Personal Interest and Conflict of Interest

Personal Interest and

Conflict of Interest

Presented by Maj. Gen. Nilendra Kumar

DirectorAmity Law School

Noida

Vertical Interaction Course,Ethics and Accountability

in Police 3 February to 7 February 2014

KEY WORDS

1.PERSONAL INTEREST2.SELF INTEREST3.BIAS4.PREJUDICE5.CONFLICT OF INTEREST

Attributes of a Good Cop

1. Honesty2. Integrity3. Ethical morals 4. 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 impliesopenness, 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.

BiasBias may be defined as a pre-conceived opinion, or a pre-disposition 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 interest2. 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’S BATCHMATES•ONE’S CLUB

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. Self dealing 2. Outside employment 3. Family interest promotion4. Gifts acceptance5. 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 INFLUENCE MY DECISION.

I will keep my private life unsullied

as an example to all.

Recommendations

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

CONCLUSION