Model Answer
0 min readIntroduction
Ethical conduct in the workplace is paramount for fostering a productive and respectful environment. Two concepts that frequently undermine this are ‘coercion’ and ‘undue influence’. While both involve influencing someone’s decision, they differ significantly in their nature and impact on an individual’s autonomy. Understanding these distinctions is crucial for maintaining ethical standards and ensuring fair practices. The absence of ‘free consent’ is central to both, but the methods employed to achieve this absence vary considerably, impacting the legality and ethicality of actions.
Defining Coercion
Coercion involves compelling someone to act against their will through the use of force, threats, or intimidation. It directly eliminates the possibility of free consent. The threat can be physical, psychological, or economic, and it must be of such a nature as to overcome the person’s free will. The Indian Penal Code (IPC) recognizes coercion as a factor vitiating consent in several offences, such as rape (Section 375) and abduction (Section 363).
Defining Undue Influence
Undue influence, on the other hand, is a more subtle form of influence. It arises when one person is in a position of trust or authority over another, and uses that position to gain an unfair advantage. It doesn’t necessarily involve explicit threats, but rather exploits a relationship of dependence or vulnerability. The key element is the domination of the will of one person by another, leading to an act that the person would not have otherwise consented to. It is often relevant in contractual law, particularly concerning vulnerable individuals.
Comparing Coercion and Undue Influence
The following table highlights the key differences between coercion and undue influence:
| Feature | Coercion | Undue Influence |
|---|---|---|
| Method | Direct force, threats, or intimidation | Exploitation of a position of trust or authority |
| Nature of Pressure | Physical or psychological duress | Subtle manipulation and domination of will |
| Relationship | Can occur between strangers | Requires a pre-existing relationship of trust or dependence |
| Impact on Free Will | Completely overpowers free will | Dominates the will, leading to a compromised decision |
| Legal Framework | Recognized in IPC (e.g., Section 375, 363) | Primarily relevant in Contract Law and Equity |
Examples in a Work Environment
Coercion Example: A supervisor threatens to fire an employee if they don’t approve a fraudulent expense report. This is a direct threat impacting the employee’s livelihood, eliminating their free will to act ethically.
Undue Influence Example: A senior manager repeatedly praises a junior employee and builds a close relationship, then asks the employee to manipulate data in a project report to favor the manager’s performance review. The employee, feeling indebted and wanting to maintain the manager’s favor, complies despite knowing it’s wrong. This exploits the power dynamic and the employee’s vulnerability.
Another Example: A company forces employees to work overtime without proper compensation by threatening negative performance reviews. This is coercion, as it uses the threat of career repercussions to compel action.
Conclusion
In conclusion, while both coercion and undue influence compromise ethical conduct, they operate through distinct mechanisms. Coercion relies on overt force or threats, while undue influence exploits pre-existing relationships and vulnerabilities. Recognizing these differences is vital for creating a work environment that prioritizes ethical behavior, respects individual autonomy, and ensures that all decisions are made with genuine free consent. Organizations must implement robust policies and training programs to prevent both forms of unethical influence.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.