Published on February 6, 2014
Personal Interest and Conflict of Interest
Presented by Maj. Gen. Nilendra Kumar Director Amity Law School Noida
Vertical Interaction Course, Ethics and Accountability in Police 3 February to 7 February 2014
KEY WORDS 1.PERSONAL INTEREST 2.SELF INTEREST 3.BIAS 4.PREJUDICE 5.CONFLICT INTEREST OF
Attributes of a Good Cop 1. 2. 3. 4. Honesty Integrity Ethical morals Self motivation
By training, experience and requisite maturity an officer develops the capacity to choose between what would be acceptable and what would invite censure.
In other words, one has to take a decision oneself.
A good police officer demonstrates integrity, honesty, strong sense of responsibility.
One’s reputation and image is built over a length of time.
Reputation & integrity may need to be very carefully protected by actual and real performance.
Be open and transparent about your personal interest.
Transparency implies openness, communication and openness.
People placed in position of power must take extra steps to ensure that their private interest do not compete with their professional duties.
Laws are grounded on the nation that government officials own paramount loyally to the public thus personal and private considerations should not be allowed to enter the decision making process.
Bias is a feeling or attitude showing leaning towards an area of life such as politics, society, religion or economics.
Bias Bias may be defined as a preconceived opinion, or a predisposition or pre-determination to decide a case or an issue in a particular manner, so much so that such pre-disposition does not leave the mind open to conviction.
BIAS MEANS INCLINATION OR PREJUDICE
Bias is in fact a condition of mind which sways judgments and render the Judge unable to exercise impartially in a particular case.
Prejudice means irrational suspicion or hatred of a particular group.
PREJUDICE IS A NEGATIVE FACTOR. IT PROMOTES DISLIKE AND HATRED, RESULTING IN DIVIDE BETWEEN THE PEOPLE.
A rational and objective approach is free of bias or prejudice.
Self Interest means 1. Selfish or excessive regard for one’s personal advantage or interest 2. Personal advantage or interest
Personal interest may also be said to be the act or an instance of perusing one’s own interest.
Personal interest carries a negative connotation because it shows regard for one’s own interest or advantage; especially with disregard for others.
PERSONAL INTEREST INCLUDES THE OFFICIAL INTEREST AS WELL.
Conflict of Interest definition A situation that has the potential to undermine the impartiality of a person because of the possibility of clash between the person’s self interest and professional interest or public interest
A conflict of interest is a set of circumstances that creates a risk that professional judgment or actions regarding a primary interest will be unduly influenced by a secondary interest.
A conflict of interest occurs when an individual ins involved in multiple interests, one of which could possibly corrupt the motivation
A conflict of interest can create an appearance of impropriety that can undermine confidence in his impartiality or sincerity.
A conflict of interest could impair an individual’s ability to perform his or her duties and responsibilities objectively.
INTEREST TOWARDS •ONE’S SCHOOL OR UNIVERSITY •ONE’S COMMUNITY/CASTE •ONE’S DISTRICT •ONE’S FINANCIAL INTEREST
One may have strong dislike for a political ideology, party, region, community, caste, type of business etc.
Often such dislike or hatred may be purely on subjective considerations.
Forms of Conflict of Interest 1. 2. 3. 4. 5. Self dealing Outside employment Family interest promotion Gifts acceptance Accepting bribes
Chetwode Motto The safety, honour and welfare of your country comes first, always and every time. The honour and welfare of the men you command come next. Your own safety, honour and welfare comes last, always and every time.
Police officials must at regular interval and frequently be asked to disclose full details of their assets, family members and their employment.
Evidence of several side businesses owned by police officers.
Measures to Monitor Conflict of Interest 1. Self policing 2. Lay down code of ethics and ensure its compliance. 3. Threat of disciplinary action
Conflict of interest can arise in almost any situation in which a police officer becomes involved. Situations must be clearly defined where a police officer’s personal assets, affairs or interests place him in a real, apparent or potential conflict of interest with the duties and responsibilities of the department which would affect his judgment.
Directive Five Supreme Court of India on Police Reforms in Prakash Singh case 2006 (8). SCC 1 Set up a Police Complaints Authority (PCA) at state level to inquire into public complaints against police officers of and above the rank of Dy. Superintendent of Police in cases of serious misconduct including
custodial death, grievous hurt or rape in police custody and at district levels to inquire into public complaints against the police personnel below the rank of Dy. Superintendent of Police in cases of serious misconduct.
THE POLICE CODE OF ETHICS I WILL NEVER ACT OFFICIOUSLY OR PERMIT PERSONAL FEELINGS, PREJUDICES, ANIMOSITIES OR FRIENDSHIPS TO
I will keep my private life unsullied as an example to all.
Initial monitoring prevention, counselling and disciplining.
Old saying Roko (Check) Toko (Counsel) Thoko (Discipline)
Create a cradle of leadership for the police officers like National Defence Academy or United States Military Academy, West Point.
Remedial Measure An investigation team that has been specifically designed to look into crimes by police officers and one that is modelled after the Internal Affairs division of police forces in other countries
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