What's New

case Studies

Q. You are waiting in your car for your turn at a toll tax booth. You suddenly witness some men heckling and manhandling the toll booth operator and vandalising the property at the toll booth. They are accompanying a local politician who was passing through. Disgruntled with the fact that they were asked to pay the toll, they began to argue that the toll is too high and the public is being exploited by charging an unreasonable toll fee. At the same time they are also warning others against paying the toll fee. However, the other people around you are keeping with themselves, without anyone coming forward to intervene. While you also felt that the toll was quite high, you believe that this is not the right thing to do. (a) Bring out the ethical issues in the case above. (b) What accounts for such an overt display of hooliganism in our country. (c) What is the course of action that you would take? Justify with appropriate reasons.

The given case demonstrates the impunity with which the powerful break the law in our country. They not only take law into their own hands, but also dissuade others to follow lawful action. With the implicit guarantee that local administrative machinery is either with them, or will not be able to take any action, such people demonstrate that rule of law is more of a theoretical construct rather than a practical guarantee for citizen’s rights and state’s actions.

(a) In the given case, the ethical issues can thus be identified as:

• Attitude towards the authority of state
• Exercise of power on the weak
• Demonstration of inequality in the society that manifests in various forms
• Passive approval to hooliganism for personal benefit
• A slippery slope for the society to anarchy if it fails to check violation of rule of law. No person

has the right to take upon the law in his hands and be judge for what is good or bad for the rest

of population. There is also a question of Personal benefit vs Social benefit. While not intervening will save the toll as I also feel that the toll is high, but keeping silent will amount to approving of violence. It will encourage hooligans and they will repeat this behaviour disturbing peace in the society.

Non-violence: If those men had problem with toll, they should use non-violent means. Using violence is inherently bad and cannot be approved even if for the purpose of larger public good.

Loss of public property: Loss of public property can never be justified on the annals of public morality. Injustice: Not paying the toll by few will be unjust to those who have paid the toll.

(b) Such incidents are common in our country as we often hear news about miscreants vandalising public and private property and beating or killing people at will. Following factors can account for such behaviour in our country:

• Powerful people like politicians, rich businessmen or criminals have scant respect for law. They feel that they have resource to escape the clutches of law.
• Public believes that people indulging in such behaviour are serving their cause. While at other

times it is ready to take narrow benefits accruing out for them. Thus such hooligans get public

support.

• Public has developed an apathy towards such violence and hooliganism and does not risks its

well-being by intervention. This encourages violence and disdain for law.

• Decline in ethical values among people where short term personal benefits supersede long term societal and national interests has boosted such behaviour.
• Lack of education and quality employment opportunities ensures supply of people to the powerful individuals who can employ and exploit them for their personal interests.

(c) The issue here is obstructing the functioning of the Toll Booth established under a state order and therefore acting as an ” agent of the state which is a penal offence. Such action causes ” affray” – an offence under the IPC and therefore the police should be informed by phone to take immediate action as there might be a breach of peace.

Since the hooligans are indulging in violence, I cannot remain a mute spectator. But direct intervention may lead to them turning their ire at me. Further people may not come out to support me so it would not be a wise choice. First, I would immediately call the police. I can be a witness against the goons. But involvement of local politician may possibly impact the investigation by the police. I can make a video clip of the whole incident and use it to prove the involvement of miscreants. Today social media has become a powerful tool for mobilising public sentiment which often moves the government machinery into action. I can post the clip on social media to bring to the public and print and news media, the illegal

action of miscreants.

In such situations, emotional intelligence can be a potent tool in the armour. I will have to demonstrate exceptional leadership capability through EI in order to minimise the damage that the goons are doing. Also, the person who is being beaten is merely a staff at the booth and was only doing his duty. I must take all measures to protect him.. Talking to hooligans in a friendly manner will help me gain their ear. I can try to cool their tempers down and talk them out of the situation.

At the same time, I will write to the competent authority about the high toll rates. I would bring to their notice that general public is not happy with the toll and this may lead to recurrence of such incidents again. I would request them to reduce the toll rates in their own as well as public interest. Through, such course of action, I will aid the delivery of justice. It would also give me satisfaction in doing morally upright thing. I would also be able to do something about the high toll while probably preventing violence against public personnel and property in the future and serving the larger public interest.