Law and Morality

Law and Morality Sir John Salmond described the law as ‘the body of principles recognised and applied by the state in the administration of justice’. They are a set of rules and boundaries that are established by authorities which must be obeyed, otherwise, a sanction may be given. Morals are beliefs, values and principles that are set by society or part of a society, determining what is right and wrong. Phil Harris stated that they are â€Å"standards of behaviour†.Unlike legal rules, compliance with moral rules is voluntary, that are often informally enforced through social or domestic pressure. Law and morals are both normative; they specify what should ideally be done and mark the boundaries between acceptable and unacceptable conduct. However, the ways in which they both do this are different: laws are codes of conduct which a superior power has decided should be compulsory. They are formally enforced by appointed authorities and relate to all members of soci ety.One example is the ‘smoking ban’ which was introduced by the Smoke-Free (Premises and Enforcement) Regulations 2007 and more recently the proposed change to the legislation regarding same-sex marriage under the Marriage (Same Sex Couples) Bill, which previously meant that gay marriage was prohibited. Morals can be seen as a set of values which are not enforced by law. They define how one ought to act not how one must act and whilst they are not subject to moral enforcement, they can be informally imposed.There are significant differences between moral rules and legal rules; whereas Laws can be introduced almost immediately by Parliament or the Courts, morals tend not to be backed by legal sanctions and are often reinforced by social pressures; such as family and friends. They can have powerful influences on people’s behaviour, and develop over many years; often heavily embedded in religious and social history. Compliance with moral rules is voluntary and ther e are often no formal punishments.Today we live in a diverse society which has meant that as morals have developed: they have become pluralistic and between individuals or social groups opinions on moral codes now vary. Within Christianity, acts such as abortion and euthanasia are strongly opposed, while other religious groups may not deem these as wrong. Similarly, in Hindu and Muslim communities arranged marriages are encouraged whilst in non-religious communities these are disfavoured.Furthermore, legal rules can enforce strict liability, such as the requirement of wearing a seatbelt in a car or not exceeding a speed limit, whereas moral rules cannot- they can only be broken voluntarily. Legal and moral codes can coincide; law can often be seen reinforcing and seeking to uphold our moral values. For example, Lord Atkins’ ‘neighbour principle’, which is the basis of the tort of negligence and is thought to have derived from the biblical command to ‘love t hy neighbour’ which is also believed to mean do not harm thy neighbour.However, this can be seen as a major problem as morals will consistently change over time, to reflect a change in attitudes, and the law must attempt to keep up in these situations. An example of this can be seen in R v R (1991), which changed the law, so that rape within marriage became a crime. It was viewed that the wife was legally seen as almost the property of the husband, via the marriage agreement. This was view was morally outdated and wrong, yet the law was very slow in adapting this moral view. Another example of how moral change has led to legal change is the case of Diane Blood. Mrs Blood’s husband died from meningitis.They had been trying to start a family and she arranged for sperm to be extracted from him. Following his death she attempted to use the sperm to become pregnant, but this was banned under the Human Fertilisation and Embryology Act. She won the right to have the inseminat ion carried out abroad. Under UK law their births had to be registered with a blank where their father’s name should have been. This was held to be incompatible with the human right to private and family life and the law has since been changed. With actions like theft and murder, they are classed as ‘wrong’ both morally and legally.But for crimes such as parking violations they are not seen as immoral, whilst immoral acts such as adultery are not a criminal offence under UK law. If laws enforce morals, then we are faced with the problem that what one person considers immoral, another might not, making it harder to decide which viewpoint it should sanction. This is established in the case of Gillick, where Mrs Gillick sought a declaration that what she saw as an immoral activity (contraceptive advice and treatment available to girls under the age of consent) was illegal regarding its immorality.There was a conflict, as some saw this as immoral (as it would encoura ge underage sex) whilst others felt that it was moral (as underage sex would occur anyway, but this would help prevent unwanted pregnancies). This shows that if such conflict can arise between law and morality, then the two cannot be viewed as equal. There are further disputes that the law should respond to the changing moral attitudes on euthanasia; the British Social Attitudes Survey 2007 found that 80% of people are in favour of legalising it and despite this, there has been no further change.There are various theories on what the relationship of law and morals should be. The first theory is natural law, which is based on morality. This states that there is a higher law to which laws must conform and one should disregard an immoral law, unless doing so would lead to social unrest. Another theory is positivism, which holds a more scientific view of the law and states that if legislation has been correctly made it should be obeyed even if it is immoral. The Hart/Devlin Debate follo wed the publication of the Wolfenden report in 1957.Lord Devlin was a prominent judge and a supporter of natural law whereas the academic Professor Hart was a positivist. The report recommended the legalisation of prostitution and homosexuality ‘should not intervene in the private lives of citizens or seek to enforce any particular pattern of behaviour further than necessary’ to protect others. Hart, who was influenced by the earlier theories of John Stewart Mill, supported the report’s approach, stating that legal enforcement of morals was unnecessary as it interferes with individual liberty.He believed that law and morals should be separate and the state should not intervene to restrict the freedom of individuals. Mill stated that one should not have to follow society’s morals; they should be free to act as they wish, provided their acts do not harm others and Hart only added to this so that their acts also do not harm themselves. Devlin, on the other ha nd, was strongly opposed to the report on a natural law approach. He felt that society had a certain moral standard, which the law had a duty to support, as society would disintegrate without a common morality and this morality should be protected by the law.In this debate Devlin stated â€Å"individual liberty could only flourish in a stable society; disintegration of our society through lack of shared morality would, therefore, threaten individual freedom†. This highlights his beliefs that law and morality are inseparable and the law should in fact intervene in order to support morality. Jeremy Bentham, a philosopher and jurist, rejected natural law theories as ‘nonsense upon stilts’ and concluded that the validity of law does not depend on whether it is good or bad.Ideally, the law should aim to provide the greatest happiness for the greatest number of people, but even if it doesn’t, it may still be a valid law. He added that what the law is and what it should be are different issues. Contrary to Bentham, Aristotle a 4th century Greek philosopher based his ideas on the laws of nature. He stated that ethics is all about learning to be a ‘good person’ and you should not do anything wrong unless there is a very good reason to do so. These views have been perceived as a ‘balancing exercise’ as it is necessary to determine the correct way to behave by weighing up the benefits against the consequences.The Wolfendon Report supported Professor Hart’s view that law and morality should be separate, however, various cases decided since the report show that judges are imposing their moral views in their judgements, such as in the case of R v Brown and Others, the defendants had willingly consented to sado-masochistic practices. Despite that this act was chosen, they were prosecuted and convictions were upheld based on public policy to defend the morality of society. The law is therefore seen to attempt to upho ld what it considers to be public morality, even if some may dispute the correctness of that moral code.This is a contrast to the case of R v Wilson, at her request the defendant branded his initials on his wife with a hot knife. The scars led to him being charged with ABH S47. COA held his conduct amounted to â€Å"tattooing† and that it was not in the public interest to impose a criminal sanction, still showing that the public and their moral views still influence our law. The differing approaches in these cases clearly show that judges are letting their own moral values affect their judgements. The courts often find themselves at the centre of hugely difficult moral decisions involving life and death.They are often forced to decide between individual rights and moral codes. Diane Pretty contracted motor neuron disease and was confined to a wheel chair. She required no treatment to keep her alive, but had great difficulty talking, eating and sleeping. She was concerned that her husband would be convicted of a serious criminal offence if he helped to end her life and sought the permission of the court for active euthanasia. The courts reluctantly refused her request. This relates to euthanasia which can be seen as both morally and legally wrong, reinforcing the idea that certain views in ociety share the same moral and legal opinion. On the other hand, only a year later it was decided that ‘Miss B’, who was suffering from a terminal illness and receiving medical treatment keeping her alive, had the right to refuse to continue with the treatment. This was allowed as it amounted to passive euthanasia which is legally acceptable. Society considers it wrong to take the life of another human being and these two cases reflect this moral viewpoint. In the case of Re A (2000), Siamese twins who had their major organs conjoined were both at risk of dying.However, separation of the twins would have led to the death of one of them. The parents were a gainst the operation and wanted to put the girls fate in the hands of God. The courts however, intervened and decided the operation should go ahead; it was considered a successful operation if one girl survived while her weaker sister died. This follows Bentham’s views that overall more people would benefit if the operation were to go ahead, although this has caused controversy over which individuals moral code should have applied to the situation.The influence of both Hart and Devlin has continued into more recent cases further fuelling the debate as to whether law should enforce moral values or not. In Shaw v DPP the influence of Devlin was seen in the decision with the court describing the ‘fundamental purpose of the law, to conserve not only the safety and order, but also the moral welfare of the state. ’ This was also seen in Knuller v DPP which raised the issue of outraging public decency.Hart has had influence on the infamous Sexual Offences Act 1967 as we ll as reforms in legislation such as the Obscene Publications Act 1968 and the Divorce Law Reform Act 1969. A substantial body of English law is based on moral rules: there is a close relationship between law and morals, as the law does uphold moral values: the existence of laws that serve to defend basic values, such as laws against murder, rape and fraud prove that the two can work together. They both influence each other to a certain extent with the highly moral Ten Commandments being the basis for the UK legal systems most fundamentally important laws.On the other hand, alcohol or smoking restrictions do not reflect a moral code as they have no negative effect on other people. The extent to which law should be influenced by morality remains topical, as mentioned before with laws regarding same-sex marriage and euthanasia. While it can be argued that a significant section of society has come to adopt the view taken by Professor Hart, there nevertheless remains a widely shared bel ief that weakening of the moral basis of the law is dangerous.

Half-Full or Half-Empty?

Half-full or Half-empty? How many of us grew up believing in Peter Pan philosophies that thinking happy thoughts would make everything better? Or at â€Å"every clouds has a silver lining†, â€Å"the glass is always half-full? † and that no matter how awful life is has been â€Å"there’s a light at the end of the tunnel. † Otherwise, you were at varied enormous principle, raised on the belief that by thinking the worst of everything and everyone, you’d be better prepared for disappointment†¦ Psychologists believe that an optimistic attitude is the stairway to success and contentment.It has shown that a positive thinker is more resilient in the fare of difficulties, but they also have healthier lifestyle habits and can cope with stress more easily. And being an optimist has also some benefits, it can reduce tension and enhance emotional being. They’re noted for their ability to see the good of everything, viewing the world as a place of f ull adventure and opportunity. Pessimism brings loss. It ruins hope and possibilities. If a person is pessimistic, he/she doesn’t hope for a better future neither do something to achieve. He doubts his ability to overcome the obstacles along the way.At the end, he/she will just stay where he/she is, without making progress. Because pessimism, people can waste years, even their whole lives. There are ways on how to overcome pessimism and be an optimistic. First, find a cause you believe in. A â€Å"cause† from the bottom of your heart has a blazing courage that can overcome any pessimism. For example, if you think that you can’t pass the test in your school, just bear in mind your true purpose of that test and make you inspiration as a tool for you to make it. Read inspiring stories and connect to your spiritual source. We all know that are strength is limited.By praying, you connect a supernatural force that gives strength you need. For many people, this is the stronger power source. Focus on the possibilities, not in the impossibilities. Of course people become pessimistic when they focus their mind on the impossibilities. All they see is the darkness of the challenges ahead. In that way, all they think is overwhelmed by the difficulties. So remember to focus your mind on the possibilities. See how can you go through all these and be victorious. Pessimism is something we face now and then. Let’s overcome it so that we qualify as leaders in life.

Persuasive Speech Essay Example | Topics and Well Written Essays - 750 words - 2

Persuasive Speech - Essay Example the food that is served to us in the school cafeteria, they may actually be serving us Frankenstein foods or genetically modified foods which are not healthy. This is not to blame the canteen administrators because many of the foods sold at our groceries are in fact genetically modified and it is very difficult to figure out whether they are organic or not (Kenner). Genetically modified foods are already prevalent. They are a product of the factorization of our food industry that seeks to produce food in scale, albeit of lower quality than those that are naturally grown by our farmers. They are also peppered with chemicals so do not be surprised if you still do not feel nourished after a plentiful meal because most of the food you ate was not really food but were mostly composed of chemicals. This is not to say that natural foods are already gone and totally replaced by genetically modified foods. They are still present and are still grown by our farmers. Only that their products are seldomly picked by our grocery stores because they favor the GMO’s more than the healthier organic foods. Being such, GMO is ever present in the current servings of our cafeteria through its fast food servings. I understand that my fellow students love fast foods because of its taste and convenience. I do not like to contradict only that fast foods are not healthy both to our body and environment. This is supported by experts who concluded that â€Å"consumption of fast food, which have high energy densities and glycemic loads, and expose customers to excessive portion sizes, may be greatly contributing to the escalating the rates of overweight and obesity in the USA†. This was supported further by the study of Currie who suggested that the increase in the supply of fast food restaurants have a significant effect on obesity. It is evident that consuming non-organic food is unhealthy both to the body and environment. GMO’s food which is present in fast foods and most

Networks Essay Example | Topics and Well Written Essays - 250 words

Networks - Essay Example It is this type of network that enables the various business entities that are there in a city to be in communication with each other. Finally there is the Wide Area Network. This is the network type that is of primary importance all over the world as it is the one that enables communication between almost all networked computer entities in the world. In IP addressing it is seen that what is commonly used is decimal numbers as compared to binary notation. The primary reason for this is because the decimal numbers are easier to remember in comparison to their binary equivalent. In the case of comparing the bit signal used, the company should opt to stick to the 24-bit digital audio technology as compared to developing one that makes use of the 28-bit. This is because the technology that is there supports the 24-bit and in the event that the 28-bit is implemented there may be loss of the four additional bits. In networking in a building, there are various reasons why a network may be established. One of the reasons may be for the purpose of communication and also there may be the aspect of resource sharing. In order to achieve this there are various components such as routers, gateway among others. All these are the devises that aid in the networking

Marketing research - Lipton yellow tea Paper Example | Topics and Well Written Essays - 250 words

Marketing - Lipton yellow tea - Research Paper Example Through this, they saw the need of dividing the market into segments according to the different geographic location, behavior of customers and the demographic and Psychographic consumer trends (Kotler & Armstrong, 2011). The company has divided the market into different segments by geographic location where each segment is determined using the geographic location of the market. This is done by looking at the nation, region, parish, city, province, and neighborhood where the segment is located. The company has also divided the market by using demographic segmentation where it has determined the market groups using factors such as the age of the consumers, the gender, family life cycle and size, consumer’s income and other factors that touch on the demographic details (Kotler & Armstrong, 2011). The company has thus employed the use of multiple segmentation bases where the market has been divided into segments using various segmentation factors; by this, the company has identified smaller and better target groups (Kotler & Armstrong, 2011). Lipton yellow tea, as a company targets all individuals in working groups who have the ability and willingness to purchase their products. Working groups are potential consumers of Lipton Yellow tea. The company has also employed tactics that will help it in delivering and communicating the desired position to the targeted customers in the different

Responsible Marketing and Advertising Essay Example | Topics and Well Written Essays - 1000 words

Responsible Marketing and Advertising - Essay Example Arguably, these corporate businesses are themselves a subject of these systems of governance, regulation and responsibility but CSR demand corporate businesses to be subject and object of these systems simultaneously. In this connection, PepsiCo responsible advertising practices to ensure that only healthy choices are offered to schoolchildren are widely admired and echoed by corporate peers and competitors. If we zoom into corporate culture and behavior adopted by PepsiCo in previous two decades, its responsiveness to societal needs and demands became evident. A recent voluntary commitment of PepsiCo along with an alliance of multinational food and beverage manufacturers to advertise only the products of specific nutrition value to children under the age of 12 is an exemplary display of its socially aware corporate behavior. Stepping ahead of its competitors, PepsiCo has voluntarily adopted this policy as a global strategy not only in beverages rather it encompasses all food and sna ck’s brand of the corporation. Independent, third party sources have confirmed the success of PepsiCo compliance for this volunteer commitment to IFBA’s policy, formally known to be the policy for advertising to children by International Food & Beverage Alliance. The rate of this compliance is 100 percent for the year 2010 in USA and 98.5 for the rest of major Asian and European markets. Beyond this PepsiCo has taken another initiative. The objective of this initiative is to cut off the direct supply of all full-sugar soft drink to primary and secondary schools by the year 2012. This is a gigantic objective as far the corporate business is concerned. However, it is equally commendable for its social responsiveness on the part of a multinational brand like PepsiCo. Conclusion The need of socially aware and responsible advertising for children under the age 12 is globally recognized. However, the concept of Corporate Social Responsibility (CSR) does not validate its enfo rcement through legislative and disciplinary measures. The beauty of the concept is in its believe in corporate volunteer responsiveness owing to growing acceptance of corporations who are socially more aware of their responsibilities. A proactive approach in committing itself to IFBA’s policy for marketing and voluntarily barring its sales to primary and high schools has further endorsed the social image of PepsiCo as a brand that stems from society and remains committed to it. Access to Nutritious Food and Corporate Responsibilities Naturally, corporate actions and policies are focused to shareholders’ interest and even if it is not intended, they are commonly interpreted on these grounds. More recently, media and masses have begun to focus corporate behaviors towards society more closely and minutely. So it has become increasingly important for corporations to show responsiveness to social demands and needs. Especially for the deserving segments of the society, corp orations are closely watched and monitored. The National Diary Council and The Quaker Oats, a subsidiary of PepsiCo have jointly announced a program to increase the children's access to breakfast, nutritious snacks and physical activity. PepsiCo has responded to this societal demand quite vigorously and have engaged in several socially aware plans to ensure provision of nutritious food to children. The initiative of PepsiCo to engage other corporation in a socially responsive program has once again surfaced its

Stock Investment Assignment Example | Topics and Well Written Essays - 4000 words

Stock Investment - Assignment Example In his article Strategies for Stock Selection, he put forward four factors to look at: markets; economic cycle; obvious risks; and company (How to Choose Stock 2006). Foremost in his recommendations is buying stocks that an investor is not only acquainted with but knowledgeable in. Peter Lynch advises that an investor should buy the stock of a company whose products are purchased by him and his social circle. He should asses if this product will continue to become popular in the future. He cautioned investors that if they can't explain what a company is doing, they should not invest its stocks. In the process of knowing a company, it is imperative that an investor also looks at the current financial position of the company by looking at the different aspects of the business with the help of financial ratios. These ratios reflect not only reflect the financial situation of a business entity but also shows the company's strengths and weaknesses in terms of numbers. Aside from gaining a deep insight on the company's operation and current financial position, an investor should also look at the company's historical performance in terms of financial ra tios and stock prices. To maximize the investment profitability, return of a stock should be compared with other stocks in the same industry (How to Choose Stock 2006). This report is an analysis of the profitability of holding Ted Baker PLC's stocks as ... t an investor also looks at the current financial position of the company by looking at the different aspects of the business with the help of financial ratios. These ratios reflect not only reflect the financial situation of a business entity but also shows the company's strengths and weaknesses in terms of numbers. Aside from gaining a deep insight on the company's operation and current financial position, an investor should also look at the company's historical performance in terms of financial ratios and stock prices. To maximize the investment profitability, return of a stock should be compared with other stocks in the same industry (How to Choose Stock 2006). This report is an analysis of the profitability of holding Ted Baker PLC's stocks as an investment. The next section will briefly introduce the company. Financial analysis will be used to ascertain the current and historical performance of the company. Competitor analysis through a thorough quantitative data will also be employed. The paper will conclude with its findings and recommendations. An appendix containing the accounts used in the financial analysis will be presented. II. Company Profile Ted Baker PLC is primarily involved in the design, manufacture, wholesale and retail of menswear, womenwear, and childrenswear and related accessories which includes skinwear, fragrances, eyewear, and watches. The company was formed by Ted Baker and J. Peterman and is a leader in the apparel and textile industry in the United Kingdom. Ted Baker PLC has 100 retail distributors in the United Kingdom. Internationally, the company's product line is sold in 600 other stores abroad (Ted Baker PLC 2006). A. Historical Performance Looking at the historical performance of the company is essential in determining trends

Issues in global economy Research Paper Example | Topics and Well Written Essays - 1000 words

Issues in global economy - Research Paper Example This piece of writing will center on the strengths, weaknesses, and legality through explanation and in depth analysis. James argues that the effect of information technology on Global perspective has not been deliberately considered. He further stipulates that some developing countries are not in a spot to enjoy the technical changes in the information technology. James further posits that developing countries should become accustomed to the plentiful uniqueness of the information technology such as capability of eliminating irrepressible competition in the business globe. He added that there are great ideology and procedures linked with the information technology (Bigman 2007, p.3-5). James draws his strong points from a World Bank publication that was published in 1996. The document was entitled Global Economic Prospects and The Developing Countries. This document showed findings on irregular participation of developing countries in overseas trade and investments. Good number of d eveloping countries experienced undeniably inferior foreign investments to GDP ratios. Technology situates its control on a range of aspects of the economy such as societal, political, and monetary factors (Bertho 2008, p.168-170). James argues that in the midst of developing countries, the NICs more than any other cluster of developing countries have immensely improved by having a clear understanding of the benefits of information technology and enhanced interaction amongst them. The author supports his argument by giving examples of the countries who have realized dire need of involvement in information technology such as Taiwan, Singapore, and Korea. He emphasizes that these countries had sensed the revolutionary changes and transformations brought about by the information technology. The countries deemed it necessary to increase their competitive edge by thoroughly involving themselves in technological transformation of the complete economy (French 2008, p.80-81). James derived his arguments from very rich sources such as the World Bank and other scholarly sources. Additionally, it comes into reader’s mind that the issue of technology in advancement of the economy has been immensely studied. James argues that developing countries should be able to comprehend and absorb the various benefits coupled with technology in enhancement of the economy. The author, who acknowledges the uneven distribution of globalization, adds that governments should come up with very clear policies that aspire to incorporate the developments of information technology in the developing countries (Bertho 2008, p.163-165). James elaborately, describes and relates the thought of information technology with the global economy by recurrently giving examples. He stipulates that information technology have ease communication amongst countries by stating e-commerce among the advantages gained by technology. He further argues that there are numerous cot saving ideas that are found in technology. According to James, the countries involved intensive use of technology, gains a competitive advantage and better infrastructure thus increasing their foreign investments (Bigman 2007, p.4-6). The article’s motive was to relate globalization with the information technology but this has not been entirely considered by James. The author does not clearly explain in this article, how information techn

THE ENGLISH LAW OF TORT Essay Example | Topics and Well Written Essays - 4500 words

THE ENGLISH LAW OF TORT - Essay Example This was demonstrated in the case of Best v Samuel Fox & Co Ltd 1 in which a wife attempted to sue her husband’s employers for his inability to have intercourse with her, due to an accident at work that had left him emasculated. The claim failed on the basis that the claimant had no proprietary right over her husband, and therefore no injuria had been suffered by the claimant. In contrast, however, it is possible for a claim to be brought where no damage has been suffered. This could occur in the case of the tort of trespass and libel. Merely entering onto the land of another without their consent can be actionable, even of the trespasser causes no damage to the land. Likewise, with libel, the publication of the libel can result in an action being brought by the claimant, without requiring the claimant to prove that any loss was suffered as a result of the wrong. In order to prove that the injuria has caused the damnum it is not necessary to prove the intent of the person causing the harm. Even when intent can be proven, the court can determine that the action of the defendant is not illegal, and therefore not actionable. This was determined in The Mayor of Bradford (Bradford Corporation) v Pickles (1895)2 , in which the defendant placed a well on his land, knowing that this would interrupt the water supply of the town and discolour it. Although in this case the motive of the defendant was malicious, the court ruled that his actions were legal as he was entitled to do whatever he liked on his own land3. Conversely, in Wilkinson v Downton (1897)4, the claimant successfully claimed damages, despite the fact that the harm was caused as a result of a joke, and the defendant lacked any intention to cause harm to the claimant. Intention can be of relevance in bringing a claim in cases of malicious prosecution5, falsehood6, or defamation7 as well as in claims for nuisance. One such case where nuisance was established as actionable was

Eport that outlines why sustainable development is part of the Essay

Eport that outlines why sustainable development is part of the solution to man-made global warming - Essay Example Wind energy appears to be feasible sustainable energy option, which can fulfil power needs, even while countering global warming. Table of Contents Introduction 3 Aims and Objectives 3 Global Warming and how sustainable development is the way forward 4 Sustainable options 5 Conclusion 7 References 8 Sustainable development is part of the solution to man-made global warming Introduction Man-made global warming subjects the environment to various forms of ‘assaults’ and that is having a extreme effect on the human lives as well, as both coexist. Loss of human supporting biodiversity, shortage of fresh water, drastic changes in climate, etc are having negative effect on the health of the humans. Unless this negative impact of global warming is stopped or paused or even minimized, it will continue to endanger many human lives not only in the present but also in the future. Thus, before formulating any strategies against global warming, it is necessary to understand how actio ns taken by people of current generation could have an impact or consequence for them as well as for the future generations. This aspect of understanding and caring for the people of present times as well as future, and thereby acting accordingly only constitutes sustainable development. As defined by Kates, Parris and Leiserowitz (2005) sustainable development is the â€Å"†¦ability to make development sustainable to ensure that it meets the needs of the present without compromising the ability of future generations to meet their own needs† Aims and Objectives Development is carried out mainly focusing on economic and materialistic aspects, without thinking about sustainability. That is, as pointed out above, sustainable development focuses on the wellbeing of not only the present generation of people but also the future, but this focus on economic aspects and materialism is destroying the environment and the people dependent on it. Thus, it is very crucial to carry out these developmental activities in a sustainable way. Sustainable development is a major part of the solution to global warming, as it eliminates the catalytic factors of global warming. After focusing on how sustainable development is the way forward for the human race, the next part of the paper will discuss the various sustainable options, particularly focusing on Wind power. The paper will end with a personal conclusion on how to stop or pause or even minimize global warming and its effects. Global Warming and how sustainable development is the way forward Global Warming is mainly caused by the GHG, particularly Carbon Dioxide (CO2) and their activities in the atmosphere. This increased CO2 emissions and the resultant global warming hots up the earth abnormally, leading to various negative effects on the environment as well as the human lives. CO2 emissions are visible in various human developmental activities starting from constructing new infrastructure to the process of elect rification. For example, Coal, used to generate electrical power in many countries around the world, is also high emitter of CO2. â€Å"With Coal having the highest carbon intensity among fossil fuels, coal-fired plants have the highest output rate of CO2 per kilowatthour.† (eia.doe.gov). As there is increasing emission of CO2, earth gets hotted up very quickly melting the

Constitution of India Essay Example for Free

Constitution of India Essay Section 10(3)(c) of the Passport Act authorizes the Passport authority to impound a Passport if it deems it necessary to do so in the in the interest of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interest of the general public. Maneka’s passport was impounded by the central Government under the Passport Act in the interest of the general public. Maneka filed a writ petition challenging the order on the ground of violation of her Fundamental Rights under Article 21. One of the major grounds of challenge was that the order impounding the Passport was null and void as it had been made without affording her an opportunity to being heard in her defence. The court laid down a number of propositions seeking to make Article 21 much more meaningful than hitherto. ↠ The court reiterated the proposition that Article 14, 19 and 21 are not mutually exclusive. A law prescribing a procedure for depriving a person of ‘personal liberty’ has to meet the requirements of Article 19. Also the procedure established by law in Article 21 must answer the requirement of Article 14 as well. ↠ The expression ‘Personal liberty’ in Article 21 was given an expansive interpretation. The expression ‘Personal liberty’ ought not be read in a narrow and restricted sense so as to exclude those attributes of personal liberty which are specifically dealt with in Article 19. The right to travel abroad falls under Article 21. ↠ The most significant and creative aspect of Maneka case, is the re-interpretation by the Court of the expression ‘procedure established by law’ used in article 21. Article 21 would no longer mean that law could prescribe some semblance of procedure, however arbitrary or fanciful, to deprive a person of his personal liberty. It now means that the procedure must satisfy certain requisites in the sense of being fair and reasonable. The procedure cannot be arbitrary unfair or unreasonable. As the right to travel abroad falls under art 21, natural justice must be applied while exercising the power of impounding a Passport under the Passport Act. Although the Passport Act does not expressly provide for the requirement of hearing before a passport is impounded, yet the same has to be implied therein. Case 2 Sunil Batra vs. Delhi Administration (1980) The Court has given several directives to improve many aspects of prison administration and condition of prisoners. In this case, the Court has pointed out that its powers under Art. 32 are free from the rigid restraints of the traditional English writs. Prison torture is not beyond the reach of the Supreme Court under Article 32. For this purpose, the Court treats letters from prisoners as writ petitions. In this case, the judicial process was set in motion by a letter written by a prisoner to a Judge of the Supreme Court complaining of the brutal attack by the prison staff on a fellow prisoner. Forsaking all procedural formalities, â€Å"since freedom was at stake†, the letter was treated by the Court as a petition for the writ of Habeas Corpus. Case 3 Hussainara Khatoon vs. Home Secretary – State of Bihar (1979) Hussaainara Khatoon case of the Bihar undertrials started with an article written in Indian Express. An advocate then filed a petition under Article 32 in the Supreme Court to protect the personal liberty of the undertrials. The Supreme Court has laid great emphasis on speedy trial of criminal offences and has emphasized: â€Å"It is implicit in the broad sweep and content of Article 21†. A fair trial implies a speedy trial. No procedure can be ‘reasonable fair or just’ unless that procedure ensures a speedy trial for determination of the guilt of such person. The Supreme Court has directed release of all undertrials who have been in jail for periods longer than the maximum term of imprisonment for which they could be sentenced if convicted of the offence charged. The Court also directed that the undertrial prisoners, who are accused of multiple offences and who have already been in jail for the maximum term for which they could be sentenced on conviction, even if the sentences awarded to them were consecutive and not concurrent, should be released forthwith, since their continued detention clearly violates not only human dignity but also their Fundamental Right under Art.21 of the Constitution. The Supreme Court has taken a big innovative step forward in humanizing the administration of criminal justice by suggesting that free legal aid be provided by the State to poor prisoners facing a prison sentence. Case 4 Keshavananda Bharati vs. State of Kerala (1973) The State of Kerala passed the Kerala Land Reforms Act. 1963. This Act affected the interest of the petitioner, Keshavananda Bharati, Swamiji of a mutt. So he filed a writ petition before the Supreme Court under Article 32 of the constitution, contending that his fundamental rights under Article 14,19(1)(f),25,26 and 31 were violated by the Kerala Land Reforms Act. While the case was pending, the parliament passed three constitutional Amendments, viz., 24th, 25th 29th Amendments. The constitution Twenty-fourth Amendment repealed article 19(1) (f) which read â€Å"to acquire, hold and dispose of property†. It also repealed Article 31, i.e., compulsory acquisition of property. It made several other changes. It also included the Kerala Land Reforms Act in the ninth schedule, thereby making them immune from attack on the ground of fundamental rights. As a result, the fundamental right to property was deleted from the constitution. The petitioner felt that, by these Amendments, he would lose the case in the court. So, he amended his writ petition before the Supreme Court, challenged the validity of 24th, 25th 29th Amendments. He contended that though the power of the parliament to amend was wide, it was not unlimited. The power to amend under Article 368 should not empower the parliament to destroy the basic features of the constitution. The Supreme Court’s judgment in this case is as follows: i) The constitution Twenty-fourth (Amendment) Act, 1971, section 2(a) (b) of the constitution Twenty-fifth (Amendment) Act, and the constitution Twenty-ninth (Amendment) Act are valid. ii) The decision of the majority in Golaknath’s case that the word ‘Law’ in Article 13(2) included Amendments to the constitution the Article operated as a limitation upon the power to amend the constitution under Article 368 is erroneous, and so, is overruled. iii) The power of Amendment includes within itself the power to add, alter or repeal the various Articles of the constitution, including those relating to fundamental rights. iv) There is no power to amend or alter the basic structure of the constitution. v) The First part of the Article 31-C is valid, and the second part of the Article 31-C laying down â€Å"no law containing a declaration that if it is for giving effect to such policy shall be called in question in any court on the ground that it doesn’t give effect to such policy† is invalid. vi) There is no inherent or implied limitations on the power of Amendment under Article 368. Case 5 Air India vs. Nergesh Meerza (1981) A regulation made by Air India, a statutory corporation, fixed the normal age of retirement of air hostesses at 35 yrs but authorized the managing director to extend the same to 45 yrs at his option subject to other conditions being satisfied. The regulation was held bad as it armed the managing director with uncanalized and unguided discretion to extend the age of retirement of any air hostess. No guidelines, principles or norms were laid down subject to which the power was to be exercised. Nor was there any procedural safeguard available to an air hostess who was denied extension. A regulation providing for termination of service of an airhostess in Air India on her first pregnancy has been held to be arbitrary and abhorrent to the notions of a civilized society. Case 6 Visakha vs. State of Rajasthan (1997) The Supreme Court has declared sexual harassment of a working woman at her place of work as amounting to violation of rights of gender equality and right to life and liberty which is a clear violation of Article 14, 15 and 21 of the Constitution. Article 21 guarantees right to life with dignity. Accordingly the Court has observed in this connection: â€Å"the meaning and content of the Fundamental Rights guaranteed in the constitution of India are of sufficient amplitude to encompass all the facets of gender equality including prevention of sexual harassment or abuse† Sexual harassment also violates the victim’s fundamental right under Article 19(1)(g) â€Å"to practice any profession or to carry out any occupation, trade or business†. Thus Article 32 is attracted. In the absence of any domestic law relating to sexual harassment in India, the Supreme Court has itself laid down under Article 32 some directions for prevention of such harassment. These directions are binding and enforceable and are required to be strictly observed in all work places until suitable legislation is enacted to occupy the field. Case 7 M R Balaji vs. State of Mysore (1963) An order of the Mysore Government issued under Article 15(4) reserved seats for admission to the state Medical and Engineering colleges for Backward classes(28%) and ‘more’ Backward classes(22%). This was in addition to the reservation of seats for SCs (15%) and for STs (3%). Backward and more backward classes were designated on the basis of ‘castes’ and ‘communities’ The Supreme Court characterized Article 15(4) as an exception to Article 15(1) (as well as to Article 29(2)]. The court declared the order bad on several grounds in this case. ↠ The first defect in the Mysore order was that it was based solely on caste without regard to other relevant factors and this was not permissible under Article 15(4) ↠ Secondly, the test adopted by the state to measure educational backwardness was the basis of the average of student population in the last three high school classes of all high schools in the state in relation to a thousand citizens of that community. This average for the whole state was 6.9 per thousand. The vice of the Mysore order was that it included in the list of backward classes, castes or communities whose average was slightly above, or very near or just below the state average(e.g., Lingayats (7.1) were mentioned in BC list). ↠ Thirdly, the court declared that Article 15(4) does not envisage classification between backward and more backward classes as was made by the Mysore order. In Balaji case, the Supreme Court could sense the danger in treating ‘caste’ as the sole criterion for determining social and educational backwardness. The importance of the judgment lies in realistically appraising the situation when the court said that economic backwardness would provide a more reliable yardstick for determining social backwardness because more often educational backwardness is the outcome of social backwardness. The court drew distinction between ‘caste’ and ‘class’. An attempt at finding a new basis for ascertaining social and educational backwardness in place of caste is reflected in the Balaji decision. The court also ruled that reservation under Article 15(4) should be reasonable. It should not be such as to defeat or nullify the main rule of equality enshrined in Article 15(1). While it would not be possible to predicate the exact permissible percentage of reservation, it can be stated in a general and broad way that it ought to be less than 50%. Case 8 Indra Sawhney vs. Union of India (1992) (Mandal Commission Case) The Supreme Court has taken cognizance of many complex but very momentous questions having a bearing on the future welfare and stability of the Indian society. ↠ The overall reservation in a year is limited to a maximum of 50% ↠ Amongst the classes granted reservation, those who have been benefited from reservation and have thus improved their social status (called the ‘creamy layer’ by the court), should not be allowed to benefit from reservation over and over again. This means that the benefit of reservation should not be misappropriated by the upper crust but that the benefit of reservation should be allowed to filter down to the lowliest so that they may benefit from reservation to improve their position. The court has said that if a member of IAS, IPS or any other All India Service, his social status rises; he is no longer socially disadvantaged. This means that, in effect, a family can avail of the reservation only once. ↠ An element of merit has been introduced into the scheme of reservation. o Promotions are to be merit based and are to be excluded from the reservation rule. o Certain posts are to be excluded from the reservation rule and recruitment to such posts is to be merit based. Minimum standards have to be laid for recruitment to the reserved posts.

The Fundamentalism And Caste Conflict Phenomenons Religion Essay

The Fundamentalism And Caste Conflict Phenomenons Religion Essay Fundamentalism and Casteism are considered as two different phenomenons. Whereby both these terminologies have been approached probably as different issues lying in the present Indian scenario. Conflict, as well, seems to be considered as the outcome of these issues. However, there is an attempt made in this paper to find out firstly, what fundamentalism means, secondly how fundamentalism becomes the base for Casteism; thirdly how Casteism paved the way for different conflicts; and finally, this paper deals with the Pastoral Response from the Pastoral Care and Counselling perspective to the caste conflict situation, which emerged from fundamentalism. Though Fundamentalism itself has the wide range of definition and yet not confined to a particular definition, in order to limit the scope of this paper, the definition of the term Fundamentalism is narrowed down to the foundational understanding of the Caste System. Nevertheless, this paper tries to interact with these isms from their b asic understanding and what upshot they have brought to the society. 1. Fundamentalism What does it mean? Fundamentalism is the practice of following very strictly the basic rules and teachings of any religion defines Oxford Advance learners Dictionarys seventh edition. Steven Jones, a research scholar from Virginia University describes that the term fundamentalism was initiated in the series of booklets authored and published by leading Evangelical churchmen in US between 1910 and 1915. However, the term was given full strength in 1920 after Curtis Lee Laws appropriated the term `fundamentalist as a designation for those who were ready to do battle royal for the Fundamentals.' M.M.Thomas comments, These booklets opposed the application of modern critical historical approach to the bible and the traditional dogmas of Christianity, because in their opinion, it would destroy their supranatural and supernatural elements which belong to their very essence. Though the definition of this term has wide range of meaning, yet a fundamentalist is reckoned as the strict follower of a particular religions teachings and its beliefs. James Barr states Fundamentalism is based on a particular kind of religious tradition, and uses the form, rather than reality, of biblical authority to provide a shield for this tradition. Even, Bruce Lawrence in his book Defenders of God defines fundamentalism as: The affirmation of religious authority as holistic and absolute, admitting of neither criticism nor reduction; it is expressed through the collective demand that specific creedal and ethical dictates derived from the scriptures be publicly recognized and legally enforced. David Frawley views that, Fundamentalists generally hold to their religions older social customs and refuse to integrate into the broader stream of modern society which recognizes freedom of religious belief. In agreement to this statement, Dr.Ramendra identifies, fundamentalism means be lief in  the literal truth of religious scriptures and fundamental religious beliefs of any religion. For Altmeyer and Hunsinger fundamentalism is the belief that there is one set of religious teachings that clearly contains the fundamental, basic, intrinsic, essential, inerrant truth about humanity and deity; that this essential truth is fundamentally opposed by forces of evil which must be vigorously fought; that this truth must be followed today according to the fundamental, unchangeable practices of the past; and that those who believe and follow these fundamental teachings have a special relationship with the deity. As a whole, though the term fundamentalism is widely used with different connotations, still it cannot be denied that the term basically used with religious notion and it stands for it till today whether stand for inerrancy of truth or militancy in its outlook. M.M.Thomas, Citing V.M.Tarkhundess statement, says Fundamentalism consists of uncritical adherence to an cient beliefs and practices. On the other hand, Fundamentalism is probably viewed as the counter institution to Liberalism, Modernism and Secularism. The fundamentalist movement tries to preserve what it considers the basic ideas of Christianity against criticism by liberal theologians. Fundamentalism designates what is more generally called a conservative type of Christian thought, as opposed to the liberal or modernist tendencies. M.M.Thomas states It may also arise from the insecurity of faith when its religious expressions are faced with the necessity to change.and Fundamentalism emerged out of reaction to closed secularism Erskine Clarke utters that Fundamentalists resist secularisation and the cultural elements of modernity Accordibng to Marsden, an American fundamentalist is an evangelical who is militant in opposition to liberal theology in the churches or to changes in cultural values or mores, such as those associated with secular humanism. In his note, he says, in recent years been applied by analogy to any militantly traditional religion, such as Islamic fundamentalism. M.M.Thomas opines, It is justifiable to characterise as fundamentalist similar movements in any religion which buttress traditional beliefs and social order from reform or change Over all, Fundamentalism can be defined as strictly following of religious beliefs and traditions as well as it is a counter attitude against modernity which hails secularism and liberalism. With this definition, let us move on to analyse the caste system in India. 2. Caste: Does it emerge from Fundamentalism? On its outlook, everyone would say that Caste system is probably not an outcome of Fundamentalism because both of them are different issues. Whereby, in this paper an argument is proposed that Casteism in India is one of the fruits of Fundamentalism. Though Caste System itself has the attitude of fundamentalism, the primary focus of this paper is how Casteism can be the victim of fundamentalism. There were many who fought like B.R.Ambedkar, Periyar, Jothiba Phule and Panditha Ramambai for the eradication of this canker system, hence it still rules the Indian society because of its deep roots in the Indian Soil. In order to substantiate the argument, it is good to view the definition and origin of the Caste system in India. The word caste, which is of Spanish and Portuguese origin, is derived from Latin Castus which means pure. However, the Portuguese word casta means breed, race or kind. It seems that the word was used by the Portuguese to denote Indian social classification says Bal Krishna Sharma. Seligman describes caste as an endogamous and hereditary subdivision of an ethnic unit occupying a position of superior or inferior rank or social esteem in comparison with other such subdivision. Nesfield and Sir H.Risley also support this view. Ketkar defines caste as (1) membership is confined to those who are born of members and includes all persons so born; (2) the members are forbidden by an inexorable social law to marry outside the group. Thus, caste is a stratified system in which each segment has its identity with a common name, origin and strictly specified inter-group relations. Each group is endogamous, traditionally following an occupation and enjoying a particular postion in the social hierar chy, built around the opposition of purity and pollution. The groups are localised, but keep social distance between them. However, Casteism arises out of Hindu philosophy and becomes the beacon of the unique identity of the Hindu Society. Oxford Dictionary defines as any of the four main division of the Hindu society, originally than made according to function in the society. T.K.Oomen states, What is unique to India is the all pervasive Caste hierarchy, legitimised through the Hindu doctrine of Karma and reincarnation. P.K.Kar elucidates that the beginning of Caste system is in the Hindu philosophy of four varnas. Ambrose Pinto cites Ambedkars view that the sanction behind the caste system is the religious sanction, for, the caste as the new form of varna system derives its sanction from the Vedas which form the sacred books of the Hindu religion and which are infallible. I say unfortunately because anything, which has a religious sanction, becomes by virtue of it sacred and eternal. To the Hindu, caste is sacred and caste is eternal. Max Weber Cited by Toppo states, Caste, that is, the ritual and righ ts and duties it gives and imposes, and the position of the Brahmans, is the fundamental institution of Hinduism. Before everything else, without caste there is no Hindu. Thus, the caste system in India belongs to Hindu Philosophy which emerges from Vedas and Upanishads. Whereas this system is cemented by the code of Manu, called Manava Dharma Shastra or Manusmirti. Dr.Ramendra says, According to Manusmriti, anybody who argues critically and logically about  dharmashastras ought to be ostracized. With the above information, let us now look at the similarities between Fundamentalism and Casteism. Basically, both these isms consider the religious beliefs, teachings, and tradition as their base. Another aspect is their strong opposition to modernism. While modernism supports liberalism and secularism, the caste system in India can witness its strong roots in the Indian Soil. For which, the recent issues like Honour Killing, the atrocities against Dalits and the demand for caste base census all show the very fact that though India achieves many things with modernity, yet is under the strong bondage of Casteism. Dr.K.S.Jacob states, While the secular, socialistic and democratic principles enshrined in the constitution demand equality of outcomes, the inherent caste-related inequality continues to dominate reality in Indian society. M.M.Thomas claims ,Purity and impurity ideas were the religious foundation of caste and it is the return to it by the middle class for spiritual and ec onomic stability that makes their shift from secularism to hindutva. It is painful to note the caste embracement is not only of Hinduism, but also it has its strong footage in Isalam and Christianity too in the recent past. One may probably question, why such evil system in these religions? The answer drawn by Koilaparampil when talking about Caste among Christians, he states the rank of the Christian in the local community continues to depend on the Caste from which he was converted and this persists to the third and forth generation. As M.M.Thomas states Fundamentalism consists of uncritical adherence to ancient beliefs and practices may probably support this notion when we compare Caste among Christian and Fundamentalism. As Caste is considered important for identification, may also support the above view. Finally both these issues may Probably lead towards conflict or violence. The recent murder in Khairlanji, a village in Maharashtra depicts the picture of the caste systems rule yet in Indian soil. Thus, Casteism can probably consider as the fruit of fundamentalism and this leads to the present day Caste conflicts. 3. Conflict Etymologically the term conflict is derived from con-fligere (Latin) denoting to strike together. It implies fight, clash, sharp or mild disagreement or even antagonism. Rachel Bagh cites William W.Wilmot and Joyce L.Hockers definition conflict is an expressed struggle between at least two interdependent parties who perceive incompatible goals, scarce, resources, and interference from others in achieving their goals. Alan C.FIlley defines conflict as a process which takes place between two or more parties. By parties he refers to individuals, groups, or organizations. Whereby, he explains, Within our various social relationships are some which involve real or perceived differences between two or more parties. Where the interests of the parties are mutually exclusive that is, where the gain of one partys goal is at the cost of the others, or where the parties have different values- then the resulting social interaction between the parties contains fertile ground for conflict. Accordi ng to Lewis A.Coser, conflict is a struggle over values or claims of status, power and scarce resources, in which the aims of the conflicting parties are not only to gain the desired values but also to neutralize, injure or eliminate their rivals. Such conflicts may take place between individuals and between collectivities. Intra group as well as inter group conflicts are perennial feature of social life. B.J.Prashantham states Incompatible goals and means of achieving them can lead conflicts in inter-personal relations as would, differences in perception, communication styles, personality differences, personal interests and ideology. Thus, Maria Arul Raja comments, Whenever human agency is alive and active, they appear rather clearly, in a positive or negative manner. Conflict, thus. Can be defined as the struggle between two persons or parties aiming at some goal to achieve. Conflict is categorised under four divisions; they are intra-personal, inter-personal, intra-group and inter-group. Intra-Personal It is conflict within a person. Murry states that according to psychologists there is a crowd in each of us. For which he elucidates, there is a conflict between the spending self and saving self of a person when he received money. For him, Sigmund Freuds theory of a person as a composite of three forces (the Id, the Ego, the Super-Ego) each with different wishes and standards and Eric Bernes theory of a person as a composite of three different ego-states (Parent ego, Adult ego, and Child ego) with three different attitudes to life and the environment, are the best witnesses for explaining intra personal conflict. Inter-Personal This is a conflict between two individuals. Each person has different needs, values system, a world view and wants. When people with these differing dispositions meet, they clash. The difference may further widen by difference in sex, race, class and creed and social conflict becomes inevitable. Intra-Group and Inter-Group Inter-group and even intra-group conflict can arise due to differences in goals, values, loyalties and heritage. Race, region, creed, nationalities, and ideologies are among the factors causing inter-group conflicts. Members of different groups develop inter-group loyalties and perceive the other groups with disinterest, prejudice, and antagonism. Therefore, conflict arises in any one form of the above. It is important to note that a persons behaviour may affect his personality as well as others. Alfred Adler states that a man is motivated primarily by social urges. Behaviourist therapy considers outward behaviours are the result of faulty, maladaptive learning from the environment. So, conflict in the inter personal or inter group level may spring out because of the intra personal conflict. Besides, for the interpersonal conflicts, P.K.Kar narrates, lower castes in India who are disabled from the social, economic, educational and religious viewpoint, most often become aware of their position and resent oppression and discrimination by higher castes. This change in the outlook of the lower castes culminates in inter caste conflicts. The Khairlanji Murder is the best example of this cause. Another present reality issue in the Indian scenario is Honour killings. This issue is the reaction to inter-caste marriages is much stronge r and violent when the girl marries a dalit or into a lower caste than her own, Says Times of India. Knowing the fact that the Caste is one of the sources of conflict, now we move on to the next section where we can draw some useful responses to resolve the conflict from the Pastoral Care and Counselling perspective. 4. A Pastoral Response to Caste Conflict Pastoral Care and Counselling in the words of William A.Clebsch and Charles R.Jackle is defined as a helping act, done by representative Christian persons, directed towards the healing, sustaining, guiding, and reconciling of troubled persons whose troubles arise in the context of ultimate meanings and concerns. Thus, a Pastor or a Christain counsellor is the one who helps people in times of their trouble. For which, C.W.Bristar expresses, the Churchs ministry is personal and social, ranging from individual salvation and guidance to mutual support and social welfare. Rachel Bagh refers that we are called to the ministry of reconciliation/peacemaking (2Cor. 5:17-20). So, the role of the Counsellor in the conflict resolution is crucial and necessary in order to help persons to liberate from the bondage of Conflict. Probably, there may be diverse opinions and suggestion for the conflict resolution, hence hereby some pastoral responses are placed knowingly the limitation of this paper. Preparation of the Counsellor In order to have a fruitful reconciliation ministry, the preparation of the Counsellor is crucial. For which Augsburger suggests that the mediators seek progressively sharpen their basic skills of empathy, active listening, sensitivity to needs of parties, sense of timing, verbal and non-verbal communication skills, capacity to maintain neutrality while remaining in contact, and ability to understand the stages of negotiation and conflict resolution. Along with this, Rachel Bagh suggests that the mediator should be trustworthy and confidential. Besides, the counsellor need to sense the presence of Holy Spirit and can probably utilise religious recourses (like Prayer, Scripture and etc.) and Religious symbols (Theological symbols like Grace, forgiveness, Atonement and so on) in the counselling process. Thus, the preparation of the counsellor is necessary before the counselling process starts in caste conflict resolution. Preparation of the Counselee Preparing for Acceptance Acceptence is the basic aspect in conflict resolution. Conflict arise when one person thinks that he is superior. Both Fundamentalism and caste sytem have the attitude of Superiority. Whereby others those who dont follow the norms of the fundamentalists are considered as the enemies of fundamentalism. This attitude creates conflict. The inferior attitude of oneself leads to inferiority complex, aggression, fear, anxiety and so on. This postulates the intrapersonal conflict. Whereby, superior attitude leads to interpersonal or inter-group conflict too. The counsellor needs to encourage the client to consider other human as human and should help him/her to respect each other. As Carl Rogers proposes, Unconditional Positive Regard need to be important in resolving the problem. The best example of this acceptance would be Jesus. As Murry states, Christians are the members of the new humanity in Christ whose thoughts and actions are directed by the principles of Christ. Thus, the counsell or helps the client to prepare himself to accept each other. Encouraging for love your Neighbour Another important aspect in conflict resolution is encouraging the client to love other even enemies. Rational emotive Therapy of Albert Ellis highlights irrational beliefs and perception leads to distortion of personality. Both caste system and Fundamentalism imposes hatred rather love with the irrational religious beliefs. For example, Ambrose Pinto in his article Caste conflict in Karnataka, indirectly quotes the major crisis of the conflict in Idapanur is hatred between different castes. However, God expects us to Love others (John 15:12). Murry states that the plain truth about God and the Christians is that God wants the Christians in every situation to love the other humans (even enemies), to forgive the others more than once, to seek also the interests of the others, to do the others as he/she would like to do to him/her. Making a Sense of Reconciliation The conservative concept is that never reconcile with anybody. Fundamentalism is on that line the same way, though many improvements in the society arise, still we hear about caste discrimination and caste biased atrocities. This shows the strength of non-reconciliation. Whereas, conflict resolution hangs on acceptance, Love one another and forgivenss. The spirit of forgiveness leads towards reconciliation. Murry, states that The Christ-event in history is symbolized by the shape of the cross Christ died on the vertical line symbolizing God-human reconciliation accomplished, and the horizontal beam symbolizing the imperative of human-human reconciliation if humans should avail the efficacy of Christs redemption. The cross of Christ reminds us of Gods love, humility, forgiveness, and vicarious death for those who broke His heart should e the reference point for the Christians in dealing with any kind of conflict; personal, communal or global. Ps. 85:10, 2 Cor. 13:11, Rom. 5:1, Eph. 2 :14). Eric Bernes Transactional Analysis explains the three ego states (Parent ego, adult ego, and child ego). According to Murry, The over dependence on either one ego states will result in conflict. So, all these three to some proportions are required in a person. The counselee has to be reminded of forgiving each other and accept each other without comments. Creating the sense of Wholeness Conflict damages the personality. As Fritz Perls views, many personalities as lacking wholeness, as being fragmented and people are often aware of only parts of themselves rather than of the whole self. further he states that the Gestalt therapists assist to discover clients self and mobilize it for greater effectiveness. Fundamentalism and Caste System segregate the human socity and also looks other with negative cannotation. Whereas the prime concern of Christian understanding is to bring back the fragmentd humanity to experience wholeness growth. Liberation is one of the aspect in redeeming wholeness, says Clinebell. However, fundamentalism and Casteism opposes the liberation aspect. But in resolving the conflict, the counsellor need to bring the counslee into the sense of liberation to attain Wholeness. Building the community of Shalom Finally, the pastoral response to Caste conflict as conflict resolution is building the community of peace and harmony. The major hindrance of Fundamentalism and Casteism is their approach with humanity and society. These both compartmentalise the society and break the human relationship. The stratified system of the society on the basis of Law code of Manu, had not only divided the Indian Society but also created enmity. Whwn God creted, he wanted that the creation to live harmoniously. Whereas the present situation goes upside down. However, the conflict resolution needs to build the community not to destroy. Conclusion Fundamentalism is of following strictly the teachings and tradition of a religion. Whereby, the existence of Caste system demonstrates that the root of the Casteism comes from the Indian religious traditions and Hindu philosophy. No one can deny, both these issues are interrelated by their idealogy too after it has been discussed broadly in this paper. Nevertheless, these evil practices not only helped the seeds of conflict to grow but also claimed many lives in order to satisfy its thirst. Hence, the role of a Christian minister or Counsellor is crucial at this juncture. If a Chritian misiter give totally for the sake of building the shalom community, hope the kingdom of God will be rooted on this earth. For concluding this paper, it will probably be worth quoting Dyanchnad Carrs statements. in the cse of local and micro level conflicts the hurt memories do play an important role both in keeping alive the dormant of volcano of resentment and anger as well as in fanning them into fi res of conflagration. We need to do all we can diffuse the situation and bring about a reconciled peace.

Curbing crime against women

Curbing crime against women CURBING CRIME AGAINST WOMEN INTRODUCTION Despite existence of a number of special legislations for providing protection to women, the proportion of crime against women has deteriorated. Women continue to be victims of various types of crimes. Although Women may be victims of any of the crimes such as ‘Murder, ‘Robbery, ‘Cheating, etc, only the crimes which are directed specifically against Women are characterised as ‘Crimes Against Women. These are broadly classified under two categories. The Crimes under the Indian Penal Code (IPC) Rape (Sec. 376 IPC) Kidnapping Abduction for different purposes (Sec. 363 373 IPC) Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC) Torture, both mental and physical (Sec. 498-A IPC) Molestation (Sec. 354 IPC) Sexual Harassment (Sec. 509 IPC) Importation of girls (upto 21 years of age) (Sec. 366-B IPC) The Crimes under the Special Local Laws (SLL) Although all laws are not gender specific, the provisions of law affecting women significantly have been reviewed periodically and amendments carried out to keep pace with the emerging requirements. The gender specific laws for which crime statistics are recorded throughout the country are Immoral Traffic (Prevention) Act, 1956 Dowry Prohibition Act, 1961 The Child Marriage Restraint (Amendment) Act, 1979 Indecent Representation of Women (Prohibition) Act, 1986 Commission of Sati (Prevention) LITERATURE REVIEW Life in Delhi turns a daily nightmare for women from North-East New Delhi:The capital city of India has become a daily nightmare for women from the North-East of the country who are here to study or for work. A close study of reports shows that the community of about 100,000 people from the north-eastern states is under threat – virtually any day, any time – of assault, molestation, or murder. As many as 16 severe cases of molestation, rape and other forms of extreme cruelty perpetuated in Delhi against people from the North-East have been recorded so far in 2009. And, 4 of these incidents took place in the last two weeks. The worst cases of recent atrocities against people from the North-East staying in Delhi include the murder by Pushpam Kumar Sinha, 34, of a young girl from Manipur; molestation of a girl from Arunachal by school boys; molestation of a girl from Nagaland; and assault on a couple from Nagaland. On October 24, 2009, Pushpam Sinha, 34, a PhD scholar working at the India Institute of Technology (IIT), Delhi, assaulted and strangled to death Ramchanphy Hongray, the 19-year-old girl who is his neighbour, in her home in south Delhi. The man then burnt the girls face in order to mislead the police. At Sarojini Nagar in Delhi, on October 12, a girl from the North-East was dragged into a van. However, the presence of mind of the victim, who is an employee of a 5-star hotel, saved her life. After the girl raised a hue and cry, passersby caught hold of one of the assailants and beat him up. On October 17, a couple from Nagaland was assaulted by some young men, who were allegedly drunk, at Safdarjung Enclave. The same day, a 5-year-old girl from the North-East was allegedly molested by her tuition teacher. Earlier, in April 2009, a girl aged 6, was raped and murdered by her neighbour. The girls body was later fished out from a water tank nearby. These terrifying incidents have prompted YS Dadwal, Delhi Police Commissioner, to call for a ‘zero-tolerance policy towards any crime committed against women from the North-East. He has ordered that crimes committed against people from the North-East be given top priority, and asked 3 Deputy Commissioners from east, south and north Delhi to act as nodal officers for the safety of women. However, many members of the North-East community complain that the police have been slow to act. According to Madhu Chandra, spokesman for the North-East Support Centre and Helpline, a help centre for the youth from the north-eastern states living in Delhi and the National Capital region (NCR), there have been several cases of atrocities, but police are doing little about them and demanded that the Delhi government act sternly to check these incidents. About 4,000 students from the North-East take admission to various courses in Delhi University (DU) each year, and for them, every day in Delhi is like a nightmare, Madhu Chandra says. A survey conducted by the North-East Support Centre and Helpline has revealed that 86% (or about 86,000) people hailing from the north-eastern states and living in Delhi face some sort of discrimination or the other â€Å"on a daily basis.† The North-East Support Centre alleges that nearly half the number of women sexually harassed in Delhi and neighbourhood is from the North-East. He says that the Northeast Support Centre and Helpline is â€Å"flooded with complaints related to sexual harassment.† Most members of the north-eastern community are not happy with the police. Kamakshi Sinha, who hails from Assam and doing her undergraduate course in Delhi University, says that that the police circular is â€Å"just a piece of paper.† She complains that people in Delhi call them ‘Chinky and such other derogatory names, and the policemen ridicule them when they go to the police station to lodge a complaint. Another female student of Delhi University says that most girls from the North-East are even scared of approaching the police. â€Å"Police do not respond to our pleas, and we are treated like outcasts,† she laments. Meanwhile, Rahul Gandhi, MP and Congress general secretary, has said he will totally cooperate with the North-East Students Union in its efforts to curb the increasing menace of crime against both men and women the north-eastern states. Rahul Gandhi gave this assurance to a team of members of the North-East Students Union which met him to seek his support and intervention in the matter. ARTICLE:2 NCW gives wake-up call to curb crime against women Puneet Nicholas Yadav / DNA Thursday, January 15, 2009 2:27 IST New Delhi:Its a cry to check the rise in crime against women across the country, aptly titled, Jaago (wake up). The National Commission for Women (NCW) plans to soon initiate its nationwide Jaago campaign, to sensitise policemen and civil society about crime against women. The commission will shortly invite representatives of corporates, educational institutions and BPO companies to discuss the safety and security arrangements for women employees. The campaign is likely to be launched on January 16.The decision to initiate the campaign came days after a 22-year-old MBA student was allegedly gang-raped by 10 men in Noida. Girija Vyas, chairperson of the NCW said, Though the year 2007-2008 was a year of women achievers, it was also the year of crime against women. Horrific cases of rapes and molestation came to light in the year. The NCW received shocking complaints from across the country such as the rape of a 72-year-old woman and another rape case of a four-year-old girl. The recent Noida gang-rape incident was equally appalling. There is an urgent need to address the issue of crime against women and the Jaago campaign intends to do that. As part of the campaign, the NCW is tying up with several schools, NGOs and other groups to spread awareness about violence against women. The campaign would also address other issues such as checking harassment of women at workplace, molestation, women safety besides sensitising cops about dealing with women victims and accused. Vyas also agreed that there was a need to educate people in rural areas where theres an immense need to sensitise the people about womens rights and checking violence against women. The NCW chief quoted statistics based on complaints filed with the NCW and records available with the National Crime Records Bureau to establish how crimes against women had been on the rise in the country and specifically in UP. ARTICLE : 3 RECOVERY FUNDS AVAILABLE TO HELP CURB VIOLENCE AGAINST WOMEN, IMPROVE VICTIM SERVICES HARRISBURG, Pa., Sept. 9 The Pennsylvania Commission on Crime and Delinquency issued the following news release: Approximately $4 million in federal American Recovery and Reinvestment Act funding is available to support and strengthen services to women who are victims of violent crime, the Pennsylvania Commission on Crime and Delinquency said today. The STOP Violence Against Women, or STOP/VAWA, Formula Grant Program also works to improve the criminal and juvenile justice systems response to violence against women. Interested applicants, including domestic violence and sexual assault programs, state organizations and counties, may apply through PCCDs Egrants system by October 6. Bill to curb crime against women soon EXPRESS NEWS SERVICE MUMBAI, JULY 18: The state government will soon bring in a legislation to curb crime against women, Deputy Chief Minister Chhagan Bhujbal announced in the Legislative Assembly today.Replying to supplementaries over a calling attention notice moved by Sudhir Munguntiwar (BJP) and others on burning of a bank employee Vidya Prabhudesai near Mumbai Central last month, Bhujbal also announced that a committee of women legislators would be formed to suggest measures for prevention and control of crime against women. A committee headed by Additional Chief Secreatry (Home) M R Patil had prepared drafts of two legislations Maharashtra Women Security Act and Maharashtra Prevention of Harassment of Girls Act. However, it was later decided to formulate a single comprehensive bill instead of two different bills on the same issue, Bhujbal told the House.Accordingly, the committee has been asked to prepare the draft within two months, he said. Munguntiwar asked if the government would form a committee of the woman MLAs for the purpose. Bhujbal said the government had appointed the Commissioner for Women and Child Welfare and a representative of the Tata Institute of Social Sciences, who were well aware of the problems of women, as members on the committee. Further, the draft of the proposed legislation would be referred to the woman legislators for studying it and the amendments suggested by them would be incorporated. Irked over the reply, Vishakha Raut (Sena) protested against the Deputy Chief Ministers attitude towards women legislators and demanded immediate formation of the committee of women legislators. She was followed by other women members of Sena-BJP, who shouted slogans against the government. Finally, Bhujbal said that the government would fulfil the demand of the women legislators. On an another occasion, members of opposition Sena-BJP rushed to the well protesting against the ruling of the Deputy Speaker Pramod Shende on withdrawing a calling attention notice from the days agenda. The notice was moved by Opposition members on arrest of a person allegedly linked to `Lashkar-e-Toyba, a terrorist organisation, in Nanded. Gopinath Munde (BJP) sought to know why the government failed to gather information on the issue on time. Minister of state for home Manikrao Thakre said the notice was also related to arrest of terrorists in Andhra Pradesh and Madhya Pradesh. Since the information from the two neighbouring states was not received, the government requested the presiding officer to take up the notice for discussion on Wednesday. RESEARCH METHODELOGY PRIMEARY DATA SAMPLING I had visited Delhi (west) and interviewed about 30 women (working + college going girls student) from where I came to know about different aspect of crime which are prominent there like rape ,sexual harassment, importation of girls and many more . They also suggested different way to stop this or to minimise it. After this I visited 30 more women in same area ask them to fill questioner. SECONDARY DATA Reported Incidents of crime (Incidence†¦1,54,333) A total of 1,54,333 incidents of crime against women were reported in the country during 2008 as compared to 1,40,601 during 2007 recording 9.8% increase during 2008. These crimes had reported an increase of 1.7% in 2001 over 2000 (from 1,41,373 cases in 2000 to 143,795 cases in 2001) and declined during 2002 and 2003 with 1,43,034 and 1,40,601 cases followed again by an increase during 2004. Andhra Pradesh, accounting for nearly 7.3 per cent of the countrys population, has accounted for 12.3% of total incidents of crime against women in the country by reporting 18,921 cases. Uttar Pradesh, with nearly 16.4% share of countrys population has accounted for 10.0% of total crime against women by reporting 15,485 cases during the year. Crime Rate (Crime rate†¦ 14.2) The rate of crime has increased by 7.6 per cent from 13.2 during the year 2007 to 14.2 during 2008. Delhi, Andhra Pradesh and Madhya Pradesh were top three States in the order of crime rate at 24.1, 24.0 and 23.5 respectively. Crime head-wise analysis (IPC) Rape (Incidence†¦18,233 Rate†¦1.7) Rape cases have reported mixed trends over last 5 years with a decrease of 2.5 per cent in 2004 over 2003, an increase of 1.8 per cent in 2005 over 2004, a decrease of 3.2 per cent in the year 2007 over 2006 and substantial increase of 15.0 per cent in the current year. Madhya Pradesh has reported the highest number of Rape cases (2,875) accounting for 15.8% of total such cases reported in the country. However, Tripura has reported the highest crime rate 4.8 as compared to National average of 1.7. Incest Rape (Incidence†¦505) As compared to 15.0 percent increase in overall Rape cases, Incest cases have increased by 26.5 per cent from 399 cases in 2003 to 505 cases in 2008. Chhattisgarh (78) has accounted for the highest 15.4 per cent of the total such cases reported in the country Rape Victims Out of 18,233 reported Rape cases in the country, there were 18,239 victims of Rape. Of the total victims of Rape, 8.9% (1,622) were girls under the 15 years of age, while 11.0% (2,008) were teenaged girls (15-18 years). Nearly two-third (11,343) (62.2%) were Women in the age-group 19-30 years. 3,189 victims (17.5%) were in the age-group of 31-50 years while only 0.4 per cent (81) were over 50 years of age. Offenders were known to the victims in as many as 15,619 (85.6%) cases. Of these, parents/close family members were involved in 3.2% (505 out of 15,619) cases, neighbours were involved in 34.3% cases (5,358 out of 15,619) and relatives were involved in 6.6% (1033 out of 15,619) cases. The State/UT/City-wise details are presented in Kidnapping Abduction (Incidence†¦15,578 Rate†¦1.4) These cases have reported an increase of 17.2 per cent as compared to previous year (13,296). Uttar Pradesh (2,324) has accounted for 14.9 per cent of the total cases at the National level. Delhi has reported the highest rate at 5.8 as compared to the National average of 1.4. Dowry Deaths (Incidence†¦7,026 Rate†¦0.6) These cases have increased by 13.2% over the previous year (6,208). Out of the total such cases reported in the country around 24.3% cases were reported from Uttar Pradesh (1,708) alone followed by Bihar (1,029) (14.6%). The highest rate of crime (1.2) was, however, reported from Bihar and Madhya Pradesh as compared to the National average of 0.6 only. Torture (Cruelty by Husband Relatives) (Incidence†¦58,121 Rate†¦5.4) ‘Torture cases in the country have increased by 14.6 per cent over the previous year (50,703). 14.4 per cent of these were reported from Andhra Pradesh (8,388). The highest rate at 11.2 was reported from Rajasthan as compared to the National rate at 5.4. Molestation (Incidence†¦34,567 Rate†¦3.2) Incidents of Molestation in the country have increased by 4.9 per cent over the previous year (32,939). 19.4% of total such cases were reported from Madhya Pradesh (6,690) which also reported the highest rate (10.3) as compared to the National average of 3.2. Sexual Harassment (Eve –Teasing) (Incidence†¦10,001 Rate†¦0.9) The number of such cases has significantly declined by 18.9 per cent over the previous year (12,325). Uttar Pradesh has reported 26.8 per cent of cases (2,682) followed by Andhra Pradesh 23.1 per cent (2,310). Haryana has reported the highest crime rate 3.8 as compared to the National average of 0.9. Importation of Girls (Incidence†¦89) An increase of 93.5% in such cases was reported as 89 cases were reported during the year as compared to 46 cases in the previous year. Jharkhand (36) and Bihar (35) have reported highest number of such cases accounting for 40.4% and 39.3% respectively of total such cases at the National level. Crime-head wise analysis (Special Laws) Sati Prevention Act (Incidence†¦0) The practice of Sati is on the wane in modern times. Still sporadically, cases under this Act get reported. However, no such case from any of the State/UT was reported in the country during the year 2008. Dowry Prohibition Act (Incidence†¦3,592 Rate†¦0.3) The cases under this Act have increased by 33.8 per cent as compared to the previous year (2,684). More than one third (34.0%) cases were reported from Bihar (1,220) followed by Orissa (532) which also reported the highest crime at 1.4 as compared to 0.3 at the National level. Crime against Women in Cities (All-India†¦1,54,333 Cities†¦20,492) As per population census 2001, 35 cities having population over 10 lakh were identified as Mega cities. A total of 20,492 cases of crimes against women were reported from these 35 cities as compared to 19,573 cases in the year 2003 reporting an increase of 4.7 per cent. The rate of crime in cities at 19.0 was comparatively higher as compared to the National rate of 14.2 Among 35 cities, Delhi (3,334) has accounted for 16.3 per cent of total crimes followed by Hyderabad (1,978) (9.7%). The crime rate was significantly higher in Vijayawada (109.5) city as compared to all-cities rate of 19.0 only. Delhi city has accounted for 30.3% of Rape cases, 33.3% of Kidnapping Abduction cases, 19.8% of Dowry Deaths and 18.3% of Molestation cases, 14.8% of Cruelty By Husband Relatives among 35 cities. Faridabad of Haryana has reported 17.8% of Eve-Teasing cases (434 out of 2,434 cases). It is worthwhile mentioning that Bangalore, Chennai, Coimbatore, Hyderabad and Mumbai were more vigilant in curbing these crimes as more cases under Special Laws Local Acts were booked in these cities. 32.3 per cent (422 out of 1,907) of cases under Immoral Traffic (P) Act and 79.4 per cent (247 out of 311) of Dowry Prohibition Act cases were booked in Bangalore city alone. 20.5 per cent (392 out of 1907) cases in Chennai, 13.4 per cent (255 out of 1907) cases in Coimbatore and 12.1 per cent (231 out of 1907) cases in Mumbai were booked under Immoral Traffic (P) Act. Similarly, 80.3 per cent (297 out of 370) cases under Indecent Representation of Women (P) Act were booked under Hyderabad City only. The increase in cases booked under SLL represent preventive policing of State/UT police. Keeping this in view, an attempt has also been made to analyse the Crime Against Women by excluding SLL crimes i.e. Sati STEP TAKEN BY GOVERNMENT Transitional Housing Assistance Program Grants For Victimized Women -Victims of domestic violence, sexual assault, dating violence and stalking i.e. women now can get adequate relief through the Governments Office on Violence Against Women (OVM) having twofold motive: to curtail violence against women and execute justice for and invigorate services to these victimized women. OVM accomplishes this intention through developing and assisting the capacity and capability of tribal, local, state and non-profit organizations concerned in addressing violence Grants And Sub Grants Provided To Stop Violence Against Women -The STOP Violence against Women Formula Grant Program was constituted with an aim to encourage integrated and multidisciplinary approach to improve response of the criminal justice system with respect to violent crimes against women. Under this program, efficacious law enforcement and prosecution strategies are encouraged to develop and strengthen their policies and procedures to curb violent crimes against women. Grant Programs To Stop Violence Against Women -United States government statistics revealed the most grueling picture: one in every four women becoming target of domestic violence and approximately 1.3 million women have been physically assaulted by her intimate partner. But women in rural areas facing sexual assault, domestic or other kinds of violence are more vulnerable than their counterparts in cities. Opportunities For Indian Tribal Government To Avail Grants -Grants for the Indian Tribal Government Program are formulated to empower tribes to respond to violent crimes against Indian women, ensure safety of the victims and develop their education and preventive strategies. The Indian tribal governments or their authorized designees are provided with the grants enabling them to initiate actions and programs on awareness about increasing level of domestic violence and sexual assault against American women and Alaska native women. Financial Aids To Reduce Violence Against Women -The STOP Violence Against Women Formula Grant Program was constituted with an aim to encourage integrated and multidisciplinary approach to improve response of the criminal justice system with respect to violent crimes against women. Under this program, efficacious law enforcement and prosecution strategies are encouraged to develop and strengthen their policies and procedures to curb violent crimes against women Grants To Help Victimized Rural Women United States government statistics revealed the most grueling picture: one in every four women becoming target of domestic violence and approximately 1.3 million women have been physically assaulted by her intimate partner. But women in rural areas facing sexual assault, domestic or other kinds of violence are more vulnerable than their counterparts in cities. Rural women have to face many hurdles while receiving assistance; even service providers have to face barriers in the different form. Us Government Grants To Indian Tribal Governments Program -Grants for the Indian Tribal Government Program are formulated to empower tribes to respond to violent crimes against Indian women, ensure safety of the victims and develop their education and preventive strategies. The Indian tribal governments or their authorized designees are provided with the grants enabling them to initiate actions and programs on awareness about increasing level of domestic violence and sexual assault against American women and Alaska native women. DATA ANALYSIS By studying the primary and secondary data the situation of crime against women is analysed as given below: Crime Head-wise Incidents of Crime Against Women during 2004-2008 and Percentage variation in 2007 over 2008 TABLE-1 Crime head Rape Kidnapping Abduction Dowry Death Torture Molestation Sexual Harassment Importation of Girls Sati Prevention Act Immoral Traffic (P) Act Indecent Rep. of Women (P) Act Dowry Prohibition Act 2004 16496 15023 6995 45778 32940 11024 64 0 9515 662 2876 2005 16075 14645 6851 49170 34124 9746 114 0 8796 1052 3222 2006 16373 14506 6822 49237 33943 10155 76 0 6598 2508 2816 2007 15847 13296 6208 50703 32939 12325 46 0 5510 1043 2684 2008 18233 15578 7026 58121 34567 10001 89 0 5748 1378 3592 %variation 15.0 17.1 13.2 14.6 4.9 -18.8 93.5 4.3 32.1 33.8 Total 141373 143795 143034 140601 154333 9.8 TABLE-2 Proportion of Crime Against Women (IPC) towards total IPC crimes Sl.No Year Total IPC Crimes Crime Against women (IPC cases) Percentage to total IPC crimes 1 2 3 4 5 2003 2004 2005 2006-2007 2007-2008 17,71,084 17,69,308 17,80,330 17,16,120 18,32,015 1,28,320 1,30,725 1,31,112 1,31,364 1,43,615 7.2 7.4 7.4 7.6 7.8 SUGESSIONS Measures needed to curb Crime against Women The Government of India have to deeply concerned with these trends and ground situation and have to re-emphasized that urgent action should be taken on the following:- 1.Vigorously enforce the existing legislation relating to Crime against Women and Children, i.e.,DowryProhibition Act, 1961, Child Marriage Restraint Act, 1929, Immoral Traffic (Prevention) Act, 1956, Indecent Representation of Women (Prohibition) Act, 1986, Commission of Sati (Prevention) Act, 1987 and Violence against Women (Prevention) Act, 2005, Section 67 of the IT Act, 2000, the display of lascivious photographs/films on computer through internet,etc. 2. The administration and police should play a more proactive role in detection and investigation of crime against women and ensuring that there is no under reporting. 3. Increasing the overall representation of women in police forces.The representation of women in police at all levels should be increased through affirmative action so that they constitute about 33% of the police. 4. Sensitizing the law enforcement machinery towards crime against women by way of well structured training programmes, meetings and seminars etc., for police personnel at all levels as well as other functionaries of the criminal justice system. 5. For improving general awareness on legislations, mechanisms in place for safety and protection of women, the concerned department of the State Government must, inter-alia, take following steps: Create awareness through print and electronic media; Develop a community monitoring system to check cases of violence, abuse and exploitation and take necessary steps to curb the same; Involving the Community at large in creating and spreading such awareness; and Organize legal literacy and legal awareness camps. Explore the possibility of associating NGOs working in the area of combating crime against women. Citizens groups and NGOs should be encouraged to increase awareness about gender issues in society and help bring to light violence against women and also assist the police in the investigation of crime against women.Close coordination between the police and the NGOs dealing with the interests of women may be ensured. There should be no delay whatsoever in registration of FIR in all cases of crime against women. 8.All out efforts should be made to apprehend all the accused named in the FIRimmediately so as to generate confidence in the victims and their family member Cases should be thoroughly investigated and charge sheets against the accused persons should be filed within three months from the date of occurrence, without compromising on the quality of investigation.Speedy investigation should be conducted in heinous crimes like rape. The medical examination of rape victims should be conducted without delay. Ensure proper supervisions at appropriate level of cases of crime against women from the recording of FIR to the disposal of the case by the competent court. Help-line numbers of the crime against women cells should be exhibited prominently in hospitals/schools/colleges premises, and in other suitable places. 12. Set up exclusive ‘Crime Against Women and Children desk in each police station and the Special Women police cells in the police stations and all women policethanaas needed. The specialized Sexual Assault Treatment Units could be developed in government hospitals having a large maternity section. The Health department of the StateGovts., should set up ‘Rape CrisisCentres'(RCCs) and specialized ‘Sexual Assault Treatment Units (SATUs), at