TABLE OF CONTANT PAGE NO ACKNOWLEDGEMENTS 2 CHAPTER-1 INTRODUCTION 4 CHAPTER-2 WHAT IS LAW?

8 CHAPTER-3 ETHICS AND LAW12 CHAPTER-4 GOVERNMENT POLICIES AND ETHICS 21 CHAPTER-5 BIBLIOGRAPHY 36 4 CHAPTER-1 INTRODUCTION 5 INTRODUCTION What is Ethics? Ethics (also known as moral philosophy) is a branch of philosophy which seeks to address questionsabout morality; that is, about concepts like good and bad, right and wrong, justice, virtue, etc.Ethics refers to the moral values that govern the appropriate conduct of an individual or group. Ethicsspeaks to how we ought to live, that is, how we ought to treat others and how we ought to run or manageour own lives. Simply stated, ethics refers to standards of behavior that tell us how human beings ought to act inthe many situations in which they find themselves-as friends, parents, children, citizens,businesspeople, teachers, professionals, and so on.Ethics refers to a system of moral principles a sense of right and wrong, and goodness andbadness of actions and the motives and consequences of these actions. As applied to businessfirms, ethics is the study of good and evils, right and wrong and just and unjust actions of businessmen. Ethics is a body of principles or standards of human conduct that govern thebehavior of individuals and groups. Ethics arise not simply from man's creation but from humannature itself making it a natural body of laws from which man's laws follow. Ethics is a branch of philosophy and is considered a normative science because it is concerned with the norms of human conduct, as distinguished from formal sciences such as mathematics and logic, physical

6 sciences such as chemistry and physics, and empirical sciences such as economics andpsychology.Ethics is seen as an individuals own personal attitude and a believe concerning what is right orwrong, good or bad. It is important to note that ethics reside within individuals and thatorganization doesnt have ethics. People have ethics. Consequently, its definition andunderstanding varies from person to person. These are not absolute, but are relative. Ethicalbehaviors are in the eye of beholder. What is right or wrong is a personal individual matter, but isstill influenced by socially accepted norms. Right, and proper and fair are the ethical terms. Itexpresses a judgment about behavior towards people they felt to be just. Ethics are useful toolsfor sorting out the good and bad components within complex human interactions. Business ethicsdoes not differ from generally accepted norms of good or bad practices. If dishonesty isconsiders to be unethical and immoral in the society, then any business man who is dishonest hisor her employees, customers shareholders, or competitors is unethical and immoral person.Businessmen should not try to evolve their own principles to justify what is right and what iswrong. Ethics refers to accepted principles of right or wrong that govern the conduct of aperson, the members of a profession, or the actions of an organization. Business Ethics are theaccepted principles of right or wrong governing the conduct of business people. Ethical decisionsare those that are in accordance with those accepted principles of right and wrong, whereas andunethical decision in one that violates accepted principles. This is not as straightforward as itsounds Managers may face ethical dilemmas, which are situations where there is no agreementover exactly what the accepted principles of right and wrong are, or where none of the availablealternatives seems ethically acceptable It is helpful to identify what ethics is NOT

Ethics is not the same as feelings. Feelings provide important information for our ethicalchoices. Some people have highly developed habits that make them feel bad when theydo something wrong, but many people feel good even though they are doing somethingwrong. And often our feelings will tell us it is uncomfortable to do the right thing if it ishard. 7

Ethics is not religion. Many people are not religious, but ethics applies to everyone. Mostreligions do advocate high ethical standards but sometimes do not address all the types of problems we face.

Ethics is not following the law. A good system of law does incorporate many ethicalstandards, but law can deviate from what is ethical. Law can become ethically corrupt, assome totalitarian regimes have made it. Law can be a function of power alone anddesigned to serve the interests of narrow groups. Law may have a difficult time designingor enforcing standards in some important areas, and may be slow to address newproblems.

Ethics is not following culturally accepted norms. Some cultures are quite ethical, butothers become corrupt -or blind to certain ethical concerns (as the United States was toslavery before the Civil War). "When in Rome, do as the Romans do" is not a satisfactoryethical standard.

Ethics is not science. Social and natural science can provide important data to help usmake better ethical choices. But science alone does not tell us what we ought to do.Science may provide an explanation for what humans are like. But ethics providesreasons for how humans ought to act. And just because something is scientifically ortechnologically possible, it may not be ethical to do it. IS ETHICS JUST ABOUT HAVING THE RIGHT PRINCIPLES? When people respond intuitively to the question What is ethics? they tend to identify ethicswith principles which distinguish right and wrong. And this is correct as far as itgoes. However, the kinds of situations which demand ethical action motivated by sound ethicalprinciples also require a specific kind of thinking, namely ethical reflection.

CHAPTER-2 WHAT IS LAW?

9 WHAT IS LAW? Law is a system of rules, usually enforced through a set of institutions. It shapes politics,economics and society in numerous ways and serves as a primary social mediator of relationsbetween people. Contract law regulates everything from buying a bus ticket to trading onderivatives markets. Property law defines rights and obligations related to the transfer and title of personal (often referred to as chattel) and real property. Trust law applies to assets held forinvestment and financial security, while tort law allows claims for compensation if a person'srights or property are harmed. If the harm is criminalized in a statute, criminal law offers meansby which the state can prosecute the perpetrator. Constitutional law provides a framework for thecreation of law, the protection of human rights and the election of political representatives.Administrative law is used to review the decisions of government agencies, while internationallaw governs affairs between sovereign nation states in activities ranging from trade toenvironmental regulation or military action. Writing in 350 BC, the Greek philosopher Aristotledeclared, "The rule of law is better than the rule of any individual." Legal systems elaboraterights and responsibilities in a variety of ways.A general distinction can be made between civil law jurisdictions, which codify their laws, andcommon law systems, where judge made law is not consolidated. In some countries, religion stillinforms the law. Law provides a rich source of scholarly inquiry, into legal history, philosophy

10 economic analysis or sociology. Law also raises important and complex issues concerningequality, fairness and justice. "In its majestic equality", said the author Anatole France in 1894,"the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread." In a typical democracy, the central institutions for interpreting and creating law are thethree main branches of government, namely an impartial judiciary, a democratic legislature, andan accountable executive. To implement and enforce the law and provide services to the public, agovernment's bureaucracy, the military and police are vital. While all these organs of the stateare creatures created and bound by law, an independent legal profession and a vibrant civilsociety inform and support their progress. ARE ETHICS AND LAWS TWO SIDES OF ONE COIN?

Most of the time laws are written, approved, and then enforced by the level of government wherethey were written. For example, a State law is enforced by the state. A Federal law is enforced bythe Feds.In other words; State Laws and Government Laws go through a process to get approved, writteninto law, and then are enforced.Ethics are like rules of conduct. For example, Doctors have unwritten ethical rules or practicesthat they adhere to just because it's the right thing to do. They have the responsibility to take careof you to the best of their ability. It's ethically correct for a Doctor to do his best to help you withyour medical malady, but it's not a law that he has to. If a Doctor is unable to help you with yourproblem he has an ethical responsibility to refer you to a specialist, but there is not a law sayingthat he has to do that. Most occupations have ethics that come along with the job. They are notwritten done, they are unspoken rules of conduct that people adhere to. For example anelectrician has an ethical responsibility to repair your house wiring correctly so that it workscorrectly and is not a safety hazard for you. 11 Natural Law and Reason Among intellectuals who consider themselves "scientific," the phrase "the nature of man is apt tohave the effect of a red flag on a bull. "Man has no nature!" is the modern rallying cry; andtypical of the sentiment of political philosophers today was the assertion of a distinguishedpolitical theorist some years ago before a meeting of the American Political Science Associationthat "man's nature" is a purely theological concept that must be dismissed from any scientificdiscussion.l In the controversy over man's nature, and over the broader and more controversialconcept of "natural law," both sides have repeatedly proclaimed that natural law and theology areinextricably intertwined. As a result, many champions of natural law, in scientific or philosophiccircles, have gravely weakened their case by implying that rational, philosophical methods alonecannot establish such law: that theological faith is necessary to maintain the concept. On theother hand, the opponents of natural law have gleefully agreed; since faith in the supernaturalis deemed necessary to belief in natural law, the latter concept must be tossed out of scientific,secular discourse, and be consigned to the arcane sphere of the divine studies. In consequence,the idea of a natural law founded on reason and rational inquiry has been virtually lost.?The believer in a rationally established natural law must, then, face the hostility of both camps:the one group sensing in this position an antagonism toward religion; and the other groupsuspecting that God and mysticism are being slipped in by the back door.

12 CHAPTER-3 ETHICS AND LAW

14 Social Work Of course, while social workers may refer to such broad principles as the UNDeclaration of Human Rights and the IFSW Declaration of Ethical Principles when dealing withcultural diversity, these laudable standards do not always translate into reality on the groundlevel of day-to-day practice. Both individual and structural barriers may exist. Being humanthemselves, social workers bring any number of biases to their work and they also practicewithin the context of government policy on cultural diversity. Governments world-wide havetaken a variety of approaches to addressing cultural diversity in policy. And since social workersoften work in government regulated settings, have their profession regulated by legislation anddeal with the effects of other government policy on their clients, government policy without adoubt is a key shaping factor of practice. If cultural rights are not being respected, governmentpolicy will shape the recourses available to social workers and the people with whom they work. How government policies affect the ethics Sometimes it's easy to see when things go wrong in government: Elected officials take bribes;candidates lie about their opponents; city officials make important public decisions in secretmeetings. Other times, the right thing is not so obvious: Should a councilmember represent thewishes of the majority, even when he or she thinks the majority is wrong? Is it acceptable for agovernor to appoint a family member to his or her cabinet if the appointee is the best person forthe job?Whether the ethical issues are obvious or complicated, they are easier to address if publicservants have given some thought to the kinds of dilemmas they will confront before a crisisoccurs. The materials in this "primer" on government ethics are intended to provide electedofficials, government workers, and ordinary citizens with an introduction to the basic questionsthat are likely to come up in the conduct of public business.

15 A Framework for Thinking Ethically We all have an image of our better selves-of how we are when we act ethically or are "at ourbest." We probably also have an image of what an ethical community, an ethical business, anethical government, or an ethical society should be. Ethics really has to do with all these levels-acting ethically as individuals, creating ethical organizations and governments, and making oursociety as a whole ethical in the way it treats everyone. Why Identifying Ethical Standards is Hard There are two fundamental problems in identifying the ethical standards we are to follow:

On what do we base our ethical standards?

How do those standards get applied to specific situations we face?If our ethics are not based on feelings, religion, law, accepted social practice, or science, whatare they based on? Many philosophers and ethicists have helped us answer this critical question.They have suggested at least five different sources of ethical standards we should use. Five Sources of Ethical Standards The Utilitarian Approach Some ethicists emphasize that the ethical action is the one that provides the most good or doesthe least harm, or, to put it another way, produces the greatest balance of good over harm. Theethical corporate action, then, is the one that produces the greatest good and does the least harmfor all who are affected-customers, employees, shareholders, the community, and theenvironment. Ethical warfare balances the good achieved in ending terrorism with the harm doneto all parties through death, injuries, and destruction. The utilitarian approach deals withconsequences; it tries both to increase the good done and to reduce the harm done. 16 The Rights Approach Other philosophers and ethicists suggest that the ethical action is the one that best protects andrespects the moral rights of those affected. This approach starts from the belief that humans havea dignity based on their human nature per se or on their

ability to choose freely what they dowith their lives. On the basis of such dignity, they have a right to be treated as ends and notmerely as means to other ends. The list of moral rights -including the rights to make one's ownchoices about what kind of life to lead, to be told the truth, not to be injured, to a degree of privacy, and so on-is widely debated; some now argue that non-humans have rights, too. Also, itis often said that rights imply duties-in particular, the duty to respect others' rights. The Fairness or Justice Approach Aristotle and other Greek philosophers have contributed the idea that all equals should be treatedequally. Today we use this idea to say that ethical actions treat all human beings equally-or if unequally, then fairly based on some standard that is defensible. We pay people more based ontheir harder work or the greater amount that they contribute to an organization, and say that isfair. But there is a debate over CEO salaries that are hundreds of times larger than the pay of others; many ask whether the huge disparity is based on a defensible standard or whether it is theresult of an imbalance of power and hence is unfair. The Common Good Approach The Greek philosophers have also contributed the notion that life in community is a good in itself and our actions should contribute to that life. This approach suggests that the interlockingrelationships of society are the basis of ethical reasoning and that respect and compassion for allothers-especially the vulnerableare requirements of such reasoning. This approach also callsattention to the common conditions that are important to the welfare of everyone. This may be asystem of laws, effective police and fire departments, health care, a public educational system, oreven public recreational areas. The Virtue Approach A very ancient approach to ethics is that ethical actions ought to be consistent with certain idealvirtues that provide for the full development of our humanity. These virtues are dispositions andhabits that enable us to act according to the highest potential of our character and on behalf of

18 by the insights and different perspectives of others, can we make good ethical choices in suchsituations.We have found the following framework for ethical decision making a useful method forexploring ethical dilemmas and identifying ethical courses of action.

A Framework for Ethical Decision Making Recognize an Ethical Issue

Could this decision or situation be damaging to someone or to some group? Does thisdecision involve a choice between a good and bad alternative, or perhaps between two"goods" or between two "bads"?

Is this issue about more than what is legal or what is most efficient? If so, how? Evaluate Alternative Actions

Evaluate the options by asking the following questions:

Which option will produce the most good and do the least harm? (The UtilitarianApproach)

Which option best respects the rights of all who have a stake? (The Rights Approach)

Which option treats people equally or proportionately? (The Justice Approach)

Which option best serves the community as a whole, not just some members? (TheCommon Good Approach)

Which option leads me to act as the sort of person I want to be? (The Virtue Approach) Make a Decision and Test It

Considering all these approaches, which option best addresses the situation?

If I told someone I respect-or told a television audience-which option I have chosen, whatwould they say? Act and Reflect on the Outcome

19

How can my decision be implemented with the greatest care and attention to the concernsof all stakeholders?

How did my decision turn out and what have I learned from this specific situation? 20 WHEN LAW AND EHICS COLLIDE A Case :- On February 14, 2006, a U.S. District Court issued an unprecedented ruling concerningthe California execution by lethal injection of murderer Michael Morales. The ruling ordered thatthe state have a physician, specifically an anesthesiologist, personally supervise the execution, orelse drastically change the standard protocol for lethal injections. Under the protocol, theanesthetic sodium thiopental is given at massive doses that are expected to stop breathing andextinguish consciousness within one minute after administration; then the paralytic agentpancuronium is given, followed by a fatal dose of potassium chloride.

The judge found, however, that evidence from execution logs showed that six of the last eightprisoners executed in California had not stopped breathing before technicians gave the paralytic agent, raising a serious possibility that prisoners experienced suffocation from the paralytic, afeeling much like being buried alive, and felt intense pain from the potassium bolus. This experience would be unacceptable under the Constitution's Eighth Amendment protectionsagainst cruel and unusual punishment. So the judge ordered the state to have an anesthesiologistpresent in the death chamber to determine when the prisoner was unconscious enough for thesecond and third injections to be given or to perform the execution with sodium thiopentalalone. The California Medical Association, the American Medical Association (AMA), and theAmerican Society of Anesthesiologists (ASA) immediately and loudly opposed such physicianparticipation as a clear violation of medical ethics codes. "Physicians are healers, notexecutioners," the ASA's president told reporters. Nonetheless, in just two days, prison officialsannounced that they had found two willing anesthesiologists. The court agreed to maintain theiranonymity and to allow them to shield their identities from witnesses.

Both withdrew the daybefore the execution, however, after the Court of Appeals for the Ninth Circuit added a furtherstipulation requiring them personally to administer additional medication if the prisoner remainedconscious or was in pain. This they would not accept. The execution was then postponed until at least May, but the court has continued to require that medical professionals assist with theadministration of any lethal injection given to Morales . 21 CHAPTER-4 GOVERNMENTPOLICIES AND ETHICS 22 IMPLICATIONS OF LAWS FOR THE SOCIAL WORK The protection, preservation and promotion of ones culture is widely recognized as a basicHuman Right and professional social work ethics also recognise the importance of culturalautonomy in social work practice. Government policy, however, can greatly influence the degreeto which social workers are able to respect their ethics and human rights. In Canada, there is acelebrated national policy addressing cultural diversity, but our experience highlights thedifficulty of actually implementing such a policy and the difficulty in reaching social consensuson what is an equitable approach. Social workers, despite the degree to which they are impactedby government policy, need to do more research and reflection on the topic, developing themeans by which they might advocate for equitable government policy for cultural diversity. BAN ON TABBACO ADS BY THE GOVT OF INDIA In a case which started in 1991 and ended in 1997, RJ Reynolds Tobacco company, marketer of Camel cigarettes, was forced to withdraw its mascot, Joe Carmel, an animated camel, from all itsadvertisements, after the California Supreme Court (USA) ruled that the company could beprosecuted for exploiting minors.

23 The accusation was that the slick, colorful advertisements (using an animated camel) appealed tothe children and encouraged them to smoke. In India, analysts estimated that cigarettescontributed only 0.14% of the G.D.P and the health costs roughly translated to 0.21% of theG.D.P. So the revenue logic of huge contribution in the form of excise to the Exchequer did notseem to be valid. Also, given the state's significant contribution to health care, s mokers, bydamaging their health were in fact enhancing the State's expenditure. Questions were also raisedabout the economic impact of such a ban, given the fact that the tobacco industry provided directand indirect employment to 26 million people.However, a study on tobacco consumption and employment, showed that effective policies toreduce smoking were likely to increase, and not decrease employment. The reason for this wasthat when people stopped smoking, the money did not disappear from the economy. It was spenton other goods and services, which the study showed, were more labor intensive. This, in turnproduced more jobs.The impact of cigarette advertising on consumers was another contentious issue. A World Bank report had pointed out that policymakers who wanted to control tobacco should be aware of thefact that bans on advertising and promotion would prove effective, only if they werecomprehensive-covering all media and all uses of brand names and logos.The report also published the details of a comprehensive study of over 100 countries, comparingthe consumption trends over

time in those countries where relatively complete bans onadvertising and promotion were and where no such bans were. In the countries with nearlycomplete bans, the downward trend in consumption was much steeperIn 1992, the Department of Health (DOH), UK reviewed various forms of evidence to assesswhether tobacco advertising affected the aggregate demand for tobacco products. Four countries(Norway, Finland, Canada and New Zealand) were chosen, as these countries had alreadyimposed an advertising ban and enforced it effectively. The main conclusion of the DOH wasthat the evidence available on these four countries indicated a significant effect. In each case, thebanning of advertising was followed by a fall in smoking. 24 In 1997, in a similar study for the International Union against Cancer, the available data in thesame four countries was examined. It was found that per capita consumption of cigarettes (15years +) had dropped between 14 and 37 % after the implementation of the ban. (Refer Table I).In three out of the four countries, smoking among young people had decreased, while in one itremained stable. The conclusion was that advertising bans worked if they were properlyimplemented as part of a comprehensive tobacco control policy The National Population Policy The National Population Policy (NPP) hopes to address the unmet need for contraception, andprovide health infrastructure, personnel and integrated service delivery for basic reproductiveand child health, bring the total fertility rate to replacement level by 2010, and achieve a stablepopulation by 2045. Besides more general directives such as making school education free andcompulsory and promoting delayed marriage for girls, the policy advocates an integratedpackage of essential services, which seems to consist of providing contraceptives, treating somereproductive infections and implementing some communicable disease programmes. Shortfallsin the governments services are to be made up by involving the voluntary and private sectors. Many of the NPPs recommendations are uncontroversial on paper, and seem to be aimed atproviding people more services. However, the proposed incentives to poor couples forsterilization, and rewards to local bodies for their performance, could encourage coercion.Womens organizations have also asked how the intersectoral approach will be implemented,and whether contraceptive technology and research will focus on safe and women-controlledproducts.Most important, perhaps, is the fact that the NPP does not seriously address the conditions whichproduce ill health. Without significant change at this level, family planning will remain a lowpriority for the poor

The Living Wage: Building on the Minimum Wage The age of the living wage has arrived with a vengeance. In less than a decade, a well-organized coalition of community groups, labor unions, political parties, think tanks, andchurches has coaxed dozens of local governments across the United States into forcingdesignated employers to pay workers well above the current federal minimum wage of $5.15 anhour. Living wage jurisdictions include major cities such as New York, Los Angeles, Chicago,and Baltimore plus a large number of smaller cities and suburban counties. Local school boardsand institutions of higher learning are participating as well. By the end of 2002 there were 103living wage measures on the books, enacted mostly by municipal and county generalgovernments, and another 74 campaigns actively under way. Activists defend living wage lawsas protecting vulnerable entry-level workers from poverty. They also argue that such lawsimprove employee morale and productivity, which in turn improves employers profits. Localgovernments, to the extent they pay contractors living wages, deliver better services at lowercost. Residents are more satisfied with the quality of life, and the pathologies associated withpoverty are reduced. Only exploitative employers and their political supporters lose. Commonsense and human decency therefore require national as well as local action in the face of right-wing scare tactics. The federal minimum wage should be made a living wage. The reality isquite different. At best, living wage laws bring about modest benefits at a higher cost tobusinesses and taxpayers. There should be little surprise in that. As an elevated version of theminimum wage, the living wage magnifies the formers labor market distortions. If applied to allemployers in the United States, the living wage would make it far more difficult for first-time jobseekers, especially those coming off welfare, to find work. The economic case for the livingwage is difficult to make. Indeed, some three-fourths of economists surveyed by theWashington-based Employment Policies Institute said that living wage laws would result inemployers looking for more-skilled employees, thus crowding out the people with the leastskillsthe very people whom living wage laws are intended to benefit. 26 The Minimum Wage as a Living Wage: A Critique Displacement of Less-Skilled Workers Congress established the first federal minimum wage in 1938, as part of the Fair Labor StandardsAct, and has raised it 19 times since. More than 80 studies have demonstrated a link between anincrease in the minimum wage and subsequent job loss, especially among teenagers andunskilled adults, the workers with the least

skills, experience, and education.12 The moreemployers have to pay such workers, the less likely they are to employ them. Those workers mayturn out to be productive employees, but they present risks to the employer so, given theminimum price set by the state, the employer reduces risk by hiring only morequalified workers.Hyundais are less reliable automobiles than Hondas or Toyotas. If the Hyundais could notcompete on the basis of a lower price, none would be bought. A review of the empirical researchover the past quarter century supports that thesis. In 1977 Congress created a Minimum WageStudy Commission. Economists on the commission surveyed a broad range of studies andestimated that a 10 percent increase in the minimum wage decreased teen employment by about1 to 3 percent.13 One skeptical researcher not on the commission replicated the earlier studysmethodology and found a teen job loss of 0.6 percent. Counterproductive Anti-Poverty Policy Advocates of the living wage argue that it combats poverty, but the evidence does not supportthat claim. First, the problem for low-income Americans is really insufficient hours rather thaninsufficient wages. A Bureau of Labor Statistics report revealed that in 2000 only 3.5 percent of all household heads who worked full-time 27 weeks or more over the course of the year fellbelow the poverty line. By contrast, this figure was 10.2 percent for household heads whoworked less than 27 weeks.23 The BLS study also revealed that only a few more than 20 percentof all household heads with below-poverty-line incomes attributed their condition solely to lowearnings. The remaining 80 percent cited unemployment, involuntary part-time employment, orone or both of those factors in combination with low earnings.

29 PSYCHOLOGICAL: May manifest guilt Suicidal tendency Loss of sense of fulfillment Loss of confidence Loss of appetite Coma Perforated anus Fever and cold sweat Intense pain Weight loss Frigidity Hostility Thwarted maternal instinct Self-destructive behavior Anger, rage Helplessness Loss of interest in sex Inability to forgive herself Intense interest in babies MORAL CONSIDERATIONS The direct and voluntary killing of an innocent human being is always gravely immoral evenwhen it is performed as a means to a good end. The magisterium of

the church has consistentlycondemned abortion throughout history, even when the exact moment of fetus animation is stillbeing disputed. The sanctity of human life demands that it must be respected and protectedabsolutely from the moment of conception. From the first moment of his existence, a humanbeing already possesses the rights of a person, among which is the inviolable right of everyinnocent human being. This alienable right must be recognized and respected by civil society andpolitical authority. Abortion destroys life and violates the right to life. As such it is morally eviland it should not be in any way legalized and liberally permitted in the laws and constitution of a 30 nation. Abortion and infanticide are unspeakable crimes. We should reject abortion, unless fortherapeutic reasons, for it is simply the murder of an innocent being. LEGAL CONSIDERATIONS PHILIPPINES: Article II, Section 12 of the 1986 Constitution provides that The State recognizes the sanctityof life and shall protect and strengthen the family as a basic autonomous social institution. Itshall equally protect the life of the mother and the life of the unborn from conception. Despitethis position, however, the illegal practice of abortion continues and formal complaints againstviolators have yet to be filed in the Philippine courts. Based on the study conducted by theNational Economic Development Authority (NEDA), the number of cases of induced abortion inthe Philippines ranges from 150,000 to 750,000 every year. In one Metro Manila hospital alone,4,000 cases of abortion are undertaken annually. What usually happens is that illegal abortionistsperform abortions outside, and when the woman suffers from profuse vaginal bleeding, she goesto a hospital for confinement. UNITED STATES: Roe v. Wade gave strength to a womans right to privacy in the context of matters relating to herown body, including how a pregnancy would end. However, the Supreme Court also hasrecognized the interest of the states in protecting potential life and has attempted to spell out theextent to which the states may regulate and even prohibit abortions. First trimester. In the firsttrimester the pregnancy starts with a fertilized egg that divides to become tissue and cleavage,which becomes an embryo. In these first three months the embryo goes through organogenesisand develops body organs, its heart beats after the fourth week, brain waves can be monitoredafter six weeks, and by the eighth week all major body parts are present. At the end of thetrimester the embryo has matured

into a fetus. The decision to undergo an abortion procedure isbetween the woman and her physician. Second trimester. During the second trimester the fetusgrows from the approximately 5cm it was at the end of the first trimester to about 30cm long. Italso begins to move as it is continuing to mature. During approximately the fourth to sixthmonths of pregnancy, the state may regulate the medical conditions under which the procedure is 31 performed. The constitutional test of any legislation would be its relevance to the objective of protecting maternal health. Third trimester. By the third trimester it becomes fully-grown,completely fills the capacity of the womb, and fully matured at about 50cm long. Since the hearthas been beating since the beginning of the first trimester, a fetus in the stages of the second andthird trimesters are almost always considered alive and, therefore, state property to some extentunless there are extenuating circumstances. During the final stage of pregnancy, a state mayprohibit all abortions except those deemed necessary to protect maternal life or health. UNITED KINGDOM: There are two key statutes relevant to abortion: the Offences Against the Person Act and theAbortion Act. The Offences Against the Person Act 1861 The Offences Against the Person Act1861 remains the definitive law in England. It gives statutory grounds to the effect that abortionis a crime except where subsequent legislation provides protection against criminal prosecution.The Abortion Act (1967), amended 1990 The Abortion Act was designed to tackle two mainissues. The first was increasing concern at the number of back street abortions, despite theirbeing illegal. These were often medically quite unsafe, and an increasing numberof women were being admitted to hospital with complications from such abortions. The secondwas the lack of clarity over the question of when a doctor could carry out an abortion for the sakeof the mothers health. Prior to 24 weeks a doctor may carry out an abortion, with the womansconsent, on very wide grounds. After 24 weeks abortion is only lawful either to prevent risk of considerable harm to themother, or for the sake of the fetus. Except in an emergency two doctors are required to be of the opinion that abortion is justifiedn one of the grounds stated in the Act. It is generally assumed that when the Act states that pregnancy has not exceeded its 24 th weekit means 24 weeks since the first day of the womans last period

33 Obstetricians must respect the womans legal liberty to ignore or reject professional advice. We conclude that it is inappropriate., to invoke judicial intervention to overrule an informedand competent womans refusal to treatment, even though that refusal might place her life andthat of her fetus at risk. The courts have interpreted common law as giving a competent womanthe right to refuse treatment even where the life of the fetus is at grave risk. However, they fallover backwards to find the woman incompetent in order, perhaps, to justify saving the fetus, andperhaps on the view that the woman will be glad afterwards that that was the decision taken. Ethical considerations In thinking about the ethical issues raised by decisions or interventions in reproductive medicineit is important to distinguish between an identity-preserving and an identity-altering interventionor decision. An example of an identitypreserving intervention is when a pregnant women drinkslarge amount of alcohol. If the child is subsequently born with some brain damage as a result, ithas been harmed by the mothers alcohol intake. An example of an identity-altering decision iswhen a woman decides to delay reproduction from, for example, 30 years to age 40 years. Adifferent child will be born as a result of her decision. Suppose that she has a child (child a) atage 40 that is born with Downs syndrome. The likelihood is that, had she conceived a child atage 30, it would not have suffered from Downs syndrome. Has Child A been harmed as a resultof her decision to delay reproduction? The decision has altered the identity of the child who isborn. Had she conceived at the age 30 she would have given birth to a different child. Becausechild A would not have come to existence at all, had she not decided to delay reproduction, it isnot clear that child A has been harmed by having Downs syndrome as a result of her decision.On one view of harm, the decision could only have harmed child A if it would have been betterfor A not to have existed at all than to exist with Downs Syndrome. Children in situations of crime and exploitation Recognizing the flaws of the 1986 Juvenile Justice Act, the government passed theJuvenile Justice (Care and Protection) Act, 2000. But the knee jerk reaction in amending the lawwithout a wider discussion and consultation with child rights practitioners has left many who areconcerned with children and work with them deeply distressed. In 2003 the government draftedamendments to the law. But, because of criticisms and concerns raised by several organizations

34 and groups, it has been placed before a Parliamentary Standing Committee. The Committee iscurrently reviewing the law.The Child Labor (Prohibition and Regulation Act) was enacted in 1986, to specifically addressthe situation of children in labor. However, this law distinguishes between hazardous and nonhazardous forms of labor, and identifies certain processes and occupations from which childrenare prohibited from working. It leaves out a large range of activities that children are engaged inand are exploited and abused. The large-scale exploitation and abuse of children employed indomestic work and hotels are cases in point. Child trafficking is one of the most heinousmanifestations of violence against children.This is taking on alarming proportions - nationally and internationally. Although, very littlereliable data or documentation is available, meetings and consultations across the country haverevealed the gravity and the extent of this crime. It is high time we understood and realised thatchildren are trafficked for a number of reasons and this cannot be treated synonymously withprostitution. The absence of this comprehensive understanding and a comprehensive law thataddresses all forms of trafficking to back it makes this issue even more critical. Adoption: The need for greater checks and balances Adoption is one of the best and appropriate forms of alternative family care. Indeed, it is the onlyway to break the mindset of institutional care for children, which has been posed as the onlysolution for many years. However, adoption of children continues to be determined by religion of the adoptive parents or the child when religion is known. Only Hindus, Janis, Buddhists andSikhs can adopt children. The personal laws of other religions - Muslims, Parses, and Jews donot allow it. Even as it exists for Hindus, the law has serious flaws discriminating againstmarried women. It allows only married men to adopt. Further, it only allows for adoption of children of opposite genders. Legal Literacy A citizen should be aware of his rights. He may know that he has a right to a ration card. But hedoesn't know how to get it in a reasonable time if he loses it. Similarly, the question of personalliberty. He doesn't know what to do if a constable comes calling. There are so many proceduralthings courts have laid down. It is in these matters regarding life and liberties that legal 35 literacy is not realized. Legislation like the Right to Information Act will be blocked bybureaucrats if people don't know its provisions and procedures. If there is an enlightenedcitizenry such things will not happen.

Marriages-Divorces India being a cosmopolitan country tolerates personal laws of its citizen. As a result each citizenof India is entitled to have his own personal laws inter alia in the matter of marriage and divorce.Hindus are governed by Hindu Marriage Act, 1955 which provides for the conditions of a HinduMarriage where under the bridegroom should be of 21 years and bride of 18 years, they bothshould be Hindus and should not be within the degree of prohibited relationship or sapindas,neither party should have a spouse living nor any party should be subject to recurrent attacks of insanity or epilepsy, either of them should not be suffering from mental disorders or should notbe unfit for marriage and procreation of children and both should be of sound mind and capableof giving valuable consent. Divorce under the Hindu Marriage Act 1955 can be obtained on thegrounds of Adultery, Cruelty, Desertion for two years, Conversion in religion, Unsound mind,Suffering from venereal disease and/or Leprosy has renounced the world not heard for 7 years noresumption of cohabitation for one year after the decree of judicial separation, no restitution of conjugal rights for one year after decree for restitution of conjugal rights, Husband guilty of rape,sodomy or bestiality and if after an order of maintenance is passed under the Hindu Maintenanceand Adoptions Act or the Criminal Procedure Code there has been no cohabitation for one year. Drugs and the Law A policy that sets drugs in context and seeks above all to reduce drug-related harm needs a newlegal framework to reflect these objectives. In our view, the Misuse of Drugs Act 1971 and theClassification system it embodies achieves neither of these aims. The Act, and all the laterlegislation following on from it, should be repealed and superseded by a new Misuse of Substances Act that:

37 they should impose criminal penalties for all drug offences, including possession of drugs forpersonal use. The Misuse of Drugs Act 1971 Britain fulfils its obligations under these UN Conventions mainly through the Misuse of DrugsAct 1971 (MDA), which makes it unlawful to produce, import, export, supply or possessanything designated as a controlled drug unless an exception or exemption applies. Controlleddrugs are listed in Schedule 2 to the Act. Beside the best known illicit drugs, the list includes alarge number of drugs

that are used mainly for medical purposes but that may also be usedrecreationally: Ritalin, for example, which is prescribed in order to dampen down hyperactivitybut abused for precisely the opposite reason. The idea of controlling these commonly prescribeddrugs is to protect their licit use (in the interests both of public health and of the pharmaceuticalindustry) while at the same time restricting their illicit use. To enable doctors, dentists,pharmacists, researchers and others to prescribe and handle these drugs for medical purposes, theHome Secretary makes exemptions to the Act under the Misuse of Drugs Regulations 2001. 38 CHAPTER-5 BIBLIOGRAPHY 39 BIBLIOGRAPHY BOOKS 1. Ethics for life - Judith A. Boss2. Government ethics and law enforcement- ElAyouty3. Natural law and the possibility of a global ethics- By Mark J. Cherry Articles in newspapers ( june01 jan10) 1. The Tribune2. Hindustan Times3. The Hindu Magazines 1. India today2. Business today Websites 1. www.Wikepedia.org 2. www.questia.com