bothered about the fact that they are actually involved in any
‘extraordinary’ act that otherwise begs ‘moral reasoning’
(Monroe 1996:197-215). On the other hand, responses get organized,
ordered and orchestrated precisely through an act of self-consciousness.
It is by way of consciously entering into some form of argumentation and
reasoning with others that we evolve the principles that are
‘binding’ on us. Mere abstinence or abhorrence will not do. Ethical
writings are elaborated in the spirit of self-consciously deciphering
the ethical basis of our responses to the problem.
Organized responses face the perpetual challenge of excising power from
the ethics of care and protection. The challenge is perpetual because we
hope to meet it only unsuccessfully, notwithstanding our best endeavours.
There is no denying that what we do in the name of care and protection
is structured in the power relations prevailing in the society. The
question of care and protection in that sense can never be disentangled
from that of power. Foucault shows how our care for others involved some
form of self-empowerment and subjectivity on our part (Foucault in
Rabinow ed. 1994:269-80). Samaddar for example, points out how our
humanitarian responses geared to the objective of protecting life are
scripted in and thereby reproduce, the imperial ‘power of death’ (Samaddar
2002). But the irony is that we as ethical agents always refuse to
conflate what we do in the name of care and protection with what we
ought to do and seldom confer moral recognition on the former. The
ethics of care and protection imposes on us the painful obligation of
denying the existence of power in the public sphere while at the same
time being shaped and structured by it. The attempted, albeit tragic,
erasure of power is a precondition of the functioning of public sphere
as well as ethics. It is important to see how we effect the erasure
through the language of ‘argumentation and reasoning’ in our
attempts at making the ethical principles ‘binding’ on us. |
|
What we see is the
presence of a wide variety of argumentation and reasoning offered by us
in justification of our advocacies for care and protection of the
displaced persons. First of all, there is the rights-based argument.
Care and protection according to this argument, will be construed as our
‘duty’ insofar as the ‘well being’ of the displaced persons
becomes ‘a sufficient reason for holding us to be under this duty’ (Raz
1986: 166-8). The problem recognized by almost all the exponents of this
argument is that the right against displacement is not an end in itself
and cannot per se be regarded as the ‘sufficient reason’ for holding
us under this duty. Sufficiency of reason does not reflect itself in the
same way as in the two advocacies for the right against displacement and
say, the right to life. If one’s displacement becomes a necessary
condition for another’s enjoyment of the right to life – often
understood as decent life, we can say that the former is derogable and
the latter is not. Thus, the right against eviction routinely carried
out in the metropolitan cities of South Asia – whether in Dhaka,
Kolkata or Islamabad or elsewhere, has to contend with the argument for
development and decent life defined everywhere as a ‘collective goal
of the community as a whole’ (Dworkin 1977:82-5). The successful
assertion of the right against displacement therefore entails some form
of abrogation of ‘the collective goal’. Many of those who were
evicted from the banks of the Beliaghata circular canal of north Kolkata
had been living there for more than one generation. Yet all of them were
the illegal occupants of land. In the absence of any legal title, they
are unlikely to sustain their claim to land in the first place, in any
court of law. The UN Guiding Principles (1998) too revise the right as
only a limited right against arbitrary displacement. While we cannot
compromise with the ‘collective goal’ we can certainly reduce the
sufferings of the displaced through compensation, relief and
rehabilitation. Conversely and by the same logic, we should be prepared
to accept that the importance of the same right will
|