Monday, January 27, 2020

Analyzing The Feminine Agenda In Plays English Literature Essay

Analyzing The Feminine Agenda In Plays English Literature Essay In the three dramas, Oedipus Rex, Death of a Salesman, and Macbeth the feminine characters craft their own personal agendas into the lives of the tragic heroes. Jocasta, Linda, and Lady Macbeth are all similar in their dynamic nature, ability to enable, and their need to care for others. The exploration of these similarities can also be considered the driving force which leads to each of the tragic heroes to their ultimate fates. This woman uses female methods of acquiring power- that is, manipulation- to further her supposed male ambition. The remarkable effectiveness of Lady Macbeths manipulation is apparent in several ways. She overrides all of his objections to the plot she construes. When Macbeth hesitates in murdering Duncan, Lady Macbeth persistently taunts his lack manhood and courage until he feels it necessary to prove himself. Interestingly, Lady Macbeth and her husband are presented as being deeply in love. However, many of Lady Macbeths speeches imply that her control over Macbeth is merely sexual. Lady Macbeths strong will persists throughout the murder of the king. Afterwards, however, she begins a slow slide into madness. Just as ambition affects her more so before the crime, so does the guilt afterwards. She falls victim to guilt and madness to a greater extent than her husband. The play implies that women can be as ambitious and cruel as men, but social constraints deny them the opportunitie s to pursue the ambition on their own. By the close of the play, Lady Macbeth has been reduced to sleepwalking and attempting to remove invisible bloodstains. When the plague of guilt has finally done its worse, Lady Macbeths sensitivity becomes her weakness. Subsequently, her husbands cruelty and her own guilt recoil on her, sending her into a madness which she is unable to cope with. In the end, she drives herself mad because of her guilt over the murders and she apparently kills herself. Linda Loman is Willys link to reality. She serves as a force of reason throughout the play. Linda is by far the toughest, most realistic, and most levelheaded character in the play. She sees what her husband is going through. Despite all of his failures and weaknesses, she supports him, loves him, and occasionally enables his behavior. Linda realizes that Willy is just an ordinary man living in the times, but she does not place blame on him. If anything, she loves him more because of it. Linda assumes the role of the protector, the defender, and the respecter. She protects Willy when Biff fights with him. Linda defends Willy to her sons who believe that he is going crazy. Also, she respects him enough to pretend that she is unaware of the fact that he is trying to kill himself and that he has lost his salary. She knows that Willy is suicidal, irrational, and difficult to deal with; however, she goes along with Willys fantasies in order to protect him from the criticism of others, as well as his own self-criticism. Linda tries to protect him, but her efforts are in vain. Linda enables Willy in many ways, but she also encourages him. She gently nudges him when it comes to paying the bills and communicating with Biff and she does not lose her temper when he becomes irate. Linda knows that Willy is secretly borrowing money from Charley to pay the life insurance and other bills. Despite all of this, Linda does nothing, afraid to aggravate Willys fragile mental condition. She goes as far as throwing Biff and Happy out of the house when their behavior threatens to upset Willy. Linda views freedom as an escape from debt, the reward of total ownership of the material goods that symbolize success and stability. Willys prolonged obsession with the American dream seems, over the long years of his marriage, to have left Linda internally conflicted. She appears to have kept her emotional life intact. As such, she represents the emotional core of the drama. Linda is a character driven by desperation and fear. Even though Willy is often rude to her, she protects him at all costs. According to Linda, Willy is only a little boat looking for a harbor (___________). She loves Willy, and more importantly, she accepts all of his shortcomings. Jocastas character is only strongly represented in the closing scenes in the play. Throughout the play, Jocasta tested the beliefs of those around her by feigning disbelief in the gods herself. Though she put up this false front, she did keep her faith. At the beginning of the scene wherein a messenger relayed word of Polybus death and Oedipus right to the throne of Corinth, we see Jocasta praying. In her first words, she attempts to make peace between Oedipus and Creon, pleading with Oedipus not Tiresiass terrifying prophecies as false. Unlike Oedipus, Jocasta distrusts the oracles and believes that whatever happens will do so by unforeseeable chance. However, she is still wary enough to honor Apollo with offerings in a crisis. Jocasta carries garlands and incense to the altar and tries to appeal to Apollo to purify the city of Thebes. Jocasta solves the riddle of Oedipuss identity before Oedipus does, and she expresses her love for her son and husband in her desire to protect him f rom this knowledge. She pleads with him to stop asking questions regarding the circumstances. Jocastas character is intelligent and capable, but not driven to exploration as Oedipus. She carries her own agenda about what should be known and looked into. Jocastas character is used by the gods, in a way, to test Oedipuss faith. After accusing Creon of conspiracy and treason, Oedipus relates to Jocasta the details of his meeting with Tiresias. Jocasta proceeds to plant doubts of the gods by telling Oedipus the story of the Delphian Oracle and the circumstances surrounding Laius death. Again, after Polybus death, she excitedly tells Oedipus that his prophecy was obviously untrue, though it was not, and by doing so she attempts to hint that the oracles and thus the gods are false. It can be drawn that Jocasta is forced to perform such tasks for the gods because she tried to avoid an earlier prophecy. By tying her childs feet together and casting him out, she attempted to defeat the gods, and this disbelief of course angered them. Her punishment, then, was to test the beliefs of the very child she cast out. Jocasta was, in this way, a victim. Though it was by her own doing that this penalty was cast upon her, it was not something she was happy to do, which becomes apparent when she realizes the truth in her earlier prophecy. It is at this moment that she becomes aware of her punishment, and in desperation kills herself. After the realization of the truth, Jocastas own panicked grief impels her to suicide. Jocasta is a victim in Oedipus Rex, but not as much as she is a catalyst for Oedipus own victimization. She keeps her faith throughout and tries to relieve Oedipus of his. Because of this, readers may in turn pity her and loathe her. But the gods tested the king of Thebes through her the main goal of the play and both he and she failed. In the exploration of Oedipus Rex, Death of a Salesman, and Macbeth the feminine characters obvious self-interest plays an important role in their counter parts downfalls. Jocasta, Linda, and Lady Macbeth are all similar in their dynamic nature, ability to enable, and their need to care for others. The previous exploration illustrates the female agenda in contrast to the tragic heroes.

Sunday, January 19, 2020

Communication in Health, Social Care Essay

1.Understand why communication is important in the work setting 1.1 Identify the different reason people communicate Good communication skills are so important within a health and social care environment because we communicate with others all the time. Effective communication helps us better understand a person or situation, enables us to resolve differences, build trust and respect, and create environments where creative ideas, problem solving, affection, and caring can flourish. Different reasons why people communicate†¢ Communication is a tool with which influence can be exercised on others.†¢ Communication can be used to bring out changes in attitudes, motivate people and establish and maintain relationships.†¢ Communication is essential for seeking and providing information.†¢ We communicate to express our emotions like courage or fear, joy or sorrow, satisfaction or disappointment with appropriate gestures and words.†¢ Communication is important for dev eloping positive relationships with children, young people and their families, colleagues and other professionals.†¢ Communication allows ideas to be conveyed clearly and succinctly.†¢ It is a process by which two or more people exchange ideas, facts, feelings or impressions in ways that each gains a common understanding of the message. Read more: Identify four different reasons why people communicate  essay The way in which you communicate will be different depending on the person with whom you are communicating and the purpose of the communication. We have formal and informal communication Formal communication tends to start with a greeting such as ‘Good afternoon. How are you feeling today?’ It can be used to show respect for others. Formal conversation is often used when a professional person, such as a health or social care worker, speaks to someone using a service. It is clear, correct and avoids misunderstanding. Communication with a manager is usually formal. A manager is usually more distant from those they manage so that if they need to, for example, issue a formal warning to someone, it is less awkward for both parties than if they are friends. Informal communication (often used between people who know each other well, like friends and family) is more likely to start with ‘Hi, how are you?’ and allows for more variety according to the area someone lives in. For example, in some places it is common for people to call other people ‘Love’ even if they have only just met them. People usually communicate more informally with friends, including those they work closely with on a day-to-day basis.   1.2 explain how effective communication affects all aspect of the learner’s work Effective communication is more than just talking, and is essential for the well-being of the individuals you care for. It includes body language, gestures, facial expressions, positioning and appearance. It is important to be aware of non-verbal communication when interacting with your individuals at work. When communicating with a deaf person always make sure of eye contact and the client then may be able to lip read rai se your voice and speak clearly to the client. Always be aware of their level of understanding and act accordingly. It is important to give client time to communicate as not everyone communicates in the same way and care assistant must make sure that communicate in a way that is most suitable for them. Some patient may have problem with correct pronunciation and then care assistant should allow appropriate length of time to let them communicate. It also important to use the service user preferred form of communication as is care assistant responsibility to make sure that communication skills and methods should meet the needs of individuals. Beside if the individuals can communicate in their preferred method the person is more likely to express their needs. It is important to adapt how we communicate as sometimes the chosen method of communication may turn out not sufficient enough for example if a person may have difficulties in expressing himself/herself verbally which my cause frustration it may be necessary to use non-verbal c ommunication or pictures to get the meaning across correctly Effective communication is a main part of the work that happens in care settings. You will need to develop a range of communication skills and be able to use them effectively to carry out the different aspects of your work role. You will need to be able to communicate effectively with service users, their relatives and your colleagues, as well as colleagues from other outside services . The key to better communication is knowing the communication cycle and being able to send and revive message appropriately. 1.3 explain why it is important to observe an individual’s reactions when communicating with them When you are observing an individuals reactions while communicating it’s important to pay attention to their facial and bodily reactions because only about 70-80% of communication is verbal, meaning that you are going to miss out on a large part of communication if you are not paying attention to peoples facial and bodily reactions. When you look at a person’s facial expression, much of what you will see will be in the eyes, but the eyebrows and mouth also contribute. Notice whether someone is looking at you, or at the floor, or at a point over your shoulder. Lack of eye contact should give a first indication that all may not be well. It may be that they are not feeling confident. They may be unhappy, or feel uneasy about talking to you. You will need to follow this up. It is also important how the person is sitting. Are they relaxed and comfortable, sitting well back in the chair, or tense and perched on the edge of the seat? Are they slumped in the chair with their head down? Posture can indicate a great deal about how somebody is feeling. People who are feeling well and cheerful tend to hold their heads up, and sit in a relaxed and comfortable way. Someone who is tense and nervous, who feels unsure and worried, is likely to reflect this in the way they sit or stand. Observe hands and gestures carefully. Someone twisting their hands, or playing with hair or clothes, is displaying tension and worry. Frequent little shrugs of the shoulders or spreading of the hands may indicate a feeling of helplessness or hopelessness. In communicating with individuals always follow those steps †¢ Maintain eye contact with the person you are talking to, although you should avoid staring at them. Looking away occasionally is normal, but if you find yourself looking around the room, or watching others, then you are failing to give people the attention they deserve. †¢ Be aware of what you are doing and try to think why you are losing attention. †¢Sit where you can be easily seen. †¢Sit a comfortable distance away – not so far that any sense of closeness is lost, but not so close that you occupy their personal space. †¢Show by your gestures that you are listening and interested in what they are saying. †¢Use touch to communicate your caring and concern if appropriate. Many individuals find it comforting to have their hand held or stroked, or to have an arm around their shoulders. †¢Be aware of a person’s body language, which should tell you if they find touch acceptable or not. †¢Always consider the situation if you are unsure about what is acceptable in another culture and do not use touch as a method of communication until you are sure that it will be acceptable. †¢Think about age and gender in relation to touch. An older woman may be happy to have her hand held by a female carer, but may be uncomfortable with such a response from a man. †¢Ensure that you are touching someone because you think it will be a com fort, and not because you feel helpless and cannot think of anything to say. 2.Be able to meet communication and language needs, wishes and preferences of individuals 2.1 show how to find out an individual’s communication and language needs, wishes and preferences Health and social care staff need to find ways of encouraging service users to express their feelings and to talk about how they wish to be treated, as well as to say what they like and dislike. We can find out an individual’s preferred communication methods by: asking the services user , reading their care plan, ask relatives, ask colleagues, medical notes etc. People have a wide range of communication needs, which involve the consideration of many different factors such as: †¢sensory ability †¢cultural background †¢language †¢self-confidence †¢level of learning ability †¢physical ability. Some people may have high support needs, and may not communicate verbally. In these situations it will be necessary to use alternative methods of communication, such as signs and symbols . As a professional care worker , it is our responsibility to make sure that communication skills meet the needs of the people we support. We should not expect people to adjust their communication to fit in with us. Examples of special communication needs: hearing impaired people make sure that your face can be seen clearly face the light and the person you are speaking to at all times speak clearly and slowly ,repeat and rephrase if necessary minimise background noise   use your eyes, facial expressions and gestures to communicate,where appropriate do not be tempted to shout into a person’s ear or hearing aid visually-impaired people speak in the same way as you would to a sighted person – not louder or more slowly! Say who you are in your greeting as your voice won’t necessarily be recognised even if you have met the person before

Friday, January 10, 2020

Children in Conflict with Law: Scenario of Crimes Committed and Justice Delivery System for Juveniles in India Essay

As per the recent report of the National Council for Protection of Child Rights (2013) that there are approximately 32,000 children a year at any point of time as ‘Children in conflict with the law‘. Within this smaller universe, looking at NCRB data for 2012 the report find that 8569 children were apprehended for murder, attempt to murder, rape and theft which is about 25.45 %. Further, as against all forms of crimes recorded each year, NCRB‘s compilation of data reflects that juvenile crimes for the years 2001 and 2012 accounted for 16509 and 33668 which is only 0.9 % and 1.3 % percentage respectively of the total crimes committed in the country. The fact that there is only a miniscule number of children in conflict with law and that too that they have not been given protection has to be factored in while discussing either reduction in age or increase in punishment of the juvenile (NCPCR, 2013). Juvenile delinquency during 2012 As per the data provided by NCBR, in 2012 there was increase in the number of juveniles apprehended for committing almost all the types of cognizable offences over 2002 and quinquennial average during that period (Table 1). From the table it appears that the increase in the juvenile apprehended for various offences in absolute terms is very less than what appears in percent. For example there were only 33 cases of counterfeiting recorded during 2012 but it shows increase of 1000 percent over 2002. Further there was 333.3 % increase in 2012 in death caused due to negligence over such cases recorded during 2002. Most of these cases were associated with rash motor vehicle driving. Table 1.1 Comparison of select offences committed by juvenile delinquents during 2007-12 in India |No. |Type of Offence |Quinquennial Average |Offences Recorded in|Percent increase |Percent increase | | | |offences recorded |2012 |over QA average |over crime recorded | | | |during 2007-11 | | |in 2002 | |1 |Murder |765 |990 |29.4 |86.4 | |2 |Attempt to commit murder |580 |876 |51.5 |86.8 | |3 |Preparation and assembly for |62 |92 |47.9 |100 | | |Dacoity | | | | | |4 |Dacoity |137 |174 |176.2 |176.2 | |5 |Robbery |516 |767 |270.5 |270 | |6 |Death due to negligence |161 |260 |61.3 |333.3 | |7 |Counterfeiting |14 |33 |132.4 |1000 | Causes of juvenile delinquency: Of the various factors affecting the juvenile delinquency socio-economic conditions of the children are considered to be of most importance. In the year 2012 a total of 39822 delinquents were apprehended under various offences. It was found that there is direct correlation with the economic status of the delinquent. With increasing income of the family there was reduction in the number of delinquents apprehended for various offences. Fig. indicates that during 2012 of the total delinquents apprehended in the country 52 % were belonging to lower income group having annual income of less that Rs. 25,000/-. The percentage of delinquents reduced with the increase in the annual income of the parents. Thus there were only 0.84 % delinquents belonging to upper income group having annual income of more than Rs. 3,00,000/-. Similar situation was observed in Gujarat where of the total (2406) delinquents apprehended 71 % belonged to the lower income group having annual family income less than R s. 25,000/- while in the upper income group (annual income more than Rs.3,00,000) there was no child recorded to be in conflict with law. As per the data provided by NCRB (2012) delinquency in the children is also associated with the educational status of the children. The children who have never attended any school (illiterates) and those who have attended the school for a short period (having received primary education) represent 60 % of the total delinquents (illiterates -14 % and primary education- 46 %). As against earlier reports (Mishra—-), the NCBR report of 2012 states that during 2012 the percentage of illiterates in the total delinquents was a mere 14 %. The percentage of delinquent having received secondary education than was reported to be 31 %. The percentage of delinquents who have received higher education was least. Figure 1 shows the overall picture of educational status of the delinquents apprehended during 2012 in India. Similar situation was observed in the case of delinquents apprehended Also the age and sex of the delinquent plays a very important role. During 2012 of all the juveniles apprehended for various offences 66.5 % were belonging to the age group 16-18 years. Moreover, there was increase of 22.2 % in the juveniles of age group 16-18 years apprehended under IPC and other SLL in 2012 over 2011. Also of the total juveniles apprehended since 2001 to 2012 the percentage of girls has never exceeded 7 %. It was 5.9 % in 2012. The increase in number of juveniles of the age group 16-18 years associated with various crimes including murder; attempt to commit murder; rape; kidnapping; dacoity; burglary; theft; etc., and the gang rape of a girl in Delhi had led many activists to approach the Apex Court with a petition to reduced the age of juvenile as defined in S. 2(k) of the Juvenile Justice (Care and Protection) Act, 2002. The event of gang rape of a 23-year-old girl in Delhi in December 2012 wherein a juvenile was one of the accused had created uproar. Among other things, petitions were filed in India’s Supreme Court to examine the constitutional validity of a provision of the Juvenile Justice (Care and Protection of Children) Act, 2000 that treats a person younger than 18 years as a minor for crimes committed. The Supreme Court refused to reduce the age of juvenile from 18 to 16 years and dismissed a plea that minors involved in heinous crimes should not be protected under the law. On 17th July 2013 a bench headed by then Chief Justice Altamas Kabir said that interference in Juvenile Justice Act is not necessary and dismissed a batch of PILs which were filed in the aftermath of the December brutal gang rape and murder case in which a minor was also allegedly involved. The fact that of the percentage of delinquents in the total crimes committed in the country is around 1.0 % and that at the age of 16-18 years boys are more aggressive justifies the argument of keeping the age of juvenile as per the existing provisions of the JJ Act. An argument put forward by the sociologist that the child in care of parents is less likely to become delinquent than those having no parents or living with guardians or homeless is not applicable in cases of juveniles apprehended for committing various offences during 2012. There were more than 81 % of the delinquents (Fig.—-) living with their parent who were apprehended during 2012. Thus living without parents is not a cause for Disposal of del inquent’s cases: To ensure speedy proceedings, the JJ Act specifies that proceedings â€Å"shall be completed within a period of four months from the date of [their] commencement,† but with exceptions if the â€Å"period is extended by the Board having regard to the circumstances of the case and in special cases after recording the reasons in writing for such extension.† This discretion permits cases to languish in the system indefinitely (Rickard, 2008). The figures given by NCBR indicates that there are a total of 10721 cases pending with various JJ Boards that accounts for 36.84 % of the cases admitted in these boards. Thus there is a need for quick disposal of pending cases. The data provided by NCBR (2012) show that there are a few states where the rate of disposal of cases is very high (e.g. Tamilnadu- 81 %) where as in other states it is not so (Haryana – 38.15 %). In states like Jammu and Kashmir the disposal of cases is very slow (12.2 %). View of Apex Court on punishment Another important question that requires urgent attention is that large numbers of cases of juvenile were tried in regular Court having criminal jurisdiction and where ever the courts have found the accused guilty, sentences have been awarded. The provision of S. 7 of the JJ Act regarding determination of the age of the accused is overlooked in such cases. At later stages when the accused comes to know about his/her right as juvenile fresh appeals are filed in the High Courts or the Supreme Court. In one of such cases M B Lokur J. of the Apex court had to decide three issues (Jitendra Singh @ Baboosing and ors. Vs. State of Uttar Pradesh on 13th July 2013- unreported). 1. Whether the appellant was a juvenile or a child as defined by Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 on the date of occurrence of the offence he was charged with. 2. Whether the conviction of the appellant can be sustained on merits and, if so, the sentence to be awarded to the appellant. 3. Whether any appropriate measures can be taken to prevent the recurrence of a situation, such as the present, where an accused is subjected to a trial by a regular Court having criminal jurisdiction but he or she is later found to be a juvenile. Considering the facts of the case, provisions of the JJ (Care and Protection) Act 2002 and after taking in to consideration past judgements of the apex courts Lokur J. decided that: 1. The documentary evidences (school admission register) and medical examination proves beyond doubt that the appellant was about 17 years of age when the incident had occurred and that he had set up a claim of being a juvenile or child soon after his arrest and before the charge sheet was filed. In other words, the appellant was a juvenile or a child within the meaning of that expression as defined in Section 2(k) of the Act. 2. Also majority of children dealt with under the JJA come from the lowest wealth strata and do not have a birth certificate. The medical report provides a range of age and does not determine it accurately giving a wide discretion to the judges who determine the age using various factors (Ved Kumari, 2009). 2. Based on the evidences presented by the prosecution it was held by both t he sessions and the High Court that the case of causing dowry death had convincingly been made out against the appellant. Therefore, the conviction was upheld by the Apex Court. 3. While awarding the sentence to the appellant who was juvenile on the date of commission of crime, the Apex Court noted that there existed many views: a. Conviction was upheld but the sentence quashed (Jayendra V. State of Uttar Pradesh (1981) 4 SCC 149). Similarly in Bhoop Ram v. State of U.P. (1989) 3 SCC 1, Pradeep Kumar v. State of U.P., 1995 Supp (4) SCC 419, Bhola Bhagat and other v. State of Bihar, (1997) 8 SCC 720, Upendra Kumar v. State of Bihar, (2005) 3 SCC 592, Gurpreet Singh v. State of Punjab, (2005) 12 SCC 615, Vijay Singh v. State of Delhi, (2012) 8 SCC 763. b. In another category of cases the Apex court had upheld the conviction but the sentence awarded was modified to the period of detention already undergone e.g. Satish @ Dhanna v. State of Madhya Pradesh, (2009) 14 SCC 187 and in Dharam bir v. State (NCT of Delhi), (2010) 5 SCC 344. c. In a third category of cases wherein the juvenile against whom conviction was proved, appeal against his conviction was allowed and the entire case remitted to the Juvenile Justice Board for disposal in accordance with law e.g. Hari Ram v. State of Rajasthan, (2009) 13 SCC 211 and Daya Nand v. State of Haryana, (2011) 2 SCC 224. d. In yet another category of cases the apex court upheld the conviction but sent the entire records of the case to Juvenile Justice Board for awarding suitable punishment e.g. Ashwani Kumar Saxena v. State of Madhya Pradesh, (2012) 9 SCC 750. Considering the provision made in Section 20 of the Juvenile Justice (Care and Protection of Children) Act, 2000 in the instant case the matter was referred back to the Juvenile Justice Board for award of punishment. Regarding the preventive measures to be taken to avoid such situation the Apex Court observed that every Magistrate before whom an accused is produced to ascertain, in the first instance or as soon thereafter as may be possible, whether the accused person is an adult or a juvenile in conflict with law. The reason for this, obviously, is to avoid a two-fold difficulty: first, to avoid a juvenile being subjected to procedures under the normal criminal law and de hors the Act and the Rules, and second, a resultant situation, where the ‘trial’ of the juvenile is required to be set aside and quashed as having been conducted by a court not having jurisdiction to do so or a juvenile, on being found guilty, going ‘unpunished’. This is necessary not only in the best interests of the juvenile but also for the better administration of criminal justice so that the Magistrate or the Sessions Judge (as the case may be) does not waste his time and energy on a trial’ . 1. Every Magistrate must ascertain that when an accused is produced before him, and if the Magistrate has any iota of doubt about the juvenility of an accused produced before him, Rule 12 provides that a Magistrate may arrive at a prima facie conclusion on the juvenility, on the basis of his physical appearance. In our opinion, in such a case, this prima facie opinion should be recorded by the Magistrate. An inquiry into the juvenility of the accused must be done at an early stage preferably on first production. 2. Due to the poor socio-economic condition of the juvenile the court observed that it is difficult to expect a juvenile in conflict with law to know his rights upon apprehension by a police officer and if the precautions that have been suggested are taken, the best interests of the child and thereby of society will be duly served. Therefore, it may be presumed, by way of a benefit of doubt that because of his status, a juvenile may not be able to raise a claim for juvenil ity in the first instance and that is why it becomes the duty and responsibility of the Magistrate to look into this aspect at the earliest point of time in the proceedings before him. We are of the view that this may be a satisfactory way of avoiding the recurrence of a situation such as the one dealt with. 3. Attention may be drawn to Section 41-B of the Code which requires a police officer making an arrest to prepare a memorandum of arrest which shall be attested by at least one witness who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made. The police officer is also mandated to inform the arrested person, if the memorandum of arrest is not attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest. 4. Every police officer making an arrest is also obliged to inform the arrested person of his rights including the full particulars of the offence for which he has been arrested or other grounds for such arrest (Section 50 of the Code), the right to a counsel of his choice and the right that the police inform his friend, relative or su ch other person of the arrest. 5. According to the provisions of S. 54 of the CrPC when any person is arrested, it is obligatory for the arresting authority to ensure that he is got examined by a medical officer in the service of the Central or the State Government or by a registered medical practitioner. The medical officer or registered medical practitioner is mandated to prepare a record of such examination including any injury or mark of violence on the person arrested. 6. If these procedures are followed, the probability of a juvenile, on apprehension, being shown as an adult and sent to judicial custody in a jail, will be considerably minimized. If these procedures are followed, as they should be, along with the requirement of a Magistrate to examine the juvenility or otherwise of an accused person brought before him, subjecting a juvenile in conflict with law to a trial by a regular Court may become a thing of the past. 7. The Court also directed that whenever an accused, who physically appears to be a juvenile, is produced before a Magistrate, he or she should form a prima facie opinion on the juvenility of the accused and record it. If any doubt persists, the Magistrate should conduct an age inquiry as required by Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 to determine the juvenility or otherwise of the accused person. In this regard, it is better to err on the side of caution in the first instance rather than have the entire proceedings reopened or vitiated at a subsequent stage or a guilty person go unpunished only because he or she is found to be a juvenile on the date of occurrence of the incident.† Conclusion Over the years the number of children coming in conflict with law is increasing and percentage children in the age group of 16-18 years apprehended for committing various offences is also on rise. Poor economic condition of the children coupled with no education or less education is considered to be the important factors for this. The demand for reducing the age of children coming in conflict with law from 18 years to 16 years has rightly been refused by the Apex Court. The Apex Court has also suggested that the provisions of Ss 41-B, 50 and 54 of the CrPC be followed strictly to avoid the trial of juvenile with regular Court. If the Magistrate before whom the delinquent is produced has slightest doubt about the age of the accused, he must ascertain it as per the provisions of S-7 of the Juvenile Justice (Care and Protection) Act, 2002. References: 1. Altmas Kabir CJI, S S Nijjar J. And J. Chelameswar J (2013). Writ petition (C) N0. 10 of 2013. Judis.nic.in/supremecourt/imgd1.aspx?filename=40584. Last accessed on 13th Aug. 2013. 2. Mishra B N (1991) Juvenile Delinquency and Justice System, Ashish Publishing House, New Delhi, India. 3. National Crime Records Bureau (2013) Crime in India 2012, www.ncbr.gov.in/ Last accessed on 13th Aug. 2013. 4. NCPCR (2013) Status of Children in 14-18 Years: Review Of Policy, Programme and Legislative Framework 2012-2013. 5. Rickard Erika (2008) Paying lip service to the silenced: Juvenile Justice in India, Harvard Human Rights Journal 21: 155-166. 6. Supreme Court (2013) Jitendra Singh @ Baboosing and ors. Vs. State of Uttar Pradesh on 13th July 2013- unreported. www.indiankanoon.org/doc/70248453/ Last accessed on 13th Aug. 2013. 7. Ved Kumari (2009) Juvenile justice : Scuring the rights of children during 1998 – 2008. NUJS L. REV.557-572.

Thursday, January 2, 2020

Features Of Typical Entrepreneurial Mindset - 1789 Words

Introduction The meaning of the word entrepreneur has a long history of transformation: from to do something, to work, and then to gradually include various attributes such as risk bearing, requiring skill sets, innovation and being profit-centered. (Cowdrey, 2012) The word changes. So does the group of people represented by the word and their mindset, which has become a research highlight over a decade. As scientists and researchers are making progress, the general characteristics of how expert entrepreneurs think have been summarized and professors have been making attempts to lecture people the essence of such mindset so that more individuals are able to contribute to the society. This essay is focused on the mentioned two aspects: features of typical mindset of successful entrepreneurs and how these can be developed. II. Features of Typical Entrepreneurial Mindset Last century, one uncomplicated but considerably accepted cognitive psychology theory points out that individuals tend to rely on heuristics and biases to process information. This approach adopts rules of thumb, thus curtailing project cycles and accuracy of judgment. It may lead to overconfidence, but more importantly, the possibility of incubating new venture would be much higher. (Busenitz and Barney, 1997) Heuristics methodology also reflects that speed is more valuable than perfection and risk-free from an entrepreneur’s perspective. Entrepreneurship is most appropriate defined inShow MoreRelatedBrand Orientation and Market Orientation — from Alternatives to Synergy8734 Words   |  35 Pagespossible, they are not explored in previous theories, nor labeled as part of branding practice and philosophy. A new type of orientation, a hybrid between brand and marketing orientation, is among the key ï ¬ ndings of this study. 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