Evatuation argument Essay Example | Topics and Well Written Essays - 750 words

Evatuation argument - Essay Example Contrary to the expectations, Minh Dang’s parents started molesting her at the tender age of three and she was later on traded in brothels to sustain her parents’ incomes against her will. On the other hand, Maria Suarez’s parents tricked her in sexual slavery by sending her to attend a job interview for the position of a house help where she was in turn held hostage (Sher 89). The argumentantive approach indicates that Abby Sher’s short stories succeed in evaluating the mayhem that faces people subjected to sexual trafficking, but it is evident that she fails to include the actions undertaken by other members in the society to halt the anti-social behavior. The author’s study presents Minh Dang’s bibliography in the form of a story, which acquaints knowledge to readers from different demographic groups about the types of experiences condoned by the society as things of the past, but yet in prevalence and harmful to the young women and men. For instance, the fact that Minh Dang faced sexual harassment from her father from the age of 3 years is an indication that ignorance in the society has provoked the prevalence of the inhuman practices (p. 15). Therefore, the author’s approach in the subject of sex trafficking to the different recipients of the messages deciphers the intended understanding to intelligently identify the unethical relationships whenever they exist (Hanes 1). According to McSwane David, child trafficking remains a prevalent in the American society with the administration acting slowly to halt the continuity of the menace. Abby Sher succeeds in informing the society that the Maria Suarez and Minh Dan g’s family members with whom the children trusted exposed them to the harmful trade against their consent. When reading the stories about the two victims, it is evident that they were incapacitated to act in accordance to their constitutional rights because of the physical and mental torture they would face

How and When We Use ICT Essay Example for Free

How and When We Use ICT Essay The communication system in the world is essential to modern day life. This may include mobile phones or normal household phones, which instantly allow someone to hear another persons voice from anywhere around the world, after you code in the required phone number. This saves a great deal of hassle, time and money as there no or less need to actually visit the person speaking. Furthermore, a mobile phone, performing the same tasks can be used, which can be taken anywhere and is wireless. Also with the mobile phone, instead of talking to another person, messages could be sent known as text to whomever, saving more money and time. Similarly the modern day internet- with the e-mail system, could be used, to anyone or any company around the world who also posses e-mail addresses. Again, the communication is very fast and better than mobile phone text, the information is free, easier and more of it can be sent across the world. At Howards Health centre, the communications system would be essential, as it is to modern day life. All the stock, financial systems and even customer services will require the use of these systems. These, obviously come into vital use for our company and our staff. Firstly these different methods of communication can and will be used in this company. Whether through the internet, txt message or simply talking over the mobile phone, these will all come into demand. It replaces the need of counting on unreliable snail mail which has many disadvantages, such as the speed, consistency and the time spent in order to gain something from this method. The usage of CD-ROMS has become more than common. These are readily and cheaply available in all modern day stores and retailers, becoming useful for a variety of different reasons. CD-ROMS in the form of Digital Versatile Disks (DVDs), have nearly completely replaced and taken over the famous video, displaying movies, films and other TV related programmes. Furthermore, CD-ROMS are increasing popularity, due to the demand and popularity of different types of software that would be vital for our company to have. The popularity of these CD-ROMS is increasing so rapidly that they now are included in free samples that come to the post. Howards Health centre will use the CD-ROM to make use of the software that our system needs via the CD-ROM. It also would help promote our company through advertising our goods with maybe a free CD-ROM. Also we may use CD-ROMs to store backup files, incase of a breakdown. Furthermore, to offer training to our employees of how to use various programmes on the computer, we will need the aid of a CD-ROM Another use of ICT in stores and companies such as ours is with the everyday usage of bar codes especially helpful for shops and other big stores. These are used to display the unique identities of any product which can be stored into shop computers to keep track of there own products. The benefits of bar codes are immeasurable. The most prominent of reasons include: that there is less risk of fraud and there is Quicker service in shops, for the bar code is used to display the identity and price of a product. Furthermore this method is relatively easy to use and requires little training to learn. Therefore the products sold by Howards Health centre will have the bar code on medicine and other medical facilities. The internet is increasing popularity for online shopping. In this world today, many people who are mainly occupied or too ill to go out to the supermarkets, use the internet to shop. This is an easy, quick and reliable way of shopping as the stock is delivered promptly to your doorstep. Also as this method requires little effort and is increasing in popularity, more and more varieties of goods can be brought over the internet, especially those that might be harder to purchase otherwise. However, there are many drawbacks to this method. For example, this method of shopping can create and increase health problems, as it cuts out the need of walking to the shops or the supermarket. Also it increases the risk of fraud as credit card details and other personal information may easily released into the dangerous world wide web, Electronic Funds Transfer Point of Sale (EFTPOS) technology, allows money to be paid through credit cards at tills that accept them. This involves a credit card having unique identity and direct access to the owners account, to be inserted into one of these tills, where the price of the items is taken from the bank. This greatly decreases the risk of burglary of money and stops any inconveniences caused by the carrying of money in your pocket. However, this method is not perfect as it is prone to credit card fraud and these cards can easily be lost. Furthermore, using this way for paying money makes the user less aware of the quantity of money that they spend, increasing the risk of debt and overdraft. Electronic Point of Sale (EPOS) is similar to the other method. This ensures the electronic transfer of funds at the point of sale. It used at the checkouts to provide the customer receipt and, at the same time, update the items in stock. This process is automatic, requiring little human endeavor and assistance. With the introduction of new technology, our company will start using an easier method of shopping- shop online, replacing the typical and traditional method of using our legs and arms! We also would use computers to send e-mails and for entertainment purposes using CD-ROM gaming. These games have special 3-D effects and other griping effects that keep the user interested. It is also used with interactive television. Before people had access to only four or five channels, which for the telle addict would get intimidating. With interactive television, up to 800 channels, giving a much more interesting range of channels and topics. Howards Health centre by providing them with information, education and entertainment for a variety of subjects that may be useful to this company, the staff the and the whole of Brownsville Sage payroll is a commercial system that can be brought, to automatically calculate the employers wages. It is a very quick, easy and accurate method to calculate the wages of the employees. We may make use of this in Howards Health centre, especially in the near future, once the hospital is up and running. Also this provides businesses with support and advice which obviously will come helpful. Our method, using the computer, is slightly harder to use and needs more human assistance and training. Also this method is more prone to mistakes and is less professional. However, it is cheaper to use, easier to set up and it suits the job as it is a small health centre. Working practices will obviously have to change in Howards Health centre, thanks to the newly introduced computerized system. The old typewriter, handwritten letters, huge filing cabinets and much more will have to go now the computer is introduced. The average Howards Health centre employee will have to get used to using the computer, and will find it very useful. The need for letters and stamps taking days if not weeks to come will be mostly replaced by the e-mail system taking seconds to send large amounts of info across the world. Internet shopping will reduce the need for our staff to actually go out and by the clothing and stock. Data will now, and in the future, is stored within this system that will take up far less room than before. Remember, these various hi tech systems can only be accessed by individuals and companies who have the means of accessing these technologies, like Howards Health centre. These technologies are relatively expensive to own, and thus, are mainly accessible to the industrialized and MEDC countries. These countries posses various forms and resources in order to use these systems effectively. Thus, countries that are in the developing/third world simply do not have the financial resources to implement these systems. With this revolution of our system, we will need to train the staff to use these systems. This will take time and cost money. Also we will have to find qualified teachers, which will again be a hassle. Our staff will be trained in using the computer, software and performing the necessary tasks. The trainees will also need to be aware of the law and various different acts. For instance the data protection act which provides legislations to protect data released onto the computers, especially personal data. Also the employees must be aware of privacy and copyright. It is essential that the workers should be aware of other moral implications of using ICT. Our staff must be aware of undesirable material and the misuse of computers at work. ICT systems can easily crash. In this process, all too easily, many data can be lost, and sometimes not retrieved. This often happens with unsaved data, say when there is a power cut, this data will be lost. This problem can be overcome in a variety of ways. Obviously, the primary way would be to always regularly save the data, where programmes can be loaded onto the system that will automatically save a copy of the data so that it is not lost. Also various retrieval programmes can be used, which when the user switches off with ought to saving the work, or the computer crashes, the system will automatically have a record of there work. In the long term, data backups are used, in the form of CD-ROMS or various other storage mediums, which can act as backup devices. Also, the internet can be used, where work may be uploaded on say a website, incase of a crash. Another disadvantage of using these systems, which will imply in Howards Health centre, is the various health problems they pose. Usage of the computer and to communicate via e-mail can take long to accomplish. Usage of this method of communication, along with text messages can cause eye and neck strain, aswell as a host of other problems. Using the mobile phone, although not posing a significant health risk can cost a lot of money, especially when calling when most needed- peak time. Again training and teaching about these various health problems, and how to avoid them, would help overcome this problem. Despite the expenses and hassle of training and teaching the employers, it undoubtedly would be money well spent. For ultimately the health and safety of our employers comes first.

Geotechnical Engineering Properties of Soils Tests

Geotechnical Engineering Properties of Soils Tests Jump to: Advantages and Disadvantages of SPT Standard Penetration Test Advantages and Disadvantages of Cone Penetration Test Advantages and Disadvantages of Shear Vane Test Advantages and Disadvantages of Wash Boring Advantages and Disadvantages of Percussion Rig Boring Advantages and Disadvantages of Rotary Auger Boring During the SPT, it was possible to take disturbed and undisturbed samples using split barrel-sampler which were used for further laboratory tests. The in situ penetration test provides a soil sample for identification purposes and for the laboratory tests that allow the use of disturbed samples. The method of sampling soil consists of driving a split-barrel sampler to obtain a representative, disturbed sample and to simultaneously obtain a measure of the resistance of the subsoil to the penetration of a standard sampler. The test is conducted inside a borehole. A split spoon sampler is attached to the bottom of a core barrel and lowered into position at the bottom of the borehole. The sampler is driven into the ground by a drop hammer weighing 68 kg falling through a height of 76 cm. The number of hammer blows is counted. The number required to drive the sampler three successive 150mm increments is recorded. The first increment (0-150mm) is not included in the N value as it is assume d that the top of the test area has been disturbed by the drilling process. The SPT N is the number of blows required to achieve penetration from 150-450mm. The hammer weight, drop height, spoon diameter, rope diameter etc. are standard dimensions. After the test, the sample remaining inside the split spoon is preserved in an airtight container for inspection and description. Advantages and Disadvantages of SPT Standard Penetration Test ADVANTAGES Relatively quick and simple to perform Able to penetrate dense layers, gravel, and fill Equipment and expertise for the test is widely available In addition to overburden pressure and relative density the SPT N-value is also a function of soil type, particle size, and age and stress history of the deposit Provides a representative soil sample Provides useful index of relative strength and compressibility of the soil DISADVANTAGES The SPT does not typically provide continuous data, therefore important data such as weak seams may be missed Somewhat slower than other sample methods due to sample retrieval The basic problems to consider are change in effective stress at the bottom of the borehole, dynamic energy reaching the sampler, sampler design, interval of impact, penetration resistance count. Samples that are obtained from the SPT are disturbed. Cone Penetration Test (CPT) What is CPT? Cone Penetration Tests are conducted to obtain the cone resistance, the side friction and, if there is a piezocone, the pore pressure. The soil type can be determined by analysing these result the values can also be used in the design of shallow foundations through the estimation of stiffness and shear strength of cohesive soils. The cone penetration test (CPT) is a method used to determine the geotechnical engineering properties of soils and delineating soil stratigraphy. It was initially developed in the 1950s at the Dutch Laboratory for Soil Mechanics in Delft to investigate soft soils. Based on this history it has also been called the Dutch cone test. Today, the CPT is one of the most used and accepted in soil methods for soil investigation worldwide. Process CPT is static penetration test in which the device is pushed rather than then driven by blows into the soil. The CPT consist of cone which been attached to a rod that been protected by an outer sleeve. A 60o cone with face area 10cm2 and 150cm2 of friction sleeve is hydraulically pushed into the ground at a constant speed ranging from 1.5 to 2.5 cm/s about 80mm deep. The force required maintaining this penetration rate, and the shear force acting on the friction sleeve is recorded. The friction ratio gives an indication of the soil type. The CPT Soil Classification will be based on ratio of tip and sleeve resistance. The tip resistance will be high in sand and low in clays while the sleeve friction will be low in sands and high in clays. Advantages and Disadvantages of Cone Penetration Test ADVANTAGE Continuous data Reliable, repeatable test results DISADVANTAGES Inability to penetrate through gravels and cobbles Elimination of operator error Less populated database than SPT due to the new technology Lack of sampling SHEAR VANE TEST What is Shear Vane Test? The vane shear test is an in-situ geotechnical testing methods used to estimate the undrained shear strength of fully saturated clays without disturbance. The test is relatively simple, quick, and provides a cost-effective way of estimating the soil shear strength; therefore, it is widely used in geotechnical investigations. Under special condition, the vane shear test can be also carried out in the laboratory on undisturbed soil specimens however the use of the vane shear test in in-situ testing is much more common. Process The vane shear test is an in-situ geotechnical testing methods used to estimate the undrained shear strength of fully saturated clays without disturbance. The results of the test are not reliable if clay contains silt or sand. The vane shear test apparatus consists of a four-blade stainless steel vane attached to a steel rod that will be pushed into the ground. For a weak soils which has Cu less than 50 kPa, the size of the blade is 75mm wide x 150 mm long while for the slightly strong soils which has Cu between 50 kPa to 100 kPa, 50 x 100 mm blade should be use. The height of vane is usually twice its overall widths and is often equal to 10 cm or 15 cm. The test can be conducted either from the ground surface or from the bottom of a borehole or a test pit. If conducted from the bottom of a borehole, the test area should be should be at the depth of least three times the borehole diameter lower that the borehole bottom in order to avoid the borehole disturbance effects. The test starts by pushing the vane and the rod vertically into the soft soil. The vane is then rotated at a slow rate of 6 ° to 12 ° per minute. The torque is measured at regular time intervals and the test continues until a maximum torque is reached and the vane rotates rapidly for several revolutions. At this time, the soil fails in shear on a cylindrical surface around the vane. The rotation is usually continued after shearing and the torque is measured to estimate the remoulded shear strength. The undrained shear strength of the saturated soil is proportional to the applied torque and the dimensions of the vane. Advantages and Disadvantages of Shear Vane Test ADVANTAGES Rapid and economical test Reproducible results in homogeneous soils Inexpensive method for measuring clay sensitivity   DISADVANTAGES Limited to soft to stiff cohesive soils Field vane shear strength must be corrected Results can be affected by anisotropic soils, sand lenses, shells, and seams BORING WASH BORING What is Wash Boring? A popular method to drill larger size holes in soft formations. Casing with a casing crown attached is rotated into the ground and water is used to flush out the drilled formation. It is one of a boring system by which material loosened by a bit is borne to the surface in the annular space between the bit and casing by water forced down through the pipe bearing the bit Process For test boring over 3 meter in depth, this method can be conveniently used. In this method a hollow steel pipe known as casing pipe or drive pipe is driven into the ground for a certain depth. Then a pipe usually known as water jet pipe or wash pipe, which is shorter in diameter, is lowered into the casing pipe. At its upper end, the wash pipe is connected to water supply system while the lower end of the pipe is contracted so as to produce jet action. Water under considerable pressure is forced down the wash pipe. The hydraulic pressure displaces the material immediately below the pipe and the slurry thus formed is forced up through the annular space between the two pipes. The slurry is collected and samples of material encountered are obtained by settlement. In this process the particles of finer material like clay, loam etc. do not settle easily and the larger and heavy particles of the soil may not be brought up at all. Moreover, the exact position of a material in the formation cannot be easily be located. However the change of stratification can be guessed from the rate of progress of driving the casing pipe as well as the color of slurry flowing out. Yet the results obtained by wash boring process give fairly good information about the nature of the sub-soil strata. This method can be adopted in soft to stiff cohesive soils and fine sand. Advantages and Disadvantages of Wash Boring ADVANTAGES Can be used in difficult terrain Low equipment cost Used in uncased holes DISADVANTAGES Depth limited to about 30m Difficulty in obtaining accurate location of groundwater level. Undisturbed soil samples cannot be obtained. PERCUSSION RIG BORING What is Percussion Rig Boring? Percussion Rug Boring is widely used in UK. Percussion drilling method of advancing a boring is of common use in drilling water wells. This method consists of breaking up of the sub-strata by repeated blows from a bit or chisel. This type of boring can make a borehole up to 150 mm 300 mm diameter and depth up to 50 60 m. However this method is not recommended for loose sand or clayey soils. Process This method consists of breaking up of the sub-strata by repeated blows from a bit or chisel. Percussion methods start by raise up the tool assembly by the winch to 1 m above the bottom of the hole. It allows the tool assembly to fall under its own weight to drive the cutting tools into the soil. The material thus pulverized is converted into slurry by pouring water in the bore. At intervals the slurry is bailed out of the hole and dried for examination. The slurry will be removed by bailers or pump. After that, tool will be raise to surface when the cutting tools are full of soil to obtain undisturbed sample. This method can be adopted in rocks and soils having boulders. In general, a machine used to drill holes is called a drill rig generally power driven, but may be hand driven. A winch is provided to raise and lower the drilling tools into the hole. Advantages and Disadvantages of Percussion Rig Boring ADVANTAGES Simple to operate and maintain Suitable for a wide variety of rocks Operation is possible above and below the water-table It is possible to drill to considerable depths DISADVANTAGES Slow, compared with other methods Equipment can be heavy Problems can occur with unstable rock formations Water is needed for dry holes to help remove cuttings ROTARY AUGER BORING What is Rotary Auger Boring? A drill bit is pushed by weight of drilling equipment and rotated by a motor. This drilling method with mud pump for flushing can be direct circulation and reverse circulation, with tricone bit and drag bit Nevertheless, the torque is relatively critical for this drilling method. It is widely used in soft to medium hard ground conditions. This type of boring machine can be also use for piling works. It can bore the hole up to depth of 50 m and diameter of 300 mm to 2 m. Process When rocks or hard pans are to be penetrated for examination, core drilling is done to get undisturbed samples of the formation. In this process a hole is made by rotating a hollow steel tube having a cutting bit at its base. The cutting bit makes an annular cut in the strata and leaves a cylindrical core of the material in the hollow tube. Two types of cutting bits are generally used, namely, diamond bit and shot bit. Diamond bit consists of industrial diamonds set in the face of the bit and in shot bit, chilled shot is used as an abrasive to cut the hard pan. When core samples of small diameter are needed, diamond bit is preferred. There are two main type of rotary auger boring which are: Bucket Auger Consists of an open- top metal cylinder with cutter mounted on a baseplate as the soil is cut, it passes into the bucket, which is then raised and emptied at intervals. Can be used in frim soil. Not suitable for cohesionless soil below water table. Flight Auger Short flight Simple flight Continuous flight Advantages and Disadvantages of Rotary Auger Boring ADVANTAGE Quick Drill through any type of soil or rock Can drill to depths of 50 m Undisturbed samples can be easily recovered DISADVANTAGE Expensive equipment Terrain must be accessible to motorized vehicle Difficulty in obtaining location of groundwater level Additional time required for set-up and clean-up

Presentation on Natures Representation as a Woman :: Nature Gender Sex Female

Outline Style Presentation Nature being represented as woman â€Å"Nature is like a woman who enjoys disguising herself, and whose different disguises, revealing now one part of her ad now another, permit those who study her and assiduously to hope that one day they may know the whole of her person† (Diderot) Why this is an interesting topic? Often saw references of nature with N and sounded like a proper name sometimes. The connections between nature and the female form. Connect the romantic period with the start of feminism and the new strategies and approaches theorists and philosophers and writers are taking now. 4 Possible Theories for connecting women with nature 1) Descending from precursory languages such as Anglo-Saxon (Old English), Italian, Spanish, Latin, Greek and French. 2) Based on the qualities generally associated with women and differences between gender roles 3) Connection between Woman and Nature and the life cycle 4) Biblical references 1) Languages with gendered nouns Old English: gecynd Latin: la natura Italian: la natura French: la nature Spanish: la naturaleza Greek: Æà ÃÆ' · All are gendered as female. Could be initial cause for why we tend to consider nature as female. 2) Gender Role of Woman - Nature is feminized because it is seen as possessing the same qualities as women at the time when most of the romantic writing was produced - Women were seen as being domestic, pious, moral, pure, gentle, kind, graceful, simple and beautiful; this was according to the nature of separate spheres: men and women were fundamentally different in terms of their characteristics as men were seen as hard-working, industrial, rational, assertive, independent and proud; none of which is easily connected with nature - Therefore nature was seen as the embodiment of all the characteristics that women possess and there are frequent references to this in literature, especially poetry eg. â€Å"Constant rotation of th’unwearied wheel That nature rides upon maintains her health, Her beauty, her fertility† (Cowper, The Task, Book 1: The Sofa, 359-61

Article 21 of the Constitution of India After Maneka Gandhi’s Case Essay

INTRODUCTION To a great extent, the Supreme Court of India finds its strength in Article 21 of the Constitution, for the reason that much of its judicial activism has been based on interpreting the scope of this Article. Majority of the PIL cases have been filed under this Article only. The Supreme Court is now known as an activist court. There has been no change in the words used in Article 21, but there has been a change in the way it has been interpreted. The scope of the Article has expanded considerably post the Maneka Gandhi decision. This will be critically analysed in the following few pages. ARTICLE 21 The Article reads- â€Å"No person shall be deprived of his life or personal liberty except according to procedure established by law.† Constituent Assembly Debate Over Article 21 India’s constitutional system was rooted in the traditions of British parliamentary sovereignty and legal positivism. Thus, the emergence of a strong Supreme Court challenging parliamentary legislation via substantive due process was unlikely given this traditional historical context. But aside from the historical legacy of British rule and legal positivism, two specific historical factors directly influenced the Constituent Assembly to explicitly omit a due process clause in the section on Fundamental Rights. The first was the influence of United States Supreme Court Justice Felix Frankfurter on Constitutional Adviser B.N. Rau, who traveled to Britain, Ireland, the United States and Canada in 1947 to meet with jurists regarding the drafting and framing of the Indian Constitution. The second factor was the tumultuous and chaotic period of communal violence that gripped Northern India as a result of the partition of Muslim Pakistan from Hindu India, which led the framers of the Indian Constitution to remove the due process clause from their draft constitution for the protection of individual liberty.1 The Constituent Assembly of India originally included a due process clause in the Fundamental Rights provisions associated with preventive detention and individual liberty in the initial draft version adopted and published in October of 1947. At this point, a majority of members of the Constituent Assembly favored inclusion of a due process clause, because it would provide procedural safeguards against detention of individuals without cause by the government. However, Rau had succeeded in qualifying the phrase liberty with the word â€Å"personal,† effectively limiting the scope of this clause as applying to individual liberties, and not property rights. After this draft version was published, Rau embarked upon a multi-nation trip to the United States, Canada, and Ireland to meet with jurists, constitutional scholars, and other statesmen. In the United States, Rau met with American Supreme Court Justice Felix Frankfurter, a student of Harvard Law professor James Bradley Thayer, whose writings about the pitfalls of due process as weakening the democratic process had already impressed Rau prior to the visit. In his meeting with Rau, Frankfurter indicated that he believed that the power of judicial review implied in the due process clause was both undemocratic and burdensome to the judiciary, because it empowered judges to invalidate legislation enacted by democratic majorities. 2 Frankfurter had a lasting impression on Rau, who upon his return to India, became a forceful proponent for removing the due process clause, ultimately convincing the Drafting Committee to reconsider the language of draft Article 15 (now Article 21) in January 1948. In these meetings Rau apparently was able to convince Ayyar, the crucial swing vote on the committee, of the potential pitfalls associated with substantive interpretation of due process, which Frankfurter had discussed extensively with Rau. Ayyar, in ultimately upholding the new position on the floor of the Assembly in December 1948, supported removing the due process clause on the grounds that substantive due process could â€Å"impede social legislation.† With the switch in Ayyar’s vote, the Drafting Committee endorsed Rau’s new preferred language-replacing the due process clause with the phrase â€Å"according to the procedure established by law,† which was apparently borrowed from the Japanese Constitution.3 Protection of Life and Personal Liberty Gopalan’s Case Immediately after the Constitution became effective, the question of interpretation of the words â€Å"life and personal liberty† arose before the court in the case A.K. Gopalan v. State of Madras.4 In this case, the Petitioner had been detained under the Preventive Detention Act, 1950. The petitioner challenged the validity of his detention on the ground that it was violative of his Right to freedom of movement under Article 19(1)(d), which is the very essence of personal liberty guaranteed by Article 21 of the Constitution. He argued that (i) the words ‘personal liberty’ include the freedom of movement also and therefore the Preventive Detention Act, 1950 must also satisfy the requirements of Article 19(5). (ii) It was further argued that Article 21 and Article 19 should be read together as Article 19 laid out the substantive rights while Article 21 provided procedural rights. (iii) It was also argued that the words â€Å"procedure established by law† actually meant â€Å"due process of law† from the American Constitution which includes principles of natural justice and the impugned law does not satisfy that requirement. Thus the main question was whether Article 21 envisaged any procedure laid down by a law enacted by a legislature, or whether the procedure should be just, fair and reasonable. On behalf of Gopalan, an argument was made to persuade the Supreme Court to hold that the courts could adjudicate upon the reasonableness of the Preventive Detention Act, or for that matter, any law depriving a person of his personal liberty. Majority Decision in Gopalan The Supreme Court ruled by majority that the word ‘law’ in Article 21 could not be read as meaning rules of natural justice. These rules were vague and indefinite and the Constitution could not be read as laying down a vague standard. The Court further interpreted the term ‘law’ as ‘State made law’ and rejected the plea that the term ‘law’ in Article 21 meant jus naturale or principles of natural justice. Justice Fazl Ali’s Dissenting Judgment Justicle Fazl Ali in his dissenting judgment observed that preventive detention is a direct infringement of the right guaranteed in Art. 19 (1) (d), even if a narrow construction is placed on the said sub-clause, and a lawrelating to preventive detention is therefore subject to such limited judicial review as is permitted by Art. 19 (5). There is nothing revolutionary in the view that â€Å"procedure established by law â€Å"must include the four principles of elementary justice which inhere in and are at the root of all civilized systems of law, and which have been stated by the American Courts and jurists as consisting in (1) notice, (2) opportunity to be heard, (3) impartial tribunal and (4) orderly course of procedure. These four principles are really different aspects of the same right, namely, the right to be heard before one is condemned. Hence the words â€Å"procedure established by law â€Å", whatever its exact meaning be, must necessarily include the principle that no person shall be condemned without hearing by an impartial tribunal. Relationship among Articles 21, 22 and 19 An attempt was made in Gopalan to establish a link between these three Articles. The underlying purpose was to persuade the Court to adjudge the reasonableness of the Preventive Detention Act. It was therefore argued that when a person was detained, his several rights under Article 19 were affected and thus, the reasonableness of the law, and the procedure contained therein (regarding reasonable restrictions), should be justiciable with reference to Arts. 19(2) to (6). Rejecting the argument, the Court pointed out that the word ‘personal liberty’ under Article 21 in itself had a comprehensive content and ordinarily, if left alone, would include not only freedom from arrest or detention, but also various freedoms guaranteed by Art. 19. However, reading Articles 19 and 21 together , Article 19 must be held to deal with a few specific freedoms mentioned therein and not with freedom from detention whether punitive or preventive. Similarly, Art. 21 should be held as excluding the freedoms dealt with in Article 19. The Court ruled that Arts. 20 and 22 constituted a comprehensive code and embodied the entire constitutional protection in relation to life and personal liberty and was not controlled by Article 19. Thus, a law depriving personal liberty had to conform with Arts. 20 and 22 and not with Art. 19, which covered a separate and distinct ground. Article 19 could be invoked only by a freeman and not one under arrest. Further, Article 19 could be invoked only when a law directly attempted to control a right mentioned under it. Thus, a law directly controlling a citizen’s right to freedom of speech and expression could be tested under the exception given under Art. 19(2); and a law that does not directly control the fundamental freedoms under Article 19, could not be tested under the clauses (2) to (6) of Article 19. This judicial approach meant that a preventive detention law would be valid, and be within the terms of Article 21, so long as it conformed to Article 22. Due Process of Law The V Amendment of the US Constitution lays down inter alia that â€Å"no person shall be deprived of his life, liberty or property, without due process of law.† The use of the word ‘due’ in this clause is interpreted to mean ‘just’, ‘proper’ or ‘reasonable’ according to judicial review. The courts can pronounce whether a law affecting a person’s life, liberty or property is reasonable or not. The court may declare a law invalid if it does not accord with its notions of what is just, fair and reasonable. Thus, this clause known as the ‘due process clause’ has been the most significant single source of judicial review in the US. It was contended in Gopalan that the expression procedure established by law in Art. 21 was synonymous with the American concept of ‘procedural due process’, and therefore, the reasonableness of the Preventive Detention Act, or for that matter, of any law affecting a person’s life or personal liberty, should comply with the principles of natural justice. The Supreme Court rejected this contention giving several reasons: i) The word ‘due’ was absent from Article 21. ii) The fact that the words ‘due process’ were dropped from draft Article 15 (present Article 21), signified the intention of the Constituent Assembly, that was to avoid the uncertainty surrounding the due process concept in the USA. iii) The American doctrine generated the countervailing but complicated doctrine of police power to restrict the ambit of due process, i.e., the doctrine of governmental power to regulate private rights in public interest. If the doctrine of due process was imported into India, then the doctrine of police power might also have to be imported, and which would make things very complicated. The ruling thus meant that to deprive a person of his life or personal liberty- i) There must be a law ii) It should lay down a procedure iii) The executive should follow this procedure while depriving a person of his life or personal liberty. Criticism Gopalan was characterized as the ‘high-water mark of legal positivism.’ Court’s approach was very static, mechanical, purely literal and was coloured by the positivist or imperative theory of law, which studies the law as it is. Article 21 was interpreted by the majority to mean that Art. 21 constituted a restriction only on the executive which could not act without law and that it was not applicable against legislative power, which could make any law to impose restraints on personal liberty, however arbitrary they may be. GOPALAN TO MANEKA: 1950-1977 Gopalan held the field for almost three decades. It can be observed during this period from the court decisions that the two major points settled in the case [that is, firstly that Articles 19, 21 and 22 are mutually exclusive and independent of each other, and secondly that Article 19 was not to apply to a law affecting personal liberty to which Article 21 would apply] got diluted to a great extent until finally in Maneka Gandhi’s case this position was reversed. The decisions immediately proceeding Gopalan’s case were decided on the same basis. For example, in Ram Singh v. Delhi5, where a person was detained under the Preventive Detention Act for making speeches prejudicial to the maintenance of public order, at a time when public order was not contained under Article 19(2), the Supreme Court refused to assess the validity of preventive detention under Article 22 with reference to Article 19(1)(a) read with Article 19(2) stating that even if a right under Art. 19(1)(a) was abridged, the validity of the preventive detention order could not be considered with reference to Art. 19(2) because of the Gopalan decision that legislation authorizing deprivation of personal liberty did not fall under Art. 19 and its validity was not to be judged by the criteria in Art. 19. The beginning of the new trend can be found in RC Cooper v. Union of India6, where Article 31(2) which had been amended to dilute the protection to property, the Court established a link between Article 19(1)(f) (right to property) and Article 31(2). But the draconian Gopalan ruling found its way back and reached the lowest point in ADM Jabalpur v. Shivkant Shukla7, remembered as the black day in Indian Constitutional history. In this case the political dissenters of the Indira Gandhi government were arrested and Shivkant Shukla contended that this was in violation of their right to life and personal liberty and so the writ of habeas corpus should be issued. Court held that during the period of emergency, a person could be detained and his right to life and personal liberty under Article 21 could be suspended, and such suspension could not be challenged and the writ of habeas corpus could not be issued during the emergency. This case showed that Article 21 could not play any role in providing any protection against any harsh law seeking to deprive a person of his life or liberty. It is the dissenting judgment of Fazl Ali J that was subsequently applied in the decision in Maneka Gandhi’s case and the cases after that, regarding the right to life and personal liberty. MANEKA GANDHI’S CASE In Maneka Gandhi v. Union of India8 and ever since, the Supreme Court has shown greater sensitivity to the protection of personal liberty. The court has reinterpreted Article 21 and overruled its Gopalan decision and which, in the words of MP Jain, can be regarded as a highly creative judicial pronouncement on the part of the Supreme Court. In this case, Maneka Gandhi’s passport was impounded by the Central Government under the Passport Act in the interest of the general public, as was provided under S. 103(c) of the Passport Act. This was challenged on the ground of being arbitrary to Article 21 and also because this was done without affording her a chance to be heard. The Court observed that as the right to travel abroad falls under Article 21, principles of natural justice must be observed and the right of hearing should be given, even though not expressly provided for under the statute. Some of the main propositions laid down by the court in this case are as follows: 1. The court reiterated the proposition that Articles 14, 19 and 21 are inter-related and not mutually exclusive. This means that a law prescribing a procedure to deprive a person of their personal liberty, should conform to the provisions under Article 19. Moreover, the procedure established by law under Article 21 must meet the requirements of Article 14. According to K. Iyer, J, no Article in the Constitution pertaining to a Fundamental Right is an island in itself. Just as a man is not dissectible into separate limbs, cardinal rights in an organic constitution have a synthesis. Here, the dissenting judgment of Justice Fazl Ali in Gopalan’s case was followed. 2. The court emphasized that the expression ‘personal liberty’ was of the widest amplitude covering a variety of rights which go to constitute the personal liberty of man. Some of these attributes have been raised to the status of distinct fundamental rights and given additional protection under Article 19. 3. The most significant aspect of Maneka’s decision is the reinterpretation by the court of the expression ‘procedure established by law’ used in Article 21. It now means that the procedure must satisfy certain requisites in the sense of being fair and reasonable. The procedure cannot be arbitrary, unfair or unreasonable. The reasonableness must be projected in the procedure contemplated by Article 21. IMPACT OF MANEKA GANDHI’S DECISION Article 21 which had lain dormant for nearly three decades was brought to life by the Maneka Gandhi decision. Since then Article 21 has been on its way to emerge as the Indian version of the American concept of due process. It has become the source of many substantive rights and procedural safeguards to the people. Some of the broad fields of this impact will be discussed as below: 1. Interpretation of the Word Life In Francis Coralie9 the Supreme Court, following the principle laid down in Maneka Gandhi’s case, has interpreted the meaning of life as has been interpreted by the US Supreme Court in Munn v. Illinois10, and held that the expression ‘life’ under Article 21 does not connote merely physical or animal existence but embraces something more. As recently as 2006, the Supreme Court has observed that Article 21 embraces within its sweep not only physical existence but also the quality of life. These cases only reflect a part of the scope and ambit of the word ‘life’ under Article 21, which has been extended widely by the Supreme Court over the years proceeding Maneka. There have been a number of areas in which the Supreme Court has related some of the Directive Principles of State Policies to the word ‘life’ under Article 21 and made it enforceable as a fundamental right. A classic example of this is the large number of environment related cases filed by MC Mehta. 2. Personal Liberty It does not mean merely the liberty of body, i.e., freedom from physical restraint or freedom from confinement within the bounds of a prison. The expression ‘personal liberty’ is not used in a narrow sense but as a compendious term to include within it all those variety of rights of a person which go to make personal liberty of a man. To begin with, the expression ‘personal liberty’ in Art. 21 was interpreted so as to exclude the rights mentioned under Article 19. The view was expressed in Kharak Singh v. State of Uttar Pradesh11 that while Art. 19(1) dealt with particular species of that freedom, ‘personal liberty’ in Art. 21 would take in the residue. This view was followed in Gopalan’s case as well. But the minority view expressed by Justice Subba Rao adopted a much wider concept of ‘personal liberty’. He differed from the majority view that Art. 21 excluded what was guaranteed by Art. 19. He pleaded for an overlapping approach of Arts. 21 and 19. In a recent judgment of 2009, Suchita Srivastava v. Chandigarh Administration12, the Supreme Court asserted the strict boundaries of ‘personal liberty’ but that such liberty must also accommodate public interest. A woman’s right to make reproductive choice has been held to be a dimension of ‘perso nal liberty’ within the meaning of Art. 21. 3. Law Ordinarily, the word law in Article 21 denotes an enacted law, i.e., a law made by the Legislature. But in AK Roy v. Union of India13, the question was whether an ordinance in the context of National Security Ordinance, 1980, promulgated by the President to provide for preventive detention in certain cases and connected matters, a law? The petitioner argued that since this was made by an executive it was not law and could not, thus, deprive a person of their ‘personal liberty’. The Supreme Court held that an ordinance passed by an executive is well within the meaning of ‘law’ and must therefore, also be subject to Fundamental Rights, just like an Act of the Legislature. 4. Procedure After Maneka Gandhi, it is now established that the procedure for purposes of Art. 21 has to be reasonable, fair and just. The Supreme Court has reasserted in Kartar Singh v. State of Punjab14 that the procedure contemplated by Art. 21 is that it must be ‘right, just and fair’ and not arbitrary, fanciful or oppressive. In re The Special Courts Bill, 1978, the Special Courts Bill proposed that a special court would be constituted to try certain persons holding high political offices during the emergency of 1975-1977. The special Court was to be presided over by a sitting or retired Judge of a High Court, to be appointed by the Central Government in consultation with the Chief Justice of India. The accused could appeal to the Supreme Court against the verdict of the special Court. For the procedure to be just, fair and reasonable, the Court suggested certain modifications: There should be a provision for transferring a case from one special court to another so as to avoid the possibility of a trial where a judge may be biased against the accused Only a sitting High Court Judge ought to be appointed, for the retired Judge would hold the office as a Judge of the special court during the pleasure of the government, and the â€Å"pleasure doctrine was subversive of judicial independence.† Instead of mere consultation, the Chief Justice’s concurrence should be there, which would inspire confidence not only of the accused but also of the entire community in the special Court. CRIMINAL JUSTICE AFTER MANEKA Arrest In Joginder Kumar v. State of Uttar Pradesh15, the Supreme Court has observed that an arrest can cause incalculable harm to a person’s reputation and self-esteem. Arrest should be made not merely on suspicion but only after a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of the complaint and a reasonable belief to the person’s complicity and even as to the need to effect arrest. Speedy Trial Speedy trial has not been mentioned as a fundamental right in the Constitution. Yet the Court has declared this as a fundamental right in Hussainara Khatoon v. Home Secretary, State of Bihar (I).16 In this case, the undertrials were in prison for a long period of time, awaiting their trials. Bhagwati, J. held that although, unlike the American Constitution speedy trial is not specifically enumerated as a fundamental right, it is implicit in the broad sweep and content of Article 21 as interpreted in Maneka Gandhi’s case. This position was reiterated in Hussainara Khatoon(No. 2) and Hussainara Khatoon(No. 3). In a significant judgment in Abdul Rehman Antulay v. RS Nayak17, the Supreme Court has laid down guidelines for the speedy trial of an accused: i) Fair, just and reasonable procedure implicit in Article 21 of the Constitution creates a right in the accused to be tried speedily. Right to speedy trial is the right of the accused. The fact that a speedy trial is also in public interest or that it serves the societal interest also, does not make it any-the-less the right of the accused. ii) Right to Speedy Trial flowing from Article 21 encompasses all the stages, namely the stage of investigation, inquiry, trial, appeal, revision and retrial. That is how, this Court has understood this right and there is no reason to take a restricted view. iii) The concerns underlying the Right to speedy trial from the point of view of the accused are: (a) the period of remand and pre-conviction detention should be as short as possible. In other words, the accused should not be subjected to unnecessary or unduly long incarceration prior to his conviction; (b) the worry, anxiety, expense and disturbance to his vocation and peace, resulting from an unduly prolonged investigation, inquiry or trial should be minimal; and (c) undue delay may well result in impairment of the ability of the accused to defend himself, whether on account of death, disappearance or non-availability of witnesses or otherwise. In Sunil Batra (II) v. Delhi Administration18, it was held that the practice of keeping undertrials with convicts in jails offended the test of reasonableness in Art. 19 and fairness in Art. 21. Prison Administration In Sunil Batra (I) v. Delhi Administration19, the important question before the court was whether solitary confinement imposed upon prisoners who were under sentence of death, was violative of Articles 14, 19, 20 and 21. It was held that under Sections 73 and 74 of the IPC, solitary confinement is a substantive punishment, which can be imposed by a court of law, and it cannot be left within the caprice of prison authorities. It further observed that if by imposing solitary confinement there is total deprivation of camaraderie amongst co-prisoners, comingling and talking and being talked to, it would offend Article 21 of the Constitution. The liberty to move, mix mingle, talk, share company with co-prisoners if substantially curtailed, would be violative of Article 21 unless curtailment has the backing of law. Here we see the high regard that the Supreme Court gives to human life and personal liberty, notwithstanding a person’s jail sentence. In Prem Shankar v. Delhi Administration20, the Supreme Court has held that handcuffing should be resorted to only when there is clear and present danger of escape. Even when in extreme cases, handcuffing is to be put on the prisoner, the escorting authority must record simultaneously the reasons for doing so, otherwise the procedure would be unfair and bad in law. This is implicit in Article 21 which insists upon fairness, reasonableness and justice in the procedure for deprivation of life and liberty. Legal Aid In Hussainara21, the Supreme Court has observed that it is an essential ingredient of reasonable, fair and just procedure to a prisoner who is to seek his liberation through the court’s process that he should have legal services available to him. Providing free legal service to the poor and the needy is an essential element of any reasonable, fair and just procedure. In Suk Das22, the Court quashed the conviction of the appellant because the accused remained unrepresented by a lawyer and so the trial became vitiated on account of a fatal constitutional infirmity. The court held that free legal assistance at the cost of the State is a Fundamental Right of a person accused of an offence and this requirement is implicit in the requirement of a fair, just and reasonable procedure prescribed by Article 21. Public Interest Litigation One of the most effective instruments evolved by the Supreme Court for attaining social justice is Public Interest Litigation (PIL). Any person with a sufficient interest and acting bona fide can file a PIL in the Supreme Court under Art. 32 or Art. 226. If there is a violation of any fundamental right or legal duties and there is legal injury to a person or a class of persons who are unable to approach the court by ignorance, poverty or by any disability, social or economic, any member of the public can make an application for an appropriate direction or order or writ before the High Court under Article 226 and before the Supreme Court under Article 32 for redressal. This was the gist of the principle laid down in SP Gupta v. Union of India23, in which the Court has given considerable relaxation to the doctrine of locus standi. PILs have played an important role in the fields of prison reforms, gender justice, environment protection, child rights, education, wherein the court has constantly made an attempt to uphold the value of a dignified human life, which is not merely confined to access to food, shelter and clothing, but goes much beyond. For instance, in Vishakha v. State of Rajasthan24, an incident of rape was held to be violative of not only the right to gender equality under Art. 14, but also of the right to life under Article 21. The Supreme Court has laid down specific guidelines as to what constitutes sexual harassment at workplace, placing the responsibility on the employer to ensure the safety of their employees, also making it mandatory for all public offices to have a Women’s Cell, where the women employees could take their grievances. These guidelines can also be found in the Criminal Law Amendment Act 2013. In MC Mehta v. Union of India25, the Supreme Court has developed the concept of absolute liability regarding the payment of compensation by an enterprise engaged in dangerous and hazardous activities. The Supreme Court has also exercised epistolary jurisdiction, wherein a letter has been treated as a petition before the court. In Labourers Working on Salal Hydroelectric Project v. State of Jammu and Kashmir26, litigation was started on the basis of a letter addressed by the People’s Union for Democratic Rights to Mr. Justice D.A. Desai enclosing a copy of the news item which appeared in the issue of Indian Express pointing out that a large number of workmen working on the Salal Hydro Electric Project were denied the benefit of various labour laws and were subjected to exploitation by the contractors to whom different portions of the work were entrusted by the Central Government. In all of these cases, and a number of others, a reflection of Maneka’s decision can be found, wherein the Court has tried to uphold the sanctity of a dignified human life. CRITICAL APPRAISAL OF MANEKA’S DECISION The kind of wide interpretation that has been given to Article 21 post Maneka, has not been given to any other provision. Article 21 read with Articles 32 and 226, has become the most important weapon of judicial activism. By relating Directive Principles of State Policy with Fundamental Rights, court is granting remedies on an ever increasing scale. But it must be remembered that Directive Principles are non-justiciable in nature and cannot be enforced. Yet, the Supreme Court has gone to great lengths to enforce these by relating them to right to life. But balancing of conflicting interests is an important function of law. Function of law is social engineering. This has to be performed by both, the Legislator as well as the Judiciary. Justice Cardozo also says that the court can evolve a process for dealing with the social ills. Thus, where legislators fail to balance the interests, it is the Court which must do it. The court will be criticized for judicial over-reach, that is, for undertaking the power of the legislator and laying down a law, as it happened in Vishakha v. State of Rajasthan. But it must be realized that where the Legislators fail, the court has to step in. The gaps need to be filled. Thus, from the perspective of Roscoe Pound’s social engineering theory, which is very relevant in the present scenario, court’s actions cannot be termed as judicial overreach. CONCLUSION Thus, the decision of the Supreme Court in Maneka Gandhi’s case became the basis of the court’s decisions in subsequent cases pertaining to not only Article 21 expressly, but wherever the court found a relation between life and another aspect of it. The Court developed a theory of ‘inter-relationship of rights’ to hold that governmental action which curtailed either of these rights should meet the designated threshold for restraints on all of them. In this manner, the Courts incorporated the guarantee of ‘substantive due process’ into the language of Article 21. This was followed by a series of decisions, where the conceptions of ‘life’ and ‘personal liberty’ were interpreted liberally to include rights which had not been expressly enumerated in Part III.27 The width of Article 21 will keep expanding as long as our Supreme Court upholds its title of the activist court, and intervenes dutifully to preserve the fundamental rights of the people. The Court has, thus, played the role of a social engineer, constantly making an effort to balance the conflicting interests of the state with those of the society and the individuals. REFERENCES 1. Indian Constitutional Law, M.P. Jain, Sixth Edition (2013). 2. Constitutional Law of India, J.N. Pandey, Forty Third Edition (2006).

Injury In World War I Example

Injury In World War I Example Injury In World War I – Coursework Example Disability in World War I due: Introduction The results of the First World War broughtthe world new technology where new weapons were used such as machine guns, and there was an improvement in the technology used in medical practices. It was the first kind of war that was ever experienced in Europe. By 1918, about 400,000 war veterans’ soldiers were reported to have been injured during the war. Soldiers with disabilities were given heroic state support with a push for fatherhood and also marriage. By offering veterans jobs, it would give them independence and allow them to earn a living. The endeavor of Briton veterans to regain self-worth, physical abilities, and masculinity was becoming a problem. Some of them had disgusting physical appearances, and others had disfigured faces for the society to accept them fully. About 60,500 soldiers had eye and head injuries, and 41,000 soldiers had amputated limbs (Gerke, 2014).In this presentation, I learned that the new technology and improved medical know-how enabled many veterans to regain self-worth, and physical appearance become well. Those who lost jaws, noses and eyes were replaced with other and looked as better like the original self. The use of prosthetic limbs was used to hide the injuries and disabilities of soldiers injured in the war helped them regain physical abilities to work again. Even though the soldiers had life-like masks of facial disfigurement, it was a reminder to the society the consequences of the World War I. Such work of improved medical technology was displayed in the Ladd’s portrait in Paris of the benefactor patients. Patriotism was displayed by the Britons using the disability of a veteran soldier and refused to use disability when it reminded them of the consequences of that war (Gerke, 2014).ReferenceGerke, B. (2014). Injury in World War I. Retrieved February 21, 2015, fromhttps://prezi.com/esfejbcmxe/injury-in-world-war-i/