Wednesday, July 31, 2019
Critical Thinking and Ethics Essay
In a discussion of ethics, critical thinking may not be the first term that comes to mind, unless opposing. However in some ways, critical thinking can the foundation, from which an ethical decision is made. This paper will explain the relationship between critical thinking and ethics, how the principles and rules of critical thinking are applicable to ethical reasoning, and if ethical decisions would be necessary if everyone followed the rules of logic. Is Critical Thinking Applicable to Ethical Reasoning? Ethical reasoning is based on the principles of what is considered right and wrong. Critical thinking on the other hand, warrants more of a thought process, causing one to analyze the situation from all aspects before reaching a conclusion. ââ¬Å"By taking the path of a critical thinker, a person develops a mental process of evaluation which helps to determine their ethical standardsâ⬠(Mnmelillo, 2010, Professional Growth, para. 1). Logic versus Ethical Reasoning The purpose of logic is to find that which is true. Logical thinking processes are often times used in ethics to answer important moral questions. However logic does not guarantee a morally correct outcome. For example, the legalization of marijuana is constantly under debate. Using the rules of logic, one would be able to see both the pros and cons of this argument. Although drug use is considered unethical by US government standards, even for medicinal use, the state of California, has legalized medicinal marijuana. In this particular case or should I say state, the rules of logic did not produce a morally correct result. Conclusion Ethical reasoning and critical thinking are derived from differentà processes, although there are circumstances in which one is necessary to reach a decision regarding the other. As with critical thinking, there are no hard rules determining the use of ethics, considering what may be unethical in some cultures, for example, may prove to be ethical in another. Ultimately the use of ethics versus critical thinking or logic is determined by the situation at hand. Reference: Mnmelillo, N. (2010). What is the relationship between critical thinking and ethics? Triad Search Marketing: Professional Growth. Retrieved from http://www.triadsearchmarketing.com/what-is-the-relationship-between-critical-thinking-and-ethics/
Tuesday, July 30, 2019
Nationalism Essay â⬠Nationalism Forms & Theories ââ¬
Define Nationalism ââ¬â Nationalism Forms and Theories ââ¬â our site1. IntroductionWhat is Nationalism and how do you define NationalismThis essay will discuss definitions and forms of nationalism in an attempt to define nationalism phenomenon. The first section will focus on presenting contemporary and historical definitions. Secondly, a brief account of the emergence of nationalism and debates over its origins will be presented. The subsequent section will detail practical and theoretical forms of nationalism and argue for the fact that distinct definitions derive from different theories and forms of nationalism. Define Nationalism To provide a deeper analysis, forms of nationalism and their definitions will be connected with theories of nationalism. Based on these sections, this essay will argue that due to various ramifications of the concept of nationalism, this notion exists in various forms accompanied by a variety of definitions, each serving similar and distinct purposes. Finally, concluding remarks will be drawn based on the evidence presented throughout this essay.2. Define NationalismTo initiate an analysis of definitions and forms of nationalism, this essay will focus on four main definitions (Smith, 2016; Anderson, 2006, Gellner, 1969 and Khon, 1965). When referring to ââ¬Å"nationâ⬠and ââ¬Å"nationalityâ⬠Smith (2013: 7) defines nationalism based on three generic goals which have emerged from the academic study of this ideology, namely national unity, national autonomy and national identity. In this framework, nationalism is defined as ââ¬Ëan ideological movement for attaining and maintaining autonomy of unity and identity for a population which some of its members deem to constitute an actual or potential ââ¬Å"nationâ⬠.ââ¬â¢ However, for Anderson (2006: 211), nations are merely ââ¬Å"imagined communitiesâ⬠as members of these communities will rarely know each other, and thus they will draw upon the concept of nationality from their own imagined population to which they belong to. This idea emerged from earlier concepts elaborated by Gellner (1969) who argued that nationalism is nothing more than the process of imagining nations. A similar definition that focuses on the idea that nationalism is internally felt by the individual was developed by Khon (1965: 9) arguing that: ââ¬Å"Nationalism is a state of mind, in which the supreme loyalty of the individual is felt to be due to the nation-stateâ⬠. Similar to Smith (2013), Coakley (2012) argues that many of the current definitions on nationalism overlap with each other and also with definitions of other notions, such as the concept of state. The state has been defined as a compulsory political organisation operating on a continuous basis (Weber, 1968) while a nation has been defied as a human population sharing a common territory and culture (Smith, 1991). Each of these terms can be encountered in definitions of nationalism which, according to Coakley (2012)see this concept as a form of political mobilisation or an ideology that justifies this mobilisation and diminishes the barriers between nation and state. As it can be observed from the above, in some areas these explanations converge while in other areas these notions seem to be divergent. Smith (2013) looks at nationalism as being a concept that describes self-governing capacity while Andersen (2006) and Gellner (1969) see this notion as the process of imagining communities. Similar to Smith (2013), Khon (1965) sees nationalism as connected with the notion of state. It can therefore be argued that nationalism is understood differently by these theoreticians. Finally, it can be observed that notions of self-determination and nationalism seen as an imagined form of identity expression have been maintained from the 19th century (Khon, 1965; Gellner, 1969) to the 21st (Smith, 2013). Thus, the following sections will attempt to uncover the reasons behind these differences.Define Nationalism ââ¬â To modify or extend this essay or to get pricing on a custom essay Contact Us Today3. Nationalism Forms and TheoriesTo better understand why a unified definition of nationalism is not established, it is important to look at the epicentre from which nationalism arises. Consequently, a historical analysis of the concept and its subsequent forms, corroborated by theories of nationalism, will be attempted in order to understand this notion. The following section will thus discuss these themes.3.1. The Emergence of NationalismAlthough the word nationalism o nly emerged in political language after 1840, its importance grew significantly in the 19th century with revolutions across Europe (Hirschi, 2011). In this period, the most significant event involving nationalism occurred in 1914, when a fear of Slav nationalism led to the assassination of the Archduke Franz Ferdinand which resulted in the First World War (Breuilly, 2013). After the war, the Versailles Treaty made reference to notions of ââ¬Å"nation statesâ⬠, which became the primary concept used by US President Woodrow Wilson when instituting the doctrine of national self-determination (Breuilly, 2013). This action subsequently gave rise to substantial claims of nationalism around the world (Hirschi, 2011). Dahbour (2003) contradicts this, arguing that national self-determination was a response to the colonisation of states which eventually demanded national liberation. Furthermore, self-determination not only gives rise to nationalism but also to ethical and legal citizenship and with it, the ability of a nation to self-govern. As a result, Dahbour (2003) argues that nationalism is a specific claim made for self-determination. Both ideas elaborated by Dahbour (2003) and Breuilly, (2013) are noticeable in the definitions provided by Smith (2013) and Khon (1965). It can therefore be argued that the notion of self-governance and self-determination are connected with the emergence of nationalism and subsequently to its definition. Another opposing view comes from Andersen (2006) who emphasises language, specifically the shared language of a nation. According to this author, nationalism could not have spread and matured without people being able to read about this notion and debate this notion in writing (Andersen 2006). As a result, a cultural element ââ¬â language- aided in the spread and maturation of nationalism (Andersen, 2006). Nevertheless, this argument does not concern itself with the emergence of nationalism but rather examines its consolidation. However, it emphasises the importance of culture in the definition of nationalism which spirals from a collective mind. This can thus support ideas of Andersen (2006) and Gellner (1969) of imagined communities as shared language is an acquired cognitive function and thus it is a part of the collective mind.Define Nationalism ââ¬â To modify or extend this essay or to get full references Contact Us Today3.2. Forms of NationalismNationalism can be mani fested as a state ideology or as a non-state popular movement. These manifestations give rise to five forms of nationalism (ethnic, religious, civic, cultural or ideological) which are used to classify sub-types of nationalism (Chatturvedi, 2005). There are over 10 sub-types of nationalism (Snyder, 2009), some of which seek unity and self-governance for people of certain ethic groups while others seek expansion and economic growth for nations against the global community (Chatturvedi, 2005). Other forms of nationalism have been criticised for hiding racism (i.e. al-right nationalism favouring white supremacy) (Snyder, 2009) while other forms of nationalism seek to bring social unity and equality regardless of ethnicity (i.e. left-wing nationalism) (Maxwell and Maxwell, 2014).Ethnic NationalismFor ethnic nationalism and derivate sub-types, nationalism functions on the principle that a nation can only be defined by its ethnic connection which encompasses shared language, culture, heri tage and ancestry. Because of this characteristic, Roshwald (2001) describes this form of nationalism as intolerant and descriptive of authoritarian regimes. Studies (Gil-White, 2006; Sulaiman, 2016) looking into this concept have concluded that similar to nationalism in general, ethnic nationalism is composed of a series of terms that have distinctive definitions, including ethnicity, nation and state. When looking at manifestations of ethic nationalism in the world, research (Sulaiman, 2016) seems to describe similar lines with theory (Roshwald, 2001). This demonstrates thatethnic nationalism leads to conflict, especially in ethnic diverse locations (i.e. Niger Delta) (Sulaiman, 2016).Religious NationalismReligious nationalism denotes a form of nationalism which relies upon a central religion or dogma that has implications in politics and state affairs (Omer and Springs, 2013). This notion contrasts strongly with modern forms of nationalism and has been described as an irration al form of nationalism (Omer and Springs, 2013: 80). Several real world examples include non-secular states, such as Iran, Saudi Arabia or Afghanistan, where the religious law (Sharia Law or the Islamic Law) is the ultimate law of the state (Kavalski, 2016). As ethnic nationalism, religious nationalism shows little to no tolerance for other religious beliefs (Kavalski, 2016), however it does not focus on ethnic unity, but rather on religious unity by repelling any opposing views.Civic NationalismAt the other end of the spectrum, civic nationalism (also referred to as progressive nationalism) advocates for social unity, individual rights and freedoms. This form of nationalism is centred on the idea of a non-xenophobic society, which shows tolerance for all its individuals and strives to provide equality and social justice (Hall, 1998). A practical example of this can be found in Singapore, where the governmentââ¬â¢s strategy for development derived directly form civic nationalism and globalisation (Brown, 2000). Empirical evidence (Kwan, 2016; Modongal, 2016) shows that while civic nationalism is the driving force of globalisation, it also leads to a dilution of intrinsic values in highly traditional societies (i.e. China). However, civic nationalism, as nationalism, has different forms of interpretation. Focusing on a definition provided by Habermas (1996), Shen (2007: 17) argues that civic nationalism is ââ¬Å"a voluntary selection of allegiance based on valuesâ⬠. If contrasting the two definitions, it can be observed that civic nationalism is defined from a societal-national perspective (Hall, 1998) but also from a global, international perspective (Shen, 2007). Here, nations would accept cooperation with other nations to whom they share similar values. In practice, this rarely occurs (i.e. China and US economic trade), and countries with distinctive cultures will end up in cooperation for economic development; hence the potential for culture dilution (Modongal, 2016). Thus, civic nationalism and ethnic nationalism have a converging point, namely the element of shared culture. The cultural form of nationalism thus defines a middle ground between civic nationalism and ethnic nationalism (Fedorenko, 2012; Song, 2009). Hutchinson (1987) argues with historical examples from Arab, Jewish and Hindu nations that cultural nationalism plays a significant part in the building of nations, as it is a shared belief, value and tradition alongside with ethnic heritage which can lead to the consolidation of states.Ideological NationalismFinally, ideological nationalism is a form of political nationalism which argues for the capacity of nations to self-govern (Smith, 2013). This notion can also be seen Dahbourââ¬â¢s (2003) idea of self-determination as well as in the definition of nationalism provided by Smith (2013). Looking at the history of nationalism two main conclusions can be drawn. The first refers to the fact that nationalism is highly connected with t he concept of national identity and claims made for self-governance. Thus it may be argued that early forms of nationalism were ideological in nature and focused on notions of territory, population and self-government. This seems to justify Coakleyââ¬â¢s (2012) ideas, according to which definitions of nationalism overlap definitions of state, nations and ethnicity. Secondly, because nationalism comes in various forms and subsequent types, a unified definition of nationalism is most likely unachievable. As a result, different forms of nationalism will automatically lead to the conclusion that each form defines a different concept, which although similar in some respects, will also be very distinctive in others. Because the progression of nationalism gave rise to different definitions and forms of nationalism, to better understand their nature, theories on nationalism need to be approached in a structured way (REFERENCE). The next section will therefore look at different theories of nationalism and attempt to set different forms and definitions of nationalism within these theoretical boundaries.3.3. Four Theories of NationalismAccording to Llobera (1999) four main theories dominate the notion of nationalism. These are primordial and socio-biological theories, instrumentalist theories, modernisation theories and evolutionary theories. Primordialists such as Herder and Fichte and more recently Smith and Connor, see nationalism as something which was always present in people but had been reawakened under political self-consciousness (Brown, 2003). Geertz (1973) argues for the concept of given identity, as an individual who is born within a group will receive its identity. Consequently, ethnic boundaries are established which are represented by the individualââ¬â¢s shared experience with family members and the group (Tishkov, 1997). Socio-biologists claims derived from this theory argue that heritage and implicitly ethnicity is passed on genetically (Llobera, 1999). These theories frame the notions of ethnic nationalism and cultural nationalism. Ozkirimli (2017) argues that these two forms of nationalism have their roots in primordial theory. Hutchinson and Smith (1994) have analysed primordialism in depth and argue that human social interaction will take place based on three elements: kin selection, reciprocity and coercion. From this notion, the authors hypothesise that ethnic groups are in fact super-families. Therefore, members of these super-families will be biologically inclined towards cooperation and reciprocity with their own kin while also resorting to some forms of coercion (Hutchinson and Smith, 1994). Conclusively, it can be argued that notions of belonging and indirectly excluding others, encountered in definitions of nationalism derive from these theories. Instrumentalist theories diverge from primordial theories by arguing that ethnic groups can be seen as nations and their boundaries are not fixed, but in fact these can vary according to specific needs (i.e. economic development) (Llobera, 1999). A representative figure in this domain is Barth (1969) who supported this theory by arguing that ethnicity is not a reference to biological or cultural heritage but more a form of social organisation. In Barthââ¬â¢s (1969) assertion, boundaries serve a specific purpose, either biological, ecological, economic, political and/or historical. Transposed, this idea can be encountered in the notion of religious nationalism (Sandler, 2004) where Islamic cultures maintain boundaries for political interest but individuals become a part of their nation when converting to Islam. Modernisation theories strongly oppose primordialism by arguing that nationalism emerged as the result of modern processes, such as industrialisation, favourable political, cultural and socio-economic conditions (Llobera, 1999). Hence, theoreticians who support this claim such as Kohn, Kedourie and Gellne, see nationalism as a modern invention (Hall, 1998). According to Hall (1998) this idea can be seen in notions of civic nationalism and ideological nationalism. Although these three theories show substantial contrasts, the fourth theory of nationalism, namely the Evolutionary theory attempts to bring together the notion of modern and primordial (to some extent). As a result, evolutionary theories argue that indeed, nationalism is a product of modern times; however in Europe, this concept evolved from the ideas of Andersen (2006) and Gellner (1969) of imagined communities corroborated by a form of patriotic nationalism which was present since the medieval period (Llobera, 1999). However, as Smith (1981) observed, in order to pinpoint the emergence of nationalism, an analysis of the transference from medieval to modern needs to be conducted. In order to accomplish this, all societal elements must be considered, including economic, social, political and ideological (Smith, 1981). By assessing the aforementioned theories of nationalism, several elements can be noted. Firstly, the evolutionary theories focus on the emergence of nationalism in Europe, which thus implies that this theory cannot be applied for explaining how nationalism emerged elsewhere (i.e. Hutchinson (1987) on the emergence of nationalism in Hindu nations). However, evolutionary theories can be used to explain the formation of definitions that rely on state and nation. Secondly, primordial, instrumentalist and modern theories of nationalism can be used as frameworks to explain the differences between forms of nationalism and subsequently between definitions of this phenomenon. Another observation that can be made in this case is that nationalism cannot be understood as functioning from a pure ideological, ethnic, dogmatic or religious form.Define Nationalism ââ¬â To modify or extend this essay, let us know and we will write your essay Contact Us TodayAs it was discussed, its emergence and consolidation was favoured by specific politic, economic, social and cultural circumstances, while at the same time its development was favoured by the same notions (Smith, 1981). An exemplification of this can be seen in civic nationalism which serves the purpose of developing social inclusion and globalisation (Brown, 2000) while religious nation alism can be seen as a political instrument(Omer and Springs, 2013). Considering the multiple ramifications of this phenomenon, the existence of various forms and definitions of nationalism becomes explainable.4. ConclusionThis essay discussed various definitions and forms of nationalism and argued that a unified definition of nationalism is not likely achievable due to the existence of various forms of this notion. In the first section of this essay, by focusing on four definitions of nationalism issued by Smith (2013), Anderson (2006), Gellner (1969) and Khon (1965) it was observed that these theoreticians have different perceptions over the notion of nationalism. As a result, the emergence of nationalism and its forms was assessed in an attempt to explain these differences. By analysing the emergence of nationalism and its various forms it was noted that each form of nationalism derived its own definition. Furthermore, it was observed that definitions of nationalism are connected with its emergence. Hence the existence of various forms of nationalism cannot be used alone to explain its distinctive definition. To do so, understanding where and how this phenomenon emerged is also important. To provide a structured framework for the various forms and definitions of nationalism, theories of this concept were combined with the identified forms of nationalism and linked with the studied definitions of nationalism. Here, it was observed that definitions of the broad concepts of nationalism fit within the elaborated theories while forms of nationalism also fall within this framework. By assessing current notions of nationalism it can be concluded that the exact emergence of nationalism cannot be pin-pointed however primordial theories (Geertz, 1973) argue that this concept may have innate characteristics, thus it was always present in humans. Secondly, by observing the various forms of nationalism it can be concluded that this concept may have begun as a simple ideology from medieval times however it evolved to serve various purposes resulting in the variety of definitions and forms. Thus, a single definition of nationalism is unlikely to be developed (Hall, 1998).Define Nationalism ââ¬â To modify or extend this or get full references Contact Us TodayNeed help with Best AP Books Selection Take a look at http://www.StudyAPExam.com Summary Article Name Define Nationalism Essay ââ¬â our site ââ¬â 3000 Words Description From the definition of nationalism to emergence of nationalism, practical & theoretical forms & conclusion, everything is covered in this 3500 word Nationalism Essay. 1000s of happy students! Author Silvia ââ¬â our site Publisher Name our site Publisher Logo
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Committee on Reforms of Criminal Justice System Government of India, Ministry of Home Affairs Report VOLUME I INDIA March 2003 Committee on Reforms of Criminal Justice System Government of India, Ministry of Home Affairs CHAIRMAN Dr. Justice V. S. Malimath Formerly, Chief Justice of Karnataka and Kerala High Courts Chairman, Central Administrative Tribunal Member, National Human Rights Commission Bangalore 560 052 MEMBERS S. Varadachary, IAS, (Retd. ) Bangalore 560 076 Amitabh Gupta, IPS, (Retd. ) Formerly, Director General of Police, RAjasthan Jaipur 302 015 Prof. (Dr. ) N. R. Madhava Menon Vice-ChancellorWest Bengal National University Of Juridical Sciences Kolkatta 700 098 D. V. Subba Rao Advocate Chairman, Bar Council of India Vishakhapatnam MEMBER ââ¬âSECRETARY Durgadas Gupta Joint Secretary Ministry of Home Affairs, Government of India New Delhi 110 011 STAFF OF THE COMMITTEE Sri C. M. Basavarya Formerly, District & Sessions Judge, Registrar & Director of Training, High Cou rt of Karnataka. Bangalore 560 094. Executive Director Sri K. Girither Inspector Central Reserve Police Force Personal Assistant Smt Binnu Menon Sub Inspector Central Reserve Police Force Stenographer Sri S. M. Reddy Asst. Sub-InspectorCentral Reserve Police Force Clerk Sri V. Raja Constable Central Reserve Police Force Office Attender Sri M. K. Uthaiah Constable Central Reserve Police Force Office Attender Committee on Reforms of Criminal Justice System (Government of India, Ministry of Home Affairs) 12/A Diagonal Road Vasanthanagar Bangalore 560 052 ââ¬Å"Everything has been said already, but as no one listens, we must always begin again. â⬠Andre Gide French thinker and writer CONTENTS PART ââ¬â I FUNDAMENTAL PRINCIPLES 1. 2. 3. 4. 5. 6. Need for Reform of the Criminal Justice System Adversarial System Right to Silence Rights of the AccusedPresumption of Innocence and Burden of Proof Justice to Victims 3 23 39 59 65 75 PART ââ¬â II INVESTIGATION 7. Investigation 8. 87 Prosecution PROSECUTION 125 PART ââ¬â III JUDICIARY 9. 10. 11. 12. 13. Courts and Judges Trial Procedure Witness and Perjury Vacation for Court Arrears Eradication Scheme 133 145 151 157 163 PART ââ¬â IV CRIME & PUNISHMENT 14. 15. 16. 17. 18. 19. 20. Offences, Sentences, Sentencing & Compounding Reclassification of Offences Offences against Women Organised Crime Federal Law and Crimes Terrorism Economic Crimes 169 181 189 195 207 213 233 PART ââ¬âV LOOKING AHEAD 21. 22. 23. Emerging Role of the Legal ProfessionTraining ââ¬â A Strategy for Reform Vision for Better Criminal Justice System 249 253 259 PART ââ¬âVI RECOMMENDATIONS 24. Recommendations 265 ACKNOWLEDGEMENT The nation is grateful to Sri. L. K. Advani, Deputy Prime Minister and Home Minister, for his vision for comprehensive reforms of the entire Criminal Justice System including the fundamental principles and the relevant laws. Hitherto, efforts were made to reform only certain set of laws, or one part icular functionary of the system in piecemeal. This type of compartmental examination missed the vital focus on justice to victims and national concern for peace and security.The commitment made by him and his distinguished colleague Sri. Arun Jaitley, Minister for Law and Justice, to implement the reforms, once the Committee makes its recommendations, is a fitting answer to the cynics that the Report on Reforms of Criminal Justice System will be one more addition to the several earlier reports that are gathering dust in the Archives of the Government. The Committee is beholden to the then Chief Justice of India, Dr. A. S. Anand, for calling upon all the High Courts to provide all information and assistance the Committee needs.Our grateful thanks to former Chief Justice Sri. B. N. Kirpal for ensuring that all the High Courts send the reports sought by the Committee on the State of Health of Criminal Justice in their respective States. The Committee is grateful to Sri Justice V. N. K hare, the Chief Justice of India for avincing keen interest in the Committeeââ¬â¢ work. s Justice P. V. Reddy, Judge Supreme Court, the then Chief Justice of Karnataka High Court, placed at the disposal of the Committee, the building for housing the Committeeââ¬â¢ office in Bangalore. The Committee is grateful to him. sThe Committee is grateful to all the State Governments, High Courts, Officers of the Police Departments, Prosecution Department, Law Departments and Home Department. Our sincere thanks to the Bar Association of India, New Delhi, the Indira Gandhi Institute of Development Research at Mumbai and Asian College of Journalism, The Hindu in Chennai for collaborating with our Committee in organising seminars on different topics and to the National Law Universities at Bangalore and Kolkatta for rendering whatever assistance the Committee needed from time to time. Our thanks to Sri. Shivcharan Mathur, former Chief Minister Rajasthan, Sri.Justice N. L. Tibrewal, former Ch ief Justice of Rajasthan, Justice Dave, Sri. Rajendrashekhar, former Director CBI and DGP Rajasthan, Sri. K. P. S. Gill, former DGP Punjab and Assam, Sri. Rajath Sharma, Media personality and Prof. P. D. Sharma for assisting the Committee in organising the seminar at Jaipur. Our sincere thanks to Chief Ministers, Ministers, Judgesââ¬â present and former, distinguished lawyers, Police Officers, media personalities, politicians, social scientists, institutions and organisations and NGOs who have assisted the Committee in organising or participating in seminars, group discussions or meetings.A word of special gratitude to the respected Dr. R. Venkataraman, former President of India, Sri. Bhairon Singh Shekhawat, Vice-President of India, Former Chief Justices Ranganath Misra, Ahmadi and Kania, Justice Jagannatha Rao, Chairman, Law Commission of India, Justice Jayachandra Reddy, Chairman Press Council of India, Justice K. T. Thomas, Sri. Soli Sorabjee, Attorney General for India, Sri . Fali Nariman, President, Bar Association of India, Senior Counsel Dr. L. M.Singhvi, Sri. Venugopal, Sri. Shanti Bhushan, Sri. Dipankumar Gupta, Sri. V. R. Reddi, Sri. K. N. Bhat, Sri. C. S. Vaidyanathan, Sri Lalit Bhasin, Lord Goldsmith, Attorney General of England, Sri Badri Bahadur Karki, Attorney General of Nepal and experts from USA, Judge Kevin Burke, Mr. Robert Litt, Mr. Ranganath Manthripragada, Ms. Dianne Post from the USA and Mme Maryvonne Callebotte, Mr. Jean Luis Nadal, Mr. Roussin, Mme. Claude Nocquet and Mr. Lothion from France.The Committee appreciates the helpful gesture of the Governments of USA, France and UK in inviting the Committee to visit their States to acquaint the Committee with the functioning of their respective Criminal Justice Systems and the reforms they are undertaking. The Committee could not go to USA ad UK for want of time. The Chairman and Sri. D. V. Subba Rao could visit France. Our grateful thanks to USAID for bringing in four experts to Delhi to brief the Committee about the American System. The Committee would like to record its deep sense of appreciation for the excellent dedicated service of Sri.C. M. Basavarya rendered as Executive Director of the Committee. The Committee is thankful to the Director General of CRPF for lending the staff consisting of Inspector K. Girither, Sub-Inspectors Binnu Menon and G. Yamini Rekha, Asst. Sub Inspector S. M. Reddy, Constables V. Raja and M. K. Uthaiah to work for the Committee. The Committee records its appreciation and conveys its thanks to each one of them for excellent service and help to the Committee to complete its task on schedule. PART ââ¬â I FUNDAMENTAL PRINCIPLES 2 3NEED FOR REFORM OF CRIMINAL JUSTICE SYSTEM _ ââ¬Å"Law should not sit limply, while those who defy it go free and those who seek its protection lose hopeâ⬠. (Jennison v. Baker (1972) 1 All ER 997). COMMITTEE AND ITS WORK 1. 1. The Committee on Reforms of the Criminal Justice System was constituted by the Government of India, Ministry of Home Affairs by its order dated 24 November 2000, to consider measures for revamping the Criminal Justice System. (Annexure-1). The terms of reference for the Committee are: i. ii. iii. iv. v.To examine the fundamental principles of criminal jurisprudence, including the constitutional provisions relating to criminal jurisprudence and see if any modifications or amendments are required thereto; To examine in the light of findings on fundamental principles and aspects of criminal jurisprudence as to whether there is a need to re-write the Code of Criminal Procedure, the Indian Penal Code and the Indian Evidence Act to bring them in tune with the demand of the times and in harmony with the aspirations of the people of India; To make specific recommendations on simplifying judicial procedures and ractices and making the delivery of justice to the common man closer, faster, uncomplicated and inexpensive; To suggest ways and means of developing such synergy among the judiciary, the Prosecution and the Police as restores the confidence of the common man in the Criminal Justice System by protecting the innocent and the victim and by punishing unsparingly the guilty and the criminal; To suggest sound system of managing, on professional lines, the pendency of cases at investigation and trial stages and making the Police, the Prosecution and the Judiciary accountable for delays in their respective domains; vi. To examine the feasibility of introducing the concept of ââ¬Å"Federal Crimeâ⬠which can be put on List I in the Seventh Schedule to the Constitution. 1. 2. The Committee was constituted under the Chairmanship of Justice V. S. Malimath, former Chief Justice of Karnataka and Kerala High Courts, Chairman, Central Administrative Tribunal and Member of the Human Rights Commission. The other members of the Committee are Sri S. Varadachary, IAS (Retd), former Advisor, Planning Commission of India and Sri Amitabh Gupta, former Director General of Police, Rajasthan.Sri Durgadas Gupta, Joint Secretary (Judicial), Ministry of Home Affairs was made the Secretary. On the recommendation of the Committee Justice Sri T. S. Arunachalam, former Judge of Madras High Court and Prof. N. R. Madhava Menon, Vice-Chancellor, West Bengal National University of Juridical Sciences were co-opted. Later, Justice Sri. T. S. Arunachalam tendered his resignation on personal grounds where-upon Sri D. V. Subba Rao, Advocate who also happens to be Chairman of the Bar Council of India was co-opted in his place.Sri Durgadas Gupta, Secretary of the Committee was made the Member Secretary of the Committee. Sri C. M. Basavarya, former District Judge and Registrar of the Karnataka High Court was appointed as Executive Director so that the Committee has the benefit of trial court experience in criminal matters. The term of the Committee, which was six months from the date of its first sitting, has been extended till 31 March 2003. Thus it may be noted that there is a wholesome combination of expertise of all the relevant fields ââ¬â the Judiciary, the Bar, the Police, the legal academic and administrator. . 3. The notification constituting the Committee does not expressly state the reasons for constituting the Committee, obviously for the reason that they are too well-known. The statement in the notification that the Committee has been constituted ââ¬Å"to consider measures for revamping the Criminal Justice Systemâ⬠implies that the Criminal Justice System is in such a very bad state as to call for revamping. A former Chief Justice of India warned about a decade ago that the Criminal Justice System in India was about to collapse.It is common knowledge that the two major problems It is common knowledge that the besieging the Criminal Justice System two major problems besieging the are huge pendency of criminal cases Criminal Justice System are huge and the inordinate delay in disposal of pendency of crimin al cases and the criminal cases on the one hand and the inordinate delay in disposal of very low rate of conviction in cases criminal cases on the one hand and involving serious crimes on the other. the very low rate of conviction in This has encouraged crime.Violent and cases involving serious crimes on organised crimes have become the the other. order of the day. As chances of convictions are remote, crime has 5 become a profitable business. Life has become unsafe and people live in constant fear. Law and order situation has deteriorated and the citizens have lost confidence in the Criminal Justice System. 1. 4. The ultimate aim of criminal law is protection of right to personal liberty against invasion by others ââ¬â protection of the weak against the strong law abiding against lawless, peaceful against the violent.To protect the rights of the citizens, the State prescribes the rules of conduct, sanctions for their violation, machinery to enforce sanctions and procedure to pr otect that machinery. It is utter selfishness, greed and intolerance that lead to deprivation of life, liberty and property of other citizens requiring the State to step in for protection of the citizensââ¬â¢ rights. James Madison writes in his book The Federalist that ââ¬Å"if men were angels no government would be necessaryâ⬠. It is the primary function of the government to protect the basic rights to life and property.The State has to give protection to persons against lawlessness, disorderly behaviour, violent acts and fraudulent deeds of others. Liberty cannot exist without protection of the basic rights of the citizens by the Government. 1. 5. This is the first time that the State has constituted such a Committee for a thorough and comprehensive review of the entire Criminal Justice System so that necessary and effective systematic reforms can be made to improve the health of the system. Prison administration is one of the functionaries of the Criminal Justice System. However, it does not fall within the mandate of the Committee. All the earlier initiatives were of a limited character to bring about reforms in the relevant laws, substantive and procedural laws, judicial reforms or police reforms. The Committee is required to take into account the recommendations made by the Law Commission of India, the Conference of Chief Ministers on Internal Security, the Report of Task Force on Internal security and Padmanabhaiah Committee Report on Police Reforms. 1. 6. The terms of reference are very wide and comprehensive.They require the Committee to examine the fundamental principles of criminal jurisprudence and relevant constitutional provisions and to suggest if any modifications or amendments are needed. If, on such review the Committee finds that any amendments to the Code of Criminal Procedure, the Indian Penal Code or the Indian Evidence Act are necessary to bring them in tune with the demands of time and the aspirations of the people, it can make necessary recommendations. The Committee is not called upon to take up a general review of all these three statutes. The mandate of the Committee is limited o recommending only such amendments to these statutes as may be necessary in the light of its findings on review of the fundamental principles of criminal jurisprudence. Therefore, the Committee has not undertaken any general review of these Statutes. 6 1. 7. The well recognised fundamental principles of criminal jurisprudence are ââ¬Ë presumption of innocence and right to silence of the accusedââ¬â¢ ââ¬Ë , burden of proof on the Prosecutionââ¬â¢ and the ââ¬Ë right to fair trialââ¬â¢ Examination of . ââ¬Ë Adversarial Systemââ¬â¢ followed in India being an aspect of the concept of ââ¬Ë fair rialââ¬â¢ falls within the purview of the Committee. Simplifying judicial procedures and practices, bringing about synergy among the judiciary, Simplifying judicial procedures the Prosecution and Police, making an d practices, bringing about the system simpler, faster, cheaper synergy among the judiciary, the and people-friendly, and restoring the Prosecution and Police, making the confidence of the common man are system simpler, faster, cheaper and the other responsibilities of the people-friendly, and restoring the Committee.This includes improving confidence of the common man are the investigation and trial procedures the other responsibilities of the on professional lines for expeditious Committee. dispensation of justice and making the functionaries accountable. The Committee is also required to examine if the concept of ââ¬Ë Federal Crimesââ¬â¢ can be put in List 1 of the Seventh Schedule of the , Constitution so that it becomes the exclusive responsibility of the Central Government. STRATEGIES ADOPTED BY THE COMMITTEE 1. 8.Realizing the importance and magnitude of the task, the Committee decided to reach out to every section of the society, which has a stake in the system, direct ly or indirectly. Accordingly the Committee decided to: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) Prepare a questionnaire and obtain responses from all walks of society. Organize seminars on important issues in different parts of the country. Participate in seminars or meetings organised by others. Meet citizens from different States hailing from different walks of life.Obtain the views of the State Governments. Obtain the views of the High Courts and the Judges. Obtain the views of Central and State Bar Councils and members of the Bar. Seek the views of Attorney General and Advocate Generals of the States. Obtain the views of the Heads of Police Departments. Obtain the views of the Heads of Prosecution Departments. Obtain the views of the Forensic Scientists. Obtain the views of the academics in law. Obtain the views of the media persons. Get research done by scholars on important topics. 7 (15) (16) (17) (18) (19)Study the relevant reports of the Law Commission of India, Report of Dharmavira Committee, Report of Padmanabhaiah Committee, Report of Vohra Committee, Report of Task Force on internal security, Report of Chief Ministers conference on Internal Security and other Commissions on topics relevant to the Criminal Justice System. Study the Criminal Justice Systems in U. K, Australia, France, USA and other countries and the reforms undertaken by them. Make a comparative study of Criminal Justice Systems in 20 selected countries from different continents. Interact with experts from different countries in the world.Examine Reports of the National Crime Bureau upto 2000. 1. 9. After an in-depth study of the problem facing the Criminal Justice System the questionnaire was prepared and sent to 3,164 persons enclosing a pre-paid envelope to enable them to respond without incurring any expenditure. The list includes the Prime Minister, Home Minister, Law Minister, Attorney General, Home Secretary, Law Secretary, Govt. of India, Law Commission of India and functionaries of the State Governments such as the Chief Ministers, Home Ministers, Law Ministers, Chief Secretaries, Law Secretaries, Home Secretaries, Advocate Generals, D.GsP, Director of Prosecution, the Chief Justices of the High Courts, Senior District Judges, different Bar Associations and State and Central Bar Councils, Bar Association Lawyers. However the number of responses received is only 284. 1. 10. Views of all the High Courts and information relating to institutions, pendency, disposal and other relevant information were sought from all the High Courts. As the response was not encouraging, the Chief Justice of India, on being requested by the Chairman, called upon all the High Courts to send their responses.As a result of the initiative of the Chief Justice, all the High Courts have sent their reports. (Refer Appendix 5, Volume II). However some of them have not furnished all the information sought, in the pro forma in regard to filing, disposal, pendency of criminal cases etc. 1. 11. Similarly all the State Governments were requested to send their views. But only the States of Arunachal Pradesh, Haryana, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh and Jammu & Kashmir have submitted their replies. Other States have not responded inspite of repeated requests. (Refer Appendix 6, Volume II). . 12. Reports on the functioning of the prosecution system in all the States were sought from the respective heads of Police Departments. Reports have been received from the States of Arunachal Pradesh, Bihar, Goa, Himachal Pradesh, Karnataka, Madhya Pradesh, 8 Orissa, Tamil Nadu, and Uttaranchal. Others have not responded. (Refer Appendix 7, Volume III). 1. 13. The Committee organised seminars as follows: ââ¬â Date 9 February 2002 Place Chennai Topic Media and Criminal Justice System 23/24 February 2002 Jaipur Reforms of Criminal Justice System (Investigation, Sentencing and Prosecution) 2/23 March 2002 Mumbai Economic Crimes and Finan cial Frauds 26/27/28 April 2002 Delhi Fundamental Principles of Criminal Justice ââ¬â A Fresh Look. 1. 14. Several other seminars organised on the recommendations of the Committee by different organizations and many more seminars organised by different organisations on the topics concerning the Criminal Justice System in which the Chairman or members of the Committee actively participated are the following: Date Place Topic 16 February 2002 Haveri, Karnataka Reforms of Criminal Justice System 10 July 2002 Delhi Use of Handcuffing ââ¬â a rational approach. 7/28 July 2002 Hyderabad Forensic Science, its use and application in investigation and prosecution. 12 September 2002 Lucknow Symposium on Criminal Justice Administration and Dalits 13 September 2002 Allahabad 4 October 2002 Delhi Application of Information Technology in Legal System and Reforms Of Criminal Justice System. Insulating Police from External Pressures. 10/11 October 2002 Delhi Law of Arrest Accountability. 11 January 2003 Pune Reforms of Criminal Justice System ââ¬âSpeedier and Efficient Procedure for Trial Of Criminal Cases. ââ¬â Police Powers and 9 1. 15.It is heartening to know that many eminent personalities participated in these seminars. Notable among them are Dr. R. Venkataraman, former President of India, Sri Bhairon Singh Shekhawat (now Vice-President of India), Sri Arun Jaitley, Honourable Minister for Law, former Chief Justices Sri Ranganath Misra, Sri A. M. Ahmadi, Sri M. H. Kania, Dr. A. S. Anand, former Supreme Court Judges Sri. K. Jayachandra Reddy, Sri. Jaganadha Rao, Sri. K. T. Thomas and many Senior Advocates Sri. Fali Nariman, Sri Soli Sorabjee, Attorney General, Sri K. K. Venugopal, Sri Shantibhushan, Sri. P.P. Rao, Sri V. R. Reddy, Sri. Dipankar P. Gupta, Sri. K. N. Bhat. 1. 16. The Chairman held discussions with Mr. Badri Bahadur Karki, Attorney General of Nepal who is engaged in reforming the criminal prosecution system in his country. The Chairman discusse d with Lord Goldsmith, Attorney General of U. K and held discussion with particular reference to several reforms undertaken in that country. The Chairman and members Professor Madhava Menon and Mr. Subba Rao participated in a video conference on reforms with prominent criminal lawyers from U. K. The Chairman and member Mr.Subba Rao visited Paris on the invitation of the French Government to study the Inquisitorial System followed in that country. Similar invitation from USA Agency USAID could not be accepted for want of time. Therefore USAID was good enough to send four experts to New Delhi who enlightened the Committee about the salient features of the Criminal Justice System in USA. 1. 17. The Committee made an in-depth study of the materials gathered in respect of all the 19 items mentioned in the earlier paragraph. CRIMINAL JUSTICE SYSTEM ââ¬â AN OVERVIEW:Whatever views one holds about the penal law, no one will question its importance to society.This is the law on which men place their ultimate reliance for protection against all the deepest injuries that human conduct can inflict on individuals and institutions. By the same token, penal law governs the strongest force that we permit official agencies to bring to bear on individuals. Its promise as an instrument of safety is matched only by its power to destroy. Nowhere in the entire legal field is more at stake for the community or for the individual. Herbert Wechsler 10 1. 18. There was no criminal law in uncivilized society. Every man was liable to be attacked on his person or property at any time by any one.The person attacked either succumbed or over-powered his opponent. ââ¬Å"A tooth for a tooth, an eye for an eye, a life for a lifeâ⬠was the forerunner of criminal justice. As time advanced, the injured person agreed to accept compensation, instead of killing his adversary. Subsequently, a sliding scale of satisfying ordinary offences came into existence. Such a system gave birth to the a rchaic criminal law. For a long time, the application of these principles remained with the parties themselves, but gradually this function came to be performed by the State. . 19. Since Independence and the promulgation of our Constitution rapid strides have been made in almost all fields. The communication revolution has opened the eyes, ears and minds of millions of people, resulting in increasing expectations of an ever growing population. The desire for quick, fair and affordable justice is universal. Protection of life and liberty have been given a pre-eminent position in our Constitution by enacting Article 21 as a fundamental right and imposing a duty on the State to protect life and personal liberty of every citizen.Any deprivation or breach of this valuable right is not permissible unless the procedure prescribed by law for that purpose is just, fair and reasonable. Has the State been able to keep up to this promise in a substantial measure? The ground reality, however, is that this precious fundamental right is turning out to be a mere pipe dream to many millions to whom justice is delayed, distorted or denied more than its delivery in accordance with the ideals enshrined in the Constitution. The entire existence of the orderly society depends upon sound and efficient functioning of the Criminal Justice System. 1. 20.Latest report of the National Crime Record Bureau, 2000 (NCRB) published by the Ministry of Home Affairs, shows that in the year 1951 there were 6,49,728 cognizable crimes under the IPC. This has risen to 17,71,084 in the year 2000. In the year 1953 (figures for 1951 are not available) there were 49,578 violent crimes whereas in the year 2000 the number of violent crimes has increased to 2,38,381 (for the sake of illustration only figures of cognizable IPC crimes have been taken). These figures indicate an abnormal increase in the number of serious crimes. At the same time the population of the country which was 361. million in 1951 has increased to 1002. 1 million in 2000. 11 Consolidated Statement of Police Strength and of Cases Investigated by the Police in India 1996 to 2000 S. No 1. 2. 1996 Total strength of State Police Forces 1997 1998 1999 2000 9,56,620 9,87,378 10,20,171 10,32,956 10,26,917 3. Workload of Civil Police : Total cases investigated by police divided by total number of investigating officer (ASIs to Inspectors) IPC Cases 16,78,453 16,63,666 17,53,121 17,94,390 17,92,896 SLL Cases 41,95,778 46,00,513 44,09,133 35,47,072 33,66,127 Total Total number of cases in which investigation as completed by the police ââ¬â 58,74,231 62,64,179 61,62,254 53,42,462 51,59,023 IPC Cases SLL Cases 18. 7 17. 8 17. 8 17. 2 16. 5 41. 7 42. 9 39. 3 28. 3 26. 1 60. 4 60. 7 57. 1 45. 5 42. 6 Total Consolidated Statement of Cases Dealt with by the Courts in India from 1996 to 2000 Sl No 1 1996 No. of IPC cases which came up for trial during the year including cases pending at the beginning of the year 52,97,662 199 7 54,81,004 1998 56,60,484 1999 58,90,744 2000 60,23,134 12 Sl No 2 3 4 5 1996 No. of SLL cases which came up for trial during the year including cases pending at the beginning of he year No. of cases in which trial was completed during the year IPC cases SLL cases No. of cases pending trial at the end of the year IPC cases SLL cases Total Conviction rate of those cases in which trial was completed IPC Cases SLL cases 1997 1998 1999 2000 7120383 7751906 7910411 7219222 6717380 843588 3487815 879928 3732474 895414 3679707 930729 3221158 933181 2518475 4252918 4395644 4585559 4775216 4921710 3259637 3625072 3784163 3506947 3649230 7512555 8020716 8369722 8282163 8570940 37. 8% 38. 2% 37. 4% 39. 6% 41. 8% 87. 3% 87. 9% 86. 7% 87. 9% 81. 4% Table 2 1. 21.Out of every 100 cases (both IPC and SLL crimes) reported to and taken up by the Police for investigation, between 25 and 30 cases are IPC crimes and the balance is accounted for by SLL crimes. Of the IPC crimes taken up by police for i nvestigation every year, The above statistics suggest that as of investigation is completed by January 2003, assuming that we have a the police in 76% to 80% of crime free society with Police not having to these cases. The corresponding take cognizance of and investigate any percentage in respect of SLL crime (either IPC or SLL) from now on and cases is between 85 and 95. he strength of the trial courts remain at the present level numerically and efficiency 1. 22. The above statistics wise, (an unrealistic assumption indeed! ) it suggest that as of January 2003, will take a minimum of another four years for the courts to dispose of all these cases. assuming that we have 13 a crime free society with Police not having to take cognizance of and investigate any crime (either IPC or SLL) from now on and the strength of the trial courts remain at the present level numerically and efficiency wise, (an unrealistic assumption indeed! it will take a minimum of another four years for the court s to dispose of all these cases. 1. 23. These figures show that the courts have not been able to cope up with the number of cases that come before them for trial every year. According to Table 1 the total number of complaints received by the police and cases registered during the year 2000 in India is 56,62,773. It is a matter of common knowledge that several persons who are victims of crimes do not complain to the police. During the year 2000 the total number of cases charge-sheeted after investigation is 50,98,304.The total number of cases disposed of by the courts in the year 2000 is 9,32,774. So far as the cases under IPC are concerned, the analysis in the report on page 1 of the NCRB report shows that 79% of IPC cases were investigated in the year 2000, 78. 4% of them were charge-sheeted, 18. 3% of them were tried and 41. 8% of them resulted in conviction. In many Countries like U. K. , U. S. A, France, Japan and Singapore the rate of conviction is more than 90%. 1. 24. Quality of justice suffers not only when an innocent person is punished or a guilty person is exonerated but when there s enormous delay in deciding the criminal Quality of justice suffers cases. It is a trite saying that justice delayed is not only when an innocent justice denied. Table 25(b) of the NCRB report, person is punished or a 2000 furnishes the duration of trial of cases guilty person is exonerated during 2000. It is seen that 10,382 cases of the but when there is enormous duration of 3 to 5 years, 6,503 cases of the delay in deciding the duration of 5-10 years and 2,187 cases of the criminal cases. duration of over 10 years were disposed of by ll the courts in India during 2000. Taking more than 3 years (sometimes even 10 years) amounts to denying fair trial. Speedy trial is a right of the accused that flows from Article 21 as held by the Supreme Court. If the accused is acquitted after such long delay one can imagine the Taking more than 3 unnecessary suffering he was subjecte d to. Many years (sometimes even times such inordinate delay contributes to acquittal 10 years) amounts to of guilty persons either because the evidence is lost or because of lapse of time, or the witnesses do not denying fair trial. emember all the details or the witnesses do not come forward to give true evidence due to threats, inducement or sympathy. Whatever may be the reason it is justice that becomes a casualty. 14 1. 25. Vulnerable sections of the society like women, children and other members of weaker sections of society like the Schedule Caste and Schedule Tribes suffer more when the Criminal Justice System fails to live up to expectations. Crime Against Women Sl No 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Crime Head Rape Kidnapping and Abduction Dowry Death Torture Molestation Sexual HarassmentImportation of Girls Sati Prevention Act Immoral Traffic (P) Act Indecent Rep. of Women (P) Act 11. Dowry Prohibition Act Total 1998 15151 16351 6975 41376 30959 8054 146 0 8695 190 1999 154 68 15962 6699 43823 32311 8858 1 0 9363 222 2000 16496 15023 6995 45778 32940 11024 64 0 9515 662 Percentage variation in 2000 over 1999 6. 6 -5. 9 4. 4 4. 5 1. 9 24. 5 63. 0 1. 6 198. 2 3578 131475 3064 135771 2876 141373 -6. 1 4. 1 Year Table 3 Several disturbing features are seen from the figures given in this table. There is a 6. 6% increase in the offence of rape from 1999 to 2000.So far as the percentage of sexual harassment during the same period is concerned, there is an increase of 24. 5%. What is worst is the figures relating to importation of girls obviously for sex which has increased to 63% during 2000. This is quite shocking. 15 1. 26. So far as offences against children are concerned, Table 4 furnishes information about the incidents of different types of offences against them between 1996 and 2000. Offences Against Children Sl No Crime Head Years Percentage variation 2000 2000 over over 1996 1999 -23. 3 -0. 7 24. 5 -10. 1 1996 1. Child Rape . Kidnapping and abduction 3. Procuration of minor girls 4. Selling of girls for prostitution 5. Buying of girls for prostitution 6. Abetment of Suicide 7. Exposure and abandonment 8. Infanticide 9. Foeticide 10. Child marriage restraint act Total 1997 1998 1999 2000 4083 571 4414 620 4153 699 3153 791 3132 711 94 6 87 9 171 11 172 13 147 15 56. 4 150. 0 -14. 5 15. 3 22 13 13 5 53 140. 9 960 11 554 13 582 28 575 24 593 18 660 63. 6 19. 1 -25 11. 2 113 39 89 107 57 78 114 62 56 87 61 58 104 91 92 -8. 8 133. 3 3. 4 19. 5 49. 2 58. 6 5582 5980 5882 4957 5023 -10. 0 1. 3Table 4 The figures show a mixed trend during the last five years. There is an increase of 1. 3% from 1999 to 2000. 16 1. 27. So far as incidence of child rape is concerned, there were 744 victims below 10 years and 2,880 victims between of 10 and 16 years. This shows the extent of child abuse that is prevalent in India and the failure of the system to contain it. This is very disturbing. 1. 28. So far as crime against other weaker sections of th e society namely the SC and ST are concerned, the figures for the years 1998, 1999 and 2000 are furnished in the Tables 5 and 6.Sl No Crime Head Years Percentage variation in 1998 1. Murder 516 506 526 1999 over 1998 -1. 9 2. Rape 923 1000 1083 8. 3 8. 3 3. Kidnapping & Abduction 253 228 268 -9. 8 17. 5 4. Dacoity 49 36 38 -26. 5 5. 6 5. Robbery 150 109 108 -27. 3 -0. 9 6. Arson 346 337 290 -2. 6 -13. 9 7. Hurt 3809 3241 3497 -14. 9 7. 9 8. PCR Act 724 678 672 -6. 3 -0. 9 9. SC/ST 7443 7301 7386 -1. 9 1. 2 11425 11657 11587 2. 0 -0. 6 25638 25093 25455 -2. 1 1. 4 (Prev. of 1999 2000 2000 over 1999 4. 0 Atrocities) Act 10. Others Total Table 5 17 Sl No Crime Head Years Percentage variation in 998 1999 2000 2000 over 1999 59 1999 over 1998 21. 2 66 80 331 384 403 16. 0 4. 9 56 59 48 5. 3 18. 6 1. Murder 2. Rape 3. Kidnapping & Abduction 4. Dacoity 5 3 5 -40. 0 66. 7 5. Robbery 15 8 2 -46. 6 -75. 0 6. Arson 38 43 32 13. 2 -25. 6 7. Hurt 638 646 447 1. 2 -30. 8 8. PCR Act 50 45 31 -10. 0 -31. 1 9. SC/ST 709 574 502 -19. 0 -12. 5 2368 2608 2661 10. 1 -2. 0 4276 4450 4190 4. 1 -5. 8 (Prev. of 26. 3 Atrocities) Act 10. Others Total Table 6 In the year 2000 there was an increase of 1. 4% of crimes against the members of SC. So far as the members of the ST are oncerned the figures indicate that there was an Economic crimes like increase in the number of crimes like murder, smuggling, money laundering, rape, kidnapping, dacoity during 2000 tax evasion, drug trafficking, compared to the figures of the previous year. corruption and serious economic frauds are eating the 1. 29. Economic crimes like smuggling, vitals of the nation in a very money laundering, tax evasion, drug big way. trafficking, corruption and serious economic frauds are eating the vitals of the nation in a very big way. Table 7 furnishes information about major frauds reported during 2000.
Monday, July 29, 2019
Managing Uncertainty Business Plan Coursework Example | Topics and Well Written Essays - 2000 words
Managing Uncertainty Business Plan - Coursework Example It is always advisable to settle on a business enterprise that is not only viable, but also within your area of expertise in order to ease its management. In this case, I am intending to start up Electronic repair Services Company, in the City of Birmingham which its capital will be around à £ 250,000 in its first year of operation. The organization will specialize in repairs of home electronics, most particularly home entertainment electronics, such as; DVDs, TV, VCRs, and CD players among many others. The small enterprise is created with an idea of providing top notch innovation to the general repair service business. It will offer a one stop solution for the repairing or renovation of home electronics and phones in Birmingham. This business is aiming to offer its services to home owners and phone users who are often caught unawares with unexpected electronic malfunction. The unique and distinguished services of the Electronic shop will give it the much sought after competitive ad vantage against other repair services businesses. (Apple, 2013, pp. 24)Market analysis There are around 0.9 million households in Birmingham, U.K. Virtually, all these households at least have phones, TVs, VCRs and many otherà types electronics. The electronic service company will segment its market into product categories, which will reflect the projected number of each electronic device, being used in Birmingham city, because these devices may malfunction at any time, and they may require repair services.
Sunday, July 28, 2019
I would like to do my paper on the way different genders are educated Research
I would like to do my on the way different genders are educated and learn differently - Research Paper Example In modern western societies gender is something which is flexible and is worked at by individuals in a social context: ââ¬Å"an accomplishment, an achieved property of situated conductâ⬠¦ Rather than as a property of individuals we perceive gender as an emergent feature of social situations.â⬠(West and Zimmerman, 1987, p. 126) One very important social institution for the ââ¬Å"doingâ⬠of gender in this way is the education system. This paper examines the way that different genders are educated differently and explores why they learn differently and achieve different outcomes. In classical and medieval times formal education was reserved mainly for men, and women were restricted to domestic training and preparation for marriage. Theories why this was the case range from kind of biological determinism based on hunter-gatherer job distribution to political power struggles in which the patriarchs used superior physical strength to apportion most of the privileges to the mselves. The stereotyping of girls as passive and nurturing and boys as active and combative comes from this kind of reasoning. In families and in nursery schools boys certainly display a general tendency to play with mechanical toys, while girls tend to choose dolls and clothes, largely because these choices are reinforced by parents and teachers, and opposite choices are often frowned upon. This is the power of socialization at work which sets up unspoken gender ââ¬Å"normsâ⬠for boys and girls. With the arrival of feminism in the twentieth century many educators actively began to work against this stereotyping and it became clear that when equal opportunity and support is given for free choices, there is a far less clear distinction between boysââ¬â¢ and girlsââ¬â¢ behavior. (Butler, 1999) Some studies point out that brain differences between males and females have been observed, (Gurian and Stevens, 2011, 43) and that these mimic the classic spatial awareness ability of boys and communicative prowess of girls. It is not entirely clear, however, whether these differences are innate, or whether they are learned during early childhood. Certainly the socialization of children is very important in the way that they perceive gender, both in terms of themselves, and in terms of the range of choices available to them in their lives. Boys and girls learn different ways of talking, and of behaving, and this predisposes them to particular subjects later in life. (Hall and Bucholtz, 1995, 5-12) After a period of intensive support for women in education, the situation of exclusion has been removed, and in fact the worry for modern society is now the under-representation of boys and men in education. It is estimated that in 2007 ââ¬Å"the gender gap will reach 2-3 million, with 9.2 million women enrolled in U.S. colleges compared with 6.9 million men.â⬠(Lopez, 2003, p. 2) The ratio in some minority ethnic groups is likely to show an even greater imbal ance than this. It may be that such trends are due to factors in contemporary society, such as the effect of feminism on the education world, and the way that teaching and assessment methods have changed to favour homework and continuous assessment, for example, instead of final unseen examination. The underperformance of boys may also be due to a crisis in the way that masculinity is perceived: men are expected to relinquish their superior position in
Saturday, July 27, 2019
Discussion Assignment Example | Topics and Well Written Essays - 1750 words
Discussion - Assignment Example A good leader to be followed has to possess profound human traits even that are above conventional concept of authority. The qualities of a good leader require skills and knowledge applied in a reliable manner. Leadership is a profound concept, which has more increased complex implications; these are driven by the fast changing world. The leadership role is inevitable reflection of a personââ¬â¢s requires analysis of lifeââ¬â¢s challenges. In business he have faced numerous challenges one of them being government regulations which include vehicle registration, renewal fees which are sometimes restrictive to new car owners, this may be prohibitive to our business growth. Place licenses are not easy to come by since there are many requirements to be fulfilled before acquiring them. Car inspections have to be done regularly and these may be a problem since it requires a lot of money to achieve it (Ellis 56). Discussion 1b Science and Technology Even, though, technology is on the r ise, it gives them extra work of developing softwareââ¬â¢s in languages understood by people from certain languages. If not attained, then it is only normal that people will not be able to communicate hence reducing global contact. Science differences range from organization culture to culture of a given community. The given organization is likely to have cultures that do not support the use of internet for communication purposes. Many employees spend many hours in social networking sites that just make them unproductive in terms of their work. On the other side some cultures in communities do not embrace technology use and still embrace the modes of communication that were used in the olden days. It is through such problems that social media does not go to lengths that it would probably reach. The level of education of the user of these technologies off communication also matters in that various gadgets may be produce to ease communication, but not all the people will understand the technology. The individual linguistic activity comes in as, they use difficult terms that may not be conversant with people from older generations are likely to slow down communication process. Misinterpretation may also come in; most people are like to try to interpret the wrong thing to the new trends, people do not like to look outdated. The fact that technology is dynamic everyone will not be able to grasp the new technologies (Ellis 72). Discussion 2a Ethics Business ethics has been defines many researchers differently one being the ability of a business to run without breaking the given laws. This definition shows the link between ethics and legal aspects and how they come in handy. Others have described it as the ability to avoid habits that may tarnish the image of the company to its consumers. On looking at this, it is important for any person planning to venture into a foreign country especially those that are undeveloped to have in mind that the definitions above can act as an important point to note because this could easily result into big losses of money in terms of lawsuits or customer withdrawal. So as the new investor plans to venture into the new country it is important that he trains his employees so that when they go to the new market they are able to work with the new rules that govern business there. The link between business ethics and law is
Friday, July 26, 2019
Energy Supply and Demand and Future Growth Essay
Energy Supply and Demand and Future Growth - Essay Example This essay stresses that a challenge for Asia primarily to meet the growing demand for energy in the future in a sustainable manner. Unfortunately, however, these countries own only 1% of the world energy resources and thus must rely on imports. The good news is that these countries have abundant resources to generate energy from renewable resources. This, nevertheless, requires huge investments in energy infrastructure- about $1.1 trillion- in addition to another investment of $390 billion to meet the energy requirements between 2008 and 2030. This paper makes a conclusion that the future of the energy markets rest entirely on how the world will respond to the global growing needs of energy though the task is very difficult. Implementation of commitment, anyhow, is the key to the solution for countries individually as well globally. Therefore, a large scale action is required to achieve global energy supply targets. The use energy has bestowed man with the coziness and contentment of the modern technological world. The comforts and the gains from the ever-improving technology, nonetheless, rest on how the world answers the question of shortfalls in the energy supply. Importantly at first, all the countries need to realize the importance of energy conservation. Secondly, more and more alternative sources must be discovered to provide energy abundantly at the lowest possible cost. Ultimately, the world needs to act collectively to gain the advantages of combined resources, knowledge and technologies.
Thursday, July 25, 2019
Income Statements Analysis Essay Example | Topics and Well Written Essays - 1750 words
Income Statements Analysis - Essay Example The ââ¬Å"profit marginâ⬠is a good indicator of how a company is able to manage costs in its operations, for example, selling stock. It does not mean that if the total earnings of a company are increasing, then, the profit margin improves. When the costs increase at a greater rate than the sales, then the profit margin reduces. The opposite of this statement is also true. Note that net income is a perfect indicator of the financial health of a company. Net income also indicates the performance of the of the core business operations. The net income is calculated by deducting the expenses from the sales revenue (Fridson, Alvarez and Finance Pro, 2011). As stated earlier, the net profit margin is computed from the net income and salesââ¬â¢ values indicated in the income statement and thus it is also important to discuss the income statement in this section. The income statement mainly includes the items directly or indirectly related to the companiesââ¬â¢ activities. The activities can be primary or secondary. Examples of the items included in the income statement may include incomes, revenue, cost of goods sold, tax expenses and gross profit. With these items, we can therefore, compute the net profit margins, which are necessary in determining the profitability of a company from its operations. Before comparing the profit margins for each company, it is important to look at how each company has prepared its income statement. Emaar Properties PJSC and Arabtec Holding PJSC have indicated the particular items included in their income statements. The other companies have indicated the specific items included in their income statements. For example, Emaar Propertiesââ¬â¢ income statement includes the cost of goods sold, revenue, gross profit, administrative cost profit before tax and tax expense. The company has eliminated other, operating expenses, other operating income,
Wednesday, July 24, 2019
Information system Assignment Example | Topics and Well Written Essays - 3000 words
Information system - Assignment Example In this report I have capably compared information systems development methodologies SSADM and ETHICS using the NIMSAD framework. I hope this report will offer a better overview of those methodologies and main differences between them. 17 A methodology can be described as a set of actions, techniques, tools as well as documentation support which will facilitate systems developers in their efficient employment along with practice of the new information system. Additionally, a methodology is composed of stages themselves which are then divided into sub-stages that will proficiently give direction to all the developers of information system in their inclination of the practices that might be handy as well as suitable at each phase of the development. In addition, this methodology moreover facilitates them to effectively handle, formulate, control and appraise various projects of information systems. Moreover, the methodologies enclose models and reveals particular viewpoints of ââ¬Ërealityââ¬â¢ foundational on a set of theoretical paradigms. However, a methodology must inform the developers ââ¬Ëwhatââ¬â¢ phases to obtain as well as ââ¬Ëhowââ¬â¢ to achieve those steps though the majority significantly t he causes ââ¬Ëwhyââ¬â¢ those phases should be taken, in that particular order (Gasson, 1995; Yaghini, 2009) and (Avison & Taylor, 1997). In this research I will present a detailed analysis and comparison of two most well known information systems development methodologies SSADM (Structured Systems Analysis and Design Method) and ETHICS (Effective Technical and Human Implementation of Computer-based Work Systems). This research and evaluation will be formulated on the origin of the NIMSAD framework that will facilitate us in clearly analyzing and understanding the area of problem solving (in general). Here NIMSAD framework will also help us in case of overall functioning as well as proficient evaluation of the information system methodologies, their arrangements,
Overweight and Obesity Among Adults in the US Essay
Overweight and Obesity Among Adults in the US - Essay Example The statistics mentioned in this essay represents the rate of obesity in the United States according to statistics of 2010 among adults who are 20 and older (National Institute of Diabetes and Digestive and Kidney Diseases, 2012). It can be seen that rate of obesity is relatively higher in ethnic groups as compared to Whites in different categories of obesity. If analyzed in the light of causes mentioned above, it can be seen that ethnic groups have relatively lower access to a healthy lifestyle. Prime reasons of it can be less income, residence in the neighborhoods where availability of healthy food and fresh produce is not possible and other social and cultural factors leading to obesity (Centers of Disease Control & Prevention, 2013). In addition to that, ethnic groups like African Americans and Hispanics have cultural preferences for larger portions and family meals contributing to the overall increase in weight (Lutfiyya, Garcia, Dankwa, Young & Lipsky, 2008). As far as sedentar y lifestyle is concerned, the rate of multiple jobs is higher in ethnic groups requiring more time to be spent on job curtailing the rate of physical activity. Furthermore, low median income groups also sustain lower access to nutritional food due to increasing cost of fresh edible items and also easy availability of junk food (Lutfiyya, Garcia, Dankwa, Young & Lipsky, 2008). The higher rate of both parents employment is also present in ethnic minorities which also makes utilization of junk food a viable option. Furthermore, deprived neighborhoods also have the poor infrastructure in which recreational spaces are also limited. A considerable amount of research also indicates that individuals from ethnic groups are more susceptible to mental conditions like clinical depression which is more likely to trigger binge eating (Fuchs, 2011). Research also states that factors such as commercialism on food, increased screen time and complex work arrangements are likely to affect ethnic minor ities more as compared to Whites.
Tuesday, July 23, 2019
Strategy Recommendations for Franchise Opportunities for Mr. Empanada Research Paper
Strategy Recommendations for Franchise Opportunities for Mr. Empanada - Research Paper Example Empanada include reducing operational costs while also drawing new customers (Mr. Empanada). The restaurant may not have the option often enjoyed by larger franchises of lowering the prices of offerings. Another challenge is in handling business in such a way that the restaurant remains productive even during quiet times (Mr. Empanada Franchise Corporation). Often, restaurants make a lot of profit during busy times but face challenges when there are not many customers. The Mr. Empanada also has to find more advanced ways of advertising is products in a way in which it will be able to reach distant customers. Another challenge lies in finding ways to retain current consumers. The Mr. Empanada restaurant creates products that are unique in taste as well as fare. To maintain its reputation as the best producer of Empanadas, the restaurantââ¬â¢s owners have to find ways of entering into agreements with the suppliers who provide them with the best raw materials. Signage To remain relev ant, Mr. Empanada also has to use the latest technology in order to retain customers who are impressed with the quick and efficient service. Good signage is one way of achieving this because it can increase a businessââ¬â¢s opportunity for success. For instance, Mr. Empanada can utilize digital menu boards in its operations. Digital menu boards ensure that employees constantly have access to the latest information. This means that they will be able to improve productivity, efficiency, and patron satisfaction. Digital menu boards are easy to customize and can even be utilized as training devices because they can assist prospective workers in learning how to gather pertinent information relating to the restaurants and its assorted operations. Digital menu boards can also assist customers to observe their waiting times. It is a known fact that customers are often less frustrated about waiting for long periods of time when they have distractions. Customers can also learn about the co ntents of their orders through the digital menu boards. These implements will not only reduce the time in which people order, but also reduce the number of irritated clients that the staff has to handle. Location Location is quite important for any restaurant. Good food or even excellent service may not be enough to bring about the success of a restaurant if it is located in a bad neighborhood or area with no traffic. The best location is one that is easily accessible. Mr. Empanada, which is seeking to expand into new regions, should consider accessible sites that also do not require a lot of capital. Another option could be leasing space. In such cases, it is best to use the services of lawyers and consultants who understand the details of the fine print. Brokers should also be consulted on the best sites to situate a restaurant business. The management should also investigate the traffic in the selected area, as well as their dining habits. To attract new customers, Mr. Empanada c an invest in new locations that have potential customers such as working people or college students who often return home or purchase food from supermarkets during lunchtime. Shopping malls Mall culture has grown to be perceived as an avenue for big business, as malls have been transformed into multi-storied sophisticated structures that contain diverse shops. There are some reasons why investing in a branch that is ensconced within a shopping mall could be beneficial for Mr. Empanada. One of the most critical is
Monday, July 22, 2019
Interpersonal communication Essay Example for Free
Interpersonal communication Essay The book basically talks about the different ways on how to win friends and become popular. Dale Carnegie gives different tips on how to make different people like you, and how to make others accept and believe in what you are thinking. Carnegie basically makes it easier for readers to understand more effective relationship styles. Carnegie used to teach general public speaking. However, he realized that such wasnââ¬â¢t enough for effective business and felt that his students lacked the skill of simply making friends with new people, which is why he made a book on how to make new friends and other relational issues. Dale Carnegie also felt that he lacked such skills himself. So this is a two way experience for him, both teaching and learning at the same time. Digging in to the deeper purpose of creating such book, the Carnegie Institute of Technology made a study which showed that a financial successful person owes 15 percent to their technical knowledge and the rest to ââ¬Å"skill in human engineering-to personality and the ability to lead peopleâ⬠(Carnegie, 1964). Another reason was that, it is easy to find applicants who had the perfect skills for their jobs- engineering, medicine, accounting, you name it, there are plenty of skilled professionals out there. However, there are not a lot who possess such skills and at the same time have the ability to have effective interpersonal communication and relational skills, which is why Dale Carnegie developed a book which serves as a manual for those who lack such skills. Lastly, there is a need for a book which basically serves as a guide for dummies on how to get other people to like them and how to find more friends. Becoming an effective leader is also a part of what the book teaches, and is what readers will get out of reading it. During the first part of Dale Carnegieââ¬â¢s ââ¬Å"How to Win Friends and Influence Peopleâ⬠, he talks about the basic styles and techniques that you can handle people. He basically had three principles in this topic. The first principle is to work with people without criticizing, condemning or complaining. It is important for aspiring leaders to omit such acts because people will not follow a leader who does not listen to what they are saying. The second principle says to ââ¬Å"give honest and sincere appreciationâ⬠(Carnegie, 1964). According to Carnegie, flattery is always effective. Of course, everybody wants to feel good. It is so effective in fact that ââ¬Å"Even Queen Victoria was susceptible to flatteryâ⬠(Carnegie, 1964). However, the negative thing with flattery is that, it is fake and insincere. What Carnegie suggests is for us to give out something positive and honest- which is called appreciation. There is always something positive in everybody, and that is what every effective leader needs to look for. The last principle is to get from other people the ââ¬Å"eager wantâ⬠. Carnegie mentioned that, we should not talk about what we want, because nobody else will listen to us. Instead, we should talk about something we know others would like to talk about. This will definitely get them interested, especially in doing something for you. Part two of the book discusses the different ways to get people to like you. The first principle tells us to become genuinely interested in other people. Carnegie used his dog as an example or even just dogs generally. They did not study psychology to know how people could like them. They simply liked people genuinely, which is why people liked them back. If you like someone, it becomes almost impossible to resist liking you back. If you genuinely like other people, then you will be welcome anywhere you go (Carnegie, 1964). The next principle is fairly easy and sounds quite simple. However, it is forgotten most of the time, and people forget the magic that it does. One word: Smile. Carnegie mentioned that the smile that people wear on their faces is far more important than what clothes they wear. And the saying ââ¬Å"actions speak louder than wordsâ⬠is very true. Smiles are very important because they say ââ¬Å"I like you, you make me happy. I am glad to see you. â⬠(Carnegie, 1964). This can be proven when babies smile and everybody around them melts. It is the same thing with adults, as long as smiles are genuine. Third principle for people to like you is the simple gesture of remembering the names of the people you meet. It always isnââ¬â¢t a good impression to ask for peopleââ¬â¢s names the second time around, much more the third. Remembering names are so important in fact that when you ââ¬Å"Remember that name and call it easily, and you have paid a subtle and very effective complimentâ⬠(Carnegie, 1964). However, when you forget one name, it will give you a bad impression and will work to your disadvantage. The last three principles of the second part of Carnegieââ¬â¢s work are all connected to each other. First is to ââ¬Å"be a good listener and encourage other to talk about themselvesâ⬠, next is to talk about the other personââ¬â¢s likes and interests and not talk about you. And the last, is to ââ¬Å"make the other person feel important, sincerelyâ⬠. These three are very important because if you only care about yourself and talk only about what you feel is interesting, and act like you are the only important person in the world, then no one will want to neither talk nor work with you. In fact, no one will even want to see you. Being egotistic and self centered will not do a person any good in this world. (Carnegie, 1964) Part three of dale Carnegieââ¬â¢s book is How to Win People to Your Way of Thinking. Principle one talks about arguments. The only way to get the best of an argument is to avoid itâ⬠, this is what Carnegie (1964) thinks about arguments. This is very true as, while you think you are good in winning arguments, you will never know when you might find someone who is better than you. And people always admire those who walk away from trouble. To sum the third part up, it simply says that you are to respect the way others think, a nd acknowledge their opinions. Even though you do not believe in what they are saying, you must let them speak out, because your opinion is not the only important one. Others should feel like they have a say in things, before they will believe in what you are saying. It is just a matter of reciprocity. ââ¬Å"If we know we are going to be rebuked anyhow, isnââ¬â¢t it far better to beat the other person to it and do it ourselves? â⬠(Carnegie, 1964) It is always good to admit your mistakes. Owning up to your mistakes makes people admire you more, and believe that you are actually human. In the same way that you are never to tell someone that they are wrong just because they do not agree to what you think and they have their own opinions. The first thing that you will need to get from others is respect, and the only way to get that is by showing respect to them first. For the last principles, it just says that in order to get people to believe in the way you think, you must believe in theirs as well. So in conclusion for the third part of the book, it simply means that you have to respect other peopleââ¬â¢s views, opinions and ideas in order to get them to believe yours as well. Be a Leader: How to Change People Without Giving Offense or Arousing Resentment. This is the last part of Dale Carnegieââ¬â¢s book. Being a leader is never easy. It may look like the easiest part of a job because you get to tell others to do the job for you. However, more responsibilities come with being a leader, such as all the different decisions that should be made. Carnegie mentions that a leader should develop an attitude that praises and appreciates the people that work for him. Another major thing that leaders should develop is before telling others what they have done wrong, tell something that they have done right first because ââ¬Å"It is always easier to listen to unpleasant things after we have heard some praise of our good points. â⬠(Carnegie, 1964). One more important thing for leaders to do is to ââ¬Å"talk about your mistakes before criticizing the other personâ⬠(Carnegie, 1964). This is important, as it will not make the others feel so inferior to you as a leader. Leaders should be more humble than the rest because once superiority complex works its way in, the system will stop working. Becoming an example is another one of the most important things that a leader should follow. Encouragements are also one of the best things to do, most especially after some criticisms. I used to believe that I could communicate to others fairly well. I had a lot of friends and people liked to be around me. But after reading Dale Carnegieââ¬â¢s book, I have realized that I was not that effective and that there are still a lot of areas that I need to improve in. First of all, I criticize, condemn and complain a lot. I lack giving out appreciations as well. Most of the time I am self centered and whenever there are conversations I engage in, I mostly talk about topics that I prefer without even considering whether or not the one Iââ¬â¢m conversing with is interested with what we are talking about. I also lack the heart of admitting my mistakes quickly. I sometimes tell people that theyââ¬â¢re wrong directly, even just for not sharing the same opinion as I do. I even have the tendency to always get into arguments, even when I have the chance to avoid or get out of it. I am not comfortable in talking about my mistakes as I feel embarrassed and want to bury them in the past. One of the things that I know I am strong at is remembering a personââ¬â¢s name. Carnegie has mentioned that this will make people feel very important, which means I have made a lot of people important already, just by this gesture. Although I talk a lot, I make it a point to let others talk as well. I believe I am a good listener, which makes people look for me when they need someone to talk to. I am very free in giving out encouragements, as long as I feel the people are down in whatever they are doing. Even in the littlest improvement a person makes or adjusts, I notice it and give them praise. I give out constructive criticism as well, and is open to taking some for myself from others. So all in all, I have a lot more to work on, even though I have some positive traits that I already carry with me. Reading on will definitely help me improve in different aspects. I have asked my father, brother and mother to give me a peer analysis in my communication skills and my different ways of dealing with other people. They have more or less the same answers and I will only generalize and summarize the answers that they have given. They have mentioned that I criticize and condemn other people a lot may it be directly or even behind their backs. My brother told me that I judge immediately anything I see that does not pass my so called standards. Carnegie believes that this should be avoided in order to find more people to like you, to have more friends. One thing that they appreciate about me is that I give a lot of encouragements to people. They feel that this is when I am most effective when dealing with people. Even my father told me that he appreciates it when he sees me encourage different people. He also mentioned that he has seen how this affects the different people I am dealing with, and can see the changes that such encouragements have brought about. My mother mentioned that I do not easily admit my mistakes. She said that I even reason out to my actions, even if I already know that what I did was wrong. As much as I hate to admit this, it is nothing but the truth. I find it hard for me to say that I was wrong, mostly because of pride. They all agreed to one thing however, and that is I only like to talk about things that I like, and that I do not even ask them what they want to talk about or what they are interested in. This is one of the things Carnegie has mentioned that should not be around when we want to have more friends or when we want people to like us. Again, I can see that there is a lot of room for improvement when it comes to relationships and communication. The first thing that I want to remove from my negative attitude is the inability to admit when I am wrong or I have made a mistake. I think this is the first thing that would turn other people off from wanting to talk or become friends. I believe for me to be able to do this, I must lower down my pride. This will not be easy, and will take a lot of time. But if I want to improve my lifestyle, then this will definitely have to be the first thing off my negative list. The next thing I must make a move on is towards removing the act of always criticizing other people. It has almost become automatic for me to do this, as I easily judge people even at the first look or impression. This has cost me a lot of friends and friendships that might have started. I think the way to start taking this negative act from me is by always thinking positively and giving other people a chance- a chance to show their true selves. Being judgmental has always been a problem and will be a bigger problem if I do not act up on it immediately. Being less self centered and egotistic will be very important if I want to start new and stronger relationships with other people. These are only some of the things that I think I need to change. Dale Carnegie has helped me realize a lot of things. His work has definitely taught me a lot of things; things that are essential in day to day living. After all, no one can live alone. Friends and relationships with people will help us live more harmoniously and Dale Carnegieââ¬â¢s ââ¬Å"How to Win Friends and Influence Peopleâ⬠has taught me how I can have more friends and develop friends a lot easier.
Sunday, July 21, 2019
Discussing the relationship between Strategic Management and Leader
Discussing the relationship between Strategic Management and Leader In this assignment its going to be discussed about the strategic management and leadership. It will be analyzed and the relationship between the strategic management and leadership. The organization which will use to describe the link between strategic management and leadership is ACCOMMODATION TIMES and it will discuss about the impact of strategic management and leadership on the organization and how they work. Management and leadership Understanding the relationship between strategic management and leadership Leadership involves the qualityà to lead whereas the strategic management involves the way the goals of the organisation are achieved. The leadership works towards the achievement and implementation of the strategic goals in a way that it moves ahead in a smooth manner. The strategies are been made by the leadership of the organisation. This involves the management and the way the targets of the organisation are been achieved with the strategies that are been laid down. The link between the strategic management and leadership are remotely related to each other , the way the leadership is working on the achieving the goals that are set is the work of the leadership of the organisation to deal with it. This involves the exact functioning of the organisation. According to Neil Ritson Strategic management is the organised development of the resources of the functional areas which are financial , manufacturing , marketing , technological , manpower etc, in the pursuit of its objective it is the use of all the entity resources, It is a set of policies adopted by senior management, which guides the scope and direction of the entity. It takes into account the environment in which the company operates. (Neil Riston, 2008) LEADERSHIP: In Audrina words a leadership is when you guide the organization into a result that your group has agreed upon. You and the rest of the team have a defined understanding to determine the ability and to articulate visions and goals. Leadership is said seen just as a facet of successful manager. It usually works on precedence for strategic planning and management and long-term success. (Audrina Majella, 2008) Leadership is a skill which a person develop through the experience for example in Accommodation Times general assistant after having experience become the Genaral Manager they never appoint a Genral Manager straight away because leadership you learn through experience and strategic management through courses and trainings. LINK BETWEEN STRATEGIC MANAGEMENT AND LEADERSHIP: A leadership is the bridge between strategic management and their target .its because of a leadership that organization gets their desired tasks and targets Management is responsible for people and resources in a unit according to rules or values that have already been set while the leadership set a direction to the people in group. It can understand the link between strategic management and leadership by this example that good leadership and effective management are always the of success in any organization so both of these are the skills which going side by side without management a good leadership can only satisfy for the time being not in a long term same as an effective management is nothing without the good leadership. When great leadership is jointed with effective management, you are able to set a direction and be able to allocate the resources the way you want. Not only that, you will achieve your goal the way you have thought and the way you want to achieve. Analyse the impact of management and leadership styles on strategic decisions The decisions made by the managementà are a unique way of implementing it, so the decisions that are made by the, management impact the organisation. So it is essential for the strategic decisions to be made perfect in a way that it works out for the organisation as a success. At times if the Leadership of the organisation fails to make a perfect decision in the perfect manner then the strategies are falling apart and the targets of the goals that are been set are not been achieved .So the leadership is the core thing that has to formalise the strategies in such a way that the impact of the decisions that are been made in a success. The leadership should make such strategies in such a manner that the organisations various departments re able to achieve and work on it with efficiency. Evaluating how leadership styles can be adapted to different situations. Origin of strategic management is based on :- The traditional perspectives which involves theà Economic entity The resource based view of the firm itsà a collection of resources skills and abilities The stake holder approachà a network of relationships among the firm and its stakeholders Strategic Management:- Strategic Management is a is a process to establish priorities on what we have to achieve in the coming future for the organisation and the Leadership of the organisation is responsible for not only making it but implementing it to success Strategic managementà forces us to make a choice on what has to be done and what is not to be done, whereas the leadership is the one which decides on the same. Leadership helps to bring the entire organisation together for the achieving the targets. Whereas the strategic management helps to put the entire organisation in a single game plan so that they move ahead together in a same direction rather than helter shelter situation. So this helps in the execution of the game plan effectively which will be done with the effective leadership qualities of the management of the organisation We need to put down the guideline where the resources has to be allocated so that the allocated resources work out effectively in a success formula Nature of strategic management involvesà à A global perspective for the survival of the businesses One of the vital tools is an e-commerce The other important thing in it is the natural environment, which deals basically with the strategic issue. The nature of the leadership involves bringing the perspective to the The 3 stage process of it involves Formulation of strategy Implementation And evaluation Sm achives organisational success My Organisation of findings is Accommodation Times Accommodation Times was started by Mr. Murari Chaturvedi in the early eighties. It is the first real estate newspaper of India. The Idea behind this was a simple idea by the founder of this newspaper to start a fully dedicated newspaper for real estate in India. During this there were a lot of problems been faced by him, which saw Mr.Chaturrvedi to even give up his job of the prestigious Times of India Group Of newspaper. At present, Accommodation Times is one of the largest newspapers of Real estate newspaper in India. It covers various aspects of real estate, giving various dimensions to real estate in India. It is broadly been centralised from Mumbai but the subscription reaches all across the Indian State. It is been run by a very short but a dedicated staff involving the family members Mr. Murari Chaturvedi.It has been recognised by the former President of India Dr.Abdul Kalam for the work towards the Indian Real Estate Industry. It is published every two weeks. The current executive editor is Dr. Sanjay Chaturvedi; the chief executive officer is Ajay Chaturvedi The Goal of the Workers in the organisation is to bring about a proper knowledge of the Real estate to the uneducated Indian Real estate market. The organisation runs a series of development lectures and educates the industry people about the various factors that need to be looked into and learnt in the industry. There are various courses even been run by the organisation to teach the young guns of India about the vast scope and proper knowledge of Real Estate. The basic Idea of the Organisation if to make Industry recognition from the government of India and simultaneously highlightingà and educating the masses about the real estate industry. The core focus of the organisation still remains on the News of the real estate but during the years the focus has been shifted fromà time to time. Listing education of the industry, proper way of the channelizing the objectives and the functioning of the real estate sector of the industry. The Objectives of the organisation now also involves education, strengthening of the realtors, clean and efficient news. The conclusion The organisation is successfully implementing the strategies and the leadership is effectively working and polishing the complete team and is constantly working on the improvement of the organisation. The leadership has been constantly on the high standards. The leadership has been an example for the complete industry. The strategies which were been laid down during the inception of the Newspaper has been achieved succesfully.The leadership and the strategies laid down have worked efficiently and worked together in tandem. The skills that the leadership has brought about the success Task 2 2.1 Management and leadership theories in the organization Accommodation Times Management Leadership Concepts in the organisation:- In accommodation Times the Management and the leadership is focusing on the continueos expansion of the newspaper through the various means of the channel of the advertisemenst and anlso by improving the better standard of the the news that is imparted to the people or say the reader of the newspaper. The core focus of the management and the leadership is to focus on a time and time again on the spread of the knowhow of the real estate and giving more knowhow to the common man , so that there are more and more number of people that are in the habit of reading of the newspaper . The increase in the base of the readership only gives a brand value but the core finances that are being brought to the Newspaper are through the channel of the advertisements. As the advertisements cover the cost of the printing and even get the maximum profit to the newspaper. So following this strategy the newspaper has a core team which is designed under the leadership of the CEO Mr. Ajay Chaturvedi so that the hurdles are cleared very easily for the team. In this way the team gets a direct support of the higher management for their assistance so that whenever they look out for an answer or a help they get it through the Higher Management in the form of the CEO Mr. Ajay Chaturvedi. The Editorial team is focusing on bringing on those issues to light that are of a unique important to the common man who is reading the newspaper And on the other hand the Editor in chief is focusing on maintaining the dignity and maintaining the values of the organisation , so that never any values are being compromised for the sake of any monetary gains and any of the ethics that the newspaper has been following since the last 3 decades , that should not be compromised that is the main focus of the Editor in chief. In this was the organisation is having its concepts clear to each and every department and that brings about to the very good balance between the work of the Management the leadership theory of the organisation Most common theories used in the organization The three theories that are followed are:- Transformational leadership Transformational leadership is a leadership approach that is defined as leadership that creates valuable and positive change in the organisation. Transformational leadership is a type ofà leadership styleà that leads to positive changes in those who follow. Transformational leaders are generally energetic, enthusiastic and passionate. Not only are these leaders concerned and involved in the process; they are also focused on helping every member of the group succeed as well. (About .com phycology) In the organisation Accommodation Times the leadership plays a very vital role in the changes that the newspaper adopts and has seen over the last few decades since the the inception of the newspaper. The higher management has a good amount of the influence on the way to the others who are working in the organisation. So we can see such kind of leadership in the organisation Charismatic Leadership The Charismatic Leader gathers followers through dint of personality and charm, rather than any form of external power or authority. Charismatic leadership is leadership based on the leaders ability to communicate and behave in ways that reach followers on a basic, emotional way, to inspire and motivate. We often speak of some sports and political leaders as charismatic (or not) an example being John F. Kennedy. (From Wikipedia) In accommodation Times the leaders or say the higher Management are very charismatic in the way they get or approach to the lower management or even to their clients as well, so when it is looked in that the way the finances re been brought in the form of the advertisement are totally based on the charisma of the higher management and the leaders, if said to be precise. Emotional Intelligence:- Emotional intelligence is the aptitude, volume,à skill. A self-perceived ability to identify, assesses, and controls the emotions of oneself, of others, and of groups. Different models have been proposed for the definition of Emotional intelligence and there is disagreement about how the term should be used. Despite these disagreements, which are often highly technical, the ability and trait models (but not the mixed models) enjoy support in the literature and have successful applications (From Wikipedia) The organisation accommodation times also have a very subtle but effective approach on this theory as they have been involved in that true reporting and have been efficiently involved in the spread of the know how about the industry and the standards of the industry that are existing that they give to the common people to read and get aware about.in this way it is very evident that leadership Is following the emotional path or approach very subtle as they never succumb under the pressure of the newspaper advertises. 2.2 Leadership Strategy for sustenance of the Organisational guidelines:- There are very simple but effective approach that the organisation is following and the way it is been handled in the last few decades speaks for itself. The organisation follows the concept of spreading the knowhow to the common man in the city and the country, that what is the real estate and how it is effecting and how it is functioning in the country and the city. The organisational also follows the approach of true reporting and follows the guidelines to implement it so that it is never been compromised over in the functioning of the newspaper. The team works on the guidelines that are been laid down by the Editor in Chief since the inception of the newspaper. Assistance Theory:- The organisation is having a very good and open theory when it comes to approaching the different in the organisation. The CEO even function with the lower level of the management and even the lower level of the management has an environment in which they can approach to the various different departments in the organisation. SO at any time when anyone who is requiring any assistance then they get it directly. This maintains the way of working in a very efficient manner, as there is assistance for each and every one in the organisation whenever it is required and necessary. Team Leader Behaviour Approach in Accommodation Times:- The team leader of the organisation are very efficient and able to lead and represent the team and the industry as well, so there is a sense of relax environment in the organisation that whenever there is a assistance or the way the work is functioning in the organisation. So the way in which the behaviour approach in the organisation goes about to read it is very obvious that the team leaders in the organisation is going about to the way of their work or the guidelines that the various are following.Comapritavely it is very good leading environment in the organisation. Management Role Transactional Theory in Accommodation Times:- The role of the management in the Accommodation times is a very vital role been played in the organisation so that the smooth functioning of the newspaper is being carried on from time to time. The management plays a very vital role in pushing the lower level of the organisation for the work in the office. Also the Management pushes the financial generating in the organisation so that the newspaper is going on the path of success from time to time. Task 3 3.1 current leadership requirements Overview Current leadership requirements in Accommodation Times:- The organisation is focusing on spreading its wings and the subscription on the overseas market so that they can get a very good amount of the overseas advertises as well. As the patronage leadership is and has been focusing on the city and maximum to the country only and this has the middle level management, as the middle level is all set to expand its wings to the international level. The middle or to say the newer generation has a few different guideline that are to be followed in the expansion of the newspaper to the overseas market ,as there has to be certain values and the ethics that has to be compromised. So the editor and the editor in chief are very adamant to follow the change and the expansion with the compromising of the ethics and the values. So the team which is working on the expansion. Generic challenges are the challenges that the organisation is facing in the generic way, to learn this out we have to study the whole way of functioning of the organisation or say various types of challenges that arise. Few examples that can be told are like:- 1) Competition 2). Quality 3). Innovation 4). Retaining competent resources 5). Training 6). Reducing cost 7). System improvement 8). Increase sales, productivity 9). Customer Satisfaction 10).Value addition 11).Adapting changes A Virtual Organisation (VO) is a dynamic pool of distributed resources shared in a trusted way by a dynamic set of users belonging to one or more organizations. à In which major processes are outsourced to partners. Best it can be defined is a company is one whose members are geographically apart, usually working by computerà e-mailà and groupwareà while appearing to others to be a single, unified organization with a real physical location. Examples of few of the virtual organisation are Facebook Google Microsoft Wikileaks These are a few of the virtual organisation that are existing in the present times and are very famous as well. This type of organisation has given a very diverse effect in the current global environment. Diversity as a characteristic of the organisation goes further: one is only satisfied when not only the numbers are right, but also when everyones talents, input and assets are used, as a result of which the relevant organisation can serve a wider group of customers and become a stimulating workplace for all employees. Power theories there is a situation of established people and outsiders (as far as this organisation is concerned) the dominant or self-evident will be the norm (this how we do it here) and the minority is often described in negative terms as a deviation from the dominant, so forcing the minority party often to prove that his or her way of working is possibly different but need not necessarily be worse. Cultural differences Differences in culture often manifest themselves in the way in which people deal with instructions, arrangements, conflicts and leadership; all aspects which impact upon how smoothly a multicultural organisation runs. Apart from cultural differencesà as such there are dimensions which are connected to a class background, or sex of course, which also impacts upon how people experience the interaction between them. Identity theories Everyone hasà different identities:- A sexual identity (man/woman), an ethnic identity (black/ white/immigrant) but also for example a job identity. At which moment is one being addressed in which identity and foremost who determines this. Diverse workforce The reasons for promoting diversity are pretty obvious: to contribute to a fairer society, improve the quality of staff by reaching untapped pools of talent and to increase consumer confidence in a workforce that reflects the clients that it provides services. Some of these differences are relatively unproblematic such as eye colour and hairiness, while others cause us to consider carefully how we treat certain groups. Examples of the latter include education, culture, gender, language, socio-economic backgrounds, religion and sexuality, as well as ethnicity. A useful concept of diversity will therefore incorporate these differences. Ethnicity is certainly one of the most important types of diversity, both because of how closely people identify themselves with their ethnic origin and because of the large disparities in areas such as education and employment between different ethnicities. However, things are moving in the right direction. This is what Accommodation Times has noted down as in the form adjustments for a few employees:- If you have dyslexia and need extra time during assessments. If you use sign language we will make an interpreter available for your interview If you use a wheelchair or have limited mobility we can ensure your interview takes place in an accessible room If you have back pain and need to stretch we can provide breaks in an interview. The need for a diverse workforce is part and parcel of the human resource requirements associated with successful continuous quality improvement initiatives. A diverse workforce in which the contributions of each member-faculty, staff, or administrator, are respected and valued is an institutions most important asset. Such a workforce is able to synthesize a variety of perspectives and processes for the successful completion of tasks. Employers can build on established individual and group strengths and develop policies that create an environment to get the best out of each individual. Interim leadership:- Usually an Organisation leader retains the leadership until his or her successor takes over; however, in some situations this is not possible. This may be because the leader passes away or because a leader is forced to resign due to controversy or scandal before a convention can be organized because a leader is forced to recontest his or her leadership or because a new department is incorporated from existing organisations caucuses. Sometimes an outgoing leader decides to resign immediately in order to ensure organisational unity. This is because he or she has accepted an appointment or been elected to another position, or they have lost their seat in a general election and are unable or unwilling to attempt to contest. When a sudden vacancy occurs an interim leader is appointed by the organisations caucus or the chief executive. Changes in reporting and control Changes to the Reporting on Controls at an Organization have evolved over the years for many reasons including: changes in financial reporting to user organizations; changes in the control environments of service organizations; changes in the technology available to the service organizations and the requests of user organizations therein 4.1 Development and leadership skills:- Leadership development is one of those things that are often awfully hard to define but you know when you see it, and you definitely know when its missing.à Indeed Leadership is one of those areas about which a huge amount is said while at the same time leaving big questions hanging in the air unanswered. Essential Skills of Leadership development in the organisations Good Communication: Effective communication is a two-way process sending the right message, that is also being correctly received and understood by the other person/s. Being Articulate: Being articulate can be wonderful until you find out that society uses two languages. A second vocabulary has to do with symbolic meaning and not exact meaning. It is called words for words sake. For those who are never taught this mental illness can bring about a collapse of language as the mind enters the realm of confusion and fear Think On Your Feet:-the people in the organisation need to follow this line of thinking so as to that there is a smooth functioning and a clear understanding of the various views that are and will be raised on time to time basis. Humour: Humour is by far the most significant activity of the human brain.Humor brings insight and tolerance. Irony brings a deeper and less friendly understanding Flexibility. So this has to be understood by the leadership of the organisation so as to be very chirpy as well Integrity: Adherenceà toà moralà andà ethicalà principles in the organisation means that there is integrity in the organisation. Compelling Presence:-there should be a very effective and a good way of presence of the leadership and the various departments in the organisations, so as to maintain the smooth functioning of the organisation. That can only be achieved by the means of compelling presence 4.2 Report on the usefulness of the methods used to plan the development of leadership skills: Conclusion: Role of strategic management is much bigger than leadership and it can be said that leadership is involved to get the strategic goal defined on the behalf of company owner or share holder. Leadership is developed through the experience and development activities. A smart leader should have the ability to identify the current and future needs of the leadership.
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