The establishment of a "Code of Conduct" with the goal
of setting standards of professional ethics and conduct in the field of
public relations for all members of the association globally was an early
milestone of the organisation. The IPRA code of conduct has been used to
create a variety of codes for national public r elations organisations and
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168 In addition, the IPRA Council adopted an International Code of Ethics
during its meeting in Athens in 1965. Because of this, the code is
commonly referred to as the Athens Code. This is the moral charter of
IPRA, and i ts ideas are based on the United Nations Declaration of Human
Rights.
The text of the Athens Code is also provided below. It will offer you an
idea of the moral principles that should guide the operations of public
relations practitioners around the world.
14.6 ADOPTION OF CODE OF ETHICS IN INDIA
People who pretended to be Public Relations Consultants in India in the
past were actually fixers and manipulators who engaged in unethical acts
in order to win favourable outcomes for their clients from the govern ment
or other authorities, or to secure licences for them.
As a result, the first All India Conference of Public Relations Practitioners
was compelled to adopt the International Code of Conduct in order to
distinguish true PR practitioners from fixers and manipulators. This was a
significant step forward in India's professionalisation of public relations.
Following the adoption of the Code of Conduct and Ethics, associations of
public relations practitioners around the world monitor their members'
actions a nd deal with any violations of the rules. One of the key functions
of the Public Relations Society of India (PRSI) in India is to guarantee that
standards are upheld and that the skill and efficiency of the country's
public relations practitioners is impro ved through training, teaching, and
research programmes.
Check your Progress
1) Discuss PRSA in detail
2) Discuss PRSI in detail
3) What is the code of standards?
14.7 SUMMARY
Studying ethics in public relations in India ensures that PR practitioners
perform ethica lly. PR professionals may promote social responsibility,
public trust, and their clients' reputations by practising ethics. Ethics in PR
helps professionals avoid legal and financial consequences, sustain
professional standards, and promote a more ethical and responsible
society. To develop trust and credibility with the public, PR professionals
must be ethical. Thus, PR practitioners in India must learn ethics to work
with openness, accountability, and honesty.

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169 14.8 QUESTIONS
1. Describe in detail the ethic s in Public Relations.
2. Discuss the impact of Public Relations on society.
3. What is the relationship between social audit and the observance of a
Code of Ethics and a Code of Standards?
4. State the code of ethics and code of Public Relations.
5. Discuss the adopt ion of code of ethics in Public Relations in India.
14.9 REFERENCES
 Beck, L. W. (1963). Foreword. In L. W. Beck (Ed.), Immanuel Kant’s
Lectures on Ethics (pp. ix -xiv). Indianapolis: Hackett.
 Beiser, F. C. (1992). Kant’s intellectual development: 1746 -1781. In P.
Guyer (Ed.), The Cambridge companion to Kant (pp. 26 -61).
Cambridge, UK: Cambridge University Press.
 Bivins, T. H. (1980). Ethical implications of the relationship of
purpose to role and function in public relations. Journal of Business
Ethics, January, 65 -73.
 Bivins, T. H. (1989). Are public relations texts covering ethics
adequately? Journal of Mass Media Ethics, 4(1), 39 -52.
 Cavanaugh, G. F., & McGovern, A. F. (1988). Ethical dilemmas in the
modern corporation. Englewood Cliffs, NJ: Prentice Hall.
 Chase, W. H. (1977). Public issue management: The new science.
Public Relations Journal, 33, 25 -26
 Curtin, P. A., & Boynton, L. A. (2001). Ethics in public relations:
Theory and practice. In R. L. Heath (Ed.), Handbook of public
relations (pp. 411 -422). Thousand Oaks, CA: Sage
 Eisenberg, E. M., & Riley, P. (2001). Organizational culture. In F. M.
Jablin& L. L. Putnam (Eds.), The new handbook of organizational
communication: Advances in theory, research, and methods (pp. 291 -
322). Thousand Oaks, CA: Sa ge

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170 15
ETHICS IN ADVERTISING
Unit Structure
15.0 Objectives
15.1 Introduction
15.2 Broadcast Advertising
15.2 Outdoor Advertising
15.4 Advertising Ethics
15.5 ASCI
15.6 Advertising Some Products
15.7 Summary
15.8 Questions
15.9 References
15.0 OBJECTIVES
● To in troduce you to what is ethical as well as unethical advertising.
● To be able you will be able to differentiate between an advertisement
that is ethical and one which is not.
● To get a sound knowledge of broadcast as well as outdoor advertising
and will als o be qualified to judge what products should be advertised
and what should preferably not be advertised.
15.1 INTRODUCTION
Advertising is a type of commercial communication that is intended to
encourage consumers to purchase a certain product or service. It is critical
that everything that is advertised in the advertising is accurate. As a result,
organisations such as the Federal Trade Commission (FTC) exist to
supervise television and radio ads. This ensures that advertising do not
make any misleading pr omises in order to get customers to buy their
items.
What is the definition of ethics? Ethics refers to "good behaviour" or
"conduct that is appropriate for the culture and historical period." Various
forms of behaviour and conduct are seen as "good" or "b ad" by popular
consensus. To put it another way, ethics are moral principles and ideals
that guide an individual group's behaviours and decisions. Ethics is a
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171 It is regulated by a set of moral rul es that apply at a certain time, in a
specific location, and in a specific society. Advertising is morally
valuable. In advertising communication, the combining of art and facts is
governed by ethical considerations. Advertisements must be accurate and
ethical in today's competitive and buyer's market. When an advertisement
is deceptive, the organization's credibility suffers.
The truth in advertising must be viewed from the consumer's perspective
rather than from a legal standpoint. The advertising busine ss has been
chastised in the past for making false or exaggerated claims about
products, goods, and services.
The ability of mass media to influence and affect society is undeniable. As
a result, the use of mass Ethics in Advertising media should be done
responsibly and in conformity with court restrictions. This is also true of
advertising, which sends out signals to the public and tries to persuade
them.
An advertisement's message is no different from news or remarks in the
newspaper or a television prog ramme. The level of responsibility
demanded of the media should be consistent with ethical principles and
within legal bounds.
Advertisers are expected to take on the same level of accountability. The
essential values of the advertising industry are based on personal,
organisational, and professional ethics.
The conscience of an individual is the primary source of personal ethics.
In his own conscience, each advertiser should decide the positive and bad
impacts of advertising messages on the social structur e and humanity. It is
usually easier to discover organisational and professional ethical standards
when an advertiser determines his own ethical principles and displays his
own ethical norms.
15.2 BROADCAST ADVERTISING
Broadcast advertising encompasses rad io, television, and online
advertising. Radio and television commercials are an important aspect of
broadcast advertising. The purpose of broadcast advertising is to persuade
consumers of the product's benefits. It is regarded as a highly effective
adverti sing medium.
The cost of advertising on any channel is determined by the length of the
advertisement and the time it is broadcast. The cost of an ad in the
premium slot, for example, will be higher than in any other slot. In
comparison to print media, bro adcast media such as radio and television
reach a larger audience. Radio and television advertising are considered
mass marketing since they can reach a national and international audience.
Before a radio commercial sinks into the consciousness of customer s, it
must be broadcast multiple times. As a result, the ad's frequency is crucial.
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172 commercials to be successful, they must conduct research on which kind
of audiences listen to various channels.
Television commercials are typically associated with large corporations,
but small businesses can benefit from them as well. For the commercial to
be successful, it must have a great audio and video combo. However, it is
equally critical that th e audio and video work independently of one
another.
If a person is not watching TV but only listens to it, he or she should
acquire the notion, and vice versa. The majority of radio and television
commercials are paid, while some public service announcem ents can be
broadcast for free. Advertisers are often required to pay for a 40 - to 60 -
second commercial.
Advertising agencies now create radio and television commercials for
their clients. They recognise the client's needs and create commercials that
reflect the present situation. In recent years, broadcast advertising has
become a critical component of marketing. Companies set aside a
specified budget for radio and television advertisements and estimate how
much money they can gain from these mediums.
Marketing consultants, for example, are employed to estimate the return
on investment for radio and television advertisements. These businesses'
marketing consultants may run trial ads to gauge their appeal among
viewers.
The Internet or the World Wide Web is used in Internet or online
advertising to encourage customers to buy products and services. Ads on
search engine result pages, rich media ads, banner ads, social network
advertising, and email marketing are all examples of this type of
advertising. One of the advantages of online advertising is the instant
publication of the commercial as well as the availability of the commercial
to a global audience. However, there are some drawbacks to the positives.
Advertisers nowadays use distracting flashing banner s or bulk email spam
campaigns to reach a large number of individuals. This can irritate
customers, and even legitimate advertisements may be overlooked as a
result. Broadcast advertising is now an integral aspect of any advertising
campaign, regardless of the manner of distribution. As a result, for
advertising to be successful, it must adhere to high ethical standards.
15.3 OUTDOOR ADVERTISING
Through highway billboards, transit posters, and other forms of outdoor
advertising, the message is communicated to the wider public. Outdoor
advertising is particularly significant because the advertisements are large
and visible to everyone. The most crucial aspect of advertising is that the
message communicated be succinct and to the point. Images can be used;
however they should not be used excessively. Everything should be
presented in such a way that the viewer can decide whether or not to
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173 The message to be sent could be an advertisement for a product, a trip,
voting for a politici an, or a charitable donation. According to a recent poll
conducted in Delhi this year, outdoor advertising costs millions of rupees
each year, and the figures are anticipated to rise. This is due to the fact that
outside traffic continues to rise year afte r year, resulting in an ever -
increasing target audience for outdoor advertising.
Despite the fact that print and newspaper advertising account for a
significant portion of an advertising budget, outdoor advertising is distinct
in its own right. It is a ver y cost -effective advertising strategy. All you
have to do now is create a billboard and have it produced. In contrast to
television advertising, where a whole 40 -second advertisement must be
designed, ethics in advertising requires only a few minutes of wo rk. If
outdoor advertisements are correctly positioned, they can provide
significant exposure at a low cost. As a result, outdoor advertising is
relatively economical.
Outdoor advertising is used in a variety of ways by different businesses.
Highway billbo ards, for example, are used by eating places and eateries on
the highway to entice customers to stop for a food and a rest. McDonalds
and Subway are great instances of this. Billboards are used by the
automobile and tourism businesses to promote their prod ucts and tourism
programmes. These are also quite successful since people on the highway
are looking for this type of information.
Aside from billboards, there are various other types of outdoor advertising
that can be used. Beverage businesses, for exampl e, use athletic events and
arenas to promote their products. Coca -Cola, for example, was a FIFA
World Cup sponsor. Taxis, buses, trains, subways, and walls with murals
are some places where you can see outdoor advertising. All of these
methods of outdoor a dvertising are extremely popular and cost -effective.
Check your Progress
1) What is the importance of outdoor advertising?
2) What is broadcast advertising?
3) Give some examples of advertisements that you have recently seen
and analyse them.
15.4 ADVERTISING ETHIC S
A system of moral rules that regulate a person's behaviour or how an
activity is carried out is referred to as ethics. Advertising, on the other
hand, refers to a method of communication between a vendor and a buyer.
As a result, advertising ethics refer s to a set of well -defined standards that
govern the methods in which the vendor and the buyer communicate. The
most significant aspect of the advertising industry is its ethics. While
advertising has numerous advantages, it also has some aspects that viol ate
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174 An ethical advertisement is one that does not lie, makes no false or
fictitious promises, and is within the bounds of decency. Nowadays,
advertisements are more overdone, with a lot of puffery. A promotional
remark or a ssertion that communicates subjective rather than objective
opinions is known as puffery. Puffery portrays an inflated version of the
marketed product. These opinions should not be taken literally.
Advertisers are sometimes unaware of ethical norms and ide als. They just
do not comprehend and are unable to distinguish between what is correct
and what is incorrect.
Advertisers' primary goal is to improve sales, get new customers, and
increase demand for their product by displaying well -designed and
colourful commercials. They say that their product is the best since it has
more distinctive traits than the competition, is more cost effective, and has
more benefits. However, many of these advertisements have been shown
to be fraudulent and immoral.
They are jus t used to deceive buyers. The best examples of these types of
advertising are those that include children's munchies. These commercials
employ bright colours and glossy visuals to make the product appear
appealing to people watching the commercials on tele vision and persuade
them to buy the goods without considering the nutritional content of the
meal being displayed.
Ethics is also influenced by one's beliefs. Advertisers who believe that
their customers will understand, think about, and act on their comme rcials
will have favourable outcomes, and the advertisement will not be
considered immoral. However, if advertisers believe that by portraying
absurd things like "simply tapping your fingers will make your home or
workplace fully equipped" or "only buying a lottery ticket would make
you a millionaire," they will be engaging in unethical advertising.
Moral Principles
Advertisements should adhere to three moral principles: honesty, social
responsibility, and respect for human dignity.
Honesty and Truthfulness : Advertisements should not abuse consumers'
trust or take advantage of their lack of experience or understanding. The
aspects that influence a consumer's buying decision should be presented to
them in an ethically sound manner.
Advertisements should alwa ys be truthful and should not contain any
deceptive statements. Expressions, sounds, and pictures that may mislead
consumers by providing incorrect information, generating ambiguity, or
claiming excessive messages should not be utilised in commercials. The
principles of honesty and sincerity are extremely important in advertising
because consumers expect brands to be trustworthy. Abusing the trust of
consumers will harm a brand's image and reputation.
Advertisements shall not send out any messages that prom ote
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175 and economic status, or disability. They should also not jeopardise human
dignity in any way.
Advertisements should not exploit people's suffering, appear to condone
or inspir e violence, or appear to condone or incite violence. Advertisers
are reminded of their social responsibilities by ethical principles, which
emphasise that they do more than sell goods or services; they also
safeguard society. In recent years, the number of applications on digital
media platforms has expanded, and many of these applications have begun
to annoy customers.
In this regard, several practises have increased in popularity, such as
sending unwanted e -mails and adding customers' names on marketing
lists. These must be strictly controlled.
15.5 ASCI
The Advertising Standards Council of India (ASCI) was established in
India to ensure advertising ethics. Its principal goal is to maintain and
strengthen the public's trust in advertising. The ASCI ensures that all
advertising adhere to some fundamental principles, such as truthful
portrayals.
This means that the advertisements should send a clear and honest
message to customers and even competition. Advertisements should also
adhere to generally accepted public decency and propriety standards and
be non -offensive to the general public. Advertisements should not be used
indiscriminately to promote things that are potentially detrimental to
society or individuals. Advertisements should not contain any plagia rism,
which means they should be unique in terms of creativity and topic matter.
Advertisers are encouraged to run commercials that promote safe
practises, such as wearing helmets, wearing seatbelts when driving, not
using cell phones while driving, and s o on, according to the ASCI.
The educational sector is another area that need continual monitoring these
days.
Education has evolved into a major commercial activity in recent years,
with educational institutions spending significant sums of money to
promo te their educational programmes. These must be closely watched to
ensure that parents are not duped when selecting an educational
programme for their children.
Food and beverages are another sector that must be closely monitored.
Advertisements that promot e a healthy, well -balanced diet and decent
eating habits while emphasising proper physical activity can have a
favourable impact. As a result, only healthy foods should be advertised,
not those that include significant amounts of fat, salt, sugar, or other
substances that may be damaging to the consumers' health.
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176 15.6 ADVERTISING SOME PRODUCTS
Pharmaceutical advertising aids in the dissemination of information about
new drugs and other cutting -edge medical procedures. However, there are
some situations wit h which one must use extreme caution. Advertisers
show what the pharmaceutical can heal but never mention the drug's
negative effects or the hazards associated with its use. This should be
checked, and the product's benefits and drawbacks should be
communi cated. Additionally, medication corporations do not promote
their most affordable drugs.
The more expensive ones are promoted. If you promote the benefits of
your treatment, you must also disclose any substantial dangers or side
effects, according to ethic al advertising. Recently, it was discovered that a
new weight -loss medicine had to include a disclaimer. The treatment
performed wonders, but the manufacturer was required to disclose the
drug's negative side effects.
Many advertisers mistakenly believe th at women and children have the
ability to persuade purchasers. As a result, they indiscriminately employ
them in their commercials. However, when using children in
advertisements, advertisers should remember not to show them
unattended, doing their own wor k, such as brushing their teeth, playing
with toys, or infants holding their own milk bottles, because no one would
leave their child unattended while doing any of these activities.
It will be more sensible to depict parents participating in all activitie s or
goods advertised. Women, on the other hand, have been mostly exploited
for the purpose of advertising things in which they have no involvement.
For example, commercials for vehicles or other unrelated products
frequently feature scantily clad women en dorsing them. This is a serious
infringement of women's rights that should be investigated.
Alcohol, cigarettes, and tobacco should never be advertised because their
intake causes cancer and other serious health problems. Advertisements
like these are alre ady prohibited in India, Norway, Thailand, Finland, and
Singapore. However, a worrying tendency is gaining traction in India
these days. In their marketing, liquor businesses are promoting mineral
water or sodas under the same brand name. These ads are kno wn as
surrogate advertisements, and they are completely immoral because they
are essentially marketing alcohol under the guise of water/soda.
Advertisements for social causes are ethical and well -received by the
public, and they should be broadcast regular ly to guide society toward
progressive change. Advertisers spend a lot of time attempting to predict
what their target consumers desire and how they will react. Many times
their efforts pay off, but occasionally the commercials they create are
absolutely i mmoral and in poor taste.
Considering all of these factors, advertisers should begin to self -regulate
their commercials by: munotes.in

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Ethics in Advertising

177 • Creating self -regulatory rules in their companies based on ethical values,
truth, decency, and legal considerations.
• Keeping t rack of their advertising activity and eliminating any ads that
do not adhere to the guidelines.
• Informing customers about their company's self -regulatory codes.
• Paying attention to consumer complaints about product ads
• Ensuring that the company and its systems are transparent.
If all of the above ideas are executed, the company will be held
accountable for all of its activities, reducing the risks of being caught out
by critics or other regulatory bodies. Customers will be more likely to trust
the fi rm and the goods as a result of this.
Check your Progress
1) What are advertising ethics
2) What Is ASCI?
3) What are the three moral principles of advertising?
15.7 SUMMARY
In India, where advertising shapes consumer behaviour, beliefs, and
attitudes, ethics in ad vertising is crucial. Ethics in advertising helps
advertisers be accountable, responsible, and transparent, benefiting society
and people. Ethics in Advertising helps professionals comprehend their
ethical boundaries and the principles that should govern t heir decision -
making, fostering social responsibility and discouraging the propagation
of damaging or unethical practices. Advertisers must avoid deception and
promote ethical products and services. Advertisers may improve their
brand reputation and help I ndia's advertising business by prioritising
ethics. Thus, India's advertising sector must promote social responsibility
and ethical behaviour through prioritising ethics in advertising.
15.8 QUESTIONS
1. What is advertising? How would you define broadcast ad vertising?
2. Outdoor advertising is both an effective way to advertise as well as cost
effective. Do you agree?
3. What is ethical advertising? How is it different from unethical
advertising?
4. What role does the ASCI play as far as Indian advertising is concerne d?
5. What are some products that need constant supervision while
advertising? munotes.in

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Ethics constitution
and media laws
178 15.9 REFERENCES
 Mohan, Mahendra (second edition 2008), Advertising Management:
Concepts and Cases, Tata McGraw Hills Publishing Co., New Delhi
 Kohli, Vanita (2010), The Indian Medi a Business, Response Books,
New Delhi
 Jean J. Boddewyn (1992), Global Perspectives of Advertising Self -
Regulation, Quorum Books: Connecticut, USA
 Edward Spence and Brett van Heekeren (2005), Advertising Ethics;
PearsonPrentice -Hall, New Jersey, USA
 Jethwan ey, Jaishri (2012), Advertising Management; Oxford
University Press, New Delhi


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