Huck Finn Essays -- essays papers

huck Finn I recently read the book Huckleberry Finn by Mark Twain. This drool deals Mainly with a lost boy escaping his harsh existence, and a slave trying to r separately freedom. During the course of this book, the slave Jim, and the Boy Huck Bond with each other. I enjoyed this book immensely for a couple different reasons. While I liked the story, and the plot kept me interested, the real reason I pitch myself enjoying this book so much, was Mark Twains use of the underlying theme of racism. In this story, I found myself admiring Hucks innocent border on to slavery, and the treatment of slaves. Is Huck Finn a racist? Now this is a tough question. I would be tempted to say no. He always treats his run away slave-partner Jim equally. Never in this book once did he treat a black any(prenominal) different then he would have treated any white in the same situation. Whether or not Huck was intending to be racist, the fact still remains that he did not think of black s as equal. In the time period Huck Finn was written white children grew up with the mentality that they were a higher social class then the blacks. . I think Huck was subconsciously racist, but too innocent to understand its meaning, or even come to a conclusion about whether slavery was right or wrong. All his life Huck had lived in an environment in which slavery and racism were perfectly normal. To him questioning the morality of slavery would be like us questioning whether its morally right to keep house pets. Huck acquired his racism from his parental figures. When Huck was living with the widow, she had slaves around. Huck became used to slaves tending to his needs. For a short period in the book, Huck went to live with his dad. His dad frequentl... ...s the Phelps. Huck was a racist throughout the book, but as he would say, he take upt mean nothn by it. I think Hucks racism in this book was a pretty evident underlying theme. throughout the book, Mark Twain p ortrayed Huck as a racist, yet considerate to blacks. Hucks innocence in this book allowed him to be kind to blacks and yet still look at whites in a superior way. Even at the end of the book when Huck decided that he was loss to do what he thought was the wrong thing and free Jim, he never came to the conclusion that slavery and racism readiness be wrong, and he might be on the right track. Twains use of racism in a child as an underlying theme intrigued me. I consider in order to get a full idea of what I am talking about, you should read this book. I would highly recommend Huckleberry Finn to any college bookman looking for a good story with a lot of depth.

Drinking Water Shortage and Water Conservation Essay -- Drinking Water

Water is everywhere. Not only does pissing surround the continents but likewise we are mostly made up of pee and also need it to survive. If we dont have access to water supply it will significantly affect our health. The economy will be affected by the water and how expensive it will be. This will lead to the environmental effects, with farmers not having enough water to keep their farms going. A variety of authors demonstrate throughout their articles that water is a limited resource and that humans need to start taking action in every aspect of their lives. However, water conservation cannot be solved in one way. In order to address the issues of water conservation, we need to inform people, regulate businesses and protect resources across the globe. These practices in water conservation will benefactor people in the followings ways internationally, socially, educationally, economically and environmentally. We live in a modern world yet there are still people who che ck from poor sanitation across the nation. The lack of not having good sanitation system like toilets and sewage leads millions of people to die from diarrhea, dysentery, and cholera (Leslie 1). Since the world universe of discourse is growing so rapidly, this will lead to worse sanitation then it will conclude with more people dying from the lack of clean water (Leslie 1). These people who die every year need to have access to clean water, and their country needs to start taking advantage of their water and not let people die because of unnecessary causes. There is so much more water that is held underground and Leslies states that compared with the earths visible freshwater-in lakes, ponds, and rivers-the amount of water stored in underground aquifer is sixty times as large. ... ... worries. The Economist 398 (Jan. 2011) 32. ProQuest. Corral-Verdugo, Victor, et al. Residential Water Consumption, Motivation for Conserving Water and the Continuing Tragedy of the Commons . Environmental Management (2002) 527-535. ProQuest. Rosenberg, David M, Patrick McCully, and Catherine M Pringle. Global-Scale Environmental Effects of Hydrological Alterations Introduction . Bioscience (Sept. 2000) n. pag. Research Library . Water Waste. ICIS Chemical Business. N.p., 25 Aug. 2008.Leaders The Worlds Most Valuable Stuff Water. (2010, May). The Economist, 395(8683), 14-16. House dynamism and Commerce Subcommittee on Energy and Power Hearing The FY2012 Department of Energy and Nuclear Regulatory Commission Budgets4. (2011, March). Congressional Documents and Publications.

Religion in American Film Essay -- Essays Papers

Religion in American FilmAmericans nation-wide did a disbelieving double take when they were heard that Jim Carrey was going to be playing the role of God in Universal Pictures summer 2001 movie Bruce Almighty. Millions of Americans have found themselves near-obsessed with the engrossing epic Lord of the Rings, Dogma has been welcomed into the madness Films Hall of Fame, and Mel Gibsons The Passion stirred an overwhelming amount of religious, cultural, and ethnic criticism. When looking at the recent array of films that either present or signify religious themes whether it be allegorically, evangelically, or satirically we find ourselves asking the question why flat? Is the reason for this upsurge sociological, psychological, philosophical, or historical? Is there perchance a political or economic reason as to why Americans today argon so eagerly consuming films that are looking at the timeless battle between good & evil, questioning organized belief systems, or presenting re ligion in new and contemporary ways? From critical analysis and research done on this subject, as well as much pondering and theorizing, it could be said that the question of why now is more philosophical, and value oriented, than anything else. The religious content that is present in modern American films is indicative of a more general discussion & questioning of value and resonates with the post-modern, religiously pluralistic mindset that Americans have come to embody. It is a common mis-conception that films are merely entertainment, and serve no other adjudicate than to provide for the viewer a two-hour escape from reality. This is a serious under-estimation of the power, purpose, and potential of film, because film, upon reflection, revea... ...garet R. Seeing and Believing Religion and Values in the Movies. Boston Beacon Press, 1996. Johnston, Robert K. purl Spirituality Theology and Film in Dialogue. Grand Rapids Baker Academic, 2000.Stone, Bryan P. Faith and Film Theo logical Themes at the Cinema. St.Louis Chalice Press, 2000.Valenti, F. Miguel. More Than a Movie moral philosophy in Entertainment. Colorado Westview Press, 2000Detweiler, Craig, and Barry Taylor. A Matrix of Meanings Finding God in Pop Culture. Grand Rapids Baker Academic, 2003.Putnam, Robert D. Bowling Alone The Collapse and Revival of American Community. New York Simon & Schuster, 2000http//www.hollywoodjesus.com/bruce_almighty.htmFor the purposes of this study, it is helpful to look specifically at the way in which Christ and Christianity are being presented, through the various methods, in contemporary film.

Keplers Laws and Planetary Movement Essay -- Physics Science Planets

By the turn of the 1600s, the way in which the solar system and the universe as a whole was viewed began to change. With the disputed conclusions of Copernicus, scientists already began to adopt the idea of a heliocentric solar system. Further advancements in astronomy came about through the research of Tycho Brahe and his assistant Johannes Kepler. The three erratic laws developed by Kepler with the data gathered by Brahe shaped the way in which science viewed the structure and motion of the planets of the solar system in sullen ways, lasting to this day.A Brief History of Johannes KeplerJohannes Kepler began his studies in astronomy as an assistant to the astronomer Tycho Brahe, whom, by his own right, was a formidable observer of the heavens, notwithstanding his rather illogical conclusions about the Earth and the movement of other celestial bodies. Brahes observations were phenomenally surgical, especially considering the technology available at the time, often accurate to l ess than half of a minute of arc. In hindsight, however Brahes creditability as an astronomer is diminished due to his lack of acceptance of the idea of a heliocentric solar system created by Copernicus. He agreed that the other five known planets revolved around the sun, but that the Earth would be unable(predicate) of such movement and would certainly be detectable by the inhabitants of the Earth if that were the case.Keplers First LawSince his introduction into astronomy, Kepler had held a strong faith in the accuracy of the theories of Copernicus. Under Copernican theory, all planets traveled in perfectly circular orbits around the sun. However, Keplers observations, especially in regards to the orbit of Mars, suggested that planets trave... ...s Third Law. What else should be celebrated is that the constant (42/Gm) is included in the equation. thus creating an equation that not only proves Keplers Third Law, but is also far reaching in its applicatory applications. For ins tance, if the peroid and distance from the sun of a planet were known, the mass of the planet could easily be calculated.Conclusion The remarkable aspect to Keplers Laws is that they were able to unify the ostensibly complicated motion of the planets in the heavens with relatively simple concepts. The conclusion that the orbits of planets are elliptical rather than circular paved the way into developing elliptical relationships between all the planets by explaining the variance in the velocity of a planet as it travels through its orbit. This proportional relationship, T2 = KR3, merge the motions of the planets beautifully.

Starbucks Global Strategy :: GCSE Business Marketing Coursework

Starbucks Global StrategyDe Wit and Meyer (1998) refer to market tendency towards homogeneous variety and tighter international linkages as globalization. The hold for global strategy is outlined by the fact that companies are subject to global forces and consumer demands. As a consequence, cockeyeds are faced with a challenge of modifying their real(a) strategies to gain and sustain their competitive advantage in a rapidly changing environment. A well-designed global strategy can help a firm to gain a competitive advantage, that as identified by Sumantra Ghoshal of INSEAD can arise from Efficiency, Strategy, Risk, Learning and Reputation (Appendix1). Therefore, to create a successful global strategy, managers premier(prenominal) must understand the nature of global industries and the dynamics of global competition.I would like to proceed with my analyses of the global market place, with examination the young but already well recognized brand world wide ? Starbucks. In my resear ch I will explore on changes in the product, operations, and strategies at Starbucks influenced by the changes in the global marketplace. Due to word limitation on the essay, please refer to Appendixes for more detailed information. Starbucks Corporation There is untapped potential to grow our association internationally, Schultz said.HeadquartersSeattle, Washington www.starbucks.com OwnershipStarbucks is publicly traded -- shares are widely held 150 million shares have been authorized, of which 59.6% are on the market.HistoryHoward Schultz, 42, is the founder of the Company and has been prexy of the board and chief executive officer since its start in 1987. The Company originated with eleven Seattle stores and less than one hundred employees. Since them the company has grown to a one-half billion-dollar company serving millions of cups of hot chocolate per week in one thousand stores throughout the country, and in 17 countries internationally. Schultz believes his company will s ucceed well into the ordinal century. He states, One of the things that you cant measure on a balance sheet or on a financial statement is the soul of Starbucks. The Company holds about 39 federal trademark registrations in the United States. They have approximately 44 additional applications pending in the U.S. The Company currently owns one observable in the U.S. for its coffee on tap system and has several patent applications pending. Starbucks prides itself on being a good citizen locally and in the various coffee producing countries. They make significant contributions to local charities that focus on children, the environment, the homeless, and AIDS research/support.

Starbucks Global Strategy :: GCSE Business Marketing Coursework

Starbucks Global StrategyDe Wit and Meyer (1998) refer to market tendency towards identical variety and tighter international linkages as globalization. The need for global strategy is outlined by the fact that companies argon subject to global forces and consumer demands. As a consequence, firms are faced with a challenge of modifying their existent strategies to gain and sustain their competitive advantage in a rapidly changing environment. A well-designed global strategy can help a firm to gain a competitive advantage, that as identified by Sumantra Ghoshal of INSEAD can arise from Efficiency, Strategy, Risk, Learning and Reputation (Appendix1). therefore, to pee a successful global strategy, managers first must understand the nature of global industries and the dynamics of global competition.I would like to proceed with my analyses of the global market place, with examination the young but already well recognized brand world wide ? Starbucks. In my research I will explore o n changes in the product, operations, and strategies at Starbucks influenced by the changes in the global marketplace. Due to word limitation on the essay, please refer to Appendixes for more detailed information. Starbucks Corporation There is untapped potential to grow our troupe internationally, Schultz said.HeadquartersSeattle, Washington www.starbucks.com OwnershipStarbucks is publicly traded -- shares are widely held 150 million shares have been authorized, of which 59.6% are on the market.HistoryHoward Schultz, 42, is the founder of the Company and has been chairman of the board and chief executive officer since its start in 1987. The Company originated with eleven Seattle stores and less than one ampere-second employees. Since them the company has grown to a half billion-dollar company serving millions of cups of coffee per week in one thousand stores throughout the country, and in 17 countries internationally. Schultz believes his company will succeed well into the twenty- first century. He states, One of the things that you cant measure on a balance sheet or on a fiscal statement is the soul of Starbucks. The Company holds approximately 39 federal trademark registrations in the United States. They have approximately 44 additional applications pending in the U.S. The Company currently owns one patent in the U.S. for its coffee on tap system and has several patent applications pending. Starbucks prides itself on being a well(p) citizen locally and in the various coffee producing countries. They make significant contributions to local charities that focus on children, the environment, the homeless, and AIDS research/support.

Dell Inventory Essay

The just-in- date (JIT) inventory method is a method of inventory management. The goal of these concepts, contrary to popular belief, is not to reduce inventory, although thats an appealing side benefit. Instead, JIT (like its imitators) is a continual process aimed at eliminating waste and solving problems throughout the supply chain (Minahan, 1997, p. 45). Since its inception in 1984, dell Corporation, Inc. has draw itself apart from competitors through innovation and creativity.The keep company uses the JIT method of inventory management. Many businesses use Dells success as a business model. Dells sales concept focuses on meeting the needs of its customers and building computers to order, selling them directly to the customer. This direct business model eliminates retailers that add unnecessary time and cost, or can diminish Dells understanding of customer expectations.The direct model allows the company to build every system to order and brook customers powerful, richly-confi gured systems at competitive prices (Dell, 2007, 1). In executing this vision Dell has leveraged effectively its human capital to drive growth and brand loyalty. Dell has been very prosperous with this model as a result, the company carries low overhead cost by keeping inventory numbers low. Prior to adopting the JIT method, Dell struggled with managing finances. After implementing JIT, the company saw a vast improvement in inventory turnover and a reduction in the number of long time worth of inventory on hand.The company achieved improvement by only placing orders with suppliers when needed. Placing orders JIT eliminates carrying costs associated with managing inventory. Table one reflects the continued reduction, showing 5.7 days of inventory on hand in 2001 and 3.4 days of inventory on hand in 2004 (Morningstar, 2010). Annual inventory turnover increased from 64.3 in 2001 to 107.1 in 2004 (Morningstar, 2010).

Is “American Culture” a Contradiction in Terms?

Is Ameri crapper ending a contradiction in terms? American Culture can frequently be thought of as a contradiction of terms because every piece of American Culture arises from a different source. It first must be noted that the founding of the United States was not based on spreading a certain countrys colonization (in most regards). The United States was founded because spiritual separatists, or purists, desired freedom to practice their religion freely. In an effort to do so, these pilgrims built the backbone of what m whatsoever know as American Culture.The lawsuit American Culture often seems a contradiction in terms is because kitchen-gardening can often be defined as a expression of eating, dressing, or cultural values. In the United States there are very few original foods ways of dressing that are not common among other(a) parts of the world and generally diverse religion, values, and viewpoints. It is also difficult to define because each piece of American Culture has roots in another culture (hamburgers are not American, but McDonalds popularized it). However, the core of American culture remains the American Dream. Americans seem to believe that the sky is the limit.Although these sentiments may be unsteady because of increased comfort and lack of youth education, the idea that anyone can be anything runs deep from the values first instilled by the Pilgrims. The values only increased with the accession to the United States after the Louisiana Purchase and expansion to the west. On the other hand, upon founding the United States, the Americans killed or ostracized the Natives (Indians). Thereby they rid the country of nearly any influence from this group. Furtherto a greater extent, American culture innovates and publicizes. American culture is often associated with new things.These new ideas are often the combination of different cultural values. Again we can return to McDonalds. The hamburger is not American, but fast food is purely a resul t of faster and faster paced American life. The combination of these two aspects created a worldwide phenomenon characterizing Americans as moving too fast to enjoy life and eating more than necessary. With such a large land area, no virtuoso culture can characterize the United States. Consequently, as often seen in American politics, the South is usually more conservative, the north and west being more liberal.The food, music, and concepts of time differ greatly across the expanse of the United States as well. The US is a worldwide example for capitalism and its results. Often things associated with capitalism, both absolute (better standard of living) and negative (the lack of care for the poor) can characterize American Culture as unwilling to care for social causes. In conclusion, although American Culture does provide undoubtedly some contradictions, it is still no contradiction in terms because all the different cultural pieces that one can find in the US create American Cul ture itself.

Computer Information Systems Brief Essay

In order for the club to continue to thrive, consideration of growth opportunities will besides be analyzed. In addition, the threats that Kudler may encounter if changes are not implemented will also be discussed throughout this evaluation. The owner of Kudler very well Food stores offer gourmet foods and fine wines all within one location. all store locations offer baked goods, meat, seafood, produce, cheese, dairy products, and wine with little or no preservatives added. The success of Kudler Fine Foods is in part from the systems that the stores have in place.For example, the certain computer system is available 24 hours a day, seven days a week, the owner provides training to all employees and is, therefore, understood by all employees. This judgement of the computer system enables the daily operations of the argumentation to thrive as gross sales increase. As the company moves forward and introduces changes with technological advances, continued employee training is a mustiness with the installation of new hardware and software programs. The number of products that must be accounted for, on a daily basis, at the Kudler locations is extensive.Presently, Kudlers accounting selective information is collected by point-of-sale (POS) terminals in each store. The terminals are used as cash registers when guests check-out. The POS system records all sales, items, quantities, prices, taxes and totals for all transactions. These intelligent terminals use keypads, steer screens, bar code scanners, and other input methods to capture data and interact with end users during a transaction, while relying on servers or other computers in the net profit for come on transaction processing (OBrien & Marakas, 2008, p. 81).Furthermore, functions are available for various types of sales reports to be created with the current system. However, the current system does not meet the assumes of the business as the computer system is outdated. Furthermore, the founder of the company, Kathy Kudler, is having great difficulty with monitoring the needs of the three stores and the situation will soon become overwhelming with further expansion. Ms. Kudler needs a computer system that will accommodate her current and future needs for her growing gourmet food business. Currently, each of locations operates with a complete POS system.Ms. Kudler must travel between stores to ensure the managers are meeting her high standards and creates a substantial loss in productivity. The lack of remote access also presents an issue for the future expansion plans for the business. With no way to access accounting, inventory, and sales information, successful expansion will not be possible. Ms. Kudlers presence is a daily requirement at each location to manage the operations, inventory, sales, etc. and without updated computer technology the company cannot see any further growth.Not only is the company facing limited expansion possibilities, but current warranter meas ures are not sufficient. Although Kudlers present system is password protected and has complement capability, financial information may be in jeopardy. With the implementation of a new system can easily remedy this situation giving added security to the company. In addition to the companys financial information, protection to the companys customer base should also be of great concern. In particular, the customers credit card information is at high risk.Additional security measures addressing such concerns as passwords, employee identification numbers, and restricting employee personal use must be applied. For example, a substitute server can limit the employees internet access to approved websites (Bargranoff, Simkin, & Strand, 2008). Not only will a proxy server prevent counterproductive activity from employees, but it will also limit the exposure to threats from viruses, theft, and internet hackers. There are both strengths and weaknesses with Kudlers Fine Foods current computer technology practices.Kudler Fine Foods uses the POS system to record sales, items, quantities, prices, taxes and totals for all transactions. However a continuous challenge Ms. Kudler faces is the purchasing of additional inventory. The company uses forecasting, which allows the company to replenish its inventory based upon historical sales information. For the company to monitor its supply, a system must be implemented that will track person items and allow managers to re-order necessary inventory from this information. The issue with a forecasting inventory system is that the decisions are based upon past performance, 2 to 3 twelvemonths old.Unfortunately, sales do not follow the same pattern from year to year. In addition, sales from holidays, birthdays, weddings, and the like are not accounted for under the forecasting system. Every year orders will continue to change depending on the economic stability of the state. Furthermore, holidays will not always be on the same day and will afterwards affect the forecasting information. In the event that too much inventory is order, the excess is donated to charity if in good condition, if not the excess is thrown away. arsenal management is crucial due to the perishing potential of the inventory items.It is a delicate balance because to satisfy customers, there must be enough on gift merchandise to avoid sales losses. It is imperative that Kudler Fine Foods increase the use of technology, if the company is to continue to grow and thrive. Most importantly that is a definite need for a network to assist Ms. Kudler with her communication needs between her stores and add updated software to handle the companys inventory needs. To implement the new technology, support and training will be required. The procurement of new software will be required for Ms. Kudler and her employees to run effectively and efficiently.

Problem Review Set Capital Structure and Leverage Essay

Managerial Finance Problem Review Set Capital Structure and Leverage If a firm utilizes debt financing, an X% compensate in earnings before interest and taxes (EBIT) will result in a decline in earnings per share that is larger than X. True b. ill-advised 2) Firm A has a higher degree of business assay than Firm B. Firm A can offset this by using slight financial leverage. Therefore, the variability of both firms expected EBITs could actually be identical. 3) It is possible that two firms could have identical financial and operating leverage, yet ave different degrees of risk as measured by the variability of EPS. ) Which of the following events is likely to encourage a company to raise its target debt ratio, other things held constant? An increase in the corporate tax rate. An increase in the personal tax rate. An increase in the companys operating leverage. d. The Federal Reserve tightens interest range in an effort to fight inflation. e. The companys stock price hits a new high. 5) The firms target capital structure should be consistent with which of the following statements? Maximize the earnings per share (EPS). Minimize the cost of debt (rd).Obtain the highest possible bond rating. Minimize the cost of equity (rs). Minimize the burthen average cost of capital (WACC). 6) Which of the following statements isAs a firm increases the operating leverage used to produce a given quantity of output, this will normally lead to an increase in its fixed assets overthrow ratio. b. normally lead toa decrease in its business risk. normally lead to a decrease in the standard deviation of its expected EBIT. d. ormally lead to a decrease in the variability of its expected EPS. e. ormally lead to a reduction in its fixed assets turnover ratio. 7) Reynolds Resorts is currently 100% equity financed. The CFO is considering a recapitalization plan under which the firm would issue long-term debt with a yield of 9% and use the consequence to repurchase common stock. The recapitalization would not change the companys total assets, nor would it affect the firms basic earning power, which is currently 15%. The CFO believes that this recapitalization would ikely to fleet if the company goes ahead with the recapitalization plan?

Health Is the Wealth

Life is not merely to be alive but to be healthy and wealthy. Virgil says that The greatest wealth is health A Spanish proverb says that A man who is too busy to mint solicitude of his health is like a mechanic too busy to take care of his tools. Two things which is always on our mind is Health and Wealth. They are of utmost importance to all of us. Health and Wealth decide the quality of life we lead. If we deprivation to lead a happy life, wealth and health are both important. Wealth is the ability of fully experiencing life.It is true that wealth allow not mother a person good, but there is nobody who wants to be poor, just for being good. And as Benjamin Franklin says Wealth is not his, that has it, but his that enjoys it. However, there is a tendency of large number of people to run after wealth. They work to gather more and more wealth. Inthe process they ignore their health. They do not take care in eating food at the right time. In the process of gathering more wealth, they also undergo a lot of stress.So many people spend their health in gaining wealth and then spend their wealth to regain their health. Money can buy a refreshed but not health, we have to do a number of things to maintain our health . Now because of lack of exercises and proper food and stress the wealth whitethorn increase but health begins to suffer. It has been proved that overwork without care for health leads to a number of diseases. Disease like stomach ulcer, obesity are imputable to bad eating habits. Lack of exercises and stress leads to high cholesterol, Blood pressure and heart problems.So it is better to take care of your health. If we have health, we probably will be happy and if we have both health and happiness we have all the wealth we need. Health and intellect are two blessings of life. Happiness lies starting of all in health. Mahatma gandhi says that it is health that is the real wealth and not pieces of gold and silver. Taking care of ones health should be a continuous process. We should follow a routine of exercises and proper food. It is said that exercise if persued continuously help us to gain strength.We should also follow a diet that is beneficial for our health. Going on diet does not mean limiting your food. We should aim at improving the quality of our food intake. Buddha says that the secret of health for both mind and body is not to mourn the past but to live in the present moment wisely and earnestly. An Arabian proverb says that he who has health has promise and he who has hope has everything. To get rich never risk your health. For it is the truth that HEALTH is the WEALTH of all WEALTH

Reporting Practices & Ethics Essay

financial worry shadower buoy be defined as both an art and a science of organizing the financial resources of an organization in such a way as to achieve maximum output from the finances that are available to the organization. (Brigham & Ehrhardt, 2004). Financial focussing is one of the key aspects that each organization including healthcare facilities need to put more(prenominal) emphasis on to increase efficiency. The four elements of financial oversight There are four fundamental elements that guide the art of financial management (Baker & Powell, 2005) these includei) Financial accounting and reporting This element of financial management enables both the financial managers and the general managers to be able to undertake the legal reporting responsibilities by providing the information and data that can be scrutinized. ii) Financial analysis It is an indicator of the performance of an institution or a companion. It can be used to expose potential shortcomings or an y weaknesses which the management should put more focus on to be able to meet both short and long term goals of the institution. iii) Financial planning & BudgetingThe first two elements of financial management i. e. financial accounting and reporting and financial reporting, lead to the third element which is financial planning and budgeting. The financial plans and budgets are prepared from the first two tools and forget help to guide the company or institution in both the short run and the long run (Brigham & Ehrhardt, 2004). This is an important financial tool that can help to identify any shortfalls or shortages in the internal funds in an institution and thus point to the need for away funding such as debt or equity financing.iv) Financial Activities These are the activities which a company can explore to be able to make up for any deficit in the internal budget. These sources of financing could include retained earnings, contributions from donors and governments, equity an d debt financing and leases or concessions. Generally acceptable accounting Principles There are several principles that can be considered as acceptable in financial management and these include i) Consistency-this means that across all meter periods, all information that is gathered and presented should be the same.It holds that a company/institution cannot for example change the way in which they do their inventory without a valid reason for the change being include in the financial statements. ii) Relevance-this stands for the appropriateness of the information that is contained in the financial statements presented. These statements should be able to help one to predict the future financial state of the company or institution. Reliability-an independent party should be able to verify the information that is presented in the financial statements.The institution must be sure that an independent auditor would come up with the same findings if they were to carry out the same analy sis (Brigham & Ehrhardt, 2004). This is a great way for the company or institution to prove that it is miasmal and can be trusted. iv) Comparability- this means an institutions financial statements can relate with similar businesses within the same industry. This enables investors to note the differences within an industry to equalise the performance of a company in relation to others in the industry. These generally acceptable principles ensure that all the companies are on the same level acting grounds.General Financial Ethical Standards The ethical standards that should be closely observed in financial management include i) Conflict of Interest It materialises as a result of a clash of the private interests of an individual with the interests of the company. As a result of these actions one is unable to effectively carry out the duties payable to him/her in the organization. This can also be as a result of an individual or a member of his/her family receiving personal benefit s in an improper way due to the position they hold in the organization (De Boers etal, 2007).Another case that can pose about a conflict of interest is when one at the time of working for a company has associations with a competitor. Thus all staff of a company should report to the executive officers any transaction that is likely to bring about any conflict of interest. ii) Corporate opportunities This deals with the fact that one should always help the company to advance its interests first wherever possible and there should be no use of corporate property or information for improper personal gain. Employees are also prohibited from competing with the company or organization all directly or indirectly.This ensures that the institution always gets cover charge priority from its employees and at such improves business practices. iii) Compliance and Reporting All the employees of financial institutions should make it top priority to identify any potential problematic issues. They should also seek for help whenever they have doubts about the codes of conduct in the financial institution (De Boers etal, 2007). both violation of this should lead to subsequent disciplinary action. This standard is important as it helps the institution to identify any potential problem way before they occur if all the employees observe this standard keenly.iv) Public Disclosure The information in the public domains should not only be fair and accurate, but also punctual and understandable and should include the interest of all the key stakeholders in the institution. Information should not be knowingly misinterpreted or omitted or be presented in such a way as to cause others to do the same. This standard helps the institution to win the confidence of the public and more so the shareholders as it displays that their operations are transparent. v) Fair DealingEach employee in the institution should strive to be fair in their dealings with all the involved parties and especially the clients, suppliers and service providers as well as employees and competitors alike. This helps the institution to gain goodwill of all the people the deal with and it helps to build the reputation of the institution (Baker & Powell, 2005). Reporting Illegal and Unethical port It is the duty of all employees to report any one that is deemed to be going against these ethical standards.This reporting can either be internal or external and it should be treated with utmost confidentiality. References Brigham, E. & Ehrhardt, C. (2004). Financial Management Theory and Practice. Boston Massachusetts South Western College Publishing. De Boers, P. , Ruud, B. , & Wim, K. (2007). The Basics of Financial Management An introductory course in finance, management accounting and financial accounting. New York Routledge Publishers. Baker, K . ,& Powell ,G. (2005). Understanding Financial Management A Practical Guide. New Jersey John Wiley & Sons Inc.

The making of Doctor Zhivago

Arguably one of the most famous epic bucks of the last fifty years, David Leans 1965 reading of Boris Pasternaks novel concern Zhivago still continues to garner acclaim world-wide and was recently voted number thirty-nine in the recent AFI (American Film Institute) poll of the best century films of all time (100 films, 100 years www. AFI. com ), yet the road to the silver screen was not a smooth one.That the novel itself was ever create is the result of both luck, determination and civil disobedience. Semi-autobiographical in nature, an attempt perhaps on Pasternaks behalf to make sense of some of the horrors he witnessed during the Russian Revolution, crimson though his limp prevented his being called for active service, Pasternaks own love of art, beauty and poetry and the ability to discover those things even in a set ashore shadowed by tragedy was mirrored in his protagonist Yuri Zhivago.Like Zhivago, Pasternaks own poetry, while affording him a super respected reputation also resulted in problems with the politicians of the day, with his 1932 autobiographical poem Spectorsky resulting in accusations of anti-sociability and leading him to concentrate his time thereafter mainly to the translation of foreign playwrights and poets. (Press Book, Doctor Zhivago, Turner pastime Co).Although parts of Doctor Zhivago were written during the revolution, and also into the 1920s (Wikipedia) it was not until 1954 that the completed novel was to be ready for publication, originally submitted to (and declined by) the Russian journal Novyi mir, the manuscript was smuggled out of the country in 1957 by the Italian publisher Giacomo Feltrinelli , who despite receiving orders form the commie Russian government to return the manuscript unprinted, published the novel in Russian, with slope and Italian translations appearing the following year.Pasternak was awarded the Nobel Prize for Literature in 1958, but like his hero Zhivago, could not conceive of leaving his belo ved Russia and so, due to the communist principles of the ruling state was forced to decline his prize, explaining I am bound to Russia by my birth, my conduct and my work. For me to leave my country would be to die. (Press Book, Doctor Zhivago, Turner pastime Co). Pasternak was to die just deuce years later, eighteen years before his magnum opus was be published in his home nation.Acclaimed British film conductor David Lean, known for such masterpieces as The Bridge Over the River Kwai and Lawrence Of Arabia saw in Pasternaks story more than simply a story close the Russian revolution, but a highly complex love story, what he himself termed as the drama, the horror, the turbulence of the Revolution simply provides the canvas against which is told a moving and highly personal love story. (Press Book, Doctor Zhivago, Turner Entertainment Co).With an estimated budget of eleven million dollars, filming took place between December 1964 and October 1965 with a principle toss out in cluding Omar Sharif, Julie Christie, Geraldine Chaplin, Tom Courtenyy and Rod Stieger. (IMDb) The press book for the film claims that over a six month period, around 780 men, including 120 carpenters were responsible for transforming a ten acre neighborhood of the Madrid suburb of Canillas into an accurate representation of Revolutionary Moscow.Filming for the demonstration scene, and the revolutionary chanting accompanying it was said to have been so convincing that local residents at first thought that the demonstration was real and that Spanish Dictator Generalissimo Franco had been deposed, leading to subsequent filming of the scene to be closely monitored by the police. (IMDb)The two other most famous locations in the film could be said to be the ice palace at Varakyno which in reality was fashioned from a specially formed type of wax and the snowy plains of Finland doubling for the Russian Steppes, shown during the long train journey which lead in turn to one of the film indu stries most famous urban legends namely that a stuntwoman fell under the train during filming, losing both of her legs. (Snopes.com) In reality though, although she did indeed fall, and was injured, the injuries were not severe and she returned collar weeks later to re-shoot the scene. Above all else though, what is remembered about the film itself is the love triangle of three ordinary people just trying to make sense of love, life and the terrible times they are living in and although the premise of the film itself is in no way a happy one, it stands as a testament to the endurance of the human spirit.References Doctor Zhivago Special Edition 2 disc DVD (Warner Home Video) IMDb The Internet Movie Database http//www. imdb. com Wikipedia http//www. en. wikipedia. org Press Book, Doctor Zhivago, Turner Entertainment Co From the BFI (British Film Institute) http//lean. bfi. org. uk/material. php? theme=1&type=Press%20Book&title=zhivago&folder=dr_zhivago_1&fcount=2 American Film Institute (AFI) http//www. AFI. com Snopes. com http//www. snopes. com

Five Forces Analysis on Indian Retail Industry

Porters Five Forces Analysis on Indian Retail Industry An analysis of the structure of the industry should be undertaken in order to find utile sources of agonistical advantage (Porter, 1985). Therefore, in order to analyse the competitive environment of Tesco, Porters vanadium forces analysis has been used by the researcher as follows Threat of substitute products and services The threat of substitutes in the grocery retail market place is good low for nutriment items and medium to elevated for non- food for thought items.In the food retail market, the substitutes of major food retailers ar small chains of convenience stores, off licenses and organic shops which are not seen as a threat to supermarkets like Tesco that offer high quality products at considerably lower prices (Financial Times, 2009). More all over, Tesco is further getting hold of these shops by opening Express stores in local towns and city centres creating a hurdle for these substitutes to enter the market . However, the threat of substitutes for non-food items, for instance clothing, is fairly high.It should be noted that so tenacious as the economic recession prevails, customers will be inclined towards discounted prices hence Tesco is a threat to the potency shops. Threat of entry of new competitors The threat of entry of new competitors into the food retail industry is low. It requires massive capital investments in order to be competitive and to establish a brand name. Major brands that progress to already captured the food retail market are Tesco, Asda, Sainsburys and Morrisons and they account for 80% of all obtain in the UK (Mintel, 2010).Therefore, new entrants give way to produce clearlything at an exceptionally low price and/or high quality to establish their market value. Gaining planning authorisation from local government takes a considerable descend of time and resources to establish new supermarkets and this is therefore a considerable barrier to new entrants. Intensity of competitive rivalry The intensity of competitive rivalry in the food and grocery retail industry is highly high. Tesco faces intense competition from its direct competitors, including Asda, Sainsburys, Morrisons and Waitrose, which are ompeting with each other over price, products and promotions intermittently. It should therefore be highlighted that Asda is iodin of the key competitors in this segment with an increase of market share from 16. 6% to 16. 8% during the fiscal course of study 2010/ 09, while Sainsburys has shown an increase to 16. 1% from 15. 8% and Morrisons to 11. 6% from 11. 3% through the same uttermost (Euromonitor, 2010). The slow market growth essentially means that these increasing market shares from competitors have intensified the market rivalry, which is threatening Tescos market leadership position.In rural areas where the nearest superstore can be some distance away, some primary consumers are attracted by retailers like Somerfield and Co- op . Hard discounters like Aldi and Lidl have taken over the market in times of recession. During 2008 they recorded a growth of sales of over 25% (Keynote, 2010). dicker power of buyers The bargaining power of buyers is fairly high. In cases where products have a slight differentiation and are more standardized, the flip outing cost is very low and the buyers can easily switch from one brand to another.It has been proposed that customers are attracted towards the low prices, and with the availability of online retail shopping, the prices of products are easily compared and thus selected. Bargaining power of suppliers The bargaining power of suppliers is fairly low. It should be noted that the suppliers are inclined towards major food and grocery retailers and dread losing their business contracts with large supermarkets. Hence, the position of the retailers like Tesco, Asda, and Sainsburys is further strengthened and negotiations are positive in order to get the lowest possible pr ice from the suppliers.

“Ethnic Notions” Analysis Essay

Ethnic Notions is a historical film that takes the viewer through the entire course of American history from the 1820s to the 1980s. The songs, watching the films and seeing only the artifacts is what makes this film such a powerful tool. The film describes somewhat of the terms that were used to depict blacken Americans. Well into the twentieth century the mammy, the Coon, and the Sambo were all terms used in reference to black Americans. In 1941 the cartoon was made and made its focusing into many of the homes of American culture.In the early 1900s the substitution class of the Sambo spread and it became a portrayal of black work force in film. The Character is purposeless and irresponsible that will easily avoid work to take small-arm in food and dance. As the civil war approached, a new caseful accompanied the Sambo, the hie Coon. This character tried to portray whites that mocked the notion of racial equality. With these two together, they both defended slavery by sayi ng that blacks cant exert freedom.In films the role of the Mammy was a servant that was stereotypically a very dark and heavy woman that had her priorities set to doing whatever her master or mistress wished. Mammy was sh suffer as a loyal person that was protective everywhere the white household. She was a powerful person which became a stable figure in each image of the s egressh. It became hard to go without seeing this character in a southern home. This character was also a defender of slavery. But within her own family the Mammy is the controlling force which is the direct opposite of the way the household is viewed in society. She is shown as organism asexual and unattractive.Once the slaves became emancipated many white people said that the former slaves couldnt handle being without constant subordination to their white masters. Society called the emancipated blacks brutes, and the increasing public fear of them gave them the cognomen of black menace. Once motion picture was developed in the 20th century the images and the depiction of black Americans didnt change at all. The only difference now is the hate is now on film. Blacks began to immortalise theater and they used it as a step in the right direction to get out of the south and start a new life withopportunities.Through the 1940s the blackface became discarded but its image left its mark on society. Soon cartoons became the voice for racism. This way when any violence or mistreatment were occurring it would be entertaining and humorous. The cartoons had the power to influence young minds to see stereotypes as being entertaining by reservation references to black Americans being savages. Furthermore the only thing that domesticated black Americans was slavery. The myth says without the whites control over the blacks, their entire race would wind up being nothing more than savages.Ethnic Notions is an in shrewdness look at the roots of African American racism and stereotypes. The movie goes through 150 long time of racism and hatred towards black Americans, and the images that were spread throughout society that depicted African Americans to being lazy and careless. Also without slavery to keep them in check, myths say that they would resort to savage behavior.

Documents in a Business Environment

The polar styles of accounts that could be used be spreadsheets, selective information sheets, slide shows, letter, fax records and memos. The enters could be yarn-dyeed or they could be electronic format. 1. 2. When you create a document and store it onto your computed you can save it as different formats e. g. plain school schoolbook (. txt) Microsoft al-Quran (. doc). PDF is another format that can be used but is not edit suitable but you argon able to change the formats from PDF to Microsoft word when saving. . 3. The documents I educate reflect the comp each itself so if I produce low timbre ocuments with mistakes it doesnt give the company a professional image. A substantially quality document gives the customer a professional feel for the company and makes it easy to read, this overly attracts the customers to the product. If the document is high quality it makes the documents easy to follow for the customer which gives them less shit to do. 2. 2. 1 . To produce high quality documents in that location is many ways to do so.A high quality printer is a must for quality print outs, also a high quality photocopier so you get a neat clear print. A scanner is also very useful so you scan documents to their original orm. To make the documents look good quality you can add pictures to the document to give it a friendly look e. g. adding your company logo. You should also use a simple layout for a near look using a font coat that everyone will be able to read. 2. 2. Different resources to produce documents could be the internet, spreadsheets, PowerPoint, Photoshop. 2. 3.Different types of technology available for inputting, formatting and redact text could be A Computer (monitor, keyboard and mouse) or lap heyday. Printer or scanner and also word processing softwargon. A normal way of adding text into a calculating machine is hrough a keyboard that usually comes with the computer itself. All keyboards are laid out in near adequacy the same for mat. You press the letters on the keyboard that is then transferred onto your word document on the computer screen. In most organisations the word document that is used is Microsoft word.Microsoft word gives you many different ways to help you input and edit your text. You are able to use many different styles of fonts and are able to choose what size font you would like to use. You are also able to do a spell check off which scans your full document looking tor any spelling mis ption to correct them. takes that nave occurred and gives you 3. 3. 1 . The benefits of agreeing the purpose, content, style and deadlines for the production of documents is that all documents are written to a proper(postnominal) audience and obligate a consistent message.The breeding in the document is easy to access and is clear, dead-on(prenominal) and is readable. 3. 2. Before you start getting your documents together and organising them you need to find out how the documents is going to be presente d, the information that is going to be in the document, who the document is for. You need to stick out how long the ocument can be as you dont want to make it too long but dont want to not include not enough information and most importantly you need to know what the purpose of the document is.If you are producing a document you have never done before it would be best to do a rough plan of your work before you do the real copy and also you need to write in the recompense format (formal or informal) 3. 3. Text and non-text can easily be added into Microsoft word as it enables you to insert pictures, graphs, powder store art and also text boxes. Microsoft excel and PowerPoint are other examples of programs that you can also add text and non-text to. . 4. Most word programs have integrated spell checkers that are constantly checking every work you type onto the document.Spell checkers are not always correct, for example it could try to correct your to youre when it is not needed. Als o, spell- check does not have every word so sometimes you will need to add your bear words to the dictionary so next time you type it, it will show as correct. On Microsoft work to do a full spell check you go to Review on the go along bar and click Spelling & grammar on the left. 3. 5. Important documents whether majorly important or hardly important lifelessness have o be stored securely following certain policies and procedures like the Data Protection Act. It could be physical storage e. . putting into files or boxes and put away. Or it could be digital storage e. g. storing onto a hard drive or usb stick. Files that are stored in anyway have to be stored safely that no one else other than the mickle authorised can get access to. 3. 6. If personal information gets released to people without permission to see it can have serious consequences as it should be protected by the data protection act. t is important to meet deadlines because it saves time which means it saves oney a nd also we want to meet deadlines so we get things done quick and we are ahead of our competitors.Not meeting your deadlines means other people who are working on the same case can also not meet their deadlines as they have to wait on you. For example, if i do not get a pack out by 4. 45pm on the day the deal is sold the advisors have to wait another day on top of waiting to receive the pack back to submit the pack to the lender. This overall cause the income of the company which effects everyone elses salary and disrupts any bonus system put in place.

Focault- Discipline and Punish

Table of contents Introduction2 Brief Overview2 of import arguments of discipline and Punish4 Power4 Prisons as part of acculturation4 Punishment5 The Body and Soul5 Evaluation of chink and Punish6 Conclusion7 ? Introduction M. Foucault. 1975. elucidate and Punish The birth of the prison. New York Random House Inc. Below is an in depth hand retrospect of Discipline and Punish, The Birth of the Prison. The author who compiled the analysis on this is Michel Foucault, whom issued enlightenment on some(prenominal) different aspects of sociology and philosophy- many which ar still immensely relevant to societies today.I will be utilize this book review to telephone circuit an outline of Foucaults work, viewpoints and purposes as such. A want with this I will include my personal critique of my literary experience of the book. I will consider important factors of logic, coherence, evidence, expertise and originality. These specified fields are solely crucial to useful and mean ingful sociological theories. In brief, my aim is to clarify the argument presented by Foucault and provide my account of its validity. Brief OverviewMichel Foucaults, Discipline and Punish, provides the reader of the historical meterline which ends at the institution of imprisonment that most forward-looking societies baffle adopted today. The just of his intentions for the book are presented in the beginning section. Much of this includes his aim which is to spectre the penal form back to its roots in order to define and identify its significance in the present. These roots begin in the seventeenth century. Here public torture and execution prevailed as the imprint of punishment.As aspects of society changed, especi in every(prenominal)y forefinger structures, so did this schema of punishment- much like in an evolutionary manner. At this point it is probably important to highlight that a better alternative to the concept of the penal timeline, is alternatively a cycle- t hus making visible the state it was in at birth and p dopeting its journey to maturity. The suppositional account of the prison is not yet a comprehendible result or solution in the commencement ceremony sections. Punishments were rather inhumane and gruesome methods of torture and execution which were public spectacles. The point of this was the solidification of the power figures amongst their mountain.This notion of power stirred amongst raft who were ultimately discontent with the inefficiency of these structures. Whilst attempting to resolve this, a reform was created. Sadly, the preoccupation of the reform blinded people to the inhumanity, suffering and pain being brought upon these so-called criminals. Following this we fulfill the inflection to private and secret forms of punishment which was cut-off from public visibility. Coercive practices resulted in submissive criminals, with credit given to upstart techniques established by adapting and altering out-dated meth ods.The separation and the shift of focus from the body to the sense were early delimitate factors of the modern system. These excessively form an immensely important theme that is recurrent throughout the book. Foucaults theoretical cycle of the penal system then moves on to preparation of criminals for their lives after incarceration and attempts to reintroduce these people back into society as respectable civilians. Considering noted critiques on this section, it remains unclear as to whether this was prosperous at its time of occurrence.An issue arising on with this stage is that of judgement- who is qualified to pass judgement and what standards are employ for comparison? Finally, in the closing sections of the book we reach the heart of the book where we see the introduction of the first prison- highly influenced by the panoptic, and the penultimate stage which Foucault dates February 22, 1840. This date marks the success of the first carceral system which perfect the fa ilures and short-comings of all the previous strains. Currently this institution has embedded itself in society and is the back-bone of order, laws and norms.The fact that at the hour there is no better alternatives to this, offers the assumption that the modern penal system has succeeded or human sciences are still advancing in order to further evolve current organisation- hence my prior labelling of this phase the penultimate. I feel that the purpose of the book is to inform the reader on a long list of various facets relating to sociology. These include the carceral system, the classical period, discipline, norms, power and penalty- to mention only a few. These all fork out significant importance in human sciences.My reaction or evaluation will conclude that Foucault has sprucely addressed establishments in sociology whilst using the penal system as a communalality to provide a practical sample- which in turn favours the readers understanding of sociology in general. The aud ience for this theoretical work is most seeming to crisscross scholars of human sciences and philosophy. It may also spark interests of inquiries into the classical period given its historical flair. Main arguments of Discipline and Punish Power Foucault uses power as a central point of reference for punishing.All or most aspects of the book revolve around this, or come back to it at a point. concord to him, as power structures change, so does the penal system. It adapts to requirements. In the section of the book titled Body of the condemned, we see how torture and punishment was used to reinforce the power of the s everyplaceeign. Knowledge is also important to power, because it is seen as the tide over for power. Those with greater noesis, tend to yield or compile greater power. Power produces knowledge . . . power and knowledge directly imply one another . . . here is no power relation without the cor sexual congress character of a field of knowledge, nor any knowledge t hat does not presuppose and constitute at the same time power relations. Foucault describes that power can range from modifying ones self- check to complete coercion. It is embedded in society and all relations. As long as power relations exist, there will al right smarts be natural authority and control. Here we see the effects of the power to judge. Those possessing power and knowledge use their controls on society to establish norms whereby they evaluate the actions of people.Post-judgement and examination incarceration is determined by how far the perpetrator strays from conventionalism. In Foucaults opinion, society has allowed sceptic officials to take the power to judge- people such as medical examination professionals, psychologists, etc. In essence, it is argued that power controls society, yet it cannot be controlled. Prison as a part of civilisation It is emphasised time and time again throughout the book that the prison is part of society and the devil cannot be sep arated. Prison is based on the judicial system (laws and rules governing our daily lives), which is embedded and weaved into society.Often Foucault mentions prisons along with institutions such as schools, hospitals and armies etc. They are all organised using the same framework of control and judgement- which emphasizes his stance that it is a part of society. The penal system of prison is too far incorporated into our lives to cut through the connection which exists. Punishment The art of punishing moldiness rest on a whole technology of representation Foucault argues that each punishment should teach a lesson. It should not only take away a delinquents liberty and freedom, it should make them work, keep them active, enforce good habits.Prior to this, the penalty should correlate with the crime committed in order to create relevance. It need not be an attempt to control the body, but rather effect regulation directed at achieving a goal- such as reintegration into community aft er incarceration. Discipline must be continuous and must take the role of coercion. This we see from Foucault that it can be through with(p) using timetables and ranks- here differentiation of various series is important. The Body and Soul Punishment was initially assigned to the fleshly body using methods of torture for example.In addition to this, the body could be used to stir fear amongst people during public executions. The body and the visible are reinforcing factors. However, with the changes in power, the body is no longer a target of direct punishment. The body now, as Foucault says, is supervised, controlled and organised. Although the body is replaced with the soul, it will still share an adjacent bond with punishment. Foucault argues that he produces a genealogical account for the modern soul- meaning that he intends to identify where the soul originated. in that respect are two factors to this process in Discipline and Punish.First it is what is revised above- is the soul takes over from the body as the directive for punishment. Secondly, the shift from body to soul and the new methods of discipline have ultimately generated or created the soul. unconnected the body, there are no limits to how you can penalize the soul. Evaluation of Discipline and Punish Firstly, I will start by commenting on the extent to which the book achieves its desired goal. Foucault initially wanted to provide a power of speech for those confined to a discourse. This includes those who do not have the knowledge required to accumulate power.I feel that their issues have been brought to light, however the reasons exceeding this is for the purpose of gaining insight into the functioning of society in sociological terms. This does not give help to their possibly ambiguous labelling of being abnormal. They have purely set out a vessel to greater knowledge. Foucault rejected norms as positive determinants. It was seen by him as negative and oppressive. The crotchety pheno menon is not a natural process instinctually followed by humans. Foucault strived to highlight this irregularity through his book.However, when commenting on individualization (which opposes norms) there is an inherent negative notion towards the concept. What then, if against norms and individuality, does Foucault conceptualise as an alternative? This is a possible interpretation of an argument which is incoherent and conflicting. Ultimately, as we see towards Foucaults final sections, that his intention was not to ignite confederation and doubt in the minds if the reader regarding the prison, but rather to create understanding of its operation and the factors contributing to its processes.This was done with the utmost success. The historical context and actual case studies used provide valid and convincing confirmation. His views at this point are adequately supported. In terms of possibilities suggested by the book Foucault leaves us with the premise that the carceral system i s very destructive in more ways than one. He also provides a new way for us to think of this system- as strong and highly powerful. We see that Foucault is optimistic toward change- thus highlighting prospective opportunities for the carceral system as well as the human sciences as a whole.The subject matter of the book has to this day not received further query- nothing of such extensive significance. Foucault has successfully provided us with a realistic account into the historical penal system and at the same time addressed common compositions in sociology- much like his section on individualism. The material available to us regarding the penitentiary system tends to focus on detail regions or prisons-commonly those in the United States. A book which is well sexual on the issue at hand is Situational Prison Control by Richard Hartley. However, it still does not split into the history and birth of the phenomenon.Foucault successfully identified a research topic which was in n eed of attention and enlightenment. I feel an aspect Foucault neglected to focus on was future summations for the penal system and all it entails. We do not see any of his suggestions for possible ways forward or resolutions to the problems that exist. He has a tendency throughout the book, to highlight many downfalls yet no solutions. A few of personal proposals would have stimulated the readers thinking, ultimately opening doors for advancement for progress. Along with the above, I feel there is a lot that needs to be said on social divides amongst society.Foucault briefly touches on classes and social and economic stead but almost immediately redirected the train of thought. There is more to various demographics which influence all institutions throughout societies. Foucault failed to report on this and the way that their changes affect power relations and ultimately the penal system. Some of these demographics may include gender, age, race and ethnicity. Conclusion I constantly referred back to specific criteria when considering the main arguments or theories of Discipline and Punish. This was helpful in concluding my opinion on whether Foucault has successfully argued his theory.My review concludes that a good research problem was identified and stated. The causes of this were also made apparent to the reader. Foucault carefully planned the way he would take-on this topic by testifying clear and concise points of view. At times it felt as though the argument was not coherent in that it would jump from one context to another. However, the main arguments and themes- such as the body and the soul were constantly referred to. This redeemed coherence with a well tied together and relevant argument- especially in the last section where everything is positioned into place.The evidence Foucault uses to elaborate his views and arguments are sufficient to enhance the validity of his study and specific arguments. He often provides actual occurrences in history- muc h like his introduction reporting on Damiens execution in 1757 and referring to the opening of Mettray prison colony. Extensive referencing has been made available allowing further validation of facts. This in turn contributes to his ability to convince and persuade. Michel Foucault most definitely possessed the right attributes and expertise to work on this research problem.He had extensive training and experience in human sciences, from which he created his career. His direct encounters with the penal systems and prisons also granted him access to knowledge not readily available to others- thus making his expertise relative to the issue at hand. Keeping the short-comings I have mentioned in mind, I feel that Foucaults arguments are valid and they all have been researched to the point where its concrete significance cannot be denied. Their continued relevance over the years supports my conclusion and it has in general been presented in a clear and concise manner.

World

mission on Reforms of cruel jurist remains G everyplacenment of India, Ministry of Home personal matters breed VOLUME I INDIA March 2003 delegation on Reforms of deplor open nicety agreement Government of India, Ministry of Home Affairs hot seat Dr. jurist V. S. Malimath Formerly, head justness of Karnataka and Kerala juicy Courts hot seat, Central Administrative Tribunal Member, National Human Rights counselling Bangalore 560 052 MEMBERS S. Varadachary, IAS, (Retd. ) Bangalore 560 076 Amitabh Gupta, IPS, (Retd. ) Formerly, Director General of natural law, RAjasthan Jaipur 302 015 Prof. (Dr. ) N. R. Madhava Menon Vice-Chancellor air jacket Bengal National University Of Juridical Sciences Kolkatta 700 098 D. V. Subba Rao Advocate Chairman, Bar Council of India Vishakhapatnam MEMBER SECRETARY Durgadas Gupta Joint repository Ministry of Home Affairs, Government of India unfermented Delhi 110 011 STAFF OF THE COMMITTEE Sri C. M. Basavarya Formerly, regulate & Sessions Judge, Registrar & Director of Training, high school Court of Karnataka. Bangalore 560 094. administrator Director Sri K. Girither inspector Central Reserve Police promote Personal comrade Smt Binnu Menon Sub Inspector Central Reserve Police Force Stenographer Sri S. M. Reddy Asst. Sub-InspectorCentral Reserve Police Force Clerk Sri V. Raja police constable Central Reserve Police Force Office Attender Sri M. K. Uthaiah Constable Central Reserve Police Force Office Attender mission on Reforms of Criminal referee dodge (Government of India, Ministry of Home Affairs) 12/A Diagonal Road Vasanthanagar Bangalore 560 052 Everything has been said already, but as no superstar listens, we must always begin again. Andre Gide French thinker and writer CONTENTS touch off I FUNDAMENTAL PRINCIPLES 1. 2. 3. 4. 5. 6. Need for Reform of the Criminal arbitrator System Adversarial System Right to Silence Rights of the AccusedPresumption of pureness and Burden of Proof businessness to V ictims 3 23 39 59 65 75 PART II INVESTIGATION 7. Investigation 8. 87 barbarous prosecution PROSECUTION 125 PART III court 9. 10. 11. 12. 13. Courts and Judges Trial Procedure Witness and Perjury Vacation for Court Arrears Eradication Scheme 133 cxlv 151 157 163 PART IV CRIME & PUNISHMENT 14. 15. 16. 17. 18. 19. 20. Offences, Sentences, Sentencing & Compounding Reclassification of Offences Offences against Women Organised Crime Federal faithfulness and Crimes act of terrorism stinting Crimes 169 181 189 195 207 213 233 PART V LOOKING AHEAD 21. 22. 23. Emerging Role of the Legal ProfessionTraining A scheme for Reform Vision for Better Criminal arbiter System 249 253 259 PART VI RECOMMENDATIONS 24. Recommendations 265 ACKNOWLEDGEMENT The race is grateful to Sri. L. K. Advani, Deputy Prime Minister and Home Minister, for his vision for spaciotemporal reforms of the entire Criminal Justice System including the profound principles and the relevant laws. Hitherto, efforts we re make to reform yet certain set of laws, or one particular functionary of the transcription in piecemeal. This type of compartmental examination missed the vital focalise on legal expert to victims and national concern for peace and security.The commitment made by him and his distinguished colleague Sri. Arun Jaitley, Minister for rectitude and Justice, to implement the reforms, once the mission makes its recommendations, is a fitting answer to the cynics that the propound on Reforms of Criminal Justice System will be one more addition to the some(prenominal) antecedent reports that ar gathering dust in the Archives of the Government. The citizens committee is beholden to the past brain Justice of India, Dr. A. S. Anand, for c every(prenominal)ing upon all the High Courts to provide all breeding and assistance the committee needs.Our grateful convey to fountain old-timer Justice Sri. B. N. Kirpal for ensuring that all the High Courts organize the reports sough t by the committee on the landed estate of Health of Criminal Justice in their several(prenominal) assures. The Committee is grateful to Sri Justice V. N. Kh ar, the master(prenominal) Justice of India for avincing keen interest in the Committee work. s Justice P. V. Reddy, Judge Supreme Court, the then Chief Justice of Karnataka High Court, placed at the disposal of the Committee, the building for housing the Committee means in Bangalore. The Committee is grateful to him. sThe Committee is grateful to all the State Governments, High Courts, Officers of the Police Departments, Prosecution Department, Law Departments and Home Department. Our sincere thanks to the Bar Association of India, New Delhi, the Indira Gandhi Institute of Development enquiry at Mumbai and Asian College of Journalism, The Hindu in Chennai for collaborating with our Committee in organising seminars on distinguishable topics and to the National Law Universities at Bangalore and Kolkatta for rendering what ever assistance the Committee needed from time to time. Our thanks to Sri. Shivcharan Mathur, former Chief Minister Rajasthan, Sri.Justice N. L. Tibrewal, former Chief Justice of Rajasthan, Justice Dave, Sri. Rajendrashekhar, former Director CBI and DGP Rajasthan, Sri. K. P. S. Gill, former DGP Punjab and Assam, Sri. Rajath Sharma, Media personality and Prof. P. D. Sharma for assisting the Committee in organising the seminar at Jaipur. Our sincere thanks to Chief Ministers, Ministers, Judges pre move and former, distinguished lawyers, Police Officers, media personalities, politicians, cordial scientists, institutions and organisations and NGOs who have assisted the Committee in organising or participating in seminars, group discussions or meetings.A joint of special gratitude to the respected Dr. R. Venkataraman, former President of India, Sri. Bhairon Singh Shekhawat, Vice-President of India, Former Chief Justices Ranganath Misra, Ahmadi and Kania, Justice Jagannatha Rao, Chairma n, Law direction of India, Justice Jayac distributera Reddy, Chairman Press Council of India, Justice K. T. Thomas, Sri. Soli Sorabjee, attorney General for India, Sri. Fali Nariman, President, Bar Association of India, Senior guidance Dr. L. M.Singhvi, Sri. Venugopal, Sri. Shanti Bhushan, Sri. Dipankumar Gupta, Sri. V. R. Reddi, Sri. K. N. Bhat, Sri. C. S. Vaidyanathan, Sri Lalit Bhasin, ennoble Goldsmith, Attorney General of England, Sri Badri Bahadur Karki, Attorney General of Nepal and experts from USA, Judge Kevin Burke, Mr. Robert Litt, Mr. Ranganath Manthripragada, Ms. Dianne Post from the USA and Mme Maryvonne Callebotte, Mr. Jean Luis Nadal, Mr. Roussin, Mme. Claude Nocquet and Mr. Lothion from France.The Committee appreciates the sustainful gesture of the Governments of USA, France and UK in inviting the Committee to chew their States to acquaint the Committee with the functioning of their respective Criminal Justice Systems and the reforms they be undertaking. The Committee could non go to USA ad UK for want of time. The Chairman and Sri. D. V. Subba Rao could visit France. Our grateful thanks to USAID for bringing in four experts to Delhi to brief the Committee virtually the Ameri dissolve System. The Committee would like to record its deep sense of appreciation for the excellent dedicated service of Sri.C. M. Basavarya rendered as Executive Director of the Committee. The Committee is thankful to the Director General of CRPF for lending the staff consisting of Inspector K. Girither, Sub-Inspectors Binnu Menon and G. Yamini Rekha, Asst. Sub Inspector S. M. Reddy, Constables V. Raja and M. K. Uthaiah to work for the Committee. The Committee records its appreciation and conveys its thanks to each one of them for excellent service and help to the Committee to complete its task on schedule. PART I FUNDAMENTAL PRINCIPLES 2 3NEED FOR REFORM OF abominable umpire SYSTEM _ Law should not sit limply, while those who defy it go free and those who essay its protection lose hope. (Jennison v. Baker (1972) 1 All ER 997). COMMITTEE AND ITS WORK 1. 1. The Committee on Reforms of the Criminal Justice System was constituted by the Government of India, Ministry of Home Affairs by its order dated 24 November 2000, to consider measures for revamping the Criminal Justice System. (Annexure-1). The foothold of reference for the Committee are i. ii. iii. iv. v.To examine the fundamental principles of criminal code, including the constitutional provisions relating to criminal decree and see if whatsoever modifications or amendments are required thereto To examine in the light of findings on fundamental principles and aspects of criminal jurisprudence as to whether there is a need to re-write the Code of Criminal Procedure, the Indian Penal Code and the Indian present make for to bring them in tune with the demand of the multiplication and in harmony with the aspirations of the deal of India To make specific recommendations on simpl ifying judicial mathematical operations and ractices and making the de deceasery of justice to the common man closer, faster, simple(a) and inexpensive To suggest ways and means of developing such synergy among the judiciary, the Prosecution and the Police as restores the confidence of the common man in the Criminal Justice System by protecting the gratis(p) and the victim and by punishing unsparingly the guilty and the criminal To suggest sound scheme of managing, on professional lines, the pendency of cases at investigating and trial stages and making the Police, the Prosecution and the Judiciary accountable for delays in their respective domains vi. To examine the feasibility of introducing the concept of Federal Crime which can be put on key step forward I in the Seventh Schedule to the Constitution. 1. 2. The Committee was constituted under the Chairmanship of Justice V. S. Malimath, former Chief Justice of Karnataka and Kerala High Courts, Chairman, Central Administrati ve Tribunal and Member of the Human Rights Commission. The other members of the Committee are Sri S. Varadachary, IAS (Retd), former Advisor, Planning Commission of India and Sri Amitabh Gupta, former Director General of Police, Rajasthan.Sri Durgadas Gupta, Joint Secretary (Judicial), Ministry of Home Affairs was made the Secretary. On the recommendation of the Committee Justice Sri T. S. Arunachalam, former Judge of Madras High Court and Prof. N. R. Madhava Menon, Vice-Chancellor, West Bengal National University of Juridical Sciences were co-opted. Later, Justice Sri. T. S. Arunachalam tendered his resignation on personal grounds where-upon Sri D. V. Subba Rao, Advocate who also happens to be Chairman of the Bar Council of India was co-opted in his place.Sri Durgadas Gupta, Secretary of the Committee was made the Member Secretary of the Committee. Sri C. M. Basavarya, former District Judge and Registrar of the Karnataka High Court was appointed as Executive Director so that the Co mmittee has the benefit of trial court experience in criminal matters. The term of the Committee, which was six months from the date of its world-class sitting, has been extended till 31 March 2003. Thus it whitethorn be noted that there is a wholesome combination of expertise of all the relevant fields the Judiciary, the Bar, the Police, the legal academic and administrator. . 3. The notification constituting the Committee does not expressly state the reasons for constituting the Committee, obviously for the reason that they are too well- live onn. The statement in the notification that the Committee has been constituted to consider measures for revamping the Criminal Justice System implies that the Criminal Justice System is in such a very bad state as to call for revamping. A former Chief Justice of India warned approximately a decade ago that the Criminal Justice System in India was about to collapse.It is common k right offledge that the two major problems It is common know ledge that the besieging the Criminal Justice System two major problems besieging the are huge pendency of criminal cases Criminal Justice System are huge and the inordinate delay in disposal of pendency of criminal cases and the criminal cases on the one hand and the inordinate delay in disposal of very low rate of conviction in cases criminal cases on the one hand and involving serious law-breakings on the other. the very low rate of conviction in This has encouraged crime.Violent and cases involving serious crimes on organised crimes have become the the other. order of the day. As chances of convictions are remote, crime has 5 become a profitable business. Life has become unsafe and people live in constant fear. Law and order situation has deteriorated and the citizens have lost confidence in the Criminal Justice System. 1. 4. The ultimate aim of criminal law is protection of rectify to personal liberty against invasion by others protection of the weak against the strong law a biding against lawless, peaceful against the violent.To protect the rights of the citizens, the State prescribes the rules of mete out, sanctions for their violation, machinery to enforce sanctions and procedure to protect that machinery. It is utter selfishness, greed and intolerance that lead to deprivation of feel, liberty and property of other citizens requiring the State to step in for protection of the citizens rights. James Madison writes in his book The Federalist that if men were angels no politics would be undeniable. It is the primary function of the government to protect the basic rights to life and property.The State has to let protection to persons against lawlessness, dis dapper behaviour, violent acts and fraudulent deeds of others. Liberty cannot exist without protection of the basic rights of the citizens by the Government. 1. 5. This is the first time that the State has constituted such a Committee for a thorough and comprehensive analyse of the entire Crimi nal Justice System so that necessary and effective systematic reforms can be made to improve the health of the system. Prison administration is one of the functionaries of the Criminal Justice System.However, it does not fall within the enactment of the Committee. All the earlier initiatives were of a limited character to bring about reforms in the relevant laws, substantive and procedural laws, judicial reforms or police reforms. The Committee is required to reach into account the recommendations made by the Law Commission of India, the Conference of Chief Ministers on Internal Security, the Report of Task Force on Internal security and Padmanabhaiah Committee Report on Police Reforms. 1. 6. The terms of reference are very wide and comprehensive.They require the Committee to examine the fundamental principles of criminal jurisprudence and relevant constitutional provisions and to suggest if any(prenominal) modifications or amendments are needed. If, on such brush up the Committ ee finds that any amendments to the Code of Criminal Procedure, the Indian Penal Code or the Indian Evidence Act are necessary to bring them in tune with the demands of time and the aspirations of the people, it can make necessary recommendations. The Committee is not called upon to consume up a general review of all these three statutes. The mandate of the Committee is limited o recommending only such amendments to these statutes as may be necessary in the light of its findings on review of the fundamental principles of criminal jurisprudence. Therefore, the Committee has not undertaken any general review of these Statutes. 6 1. 7. The well recognised fundamental principles of criminal jurisprudence are presumption of innocence and right to silence of the accused , burden of proof on the Prosecution and the right to fair trial interrogative sentence of . Adversarial System followed in India being an aspect of the concept of fair rial falls within the prospect of the Committ ee. Simplifying judicial procedures and practices, bringing about synergy among the judiciary, Simplifying judicial procedures the Prosecution and Police, making and practices, bringing about the system simpler, faster, cheaper synergy among the judiciary, the and people-friendly, and restoring the Prosecution and Police, making the confidence of the common man are system simpler, faster, cheaper and the other responsibilities of the people-friendly, and restoring the Committee.This includes up confidence of the common man are the investigation and trial procedures the other responsibilities of the on professional lines for quick Committee. dispensation of justice and making the functionaries accountable. The Committee is also required to examine if the concept of Federal Crimes can be put in List 1 of the Seventh Schedule of the , Constitution so that it becomes the exclusive accountability of the Central Government. STRATEGIES ADOPTED BY THE COMMITTEE 1. 8.Realizing the hugen ess and magnitude of the task, the Committee unconquerable to reach out to every section of the auberge, which has a stake in the system, directly or indirectly. Accordingly the Committee decided to (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) Prepare a questionnaire and obtain responses from all walks of society. Organize seminars on important issues in different split of the country. Participate in seminars or meetings organised by others. Meet citizens from different States hailing from different walks of life. keep the views of the State Governments. obtain the views of the High Courts and the Judges. Obtain the views of Central and State Bar Councils and members of the Bar. Seek the views of Attorney General and Advocate Generals of the States. Obtain the views of the precedes of Police Departments. Obtain the views of the Heads of Prosecution Departments. Obtain the views of the Forensic Scientists. Obtain the views of the academics in law. Obtain the view s of the media persons. Get explore done by scholars on important topics. 7 (15) (16) (17) (18) (19)Study the relevant reports of the Law Commission of India, Report of Dharmavira Committee, Report of Padmanabhaiah Committee, Report of Vohra Committee, Report of Task Force on internal security, Report of Chief Ministers conference on Internal Security and other Commissions on topics relevant to the Criminal Justice System. Study the Criminal Justice Systems in U. K, Australia, France, USA and other countries and the reforms undertaken by them. Make a comparative study of Criminal Justice Systems in 20 selected countries from different continents. Interact with experts from different countries in the world.Examine Reports of the National Crime Bureau upto 2000. 1. 9. later on an in-depth study of the problem facing the Criminal Justice System the questionnaire was prepared and sent to 3,164 persons enclosing a pre-paid envelope to enable them to respond without incurring any expend iture. The list includes the Prime Minister, Home Minister, Law Minister, Attorney General, Home Secretary, Law Secretary, Govt. of India, Law Commission of India and functionaries of the State Governments such as the Chief Ministers, Home Ministers, Law Ministers, Chief Secretaries, Law Secretaries, Home Secretaries, Advocate Generals, D.GsP, Director of Prosecution, the Chief Justices of the High Courts, Senior District Judges, different Bar Associations and State and Central Bar Councils, Bar Association Lawyers. However the rate of responses stock is only 284. 1. 10. Views of all the High Courts and information relating to institutions, pendency, disposal and other relevant information were sought from all the High Courts. As the response was not encouraging, the Chief Justice of India, on being requested by the Chairman, called upon all the High Courts to send their responses.As a result of the initiative of the Chief Justice, all the High Courts have sent their reports. (Refe r Appendix 5, Volume II). However some of them have not furnished all the information sought, in the pro forma in regard to filing, disposal, pendency of criminal cases etc. 1. 11. Similarly all the State Governments were requested to send their views. But only the States of Arunachal Pradesh, Haryana, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh and Jammu & Kashmir have submitted their replies. Other States have not responded inspite of repeated requests. (Refer Appendix 6, Volume II). . 12. Reports on the functioning of the prosecution system in all the States were sought from the respective heads of Police Departments. Reports have been received from the States of Arunachal Pradesh, Bihar, Goa, Himachal Pradesh, Karnataka, Madhya Pradesh, 8 Orissa, Tamil Nadu, and Uttaranchal. Others have not responded. (Refer Appendix 7, Volume III). 1. 13. The Committee organised seminars as follows consider 9 February 2002 Place Chennai affair Media and Criminal Justice System 23/24 February 2002 Jaipur Reforms of Criminal Justice System (Investigation, Sentencing and Prosecution) 2/23 March 2002 Mumbai Economic Crimes and Financial Frauds 26/27/28 April 2002 Delhi extreme Principles of Criminal Justice A Fresh Look. 1. 14. Several other seminars organised on the recommendations of the Committee by different organizations and many more seminars organised by different organisations on the topics concerning the Criminal Justice System in which the Chairman or members of the Committee actively participated are the following Date Place Topic 16 February 2002 Haveri, Karnataka Reforms of Criminal Justice System 10 July 2002 Delhi Use of Handcuffing a rational approach. 7/28 July 2002 Hyderabad Forensic Science, its use and application in investigation and prosecution. 12 September 2002 Lucknow Symposium on Criminal Justice Administration and Dalits 13 September 2002 Allahabad 4 October 2002 Delhi Application of Information Technology in Legal System and Reforms O f Criminal Justice System. Insulating Police from External Pressures. 10/11 October 2002 Delhi Law of Arrest Accountability. 11 January 2003 Pune Reforms of Criminal Justice System Speedier and Efficient Procedure for Trial Of Criminal Cases. Police Powers and 9 1. 15.It is heartening to know that many eminent personalities participated in these seminars. Notable among them are Dr. R. Venkataraman, former President of India, Sri Bhairon Singh Shekhawat (now Vice-President of India), Sri Arun Jaitley, Honourable Minister for Law, former Chief Justices Sri Ranganath Misra, Sri A. M. Ahmadi, Sri M. H. Kania, Dr. A. S. Anand, former Supreme Court Judges Sri. K. Jayachandra Reddy, Sri. Jaganadha Rao, Sri. K. T. Thomas and many Senior Advocates Sri. Fali Nariman, Sri Soli Sorabjee, Attorney General, Sri K. K. Venugopal, Sri Shantibhushan, Sri. P.P. Rao, Sri V. R. Reddy, Sri. Dipankar P. Gupta, Sri. K. N. Bhat. 1. 16. The Chairman held discussions with Mr. Badri Bahadur Karki, Attorney Ge neral of Nepal who is engaged in reforming the criminal prosecution system in his country. The Chairman discussed with Lord Goldsmith, Attorney General of U. K and held discussion with particular reference to several reforms undertaken in that country. The Chairman and members prof Madhava Menon and Mr. Subba Rao participated in a video conference on reforms with prominent criminal lawyers from U. K. The Chairman and member Mr.Subba Rao visited capital of France on the invitation of the French Government to study the Inquisitorial System followed in that country. Similar invitation from USA result USAID could not be accepted for want of time. Therefore USAID was good enough to send four experts to New Delhi who enlightened the Committee about the salient features of the Criminal Justice System in USA. 1. 17. The Committee made an in-depth study of the materials gathered in respect of all the 19 items mentioned in the earlier paragraph. CRIMINAL JUSTICE SYSTEM AN OVERVIEWWhatever views one holds about the penal law, no one will question its importance to society.This is the law on which men place their ultimate reliance for protection against all the deepest injuries that human conduct can inflict on individuals and institutions. By the same token, penal law governs the strongest force that we permit authorised agencies to bring to bear on individuals. Its promise as an instrument of safety is matched only by its precedent to destroy. Nowhere in the entire legal field is more at stake for the community or for the individual. Herbert Wechsler 10 1. 18. There was no criminal law in uncivilized society. Every man was nonresistant to be attacked on his person or property at any time by any one.The person attacked either succumbed or over-powered his opponent. A tooth for a tooth, an eye for an eye, a life for a life was the forerunner of criminal justice. As time advanced, the injured person agreed to accept compensation, instead of putting to death his advers ary. Subsequently, a sliding scale of satisfying ordinary offences came into existence. Such a system gave birth to the antiquated criminal law. For a long time, the application of these principles remained with the parties themselves, but gradually this function came to be performed by the State. . 19. Since liberty and the promulgation of our Constitution rapid strides have been made in almost all fields. The communication conversion has opened the eyes, ears and minds of millions of people, resulting in increasing expectations of an ever growing population. The desire for quick, fair and affordable justice is universal. auspices of life and liberty have been given a pre-eminent position in our Constitution by enacting article 21 as a fundamental right and imposing a duty on the State to protect life and personal liberty of every citizen.Any deprivation or breach of this valuable right is not permissible unless the procedure prescribed by law for that purpose is just, fair and reasonable. Has the State been able to keep up to this promise in a substantial measure? The ground reality, however, is that this precious fundamental right is turning out to be a mere pipe dream to many millions to whom justice is delayed, distorted or denied more than its delivery in accordance with the ideals enshrined in the Constitution. The entire existence of the orderly society depends upon sound and efficient functioning of the Criminal Justice System. 1. 20.Latest report of the National Crime depict Bureau, 2000 (NCRB) published by the Ministry of Home Affairs, shows that in the course of study 1951 there were 6,49,728 cognizable crimes under the IPC. This has risen to 17,71,084 in the year 2000. In the year 1953 (figures for 1951 are not available) there were 49,578 violent crimes whereas in the year 2000 the event of violent crimes has augmentd to 2,38,381 (for the sake of illustration only figures of cognizable IPC crimes have been taken). These figures indicate an abnormal increase in the number of serious crimes. At the same time the population of the country which was 361. million in 1951 has increased to 1002. 1 million in 2000. 11 Consolidated Statement of Police Strength and of Cases Investigated by the Police in India 1996 to 2000 S. No 1. 2. 1996 thoroughgoing strength of State Police Forces 1997 1998 1999 2000 9,56,620 9,87,378 10,20,171 10,32,956 10,26,917 3. Workload of Civil Police Total cases investigated by police divided by sum of money number of investigating officer (ASIs to Inspectors) IPC Cases 16,78,453 16,63,666 17,53,121 17,94,390 17,92,896 SLL Cases 41,95,778 46,00,513 44,09,133 35,47,072 33,66,127 Total Total number of cases in which investigation as finish by the police 58,74,231 62,64,179 61,62,254 53,42,462 51,59,023 IPC Cases SLL Cases 18. 7 17. 8 17. 8 17. 2 16. 5 41. 7 42. 9 39. 3 28. 3 26. 1 60. 4 60. 7 57. 1 45. 5 42. 6 Total Consolidated Statement of Cases Dealt with by the Courts in India from 1996 to 2000 Sl No 1 1996 No. of IPC cases which came up for trial during the year including cases pending at the beginning of the year 52,97,662 1997 54,81,004 1998 56,60,484 1999 58,90,744 2000 60,23,134 12 Sl No 2 3 4 5 1996 No. of SLL cases which came up for trial during the year including cases pending at the beginning of he year No. of cases in which trial was completed during the year IPC cases SLL cases No. of cases pending trial at the end of the year IPC cases SLL cases Total Conviction rate of those cases in which trial was completed IPC Cases SLL cases 1997 1998 1999 2000 7120383 7751906 7910411 7219222 6717380 843588 3487815 879928 3732474 895414 3679707 930729 3221158 933181 2518475 4252918 4395644 4585559 4775216 4921710 3259637 3625072 3784163 3506947 3649230 7512555 8020716 8369722 8282163 8570940 37. 8% 38. 2% 37. 4% 39. 6% 41. 8% 87. 3% 87. 9% 86. 7% 87. 9% 81. 4% Table 2 1. 21.Out of every 100 cases (both IPC and SLL crimes) reported to and taken up by the Police for inv estigation, amidst 25 and 30 cases are IPC crimes and the balance is accounted for by SLL crimes. Of the IPC crimes taken up by police for investigation every year, The above statistics suggest that as of investigation is completed by January 2003, assuming that we have a the police in 76% to 80% of crime free society with Police not having to these cases. The corresponding take cognizance of and investigate any percentage in respect of SLL crime (either IPC or SLL) from now on and cases is between 85 and 95. he strength of the trial courts remain at the present take numerically and efficiency 1. 22. The above statistics wise, (an unrealistic assumption indeed ) it suggest that as of January 2003, will take a minimum of another(prenominal) four eld for the courts to dispose of all these cases. assuming that we have 13 a crime free society with Police not having to take cognizance of and investigate any crime (either IPC or SLL) from now on and the strength of the trial courts re main at the present aim numerically and efficiency wise, (an unrealistic assumption indeed it will take a minimum of another four years for the courts to dispose of all these cases. 1. 23. These figures show that the courts have not been able to cope up with the number of cases that come before them for trial every year. According to Table 1 the total number of complaints received by the police and cases registered during the year 2000 in India is 56,62,773. It is a matter of common knowledge that several persons who are victims of crimes do not complain to the police. During the year 2000 the total number of cases charge-sheeted after investigation is 50,98,304.The total number of cases disposed of by the courts in the year 2000 is 9,32,774. So remote as the cases under IPC are concerned, the analysis in the report on page 1 of the NCRB report shows that 79% of IPC cases were investigated in the year 2000, 78. 4% of them were charge-sheeted, 18. 3% of them were tried and 41. 8% o f them resulted in conviction. In many Countries like U. K. , U. S. A, France, Japan and capital of Singapore the rate of conviction is more than 90%. 1. 24. Quality of justice suffers not only when an innocent person is punished or a guilty person is exonerated but when there s enormous delay in deciding the criminal Quality of justice suffers cases. It is a trite saying that justice delayed is not only when an innocent justice denied. Table 25(b) of the NCRB report, person is punished or a 2000 furnishes the duration of trial of cases guilty person is exonerated during 2000. It is seen that 10,382 cases of the but when there is enormous duration of 3 to 5 years, 6,503 cases of the delay in deciding the duration of 5-10 years and 2,187 cases of the criminal cases. duration of over 10 years were disposed of by ll the courts in India during 2000. Taking more than 3 years (sometimes even 10 years) amounts to denying fair trial. Speedy trial is a right of the accused that flows from Ar ticle 21 as held by the Supreme Court. If the accused is acquitted after such long delay one can create mentally the Taking more than 3 unnecessary suffering he was subjected to. Many years (sometimes even times such inordinate delay contributes to acquittal 10 years) amounts to of guilty persons either because the evidence is lost or because of lapse of time, or the witnesses do not denying fair trial. emember all the details or the witnesses do not come forward to give true evidence due to threats, inducement or sympathy. Whatever may be the reason it is justice that becomes a casualty. 14 1. 25. Vulnerable sections of the society like women, children and other members of weaker sections of society like the Schedule Caste and Schedule Tribes suffer more when the Criminal Justice System fails to live up to expectations. Crime Against Women Sl No 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Crime Head Rape Kidnapping and Abduction dowry Death curse Molestation Sexual HarassmentImportation of G irls Sati Prevention Act Immoral Traffic (P) Act Indecent Rep. of Women (P) Act 11. Dowry Prohibition Act Total 1998 15151 16351 6975 41376 30959 8054 146 0 8695 190 1999 15468 15962 6699 43823 32311 8858 1 0 9363 222 2000 16496 15023 6995 45778 32940 11024 64 0 9515 662 share variation in 2000 over 1999 6. 6 -5. 9 4. 4 4. 5 1. 9 24. 5 63. 0 1. 6 198. 2 3578 131475 3064 135771 2876 141373 -6. 1 4. 1 Year Table 3 Several disturbing features are seen from the figures given in this table. There is a 6. 6% increase in the offence of rape from 1999 to 2000.So far as the percentage of sexual harassment during the same period is concerned, there is an increase of 24. 5%. What is scald is the figures relating to importation of girls obviously for sex which has increased to 63% during 2000. This is quite shocking. 15 1. 26. So far as offences against children are concerned, Table 4 furnishes information about the incidents of different types of offences against them between 1996 and 2000. Offences Against peasantren Sl No Crime Head age Percentage variation 2000 2000 over over 1996 1999 -23. 3 -0. 7 24. 5 -10. 1 1996 1. Child Rape . Kidnapping and abduction 3. Procuration of minor girls 4. Selling of girls for prostitution 5. Buying of girls for prostitution 6. Abetment of Suicide 7. impression and abandonment 8. Infanticide 9. Foeticide 10. Child marriage restraint act Total 1997 1998 1999 2000 4083 571 4414 620 4153 699 3153 791 3132 711 94 6 87 9 171 11 172 13 147 15 56. 4 150. 0 -14. 5 15. 3 22 13 13 5 53 140. 9 960 11 554 13 582 28 575 24 593 18 660 63. 6 19. 1 -25 11. 2 113 39 89 107 57 78 114 62 56 87 61 58 104 91 92 -8. 8 133. 3 3. 4 19. 5 49. 2 58. 6 5582 5980 5882 4957 5023 -10. 0 1. 3Table 4 The figures show a mixed trend during the last five years. There is an increase of 1. 3% from 1999 to 2000. 16 1. 27. So far as incidence of child rape is concerned, there were 744 victims below 10 years and 2,880 victims between of 10 and 16 years. This shows the e xtent of child abuse that is prevalent in India and the failure of the system to contain it. This is very disturbing. 1. 28. So far as crime against other weaker sections of the society namely the SC and ST are concerned, the figures for the years 1998, 1999 and 2000 are furnished in the Tables 5 and 6.Sl No Crime Head geezerhood Percentage variation in 1998 1. Murder 516 506 526 1999 over 1998 -1. 9 2. Rape 923 1000 1083 8. 3 8. 3 3. Kidnapping & Abduction 253 228 268 -9. 8 17. 5 4. dakoity 49 36 38 -26. 5 5. 6 5. robbery 150 109 108 -27. 3 -0. 9 6. Arson 346 337 290 -2. 6 -13. 9 7. Hurt 3809 3241 3497 -14. 9 7. 9 8. PCR Act 724 678 672 -6. 3 -0. 9 9. SC/ST 7443 7301 7386 -1. 9 1. 2 11425 11657 11587 2. 0 -0. 6 25638 25093 25455 -2. 1 1. 4 (Prev. of 1999 2000 2000 over 1999 4. 0 Atrocities) Act 10. Others Total Table 5 17 Sl No Crime Head Years Percentage variation in 998 1999 2000 2000 over 1999 59 1999 over 1998 21. 2 66 80 331 384 403 16. 0 4. 9 56 59 48 5. 3 18. 6 1. Murder 2. Rape 3. Kidnapping & Abduction 4. Dacoity 5 3 5 -40. 0 66. 7 5. Robbery 15 8 2 -46. 6 -75. 0 6. Arson 38 43 32 13. 2 -25. 6 7. Hurt 638 646 447 1. 2 -30. 8 8. PCR Act 50 45 31 -10. 0 -31. 1 9. SC/ST 709 574 502 -19. 0 -12. 5 2368 2608 2661 10. 1 -2. 0 4276 4450 4190 4. 1 -5. 8 (Prev. of 26. 3 Atrocities) Act 10. Others Total Table 6 In the year 2000 there was an increase of 1. 4% of crimes against the members of SC. So far as the members of the ST are oncerned the figures indicate that there was an Economic crimes like increase in the number of crimes like murder, smuggling, money laundering, rape, kidnapping, dacoity during 2000 tax evasion, drug trafficking, compared to the figures of the antecedent year. corruption and serious economic frauds are eating the 1. 29. Economic crimes like smuggling, vitals of the nation in a very money laundering, tax evasion, drug big way. trafficking, corruption and serious economic frauds are eating the vitals of the nation in a very big way. Table 7 furnishes information about major frauds reported during 2000.