GS Paper 4
Syllabus: Applications of Ethics
Example 1: Australia: Indigenous “Voice to Parliament”
Australia is currently conducting a referendum that will determine whether the country’s indigenous peoples should have a formal voice in the law-making process. The referendum aims to alter the Constitution to recognize the Aboriginal and Torres Strait Islander people and establish an Indigenous “Voice to Parliament.”
This move is prompted by the significant disparities faced by indigenous Australians in terms of socio-economic indicators, including a life expectancy eight years shorter than non-indigenous Australians, higher disease and infant mortality rates, and a suicide rate twice as high as their non-indigenous counterparts.
Ethical values in the case:
| Ethical Values | Description |
| Recognition and Inclusion | Acknowledging the historical and cultural significance of the First Peoples of Australia, promoting inclusivity, and addressing past injustices. |
| Equality and Justice | Working towards greater equality and justice in socio-economic indicators, ensuring equal access to resources and opportunities. |
| Respect for Indigenous Rights | Upholding the rights of indigenous communities to have a say in decisions that impact their lives, fosters self-determination and autonomy. |
| Reconciliation | Acknowledging historical wrongs and promoting reconciliation by engaging in respectful dialogue and addressing past grievances. |
| Democracy | Upholding democratic principles by involving indigenous people in the legislative process, enhancing representation in the democracy. |
| Empowerment | Empowering indigenous communities by providing a formal mechanism for influencing decisions affecting their lives. |
| Cultural Preservation | Recognizing the importance of preserving and respecting the cultural heritage of indigenous communities, including the Torres Strait Islander people. |
Example 2: Abortion at 26 weeks of pregnancy
The Supreme Court is currently deliberating a case involving a 27-year-old married woman seeking an abortion at 26 weeks of pregnancy.
The Medical Termination of Pregnancy Act (MTP Act) in India allows abortion in various stages of pregnancy, and the court has previously permitted terminations beyond 26 weeks in certain circumstances.
However, in this case, there is consensual conception, as it is not a result of forced pregnancy.
Ethical Dilemmas in this case are:
| Ethical Dilemma | Description |
| Reproductive Autonomy vs. Foetal Rights | Balancing a woman’s right to choose whether to terminate her pregnancy with the rights of the unborn child. |
| Late-Stage Abortion vs. Legislative Framework | Determining whether to permit an abortion beyond 26 weeks when the legislative framework is more restrictive |
| Medical Board vs. Woman’s Autonomy | Examining whether the decision for late-stage abortion should solely rest with medical boards or be more inclusive of a woman’s autonomous choice. |
| Unborn Child’s Rights vs. Mother’s Fundamental Right to Life | Navigating the balance between the fundamental right to life of the unborn child and the mother’s autonomy in reproductive choices. |
Overall, the ethical considerations in this context encompass women’s autonomy, the rights of the unborn child, and the need for clarity and updated legislation in cases of late-stage abortions.
What is the concept of foetal viability?
It refers to the stage of pregnancy at which a foetus has developed sufficiently to potentially survive outside the womb with medical assistance. It varies with advancements in medical technology and typically falls between 23 to 24 weeks of gestation in modern healthcare settings. This concept influences decisions related to late-stage abortions and the rights of the unborn child.
