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Trending: Call for Papers Volume 3 | Issue 3: International Journal of Advanced Legal Research [ISSN: 2582-7340]

NEPOTISM IS EVERYWHERE by-Neha Tripti

Abstract

Everyone has something which they like more and something which they hate. One may have a favourite person with whom they spend time with, a book which they repeatedly read, food they want to consume more often on daily basis, etc. Choosing as something normal and natural but when this act of favouritism comes under the progress of some worthy then leads to some major issue which is now a day’s termed as ‘Nepotism.’
Nepotism is a Greek word and the literal meaning is ‘an action of bringing favoured people into the work place in order to become the supreme in charge ignoring the fact that whether the person is capable or not. If we look back in history a king’s son always is appointed as the next heir, a barber son is not seen with much respect, and many similar facts. Nepotism is not only based on workplace, but it is even based of caste, gender, religion.
This act of favouritism has two sides like every point in the world has. The positive side people who are appointed are honest, the work pattern is stabled and continuous, and finally the person is loyal and committed. But the negative aspects are countless. There are conflicts, unethical advantage of position, dissatisfaction of the employees, family issues, substandard management, etc.

Introduction

Nepotism favours the use of dominant undertaking to suppress someone by taking their opportunity and giving the undeserving one. We can see nepotism everywhere such as in our home, politics, film industry, corporate sector etc. if we are taking about its practice in different field. In home sometimes parents support nepotism by favoring their children on gender basis. If a boy is not so much goods in their academic than a girl, even they focused and favour him. It does not mean that if someone is not good with their academic, then he /she is not capable but that’s the different thing. If we look upon politics, a lot of nepotism is there. If someone in the political field, he definitely supports his/her family member for becoming leader, if they are deserving or not, it doesn’t matter. For instance, if someone’s father is a political leader he will favor his son, daughter and wife for next leader of their party. Most of the political leaders are running their parties through hereditary structure. Apart from these things, entertainment field also revolve around nepotism. A huge mass of film industry crowded with undeserving one who has their family belongs to that industry. Either they have strong privileged family background or family member had already part of that industry. Some splashes of nepotism are also seen in corporate sector i.e., hiring and promotion of own family members and friends without merits in own company.

Origin of the word Nepotism

The term is derived from the Latin word nepot (nephew) and has p apal origins. Gregorio Leti’s Il Nepotismo di Rom a (The History of the Pope’s Nephews ) was published in 1667 and detailed the papal practice of granting nephews and illegitimate sons’ favorable positions. Soon after publication, the term began appearing in the English language to describe favoritism towards any relative.
Forms of Nepotism

1. Nepotism in work place.
If a person with positive aspect is employed then, the organization grows, is handled better, co-ordination is done a good manner and finally high retention level of the employee is observed. But is it other way round then, business goals are compromised, reduced productivity, dissatisfaction between employees, and finally turnover rate of the employee.
2. Nepotism in workplace
If a competent person is employed then smooth working is observed, better co-ordination of with the employee and less conflicts are there between creative head. If a non-competent person is employed then all the above aspects are reversed. There are conflicts, the employee is dissatisfied, and the company’s performance degrades.
3. Nepotism in politics
If a competent person is appointed in this sector, then growth of the country is observed, party is handled in better way, coordination with party workers. But if the party is given to person who only benefits his needs then, conflicts happen, dissatisfaction between part workers, unsterilized government, finally downfall of the government.
Impact of Nepotism
The impact of it in government is most absorbed to be downfall in the economy. The person appointed either is claimed corrupt at the need because is always considered to be white under the sheet of his evil mask or the less experienced person does something which is not in the favor of the people. Impact could be seen in workplace in negative aspect leads to dangerous steps by taking their life or someone else or moreover something worse. that’s why government have take a rule of appointing the person in with a proper resume which has to be submitted in an office and the human resource team has to keep track of the same. Although nepotism is having a small positive loop hole to the same. Workplace like business, people who are trusted the most has to be taken to count.

CASE STUDY:
Ram is the son of the CEO of Crossword company. He was an average student and had done his graduation, with qualifying results. In the same company Shayam, Ram’s friend was working who was from a middle-class family, excellent student. He had all the qualifying qualities for becoming a CEO and leading the company to multinational. But, as we all know a common phrase history repeats itself hence, without even seeing the qualifications and the progress made his son the CEO. Neither of the employees was happy, because Shayam had burnt the mid-night oil for bringing the company as the topic best in India. Time being Ram accepted the offer as he knew that his father won’t accept the offer making Shayam as the CEO. Later, when Ram’s father resigned his post and all the work done under Ram’s guidance then the next moment Shayam was declared the CEO. The act done by Ram’s father was a kind of nepotism which initially affected all the employees, mentally, emotional and physically. But their trust in Ram was to an extent that they moved with the flow.
This is just one small example which is discussed in this case study.
Condition for Ram’s father could have gone worse, like filing a case against him in the court, which could have cost him to shut the company.
People affected by nepotism either tend to attempt suicide, or get depressed to an extent that they are considered under the special case people, or worse. Hence the issue of nepotism is very alarming and the law made under this act should be perfectly inculcated

Why is Nepotism unethical?
The basic concern about nepotism in business is that it contradicts typical customs in employment to hire and promote the most qualified candidate for a job. While a son, daughter or nephew may be the most capable employee, nepotism sometimes leads to relatives getting jobs when other candidates have stronger education and work experience. Even when a relative is most qualified, hiring her/him may give the impression of nepotism.

Consequence

IC 4-2-6-12Violations; penalties; sanctions
Sec. 12. If the commission finds a violation of this chapter, IC 4-2-7, or IC 4-2-8, or a rule adopted under this chapter IC 4-2-7, or IC 4-2-8, in a proceeding under section 4 of this chapter, the commission may take any of the following actions:
(1) Impose a civil penalty upon a respondent not to exceed three (3) times the value of any benefit received from the violation.
(2) Cancel a contract.
(3) Bar a person from entering into a contract with an agency or a state officer for a period specified by the commission.
(4) Order restitution or disgorgement.
(5) Reprimand, suspend, or terminate an employee or a special state appointee.
(6) Reprimand or recommend the impeachment of a state officer.
(7) Bar a person from future state employment as an employee or future appointment as a special state appointee.
(8) Revoke a license or permit issued by an agency.
(9) Bar a person from obtaining a license or permit issued by an agency.
(10) Revoke the registration of a person registered as a lobbyist under IC 4-2-8.
(11) Bar a person from future lobbying activity with a state officer or agency.
As added by P.L.9-1990, SEC.10. Amended by P.L.15-1992, SEC.7; P.L.222-2005, SEC.11; P.L.89-2006, SEC.12.

Official Inspector General

The Indiana General Assembly charged the Office of Inspector General (OIG) with addressing fraud, waste, abuse, and wrongdoing in agencies. IC 4-2-7-2(b). The OIG investigates criminal activity and ethics violations by state employees. IC 4-2-7-3(3). The OIG may recommend policies and carry out other activities designed to deter, detect, and eradicate fraud, waste, abuse, mismanagement, and misconduct in state government. IC 4-2-7-3(2). The OIG may also advise an agency on implementing policies and procedures to prevent and reduce the risk of wrongful acts within the agency.

Filling Complaint and or Requesting Advice

If you wish to seek advice on a situation that you are unsure of, please contact FSSA Ethics Officer at FSSA.Ethics@fssa.IN.gov. If you believe someone is not following this rule, please report to the Indiana Office of Inspector General hotline – www.in.gov/ig/hotline

Conclusion

Nepotism works as a worm in every department like in business entity; it leads to dissatisfaction of other employees which results in less productivity of their work. Even in politics contradictory thoughts arises which is one of the reasons for declination of that party. Due to all this, mental pressure arises to the members or people of that organization. This cannot be end so soon. Everyone should know its side effects. Everyone should stop this by on his way. Every organization has to made some anti -nepotism policies in their organization. It is imperative we follow the Indiana Code 4-2-6-16 for Nepotism in its entirety. All employees have a duty to report concerns regarding nepotism and should without the fear of retaliation.

1 Student at JEMTEC School of Law, Greater Noida