Feminism, Essay Example | Topics and Well Written Essays - 1500 words

Feminism, - Essay Example While it is important to appreciate that these practices happen within a cultural context we then mirror the same aspects through the western culture and knowledge, global health, feminist and humanitarian perspective to come up with themes of similarity and contrast. â€Å"The Pain of Thinking too Much, dolor de cerebro and the Embodiment of Social Hardship among Nicaraguan Women† is the main article in this report. Yarris mentions about families whose sons and daughters migrate to Costa Rica, Panama, Spain and the U.S in search for work and better lives for their families. The migration of sons and daughters is equated to combating poverty and those left behind have to assume caregiver roles and responsibilities, which is often an added burden. The women worry over the security and safety of their children as they transcend borders using illegal means to gain entry. In Nicaragua, the economics of migration sees households making a decision of send one or more members to neig hboring countries to work as a strategy to increase the income and economic security. The capitalistic economies create inferior jobs under pathetic working conditions in order to remain profitable with nationals unwilling to accept working in these conditions. This line of thought perceives the economics of the well to do countries exploiting and destroying poor countries through social fragmentation (Yarris 230). While some contemplate genital female mutilation with horror, others exalt and translate the process as purification and to constitute an important part of shaping and defining feminine sexuality, aesthetic and religion. Amidst the pain and discomfort, there is pride, joy, satisfaction and emotional attachment with girls who undergo the practice as initiates. Both authors converge in similarity on how history and human society use pain as a social mechanism to manipulate women and transform their identity. Human beings spend most of their lives in pain or suffering. Pain and suffering can be viewed punishment, sacrifice, reward or destiny. Aristotle spoke of pain as passions of the soul and to this day, we associate these emotions with matters of the soul and spirituality. Social forces through social institutions, global systems and culture cause social suffering. This is as witnesses in horrifying inhuman global acts and the role of institutional policies in producing greater suffering to human beings. In the era of organized religion pain and suffering was attributed to superior powers. The gods would determine when, how, who, where and the kind of suffering to give to human beings as an indication of their displeasure. In Christianity, suffering is not considered a bad thing or experience, but an essential aspect to get closer to God. In eastern cultures, self-inflicted pain is a religious tradition and believed to be manageable (Walley 406). According to â€Å"Searching for Voices, Feminism Anthropology and the Global Debate on Female Genital Operations†, the worrier syndrome among Nicaragua women and genital mutilation as embedded in traditions may have serious effects on the health of populations. The older women suffer both mentally and emotionally as the worry and feel anxious for family members who are away especially if the person is a son, daughter or both. They are

Gender Language and Power Essay Example | Topics and Well Written Essays - 750 words

Gender Language and Power - Essay Example Body Various theorists have focused on how males and females differ in the usage of language, one such theory is the Dominance Approach, and this approach has figured out that the difference between language usage of males and females is caused due to the difference between the degree of power experienced by males and females. The approach states that women exhibit lack of power in their speech and they use language in accordance to the subordinate role expected from them by the society, where as males use language too clearly exhibit power and they clearly reflect the role of superiority assigned to them by the society. Robin Lakoff was one of the early researchers to determine the difference between the usage of language exhibited by both genders and the research even proved that this imbalance is caused due to difference in authority. Lackoff identified that the language used my females is consisted of characteristics that exhibits empathy, lack of swear words that can really hurt , very polite words, words that exhibit intensity, words that contain emptiness, words that request for opinion from others, opinions that lack affirmation. Words and phrases such as: oh my god, extremely beautiful, isn’t it the best? kind off, great performance. Lackoffs observation of how females use language clearly exhibits that women lack confidence. According to Lakoff’s observation, the society is dominated by males and in this society, women are considered as subordinates to males and thus the lack of authority in their speech is expected by the society and same characteristics are even expected by women while they conduct behaviors in social settings (WEATHERALL, p.57, 2002). Dale Spender’s study even clearly state that society views females as a subordinate to males and the language used by females is dominated by the authority and superiority of males and this is majorly witness able in male dominated society (CHRISTIE, p.121, 2000). Recent studies ha ve linked language usage of both the genders with the orientation of relationship, rather than authority and dominance. These studies have concluded that males use language and speech to transfer and receive information, where as females use language to conduct the process of interacting with others. The way males and females interact with same gender or different gender even depends on the groups they joined in their early life as kids. These studies further suggest that males and females use same body language or words with different meaning, for example males might nod their head while exhibiting acceptance and females might not to exhibit that they want to listen more or obtain more information. This approach is recognized as difference approach, this approach focuses on the different ways males and females use language. According to Tannen, conflict arises when males and females from different cultural backgrounds interact with each other as both the genders talk through their own cultural experience (LURIA, p.180, 2006). Tannen states that women use language in a way to create further connections and one the other hand males use language to exhibit their knowledge and abilities and to exhibit

Feminism, Essay Example | Topics and Well Written Essays - 1500 words

Feminism, - Essay Example While it is important to appreciate that these practices happen within a cultural context we then mirror the same aspects through the western culture and knowledge, global health, feminist and humanitarian perspective to come up with themes of similarity and contrast. â€Å"The Pain of Thinking too Much, dolor de cerebro and the Embodiment of Social Hardship among Nicaraguan Women† is the main article in this report. Yarris mentions about families whose sons and daughters migrate to Costa Rica, Panama, Spain and the U.S in search for work and better lives for their families. The migration of sons and daughters is equated to combating poverty and those left behind have to assume caregiver roles and responsibilities, which is often an added burden. The women worry over the security and safety of their children as they transcend borders using illegal means to gain entry. In Nicaragua, the economics of migration sees households making a decision of send one or more members to neig hboring countries to work as a strategy to increase the income and economic security. The capitalistic economies create inferior jobs under pathetic working conditions in order to remain profitable with nationals unwilling to accept working in these conditions. This line of thought perceives the economics of the well to do countries exploiting and destroying poor countries through social fragmentation (Yarris 230). While some contemplate genital female mutilation with horror, others exalt and translate the process as purification and to constitute an important part of shaping and defining feminine sexuality, aesthetic and religion. Amidst the pain and discomfort, there is pride, joy, satisfaction and emotional attachment with girls who undergo the practice as initiates. Both authors converge in similarity on how history and human society use pain as a social mechanism to manipulate women and transform their identity. Human beings spend most of their lives in pain or suffering. Pain and suffering can be viewed punishment, sacrifice, reward or destiny. Aristotle spoke of pain as passions of the soul and to this day, we associate these emotions with matters of the soul and spirituality. Social forces through social institutions, global systems and culture cause social suffering. This is as witnesses in horrifying inhuman global acts and the role of institutional policies in producing greater suffering to human beings. In the era of organized religion pain and suffering was attributed to superior powers. The gods would determine when, how, who, where and the kind of suffering to give to human beings as an indication of their displeasure. In Christianity, suffering is not considered a bad thing or experience, but an essential aspect to get closer to God. In eastern cultures, self-inflicted pain is a religious tradition and believed to be manageable (Walley 406). According to â€Å"Searching for Voices, Feminism Anthropology and the Global Debate on Female Genital Operations†, the worrier syndrome among Nicaragua women and genital mutilation as embedded in traditions may have serious effects on the health of populations. The older women suffer both mentally and emotionally as the worry and feel anxious for family members who are away especially if the person is a son, daughter or both. They are

Current Knowledge in Spatial Thinking in Geography Essay

Current Knowledge in Spatial Thinking in Geography - Essay Example Going by Eliot’s depiction, it is worthwhile to note that intellectual knowledge extrapolates far much beyond observational information or simple sensory. In the field of geography, this extension is well displayed partly in the various forms of representation. Such models become critical in summarizing, analyzing and interpretation to unpack spatial existence and relational traits (Bednarz & Lee, 2011). Towards the late 20th century, there has been a significant deviation in the nature of geographic knowledge. In its history as a discipline, geographic knowledge has been declarative, thus focusing on collection and representation of the physical and human occurrences based on existence. During this period, there has been a change from the inventory dominated practice. The new dispensation sought the creation of knowledge through the emphasis on cognitive demands. Such demands sought to address the questions as to why and how in addition to what and where tags that initially i nterrogated. Consequently, the accumulation of geographic knowledge has changed to item transformation, feature and distribution matching in real-time as well as item manipulation. Such a shift has enabled the solution of tasks such as understanding spatial co-linearity either in negative or positive orientations. Moreover, the logical, inductive and deductive inference has allowed for the recognition of geographic associations. This new way of reasoning and thinking, in turn, called for the development of new data, new representation methods, new modes of spatial analysis and interpretation. More importantly, the new thinking and reasoning required that geographers must consider multiple disciplines. Traditionally, the discipline of geography has provided numerous general education courses. Physical geography introduces students to systems of the earth including anthropogenic and physical factors that shape the earth. On the other hand, human geography provides an insight into the patterns of human activities in a range of scales. However, few of such general education aspects emphasize quantitative solving of problems and technology. Therefore, it is critical for geographers to inculcate aspects of spatial literacy and thinking in institutions of learning (Bednarz & Lee, 2011). According to Goodchild (2007), spatial literacy is the ability to capture and communicate knowledge in the form of a graphical representation and understanding, recognizing and interpreting patterns. With this regard, he points out that geography is not merely a list of places in the world. The value of geography can only be achieved by organizing and discovering information. Additionally, its worth as a discipline can be realized by comprehending such basic information as scale and spatial resolution. As pointed out in National Research Council (NRC) report, Learning to Think Spatially, it is paramount to fully equip next generation of students with spatial literacy so as to work and live in the 21st century. Ultimately, spatial thinking is an integral part of the success of the students. Living beings and their immediate surroundings are situated in space. Human-environment interactions must be comprehended in terms of locations, shapes, directions, distances, and patterns (NRC, 2006).  

The reign of James I Essay Example for Free

The reign of James I Essay (a) Explain briefly the financial policies of James I (b) To what extent was finance the main problem in the reign of James I Finance was at the centre of James disputes with Parliament. After his move from king of Scotland, James overestimated Englands wealth. He spent a great deal of money on Elizabeths funeral and when the ambassador of Spain came to England, he was sure to highlight the countries riches. Parliament did not give James more money. Consequently, he was forced to resort to impositions. Salisbury came up with a great plan called the Great Contract. This meant that James would give up his feudal rights in return for à ¯Ã‚ ¿Ã‚ ½200,000 a year. However, parliament failed to disagree with this idea, if James had enough money to rule without Parliament, he would. This refusal may have led to major dispute. Luckily, James strayed from the idea himself as he feared that high inflation would leave à ¯Ã‚ ¿Ã‚ ½200,000 a small fee for his feudal rights. As was stated earlier, One of James most influential problems with Parliament was finance. However, this was not the only problem that he encountered with Parliament. Some of the most influential disagreements between the King and Parliament were the Divine Right of Kings and the right of Parliament to represent public opinion. James was very competitive and liked to win arguments, he often used his title to win battles with Parliament and matters often resulted in being matters of principle. However, Gentry became wealthier and more powerful and they became determined that Parliament would be protected and then maybe expanded. Real problems begin with foreign policy when the Thirty Year War broke out. This was a Europe wide war between Catholics and Protestants. James son in law was in the centre of the conflicts. He was a protestant King who lost his country due to self greed. Parliament wanted James to support his son and daughter in law and his country by supporting the protestant cause. This left James in a predicament. He wanted to receive the money he would need to fight the war against Spain and the holy Roman Emperor, whilst hoping to avoid war by marrying his son, Charles, with the Spanish Infanta. Thus resulting on added pressure on the Roman Empire to give the elector of Palatinate his land back. James handled the difficult issue of religion fairly well and it was not the cause of major disputes between himself and Parliament. The problem came when James inherited the Anglican Church. It contained Puritans that wanted the church to loose all traces of Catholicism and it also contained Armenians who favoured many of the Catholic ideas. James met with the Puritans at Hampton Court in 1604. James did not give way to their ideas and the meeting resulted in the issue of a new Bible. The puritans wanted to get rid of the Kings bishops so that the Church would not be under the Kings control. James refused and made them do things the way the church was already. At first James was lenient towards Catholics, maybe due to his mothers Catholic ways, suspending fines that punished Catholics for not attending the Anglican Church. However, Parliament interfered and the decision was reversed. This tougher line with the Catholics led to the Gunpowder plot, with included a plot on James life. This also resulted in armed revolution from overseas Catholics. This proves that finance was a major ingredient in the ever present boiling pot of disputes between James I and Parliament but it was not the only ingredient. James handled many issues with Parliament fairly well; however, finance was a particularly difficult matter in which to find a balance, with James wanting more money and Parliament not prepared to give it to him. Subsequently, along with help and ideas from close staff, he managed to bear with the mess of finance but without the reality that England did not the riches that James believed, he would never excel in the issue.

Human Rights under Indian Law

Human Rights under Indian Law 1.3.4 Other Fundamental Rights (Unremunerated Fundamental Rights) A number of rights are not stated in the Covenant, are not even laid down in part III of the Constitution. In A.D M. Jabalpur V. S. Shukla[1] the Supreme Court by a majority of four to one, held that the Constitution of India did not recognize any natural or common law rights other than that expressly conferred in the Constitution. Though the attitude of the Supreme Court has changed especially after 1978. The courts on many occasions by accepting the rule of judicial construction have held that regard must be paid to International Conventions and norms for constructing domestic law. In Maneka Gandhi v. Union of India,[2] Justice Bhagwati in the Special Bench for the Supreme Court observed that: The expression ‘personal liberty’ in article 21 is of the widest amplitude and it covers a variety of rights, which go to constitute the personal liberty of man and some of them have been raised to the status of distinct fundamental rights and given additional protection under Article 19. No person can be deprived of his right to go abroad unless there is a law made by the State prescribing the procedure for so depriving him; and the deprivation is effected strictly in accordance with such procedure. The following rights are contained in the Covenant on Civil and Political Rights. They are available to the citizens of India through judicial decisions, even if and though they are not specifically mentioned in the Constitution. Right to travel abroad (Article 21): The right to travel abroad is a guaranteed right under Article 12 paragraph (2) of the Covenant on Civil and Political Rights. In Sathwant Singh Sawlmey D, Ramanathan, Assistant Passport Officer,[3] New Delhi, the Court held that the right to go abroad is part of an individual’s personal liberty within the meaning of Article 21, Right to privacy (Articles 21 and 19 (1) (d)): This right is stipulated under Article 17 paragraph (1) of the Covenant on Civil and Political Rights. In Kharak Singh v. State of Uttar Pradesh[4] it was held by the Supreme Court that the ‘domiciliary visits’ is an infringement of the right to privacy and is violative of the citizen’s fundamental rights of personal liberty guaranteed under Article 21. Right against solitary confinement Right to human dignity Right to free legal aid in a criminal trial Right to speedy trial Right against handcuffing Right against delayed execution Right against custodial violence Right against public hanging Right to health care or doctor’s assistance Right to shelter Right to pollution free environment Freedom of the press Right to know Right to compensation Right to release and rehabilitation of bonded labor Right of inmates of protection homes Thus we can notice that how the rights, whether formally enshrined or not, whether available to citizens or non-citizens, form such a palpable ingredient in being able to lead a life. Moving ahead, we can focus upon the rights and bills that are specifically concerned with child rights and encapsulated to guarantee assistance to child development. This study aims to focus on the issue of child trafficking; a concern deeply embedded in the larger canvas of human trafficking which broadly includes other than child. The Article 21 (A) of the constitution of India deals with the Right to Child Education included in the Constitution by the Eighty Sixth Constitution Amendment Act, 2002. In order to make the right to free and compulsory education for a child, the Constitution’s 83rd Amendment Bill 1997 was introduced in Rajya Sabha to insert a new article 21 A in the Constitution. However, the Bill was withdrawn on November 27, 2001. On November 28, 2001 the Constitution 93rd Amendment Bill 2001 was introduced and passed by unanimous vote in the Lok Sabha, and the on May 14, 2002 in Rajya Sabha with formal amendments as 86th Constitutional amendment. Before the Constitutional process started for making the right to education a fundamental right, the Supreme Court in J. P. Unnikrishnan and others v. The State of Andhra Pradesh[5] held that every citizen of this country has the right to free education until he completes the age of fourteen years. Indeed there is not a doubt that such a right if rightly enforced, could be directly or indirectly responsible for mitigation of many problems including trafficking. The detailed discussion of child rights and timely measures adopted to safeguard childhood will not be complete without the discussion of POSCO Bill. The President of India on June 12, 2012 assented the Act. . This Act was introduced to protect children from offences of sexual assault, sexualharassment and pornography and provide for establishment of Special Courts for trials of such offences and for matters connected therewith or incidental thereto. The very same consequences of child trafficking are dealt with in such laws. It can be well noted that Clause (3) of the Article 15 of the Constitution empowers the State to make special provisions for children and in India. The wellbeing of a child are regarded as being of paramount importance at every stage, as the law operates in a manner to ensure a healthy physical, emotional, intellectual and social development of a child. Further to monitor the implementation of the objectives enshrined in the constitution the Central Government has appointed a National Commission for Minorities, a National Commission for Scheduled Castes and Scheduled Tribes and a National Commission for Women. The National Human Rights Commission (NHRC) came into being in 1993 by virtue of the Protection of Human Rights Act. NHRC has become an agency to figure with, and has carved out a place for itself in the assortment of Indian national institutions for implementation of human rights. India is also a party to the United Nations Conventions on the Rights of the child, adopted on December 11, 1992 .The convention has prescribed a certain set of standards in order to ensure and secure the best interests of the child. India being a party to this convention, is obligated to follow all the set of standards in guaranteeing such safeguards to child/children. The State parties to the Convention on the Rights of the Child are required to undertake all appropriate national, bilateral and multilateral measures to prevent- inducement or coercion of a child to engage in any unlawfulsexual activity the exploitative use of children in prostitution or other unlawful activity the exploitative use of children in pornographic performances and materials This Act is enacted by the Parliament to be extended to all the parts of India, excepting Jammu and Kashmir. This brings our notice to laws and Acts that extends to even Jammu and Kashmir. India is also a signatory to the UNCRC which defines the age of a child i.e. below 18 years. Countries all over the world use this definition. A child between the ages of 0-18 years is not allowed to vote, sign a contract or engage a lawyer. The Juvenile Justice Act enacted in India in 1986 (which was enacted in Jammu and Kashmir too by 1997, and the rules adopted in Jammu and Kashmir by 2007) came as beginning of the Juvenile Justice (Care and Protection of Children)Act 2000. The Juvenile Justice (Care and Protection of Children) Act 2000 is the primary legal framework for juvenile justice. The Act provides for a special approach towards the prevention and treatment of juvenile delinquency and provides a framework for the protection, treatment and rehabilitation of children in the purview of the juvenile justice system. This law, brought in compliance of Child Rights Convention 1989, repealed the earlier Juvenile Justice Act of 1986 after India signed and ratified Child Rights Convention 1989 in year 1992. This Act has been further amended in year 2006 and 2010. Technically even though this Act talks about Juvenile only , it is nevertheless essential in our study of child trafficking for this age group which according to India, are also highly targeted and disregarding the technical and formal description of age, this age group (16-18) ends up being a vulnerable target to human trafficking. The Juvenile Justice (Care and Protection of Children) Act is considered to be an extremely progressive legislation and Model Rules 2007 have further added to the effectiveness of this welfare legislation. However the implementation is a very serious concern even in year 2013 and Supreme Court of India is constantly looking into the implementation of this law in Sampurna Behrua Versus Union of India and Bachpan Bachao Andolan Versus Union of India. In addition to Supreme Court, various High Courts in India, specifically Bombay High Court and Allahabad High Courts are also monitoring implementation of JJ Act in judicial proceedings. In order to upgrade the Juvenile Justice Administration System, Government of India launched Integrated Child Protection Scheme (ICPS) in year 2009-10 whereby financial allocations have been increased and various existing schemes have been merged under one scheme. 1.4 Other Measures of Protection of Human Rights under Indian Law The Protection of Civil Rights Act, 1955 Suppression of Immoral Traffic in Women and Girls Act, 1956 Maternity Benefit Act, 1961 Dowry Prohibition Act, 1961 Equal Remuneration Act, 1976 Bonded Labour (Abolition) Act, 1976 Employment of Children Act, 1938 (Amended in 1985) The Child Labour (Prohibition and Regulation) Act, 1986 Juvenile Justice Act, 1986 Indecent Representation of Women (Prohibition) Act, 1986 Sati (Prevention) Act, 1987 The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 The National Commission for Women Act, 1990 The National Commission for Minorities Act, 1992 The National Commission for Safari Karamcharis Act, 1993 The National Commission for Backward Classes Act, 1993 The Mental Health Act, 1993 1.5 Fundamental Duties and Human Rights Part IV(A) of the Constitution vests the Fundamental Duties of every Indian citizen (Article 51-A). This clause was inserted by 42nd Amendment 1976. The duties are to respect the Constitution and its institutions, to live by the noble ideals of the freedom struggle, to protect the sovereignty and integrity of India, to defend the country, to promote communal harmony, to renounce practices derogatory to the dignity of women, to preserve the cultural heritage, to protect and improve the natural environment, to have compassion for living creatures, to develop the scientific temper, to safeguard public property and abjure violence and to strive towards excellence in all spheres of individual and collective activity. In 2002 The Eighty- sixth Constitutional Amendment inserted a new clause (k) in Article 51(A) making it the duty of parent or guardian to provide opportunities for education to his child or as the case may be, ward between the ages of 6 and 14 years. In the subsequent years it appeared that parts III, IV and IV (a) of the Constitution are heavily depended upon the judiciary for their interpretation and application. The various ‘reasonable restrictions’ clauses mentioned in Part III, Article 21, and the rarely used Part IV-A have given the judiciary ample scope for reviewing the administrative and legislative action. Infact, Article 21 has allowed judicial institutions to act as a catalyst in pushing the State to implement the DPSPs with respect to the â€Å"life and personal liberty.† 1.6 Directive Principles of State Policy and Human Rights The non-enforceable rights in Part IV of the Constitution are mainly those of economic and social in nature. However, Article 37 makes it clear that despite being non enforceable it does not weaken the duty of the State to apply them in making laws, due to their fundamental nature. Additionally, the innovative jurisprudence of the Supreme Court has now read into Article 21 (the right to life and personal liberty) many of these principles and made them enforceable.[6] Reading in nutshell we can find that they demarcate the duties of the State, i.e. encompassing securing a social order with justice, social, economic and securing for â€Å"the citizens, men and women equally† the right to an adequate means of livelihood. (Article 38). They directdistribution of ownership and control of community resources to subserve the common good., prevent concentration of wealth and means of production to the common detriment , secure equal pay for equal work for both men and women, prevent abuse of labor, including child labor , ensure child development , ensure equal justice and free legal aid organize village democracies (Article 39). In Article 40, constitution sates the provision of the right to work, education and public assistance in case of unemployment, old age sickness and disability. Article 41 vests provision of humane conditions of work, whereasArticle 42 entails the living wage and a decent standard of life and so on so forth. Hence it can be witnessed that these directives aim to include the indispensable provisions for development of child and education for children amongst the other essential directives i.e. to provide for human rights and decent standard of living. 1.7 Political Rights and Human Rights India being the largest representative democracy in the world is based on universal adult suffrage, providing every Indian of at least eighteen years of age the right to vote. The Constitution of India provides for direct elections to the House of the People of the Central Parliament, i.e. the Lok Sabha and the State [Provincial) Legislative Assemblies, once in every five years.. The right to vote, the; right to contest elections, and the conduct of elections are all governed by the Constitution (Part XV) as well as special laws like the Representation of the People Act, 1951. 1.8 Judiciary and Human Rights The vanguard of human rights, the Judiciary is one of the three organ of Government in India. It performs this function by innovative interpretation of the constitution with regard to the human rights provisions. The Supreme Court in the case Ajay Hasia v. Khalid Mujib[7] declared that it has a special responsibility, â€Å"to enlarge the range and meaning of the fundamental rights and to advance the human rights jurisprudence.† The Supreme Court of India and the State High Courts have unequivocal powers under the Constitution to enforce the fundamental rights and it has liberally interpreted these powers. The major contributions of the judiciary to the human rights jurisprudence have been two-fold: (a) The substantive expansion of the concept of human rights under Article 21 of the Constitution, and (b) The procedural innovation of Public interest Litigation. 1.8.1 Expansion of Article 21 Article 21 remains the core concern in our discussions of human rights and it is essential to read it in much details. Article 21 reads as follows, – â€Å"No person shall be deprived of his life or personal liberty except according to the procedure established by law.† The expansion of Article 21 of the Constitution has taken place in two respects: The expression â€Å"the procedure established by law† was interpreted in the case A.K. Gopalan v. State of Madras[8] in the year 1950, the very first year of the Constitution, the Supreme Court in, reflecting on the intentions of the Constitution-makers, held that â€Å"procedure established by law† only meant that a procedure had to be set by law enacted by a Legislature. This phrase was deliberately used in Article 21 in preference to the American â€Å"Due Process† clause. Three decades later, in Maneka Gandhi v. Union of India case, the Supreme Court noted that â€Å"the Supreme Court rejected its earlier interpretation and holds that the procedure contemplated under Article 21 is a right, just and fair procedure, not an arbitrary or oppressive procedure.†[9] The procedure, which is reasonable and fair, must now be in conformity with the test of article 14 — â€Å"in effect it has become a Due Process.† There is no doubt that the experience of National Emergency (1975-1977) prompted the court to go all out for vindication of human rights. Since Maneka Gandhi’s case, every case of infringement of rights by the Legislature has undergone judicial scrutiny in terms of the new guideline laid down by the Supreme Court of India. Further, this case led to the establishing of the due process norm, which included rights like, right to claim legal aid for the poor and the right to expeditious trial etc.[10] The judiciary interpreted ‘the right to life and personal liberty† to comprehend all basic conditions for a life with dignity and liberty. The judiciary has interpreted the word â€Å"Life† to include the right to possession of each organ of one’s body and a prohibition of torture or inhuman or degrading treatment by Police. In the Francis Coralie Mullin v. The Administrator, Union territory of Delhi[11] case, the Supreme Court held that â€Å"life† couldn’t be restricted to mere animal existence, or physical survival. Hence it can be summed up that the right to life means the right to live with dignity and availing the basic necessities of life such as adequate nutrition, clothing, shelter and facilities for reading, writing and expressing oneself. Many cases in High Courts and the Supreme Court often revealed â€Å"a shocking state of affairs and portray a complete lack of concern for human values.† . Justice Bhagwati held â€Å"if a person is deprived of his liberty under a procedure which is not ‘reasonable’, ‘fair’ or ‘just’, it would fall foul of Article 21. The following cases will through light that how time and again this Fundamental right has come to the rescue during the violation of Fundamental Rights. In Deoraj Khatri v. State of Bihar [12]case the Police brutality was raised in which 80 suspected criminals were brutally blinded during Police investigation (Bhagalpur Blinding case). The Supreme Court condemned it as a â€Å"barbaric act and a crime against mankind.† Where as in Sheela Barse, The State of Maharashtra case, the Court was heard the plight of custodial violence against women and in judgment it laid down certain guidelines against torture and ill treatment of women in Police custody and jails. The Supreme Court has held a right to monetary compensation for deprivations of the right to life and liberty suffered at the hands of the State under Article 21. In, Paramanand Katra v. Union of India, The health problems of workers in the asbestos industry led the Supreme Court to rule that the right to life and liberty under Article 21 also encompasses the right of the workers to health and medical aid.[13] [1] A.I.R. 1976 S.C. 1207 at 1293 [2] A.I.R. 1978 S.C. 597 [3] A.I.R. 1967 S.C. Delhi 1836 [4] A.I.R. 1963 S.C. 1295 [5] A.I.R. 1993 S.C. 645 at 733. [6]Justice Sujatha V. Man3har, Judiciary and Human Rights, Indian Journal of International Law (Vol. 36, Nc1.2, 1996): 39-54. [7] A.1.R .I981 S.C. 487 at 493. [8] A.I.R. 1950 S.C 27 [9] A.I.R. 1978 S.C. 597 [10] [11] A.I.R.98.1. S.C . 746. [12] A.I.R. 1981 S.C. 928 [13] A.I.R. 1989 (4) S.C.C. 286.

Crime and Punishment Essay -- social issues

Crime and Punishment Crime for what, and punishment for whom? May happens in a park and maybe in a room! Maybe at night or afternoon, here or there or close to the moon. A man who makes a crime may be a tycoon or maybe just a vagrant without a small home. Now the problem is for what, for whom do a little vagrant or a tycoon want to be a prisoner or a dark moon? Making crimes comes as a result of many various things in life. The first and the greatest one is called money as the old expression that says â€Å"Money is the root of all evil†, As many people who are in need of money makes different types of crimes just to gain that money, however it’s coming through a wrong way. The second one and the most popular in Egypt is revenge by neglecting the police since people try to fix their problems themselves. So, despite the payer, crime is called crime but in many different ways. Poor people make some small crimes because of money. They may steal people or may do hacking on the internet to gain what they want. Some of them used to be beggars, others were workers but non of them was born as a criminal. I don’t say they have the right to do this because they were born poor, but they have to work hard to gain money and respect. Well, poor people who have aim in life could be rich without a small crime, but hard work is needed. Not only poor people make crimes, but also rich people do so. Although they are already rich, they gather money through many ways against law. They steal, murder and do many other crimes against humanity. They can make factories to gain money nonetheless they prefer to gather lots of money through some faster ways such as drugs trade. Rich people want to increase their wealth by making crimes instead of making useful projects. Crimes were extremely destructive in the middle ages due to many things. First, many people didn’t believe in God existence. Second, A huge numbers of them didn’t believe in morals at all. Third, civil wars were widespread all over the world. People in the middle ages were seeking for food and shelter. So, they did every types of crimes to get food and shelter which are the most requirements for human being. People in the middle ages were really forced to make crimes in their hard era as there was no actual existence of law. Crimes exist too during the age of the industrial revolution as people contend for man... ...nk that those persons with their dreadful crimes don’t have the right to live side to side with other peaceful people. Global crimes are considered the most destructive crimes. One of the most global crimes that all people do is increasing the ozone hole as a result of the huge amounts of toxic gazes evolving from cars and factories. Second, the coming disaster that humanity would face which is human cloning that is considered a monster trying to destroy the human species. Some great countries are trying to put an end to the first problem, but the second is still getting wider and wider without a considerable action done by the governments of those civilized countries. So, we need great punishments to put an end to those global crimes that would destroy the universe. Generally, crimes are considered the biggest problems in our daily life. All classes of people make crimes but non of them has the right to do this. Crime is a bad phenomena that appeared in all ages and till now. The punishments on these crimes are each according to its crime, in a way that makes criminals think carefully before doing crimes as they are afraid of the punishment. So, each crime has a punishment.