ETHCAL LAW ENFORCEMENT

1. By :
Jennifer Chhetri Bajracharya
6th Sems
BPSG
Padma Kanya Multiple Campus

2.  The agencies and the employees responsible for enforcing laws, maintaining public
order and managing public safety,
 Also are the members of the government who act in organized manner to enforce the
law by discoveriong,deterring, rehabilitating, or punishing people who violate the rules
and norms governing that society. (New Law Journal, 1974),
 the most typical agency that fulfills the role of law enforcement agency is a Police
Force.Though some militaries do have branches that enforce laws often called
gendarmerie, security forces or internal troops,

3.  Police culture covers the values and standards that affect behaviour patterns and
work practises, as they are applied by the police officer (ISSAT 2023),
 Organizational values in police community which is universely accepted is Police
Culture, “Deeper the intergration Safer the Society”
 Nepal- “Truth, Service and Security” “;To ,;]jf, ;/Ifd” SFDS
 Theme-
 Moral transformation of terriotory,
Force is righteous (commanding power)
 Discourage gun culture
The twilight world (suspicion)
Solidarity for all

4. Deterrance
Individualism and Paradox of personal accountability
Deception control (fraud control)
Becoming individual (CID , CBI)
Anything can happen on the street
Turbulence and Edge control
Police Morality
Danger through the Lens of Culture
Masculinity

5.  Favouritism , Nepotism
 Misintegration
 Police culture is not implemented well
 Lack of institutional trust worthiness
 Somewhere engaged in a criminal case
 lacking diversification
 Police culture orientation is based on threats

6.  Authority - it is power , duty, responsibility, obligation which is limited with duty bound,
that is accountable, responsible and answerable.
1. Expressed - based on leagl text
2. Unexpressed - based on individual morality
 Discretion - it is judicious, ethical where there might be gap in law.
1. Good discretion - preserving human value and promoting good beahviour,
2. Bad discretion- misuse of power
3. Mundance discretion- nuetral , balancing i.e using power and authority at the same
time being sensitive towards freedom of people following due process.

7. Importance of authority and discretion :
• interchangeable words , discretion is use when there is over use of authority but are
result oriented ,
• judicial and ethical decision making ,
• liberty , property and freedom under the basis of due process must preserve human
value,
• maintain good governance (rule of law, equality and equity),
• enhance the efficiency of public and private sector,
• leality and validity
• preserve personal freedom, life, liberty
• useful tools for corruption control,
• reward and punishment that enhance personal efficiency

8.  Moral Dilemma ( personl Vs professional life)
 that arise due to financial crisis ( family pressure is hidden factor)
 it leads to self centered
A situation in which and entity or individual becomes unreliable because of clash
between personal interest and professional duty is called Conflict of Interest. That may
result self centered, family interest promotion, acceptance of gifts, bribes and enhance
corruption.
Personal Vs Professional
- Family Pressure
- Friends
- Realtives
- Low Salary
- Low Incentives
- Low facilitation

9.  Unethical Behaviour -
values against (misusing rule of law)
Principles against (monopoly)
Morale against (immoral)
supporting briebery, impartiality, nepostism, facouritism, process oriented and delay in
service delivery.
 Current paractises - 1. Policy Level
2. Constitution Level
3.Institution Level
4.Social Level

10. 1. Policy Level-
 there is specific code of conduct
 provisions for reward and punishment (to encourage goodness and to discourage
badness)
 Right to Information Act
 Good Governance Act
Every policies have to follow ethics
2. Constitutional Level
 Preamble part i.e peeping window to observe unethical behaviour
 13 constituional bodies as a watchdog to maintain constitutional provisions
 16 Parliamentary committee, other commissions & council, Political parties fro check
and balance
 Strong opposition and high alert all the time
 High morale is mandatory while appointing higher post
 promotes Good Governance

11. 3. Institutional Level
 Policy reform institutions (think tank- experts providing advice and ideas on specific
political or economic problems)
 on time reviewing
 Judiciary and Police
 Government organs (Legislative, Executive and Judiciary) priotize ethical behaviour
 citizens charter and grieveance hanle and nodle officer
4. Social Level-
 Advocate to the people
 Infromal group of society with certain problems
 Advocate group( Aaama Samuha ) Civil Society

12.  Corruption index is 34 points out of 100
 Corruption Rank 110 position in least corrupt nation out of 180 countries
(e.g. CIAA had filed a corruption case at the special court against Raj Narayan Pathak
(former CIAA commissioner) and Deep Basnetin former chief of CIAA)sent to judicial
custody corruption case realted to Baluwatar land. Here Implimentor are the one who
supports briebery.
 Omni case- during pandemic focusing on building tower instead of providing covid
vaccine
 Truth reconcilliation charges Prachanda
Other Countries-
Donald Trump -34 charges for violation of Rule of Law ,
Impeachment to Goswani of India

13.  Corruption=(Monopoly+Discretion)-Accountability
Results - misuse of power and authority
using public property , resources and authority for private gain
trade of power
delay in service delivery
Social Diseases
Inflation
3 measures of corruption - Preventive , Promotive and Curative

14.  Interpol connection
 IMF
 INTOSAI
 EU