Debate: Public Life vs Privacy Rights of Individual

Can A Consensual Act Of Sex Done In Private Be Part Of Public Scrutiny And News Debate?


A politician's life is always up for scrutiny and we expect transparency and accountability from them in terms of their functioning, fulfilling of promises and their public behavior.

But where the scrutiny should stop? Where there should be a line? Few points to ponder:

1. Can we, as public, scrutinise what they do inside their four-walled room if it is not a coerced act?

2. Does their behaviour inside their houses that is consensual and doesn’t go against the law affect the public who have voted them in any way possible?

3. Is the media allowed to question their sexual behaviour and run a debate on it, if it is not a criminal act? is not this an intrusion into the privacy of a person?


4. Is it not unlawful to film someone having sex without his/her consent? Realising MMS of a person is also a crime?


5. Would the media behave in a different manner depending on the gender of the sex tape of the politician released and our reaction as the public to the event changes depending on the gender of the person?


6. Isn’t the punishment and to file case is up to the spouse of the person who has been found in a sexual act with a person other than him/her not to the public? The politician can be booked under a case of adultery and that too depends on the spouse.


Or


7. Is it right for public and media to look into every finer details of a politician and make a spectacle of it?



Courtesy-Logical Indian :)


PS-NO BAKAR ..talk mannerly.. just explore the Ethical dimensions which may be asked in Ethics case study or other areas of relevance in exam !!!..and Think broader than current affairs !!!
Being IAS... 4 U Onlyyy... :-)


" Woods are lovely dark and deep..
But I have promises to keep..
But I have promises to keep..
And miles to go before I sleep.. before I sleep. " :)

#HumHongeKamyaabEkDin :)

Comments

  • Thanks for bringing up this choti bhai, although i know my view on this, let me research the topic in detail and then comment, so that it will helpful from upsc pov. :)
    Good Bye. See you Later.
  • Cutoff kya hai ...cutoff ??
    cutoff kabali hu mai...
  • Hmmm..we can see and go through with Bill Clinton-Monica issue as well..He was a president that time and the sex tape was quite into the news.

    Ethical dimension..

    Hmm minister was in charge of women and Child department/ministry and nevertheless it had made an impact ..I am not saying if minister was from different ministry ,there would been a less impact...no impact would have been the same..but here the former has more responsiblity towards society..

    Media and Public should indulge into the matter that to an extent..without hampering sophisticated environment we have in our country..
  • public scrutiny should be done, when there is a matter of public interest. What can be a matter of public interest in consensual sex, unless there is an accusation of it being non-consensual. In the latter case it may turn into a police complaint. Any larger public debate could then be about the boundaries of consent, including the consent to record the act. And yes then it concerns public interests.

    Moreover section 377 criminalising anal sex also brings another point of debate about whether an act that is criminal but not reported, whether with or without consent, is out of purview of law. Or how and whether such acts should be regulated.
    तदबीर से बिगड़ी हुई तक़दीर बना ले, अपने पे भरोसा है तो एक दाँव लगा ले।
  • Let me give you some good stuff to reorient your viewpoints in more relevant direction and have a holistic understanding of such ethical issues ..just try to learn good english and logical ethical approach mentioned in the article-

    https://www.scu.edu/ethics/focus-areas/government-ethics/resources/what-is-government-ethics/the-personal-lives-of-public-officials/

    Don't limit your viewpoint by just one Article but learn how to explore perspectives ..that's how Ethics paper may fetch you good marks !!! :) ATB
    Being IAS... 4 U Onlyyy... :-)


    " Woods are lovely dark and deep..
    But I have promises to keep..
    But I have promises to keep..
    And miles to go before I sleep.. before I sleep. " :)

    #HumHongeKamyaabEkDin :)
  • 1. Personal behavior, ethics and morals influence in performance of the duties by a public official. Therefore, Even though everyone is entitled to privacy, personal lives of public officials goes through public scrutiny from time to time.
    2. Public officials should strictly adhere to laws of the land in their personal lives, as common public often looks up to them.
    3. Personal acts which are legal but may be perceived as unethical or immoral also undergo public scrutiny. However, In such cases, The public official should be given a proper opportunity to present his side and defense. After establishing the facts, its for the people to decide whether the act was indeed immoral or unethical. If Majority of the public feels so, The official should be officially reprimanded and this act should be taken as a precedent to evaluate future wrong-doings, if it happens.
    If there is no consensus of the unethical or immoral issue. No action should be taken against the public official.

    I also feel that in cases involving only ethical/moral issues and not any legal issues, the personal should be given a chance on the first instance of any such act, so that he can correct himself.

    Coming to the issue at hand,
    No idea if the act was done before or after marriage of the guy in question. No idea if the woman involved in the act was married at the time of the act or not.

    1.If the guy was married,
    A. If his wife files a case. It becomes Illegal, Immoral and Unethical.
    B. If his wife did not file a case for whatever reason. It becomes legal, but Immoral or/and Unethical.

    2.If the woman involved in the act was married,
    A. If her husband files a case. It becomes Illegal, Immoral and Unethical.
    B. If her husband did not file a case for whatever reason. It becomes legal, but Immoral or/and Unethical.

    3.If both the guy and woman were not married at the time of act, and if there was no case of any sort of abuse,
    The act becomes perfectly legal. Also in this case it is not fair to be subjected to public scrutiny to decide the ethical/immoral issue, as it not only violates the privacy of the person but also tarnishes the image of the people involved for no sane reason.

    For case 1A and 2A, Govt May take any action it feels necessary under the provisions of the law.
    For case 1B and 2B, Govt may reprimand the official and may or may not choose further punitive action under the law, it depends on a case to case basis by including factors like the consequences and impact of such an act in the life of other people.
    For case 3. He should be set free.

    Also, Would like to add that, Media should be responsible while they report such acts and make sure they present only the available facts and not judgements or opinions till the investigation is complete. Once the investigation is complete, Media can take whatever stand they want to. :)
    Good Bye. See you Later.
  • edited September 2016
    @pizza sir g..

    Nicely written and explained.. BUT STILL I FEEL THAT IF THIS CASE STUDY IS ASKED IN ETHICS EXAM..THEN ANY PHILOSOPHY OR ETHICS PROFESSOR CHECKING YOUR COPY WILL NOT BE MUCH IMPRESSED BY this YOUR's SEGREGATED RESPONSE.. Why ???

    Because you cleverly avoided the REAL DEBATE..crux of the issue is

    IS PUBLIC OFFICIAL HAVE TO OBSERVE GREAT MORALITY/ETHICS IN PERSONAL PRIVATE LIFE (as far as a common man claims it!) TOO ??..CAN A PERSON BE IMMORAL IN PRIVATE LIFE YET MORAL IN PUBLIC LIFE ???...IF YES THEN SHOULD MEDIA/PUBLIC AVOID DISCUSSION ON SUCH PRIVATE MATTERS/AFFAIRS ???...OR IF NOT THEN SHOULD PUBLIC OFFICIALs MUST BE MORAL in Both public and Private life ???? etc


    Whatever you written in political and legal perspectives but ETHICS is something different sir g... that's why people get lesser marks in Ethics paper despite writing brilliantly in their own Subjective opinion IMO !!!..You can't get above average marks by avoiding crux debate in ethics ..so Better try to focus on that..REMEMBER it doesn't matter which stand you take only thing ethics matter is that whether YOU BACKUP YOUR STAND WITH SOUND AND IMPACTFUL ETHICAL logics !! :)


    So try to focus on that... few points raised by you are surely correct.. but few are POLITICALLY correct only.. :)


    LET ME GIVE YOU A CARDINAL PRINCIPLE TO YOU TO CHECK WHETHER YOU DEALT WITH A PARTICULAR ETHICS CASE STUDY WELL OR NOT ??..

    "If after writing answer to it You somehow feel that you have settled the pious dilemma FOREVER in best logical manner and Now no further stronger arguments can be made to counter your stand..."

    .
    .
    .
    .

    Then just Understand that you have written JUST AN AVERAGE ETHICS ANSWER ;) Because in Ethics no debate can ever be settled conclusively and clearly bcz here no fight between Wrong vs Right ..but RIGHT VS RIGHT only :)


    So now you can judge your answer viewpoint and it's Ethical Level !!! :smile:



    PS- just for learning purpose.. in real life your approach will work Best ..But ethics is about "HOW IT OUGHT TO BE ??" not " HOW IT IS ??"


    Please refer Bill Clinton- Monica controversy and ethical perspectives exemplified by it.. this is perhaps best example to quote in Any such Public Life vs Private Life debate in Ethics.. others are also there like Elliot Spitzer controversy etc But this was Best and holistic..


    Rest I will tell few more pointers and GOOD ENGLISH tomorrow which I believe can be expressed while dealing with such cases.. till that let some other voices come out !!! ATB..keep writing :)
    Being IAS... 4 U Onlyyy... :-)


    " Woods are lovely dark and deep..
    But I have promises to keep..
    But I have promises to keep..
    And miles to go before I sleep.. before I sleep. " :)

    #HumHongeKamyaabEkDin :)
  • edited September 2016
    @Yo_Yo_Choti_Singh Thank you very much choti bhai, will keep everything in mind. :innocent:
    Good Bye. See you Later.
Sign In or Join to comment.

Subscribe to ForumIAS Blog

Welcome!

We are a secret self-moderated community for Civil Services preparation. Feel free to join, start a discussion, answer a question or just to say Thank you.

Just dont spread the word ;)

Sign in or join with Facebook or Google