Case Studies (2025) Q. 12

12. Ashok is Divisional Commissioner of one of the border districts of the North East State. A few years back, Military has taken over the neighbouring country after overthrowing the elected civil government. Civil war situation is prevailing in the country especially in last two years. However, internal situation further deteriorated due to rebel groups taking over control of certain populated areas near own border. Due to intense fight between military and rebel groups, civilian casualties has increased manifold in recent past. In the meantime, in one night Ashok got information from the local police guarding the border check post that there are about 200-250 people mainly women and children trying to cross over to our side of the border. There are also about 10 soldiers with their weapons in military uniform part of this group who wants to cross over. Women and Children are also crying and begging for help. A few of them are injured and bleeding profusely need immediate medical care. Ashok tried to contact Home Secretary of the State but failed to do so due to poor connectivity mainly due to inclement weather.

(a) What are the options available with Ashok to cope with the situation?

(b) What are the ethical and legal dilemmas being faced by Ashok?

(c) Which of the options, do you think would be more appropriate for Ashok to adopt and why?

(d) In the present situation, what are the extra precautionary measures to be taken by the Border Guarding Police in dealing with soldiers in uniform? (250 words, 20 marks)

Introduction:

Ashok is Divisional Commissioner of one of the border districts has a humanitarian emergency and has to take decision involving refugees, national security, etc.

Main Body

Key Stakeholders

• Ashok, Divisional Commissioner
• Refugees (Women and children)
• Armed soldiers seeking refugee
• Rebel groups of border country
• Military of border country
• Local Police
• Governments at all levels (Central, State & Local)

(a) Options available

• Provide immediate humanitarian assistance
• Temporarily prevent entry of the entire group until instructions from competent authorities.
• Permit civilians while separately securing the armed personnel
• Secure and verify the border crossing
• Seek alternative channels of communication, like contact District Magistrate/Chief Secretary/Home Department, Border Security Force/other border forces, Army authorities, etc.
• Seek immediate medical and security support
• Completely refuse the help in terms of national security concerns.

(b) Ethical and legal dilemmas

• Humanitarian measures vs National Security
• Immediate humanitarian assistance vs legal restrictions on entry
• Civilian protection vs Armed personnel         
• Individual discretion vs Accountability          
• Neutrality vs suspicion           
• Immediate action vs Protocol compliance
• Right to life vs immigration law
• Procedure established by law vs Due process of law

(c) Most appropriate option, why?

• Candidates must choose according to their own perspective and give the reason why we choose that option.
• Most appropriate option - Permit civilians while separately securing the armed personnel.

(d) Extra precautionary measures

• Disarm immediately
• Separate them from civilians
• Secure weapons and ammunition
• Verify identity & documentation
• Conduct security screening
• Prevent communication of sensitive information
• No independent interrogation or coercion
• Maintain heightened border surveillance
• Maintain strict confidentiality

Conclusion:

Give an ethically balanced conclusion.

Principle of “humanitarianism without compromising national security.”