(a) “Refugees should not be turned back to the country where they would face persecution or human right violation.” Examine the statement with reference to ethical dimension being violated by the nation claiming to be democratic with open society. (b) Should impartial and being non-partisan be considered as indispensable qualities to make a successful civil servant? Discuss with illustrations.
Subtopic: Probity & Governance · non-refoulement and civil-service neutrality
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227 words · target 150 words · 20 min
(a) Refugees and the ethical dimension of non-refoulement
Non-refoulement — not returning a person to a territory where they face persecution — is a cornerstone of humanitarian ethics and customary international law. A democracy that claims to be an open society yet expels such refugees violates several ethical dimensions: the duty of compassion and the sanctity of human life; the Kantian imperative to treat persons as ends, not as instruments of political convenience; the principle of human dignity; and the hypocrisy of professing liberal values while practising exclusion. Even where a state is not a party to the 1951 Refugee Convention, the moral obligation to protect the vulnerable and uphold constitutional guarantees of life (Article 21 extends to non-citizens in India) stands. Security concerns are legitimate but must be balanced through fair screening, not blanket refoulement.
(b) Impartiality and non-partisanship
Impartiality means deciding on merit without favour or prejudice; non-partisanship means serving the government of the day loyally without aligning with any political ideology. Both are indispensable: they preserve public trust, ensure equal treatment of citizens, and protect institutional continuity across regimes. A partisan officer distorts welfare delivery and erodes rule of law, whereas an impartial civil servant — like an Election Commission official conducting free polls, or a district magistrate distributing relief regardless of caste or vote — sustains legitimacy. Yet impartiality is not moral indifference; it must coexist with compassion for the disadvantaged.
What an examiner expects to see
- Non-refoulement bars returning refugees to persecution; it is a norm of humanitarian and customary international law.
- Turning back refugees violates compassion, human dignity, the Kantian ends-principle and constitutional guarantees.
- Article 21 protection of life and liberty in India extends to non-citizens.
- Security concerns are addressed by fair individual screening, not blanket expulsion.
- Impartiality = merit-based, favour-free decisions; non-partisanship = loyal service without ideological alignment.
- Both values preserve public trust, equal citizen treatment and institutional continuity across governments.
- Impartiality must not become moral indifference — it coexists with compassion for the weak.
Concrete cases, schemes and judgments
- 1951 Refugee Convention and its non-refoulement principle; India's long tradition of sheltering Tibetans and Sri Lankan Tamils.
- NHRC v. State of Arunachal Pradesh (1996) affirmed protection of Chakma refugees' life and liberty.
- Election Commission officials and the model code enforce impartiality during polls.
- Second ARC's emphasis on political neutrality of the permanent civil service.