Wednesday, October 30, 2019

Critical Thinking - Basic Concepts of Quantitative Reasoning; Research Paper - 1

Critical Thinking - Basic Concepts of Quantitative Reasoning; Hypothesis Formulation - Research Paper Example An individual suffering from mild traumatic brain injury may lose perception for a few seconds or minutes or may remain conscious throughout. Other mild traumatic brain injury symptoms include confusion, headache, lightheadedness, blurred vision, dizziness, ringing in the ears, fatigue, bad taste in the mouth, sleep pattern changes, mood or behavioral changes, nausea, slurred speech, temporary loss of memory, attention, concentration or thinking capacity (Cifu et al, 2010; Murdoch & Theodoros, 2001). On average, more or less 2 million traumatic brain injuries transpire per year, either as isolated cases or by the side of other injuries. Common symptoms of moderate and severe traumatic brain injuries are abnormal social behavior, deficits in social judgment, frequent loss of attention, processing speed and executive functioning. Anyone with signs of traumatic brain injury ought to receive immediate medical attention; based on the fact that traumatic brain injury is a health risk. As a starter, medical personnel try to stabilize a person with traumatic brain injury and focus on preventing additional injury since little can be done to correct the initial brain injury resulting from the trauma; this is regarded as an initial treatment for traumatic brain injury. The primary concerns include ensuring proper oxygen supply, ensuring adequate blood flow, and maintaining normal blood pressure. Imaging tests help in diagnosing a traumatic brain injury patient (High, 2005). Patients with m ild to modest traumatic brain injury undergo skull and neck X-rays to check for bone fractures or spinal irregularities. Moderately to severely injured patients have to undergo rehabilitation depending on individual symptoms. Such therapy programs include speech/language therapy, occupational therapy, physiatry, psychology/psychiatry, and social support (Murdoch & Theodoros,

Monday, October 28, 2019

Best Celebration I Ever Had Essay Example for Free

Best Celebration I Ever Had Essay Graduation day, boy what a day. Man I’d have to say is that that was by far the most nerve-racking day ever. Up to this point in my lifeline of my history. Many thoughts were racing through my head. All the parties, family showering you with gifts. I couldn’t hardly sleep the night before because of the anixety of not having the choice of never having to go back to school again. Actually it was probably more of a relief for the faculty and staff because, I was the last Beckert running through the hallways. Of course out of the two of us in the family, my brother was a real angel. I was always the one who was made an example of in school and always into mischief all the time. Of course ,what do you expect when you come to school drunk and told to go home. As i got up for graduation day my palms were sweatty all day. I took three showers to keep cool , but then I realized I was only graduating. It wasn’t like I was winning a million dollars or going on the show, â€Å"Deal or No Deal†. When I arrived at the school, we gathered in the cafeteria and waited for the music to start so we could walk, for the last time, out of Tri-Valley High School as a student. I looked out of the corner of my eye and one of my teachers was waving his hand to tell me that I needed to come talk to him real quick. So, ran over and asked,† What’s going on Mr Rotella†. He replied ,noting I need to grace you with some information and you can take any way want to. At first I looked around and thought it was going to be something bad. So I listened. And it was advice on life from a teacher that had been through alot. He said, â€Å"Aaron remember, life is like a roll of tiolet paper†. Iwas dumbfounded by this statement. Then i said,† what do you mean by this Mr.Rotella†. He Replied, â€Å"you can mke your life short and wasteful, or you can make it long and useful†. I started to laugh inside to myself about it. He looked at me and said, â€Å"what is so funny†. I replied, â€Å" I’ve never thought that i would compare my life to roll of tiolet paper†. He looked at me and was telling to think about i t while. So I thought ,as I walked across the front yard of Tri-Vallley High School. It slowly started to sink in and I think it had hit me when I walked across the stage to receive the achievement that was worth the time invested. Right before I got ready to send my cap into the air, it finally dawn on me what he was trying to say. The simile hit me out of nowhere like as if Mike Tyson had blindsided me. Mr.Rotella was simply trying to lead me in the right direction. That’s why he was stating that it was up to me to make the choice. Just like the simile that he was portraying to me in the classroom. Needless to say, I took his advice. Oh yes i took his advice, and let me say I used that roll of toilet paper. But ,he never did state specifically that couldn’t have more than one roll. Meaning that I have had to â€Å"purchase† a few rolls, since the day I walked across the front lawn of Tri-Valley High School. I’m sorry no one can make one roll of toilet paper last ten years. I have though in the last ten years, educated that same thought on a lot of people and just like me they all did the same thing at first. They would giggle and then about twenty minutes later it would hit them. That look of â€Å"wow that’s an extremely deep thought†. My ten year reunion is coming up and I’m sure the rebutle to the teacher will be quite amusing. Hopefully since I have gained a few years. Maybe he will bestow another simile upon me to think about for another few years. At least I took one piece of information out with me when I hit them doors for the very last time.

Saturday, October 26, 2019

Industrial Revolution Essay -- essays research papers

2. INTRODUCTION During the second half of the 17th century, there were a drastic breakthrough in mainly Great Britain’s, but gradually the rest of the worlds development, that would lead to radical changes in peoples lives, working relations and environment. Industrial revolution was so fundamental that it’s often compared with the transition from farming to stock raising, which began several thousand years before the birth of Christ. Considering the uses of natural resources, can human history be dived up into three pieces of varying length; hundreds of thousands years before â€Å"the agricultural revolution†, thousands of years between this and the Industrial revolution and the two hundreds years after the beginning of Industrial revolution. Before Industrial revolution, man did the most work in society. During 17th century people started to invent machines. Accompanied by changes in agriculture, science and the treatment of people, the Industrial revolution shaped a new kind of life. 2.1 Limitations I, sometimes have difficulties to draw limits. When it comes to such big and wide subject as the Industrial revolution, it is of course very difficult to write and understand it all. It is also difficult to decide what is important enough to bring in the essay and what you should omit. Therefor I decided to write a rather comprehensive job. I haven’t focused on any particular part, but written what, when, how and why the Industrial revolution is /occurred. 2.2 Aims I want this essay to contain as much information as possible of the Industrial revolution or â€Å"Second wave† as it is also called, on the few pages that I will write. 3. REVIEW OF SOURCES I have only written this essay based on written material. I have used a lot of information from the Internet, but also from a very good book called â€Å"The Industrial Revolution in World History† written by a professor called Peter N. Stearns. If I decided to write a part from one book, or from an Internet site, I always compared it with another source, to see the differences and similarities. Dictionaries are often very sweeping in the subject, and there are both good and bad sides about that. I have decided also to write the centuries in Swedish form. So 17th century is in our time scale â€Å"sjuttonhundratalet†. 4. RESULTS 4.1 The beginning A Revolution doesn’t mean only changes and development. It means rapid change... ...ution. The problem of how to move the increasing quantities of factory produced goods to distant places was solved by improvements in transportantions. In contrary to many other countries were the state produces the most communications, England’s railroads, roads, and canals, were often financed by private persons or companies. Also Englands biggest need for better transportations was’t because of military needs, but for commersial needs. 1820-1830 was the years of the most successful railroads. The canals that were built, were pariculary in north England. Farm owners and industry owners made canals from waterdrains. The canals gave excellent transport possibilities, and could often halften the costs 4.5 Industrial revolution in the world The Industrial revolution rapidly affected the whole world Because the Indusrtal revolution first appeared in west , it most often also connected to there. It also both connected and divided different continents and parts of the world. The Industrial revolution formed one of the most central of human history. It brought wirh it bobth advantaged and disadvantages. It’s started and constatly continuing. We still adjust ourselves to it’s effects.

Thursday, October 24, 2019

Lies and More Lies in Conrads Heart of Darkness :: Heart of Darkness Marlow

Lies in Heart of Darkness After declaring his passionate hate of lying it is odd to see the complete reversal of character in Marlow by the end of the book.   Then perhaps it is not a change but merely an unexpected extension of his character that gives a different dimension to his personality.  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚      His statement "You know I hate, detest, and can't bear a lie...it appalls me.   It makes me miserable and sick, like biting something rotten would do" (Longman 2210) gives what one may rightly consider a very straightforward clean cut description of the man's moral view and character traits.   Yet by the end of the book one may feel he has not only betrayed their trust but himself and all the values he seemed to embody during the course of the story.     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Marlow's interview with Kurtz's Intended was less than the honesty one might have expected given his vehement stand on the issue of lying.   When he went to speak to her I fully expected him to be completely honest and tell her the truth.   My logic was that if she knew what Kurtz was like in reality her suffering would be eased and she would be able to gain an honest semi-objective view of the man she loved.   That shows my modern thinking!   It soon became clear that she was not going to accept any version of the truth and I found myself hoping that Marlow would lie to her to spare he the torture of knowing the truth.   Her constant interrupting of Marlow's dialogue in order to fill in wonderful, glowing details about the man was a complete revelation as to what she could hear and survive.   Marlow says, "It was impossible not to" "Love him" she finished eagerly..."How true! How true!" (Longman 2244) .   Once Marlow has dec ided to sugar coat the truth he begins to utter non-committal phrases in regards to Kurtz which the Intended finishes; "His words will remain," I said.   "And his example," she whispered to herself.   "Men look up to him, -- his goodness shone in every act.   His example"   (Longman 2245).   I think Marlow begins to see that he cannot be honest with her when they begin to speak of Kurtz's death.   He says, "My anger subsided before a feeling of infinite pity" (Longman 2245).   She was a woman, she was weak, she was alone, and every male tendency within Marlow rose up and prevented him from crushing what was left of her fragile spirit.

Wednesday, October 23, 2019

Albert Bandura-social cognitive learning theories

Essay 4 Pieter van Rooyen 17333652 Albert bandura can be regarded as one of the most important representatives of social cognitive learning theories. He’s theory on observational learning (learning by observing behavior) is the single most important form of learning. He argues that people learn most of their behavior through observation and only a little through direct contact. The reason for this is the complexity of most behavior, and that this can’t be learned through verbal instructions.This essay will focus on the principles of observational learning, highlight the strength and weaknesses, and also how observational learning can promote positive intergroup relations on campus at the University of Stellenbosch. Observation is a common learning tool and many, if not most do it unconsciously. The term modeling is used to describe this. This is when an observer observes the behavior of a model and then repeats the behavior. There are a few factors that influence this o bservational learning.They are the nature of the modeled behavior, the characteristics of the model, the characteristics of the observer, the result of the models behavior and the self-efficacy perception of the observer. The nature of the modeled behavior refers to the actual behavior. The situation in which the behavior takes place and if it is new or old behavior. New behavior attracts more attention than old behavior. The characteristics of the model plays an important role in observation learning.This includes age, sex, race and status. A model with high status is more likely to be imitated. The observer’s characteristics also play a major role in learning new behavior. The motivation and interests of the observer as well as the values and self-confidence has a major impact on the selection of models to imitate. An important factor is the result of the models behavior to determine whom to imitate. The reward gained from a certain behavior is a major motivator to imitate behavior.The final factor, the self-efficacy perception of the observer means that the observer needs to believe in his own capabilities to reproduce behavior. One can’t try to imitate an Olympic gymnast if you don’t believe you can. The strength of Bandura’s observational learning theory is that it gives a clear and accurate picture of how behavior is learnt. We can clearly see that adults and children copy each other’s behavior in certain situations. Strength to his theory is that it can be applied to real world problems, like cultural gaps or discipline problems at school level.This could mean that proper behavior can result large scale changes among people if only more people model the right behavior. One of the clear weaknesses in the observational learning theory is that too much emphasis is placed on what happens to the observer after he imitates the model rather that what the observer actually does with the information gained from the model. Inter group relations at the University of Stellenbosch can really benefit from positive social behavior.When one social group sees another social group, regardless of race, gender, age or religion act in a positive and uplifting manner and reap rewarding results from this, this could lead to change in the former social group. Even more, if this is done properly, it can quickly spread and even more social groups can bring on change, first in their own group then by modeling it, change another group. This can defiantly lead to a positive change on Stellenbosch campus.

Tuesday, October 22, 2019

Free Essays on Le Corbusier And Ex-Urban Wright

Le Corbusier and Ex-Urban Wright 1. How is Le Corbusier’s â€Å"Villa Savoye† and F.L. Wright’s â€Å"Falling Water† an exemplary representative of its designer’s ideals and ideals? Both the Villa Savoye and Falling Water are perfect examples of architects expressing themselves through their work. These two houses exhibit their designer’s ideas and ideals throughout many different aspects of their design. When Le Corbusier built the Villa Savoye in 1929 he did so with a set of ideas and design principles that had been exhibited in other structures such as Villa Meyer and the villa at Garches. These houses can be described as â€Å"abstract cubes of space in which various geometric elements are freely disposed in as in a Purist painting.† (Jencks, Charles: Le Corbusier and the Tragic View of Architecture; pp85) All of these houses depended on Le Corbusier’s five points of architecture: â€Å"(1) the pilotis, or columns, elevating the mass off the ground, (2) the free plan, achieved through the separation of the load-bearing columns from the walls subdividing the space, (3) the free faà §ade, the corollary of the free plane in the vertical plane, (4) the long horizontal sliding window or fenetre en longeur, and finally (5) the roof garden, restoring supposedly, the area of the ground covered by the house.† (Frampton, Kenneth: Modern Architecture: A Critical Histo ry; pp 157) The Villa Savoye reinforces Le Corbusier’s ideas of simple forms and unadorned surfaces giving it the appearance of apparent classical influence. â€Å"The plan of the Villa Savoye is nearly square, one of the ideal shapes which the architect so admired, and part of the richness of the building comes from the dynamics of curved forms within a stable perimeter.† (Curtis, William J.R.: Modern Architecture Since 1900; pp278) The house looks like a large, horizontal rectangle set atop pilotis. The curved front wall of the ground floor is made of verticall... Free Essays on Le Corbusier And Ex-Urban Wright Free Essays on Le Corbusier And Ex-Urban Wright Le Corbusier and Ex-Urban Wright 1. How is Le Corbusier’s â€Å"Villa Savoye† and F.L. Wright’s â€Å"Falling Water† an exemplary representative of its designer’s ideals and ideals? Both the Villa Savoye and Falling Water are perfect examples of architects expressing themselves through their work. These two houses exhibit their designer’s ideas and ideals throughout many different aspects of their design. When Le Corbusier built the Villa Savoye in 1929 he did so with a set of ideas and design principles that had been exhibited in other structures such as Villa Meyer and the villa at Garches. These houses can be described as â€Å"abstract cubes of space in which various geometric elements are freely disposed in as in a Purist painting.† (Jencks, Charles: Le Corbusier and the Tragic View of Architecture; pp85) All of these houses depended on Le Corbusier’s five points of architecture: â€Å"(1) the pilotis, or columns, elevating the mass off the ground, (2) the free plan, achieved through the separation of the load-bearing columns from the walls subdividing the space, (3) the free faà §ade, the corollary of the free plane in the vertical plane, (4) the long horizontal sliding window or fenetre en longeur, and finally (5) the roof garden, restoring supposedly, the area of the ground covered by the house.† (Frampton, Kenneth: Modern Architecture: A Critical Histo ry; pp 157) The Villa Savoye reinforces Le Corbusier’s ideas of simple forms and unadorned surfaces giving it the appearance of apparent classical influence. â€Å"The plan of the Villa Savoye is nearly square, one of the ideal shapes which the architect so admired, and part of the richness of the building comes from the dynamics of curved forms within a stable perimeter.† (Curtis, William J.R.: Modern Architecture Since 1900; pp278) The house looks like a large, horizontal rectangle set atop pilotis. The curved front wall of the ground floor is made of verticall...

Monday, October 21, 2019

Authors Purpose Essays

Authors Purpose Essays Authors Purpose Paper Authors Purpose Paper Essay Topic: Literature Authors Purpose why an author writes something Persuade authors goal persuade the reader to agree with the authors opinion; if you changing the way you think of a topic as you read (does not mean that you necessarily agree with it!) Inform authors goal is to enlighten the reader with topics that are usually real or contain facts; facts are used to teach and not persuade Entertain authors goal is to provide enjoyment for the reader Describe / Explain use the senses to paint a picture; tell a story or describe real or imaginary characters, places, and events Examples of Authors Purpose: To Persuade advertisements, commercials, newspaper editorials Examples of Authors Purpose: To Inform textbooks, cookbooks, encyclopedias, newspapers Examples of Authors Purpose: To Entertain poems, stories, plays, comic strips, short story, novels, comedies, riddles, jokes, song lyrics Examples of Describe / Explain menus, catalogs, travel brochures, some poetry, technical manuals Authors Purpose Guiding Question Why was this piece written? Example of an Authors Purpose Question What is the most likely reason the author describes the storm in this way? Example of an Authors Purpose Question With which sentence below would the author of this passage most likely agree? Example of an Authors Purpose Question Which sentence from the brochure best indicates the authors bias in favor of Big Bend Landscape? Example of an Authors Purpose Question What is the authors attitude toward? Bias favoring one side, position, or belief being partial, prejudiced Audience Who the writer writes for (young adults, parents, children, policemen, voters, scientists, etc) Related Papers How Do Authors Persuade Their Readers? Assignment The primary purpose of the art Critical Reading Final 2 My Brother Sam Is Dead: Description of the Authors Victor E. Frankl Writes of the Meaning and Purpose of Life and Humanity Don Quixote Book Review: Custer the Great Controversy Explain the general purpose for measuring central tendency Purpose of College Education Friendship: Michel De Montaigne and Ralph Waldo Emerson A Mission Statement Describes an Organisations Basic Purpose Some nice quotes from unknown authors Purpose of Incarceration How to cite this page Choose cite format: Authors Purpose. (2018, Jan 22). Retrieved from https://paperap.com/paper-on-authors-purpose/'>APA "Authors Purpose." PaperAp.com, 22 Jan 2018, https://paperap.com/paper-on-authors-purpose/'>MLA PaperAp.com. (2018). Authors Purpose. [Online]. Available at: https://paperap.com/paper-on-authors-purpose/[Accessed: 18 Sep. 2019]'>Harvard "Authors Purpose." PaperAp.com, Jan 22, 2018. Accessed September 18, 2019. https://paperap.com/paper-on-authors-purpose/'>Chicago "Authors Purpose." PaperAp.com, 22 Jan 2018, https://paperap.com/paper-on-authors-purpose/'>ASA "Authors Purpose," PaperAp.com, 22-Jan-2018. [Online]. Available: https://paperap.com/paper-on-authors-purpose/. [Accessed: 18-Sep-2019]'>IEEE PaperAp.com. (2018). Authors Purpose. [Online]. Available at: https://paperap.com/paper-on-authors-purpose/[Accessed: 18-Sep-2019]'>AMA Authors Purpose. (2018, Jan 22). Retrieved from https://paperap.com/paper-on-authors-purpose/ Copy to clipboard B Pages:3 Words:809 This is just a sample.To get a unique paper Hire Writer Want to get a price estimate for your Essay? Deadline Paper type Essay (Any Type) Admission Essay Annotated Bibliography Argumentative Essay Article Review Book/Movie Review Business Plan Case Study Coursework Creative Writing Critical Thinking Presentation or Speech Research Paper Research Proposal Term Paper Thesis Other Article (Any Type) Content (Any Type) Q&A Capstone Project Dissertation Lab Report Scholarship Essay Math Problem Statistic Project Research Summary Assignment Dissertation chapter Speech Dissertation chapter: Abstract Dissertation chapter: Introduction Dissertation chapter: Hypothesis Dissertation chapter: Literature Review Dissertation chapter: Methodology Dissertation chapter: Analysis/Results Dissertation chapter: Discussion Dissertation chapter: Conclusion Dissertation Proposal Thesis Statement Thesis Proposal Application Essay Pages 550 words(double spaced) 126 writers online Check Price A limited time offer! Get custom paper sample written according to your requirements urgent 3h delivery guaranteed Order now Authors Purpose Paper Persuade The author wants to convince you to do, buy, or believe something Inform The author wants to give you information Entertain The author wants to amuse you or for you to enjoy the writing Explain The author wants to tell you how to do something or how something works Describe The author wants you to visualize or experience a person, place, or thing Entertain Entertainâ€Å"But please!† exclaimed Maddie. â€Å"I’ve been thinking about riding this all day!† â€Å"Fine,† said Maddie’s mother, â€Å"but only once and NO begging to ride again!† Maddie waited in line for the roller coaster, anxious and scared. As she climbed off after the ride, she spotted her mother, ran up to her, and asked, â€Å"Please, Mom, may I ride again?!† Explain Throwing snowballs is a fun and simple way to pass the time in the winter. First, find some soft but thick snow. The snow is no good for snowballs if it is too hard and icy or too soft and crumbly. You will know the snow is just right when it is easy to collect and pack together but isn’t too hard. Shape the snow into a firm, round ball by rolling it between your palms. Finally, spot your target, aim, and throw! Remember, it isn’t nice to throw snowballs at unsuspecting people. Now you know how to make a snowball. Persuade Attention Florida coast residents: EVACUATE NOW! Hurricane Amy is currently a category 5 storm and headed right for your area. You are not safe if you choose to stay in your home! The only way to be safe is to evacuate right away. If you choose to stay in your home and find yourself in an emergency, first responders will not be able to get out during the storm to help you. There is extreme danger of a storm surge and very high winds. Residents who choose to stay are likely to be injured or killed. NOW is the time to evacuate! Inform Frostbite is a medical condition in which localized damage has been caused to skin and other tissues due to extended exposure to freezing temperatures. Frostbite usually occurs in the extremities (hands or feet) because they are farthest away from the heart and often most likely to be exposed. Frostbite occurs when the body stops circulating blood in an area of the body that is too cold. The body does this in order to preserve body heat and fight hypothermia. In severe cases, frostbite can lead to amputation. Describe When entering the art studio, the sight of various colors fills your eyes. The bright colors startle you as you look around, breathing in the smells of paper, canvas, crayons, and paint. Huge, vast windows fill one wall, overlooking a beautiful cityscape. Soft classical music plays in the background, providing inspiration for artists and their teachers. As you approach a sculpture, you are surprised to find that it feels warm and soft, despite it’s shiny, hard appearance. Every footstep, whisper, and other sounds are amplified in the hard, bright room. Entertain As a lion slept, a tiny mouse began to run up and down him. As the lion woke, he trapped the mouse with his paw and prepared to swallow the mouse. â€Å"Excuse me,† cried the mouse, â€Å"but if you let me go this time, I will never forget it. One day, I will return the favor.† The lion was so amused at the idea of a mouse being able to help a mighty lion that he let the mouse go. Some time later, the lion was caught in a trap and the hunters went to search for a wagon to carry him. The tiny mouse saw him and began to gnaw on the ropes of the trap until the lion was freed. â€Å"Was I not right?† said the tiny mouse. Persuade A turtle makes the very best pet. There are numerous advantages to buying a turtle instead of an uninteresting, messy, stinky dog. First, your turtle will use the bathroom in his cage or aquarium, making clean-up easy. You won’t be cleaning up a huge mess that a big dog can make anywhere! Second, have you ever been awakened at night by a loud, obnoxious barking turtle? Of course not, because turtles don’t bark! And finally, you won’t waste your afternoon walking your turtle since turtles can get all the exercise they need in their cage or aquarium without your help. It is clear that turtles are the better choice for a pet! advertsiements Persuade textbooks Inform Opinions Persuade Expository Essays Inform Instruction Explain Product Descriptions Describe Newspaper Articles Inform Poems Entertain Imagery Describe Campaign Speeches Persuade Recipes Explain How-to-Guides Explain Stories Entertain Steps Explain Procedures Explain Plays Entertain Persuasive Letters Persuade Biographies Inform Songs Entertain Non-Fiction Books Inform Descriptive Essays Describe

Sunday, October 20, 2019

Smart Cars, Speaks of the TravTek navigationsystem installed in Oldsmobile Toronados

Smart Cars, Speaks of the TravTek navigationsystem installed in Oldsmobile Toronados Answer A :The TravTek navigationsystem is installed in 100 Oldsmobile Toronados, thevisual part of the system is a computer monitor. Through detailed colour maps, itleads the driver through the town. The map changes all the time, cause a computerconnected to a navigation-satellite, and with a magnetic compass installed, calculatesthe fastest or easiest way to your destination. When yellow circles appear in aparticular place on the screen, it means that there is traffic jam here, or there has beenan accident on the spot. The computer receives this information from the TrafficManagement Centre, and it quickly points an alternative route out.b:The driver interact with the system through the so called 'touch screen'. 7000buisnesses in the area are already listed in the computer, and you can point out yourdestination by searching through a lot of menus until you find it, or simply by typingthe name of the street.English: Length of traffic jams on 6 jan 2010when the place you want to go ar e registered you push the makedestination button, and the computer programmes a route, the second after the routeappears on the screen, while a voice explains it to you through the loudspeaker.c:The TravTek guides the driver through the traffic. The computer always knowswhere you are, and the navigation system makes it impossible to get lost in the traffic,unless you really want to, and deliberately make the wrong turns. It also guides youpast traffic jams and problems who might crop up around an accident. In a townwhere you have never been, you will quickly be able to find your way to hotels,restaurants, sports arenas, shops and much more, just by looking through the variousmenus of the TravTek.d:The text definitely prefers the accuracy of...

Saturday, October 19, 2019

Asian Business Essay Example | Topics and Well Written Essays - 1500 words

Asian Business - Essay Example According to the Brewers' Association of Japan (2004), Syozaburo Shibutani started beer brewing and marketing in Osaka during 1872. Beer importation dates back to as early as the Meiji period through the foreigners who came for the development of the Hokkaido (Japanese Sake 2006) though it was only during 1886 when the quantity of domestically produced beer exceeded the level of imports. Nowadays, global brands of beer continue to target the Japanese market while local production is concentrated on breweries who are capable of manufacturing 60K1 of beer (Brewers' Association of Japan 2004). The Japanese beer industry is estimated to be 3.2 trillion yen in value (approximately US$27.3 billion, based on 2001 amounts) indicating the wide popularity of beer in the country. The large market for beer is also evidenced by the fact that beer consumption accounts for 50% of the total alcoholic beverages consumption in volume and 70% in value (The Japanese Beer Industry 2003). There is a huge market for beer in Japan as the country belongs to the biggest beer consumers in the world. During 2003, the country's annual per capita consumption reached 13.4 gallon, making Japan the fourth largest beer consumer worldwide (Impact Databank 2004). The Japanese beer industry is currently comprised of two subsectors namely, regular beer and low malt beer. The regular beer subsector constitutes beer products with 67% or more barley malt content. The low malt beer category is unique to the Japanese beer industry. The creation of this subsector is attributed to the lower tax levied on beer with lower malt content. Typically, products on the low malt subsector has a 25% or less barley malt content having a liquor tax rate which is lower by 40% and has a retail price which is cheaper by 35% relative to regular beer. The low malt subsector has captured a large market in Japan and has experienced double-digit growth since its establishment in 1994. It currently holds 44% of the total beer shipments while approximately 60% of it is consumed locally. Just recently (2003), the low malt subsector was faced with a 28% rise in taxes while regular beer's taxes remained unchanged. This together with product maturity is expected to pull demand for low malt beer (The Japanese Beer Industry 2003). The structure of the Japanese beer industry is oligopolistic in nature with the four major national brewers in Japan accounting for 97% share of the total market. There are still however, foreign brands and local microbrewers who battle for the remaining market share. The major producers of beer in the country are Asahi Breweries (38%), Kirin Brewery (36%), Sapporo Breweries (14%) and Suntory (11%). Asahi Breweries recently dislodged Kirin as market leader due to the wide popularity f its Asahi Super Dry beer. On the other hand, the second largest player Kirin is moving into the production and marketing of non-beer products and becoming an "all-round beverage player." Sapporo lacks competitive advantage while Suntory's beer business profitability is in question (The Japanese Beer Industry 2003). Problems Encountered Victoria Bitter's move of market diversification targeting Japan will surely be met by certain problems and difficulties. Some of the probable problems are cultural, while others are more business in nature. Japanese are known to be very loyal to their culture which keeps them from adopting Western ways. Instead, they maintain their own way of doing business

Friday, October 18, 2019

Interprofessional team working in healthcare delivery Essay

Interprofessional team working in healthcare delivery - Essay Example For this research, the case that will be analysed is the Case of Tom. This case has been chosen because of the following reasons. First, it puts into question the concept of patient–centeredness. In concrete experiences of patients, what does patient-centeredness means? Is it simply a mantra that we continuously repeat, but do not act upon or is it a reality for some patients and not for all? Second, because of the vagueness of the idea of patient-centeredness, the case highlights the wide divide between health policy and health care plan and that no matter hard policy makers think of coming up with ways that may theoretically realise patient centeredness of health care if it is not implemented in real cases, it is worth nothing. Third, it brings to the fore the issue of decision-making in cases of patients that are incapacitated in making the decisions for themselves. Fourth, it emphasises the unclear position of parents in decision-making when it comes to their child who is vulnerated by multiple learning disabilities. Fifth, it presents a stark contradiction to the ideal of interprofessional teamwork to achieve the best quality health care that can be provided to the patients. Finally, sixth, it brings us back to the basics of humanity – rights, dignity, respect, and human integrity. With these reasons, it will focus on the concept of interprofessional teamwork. The idea of patient-centred is the core of health care plan and interprofessional teamwork in health care services. ... These are 1. The issues pertinent to the autonomy, integrity, and dignity of Tom. 2. The ethical concern regarding decision-making in cases where in the patient is incapacitated to make an autonomous decision. 3. The issue of double standards in care vis-a-vis neglect in providing care. 4. The ethical issue of duty of people who are primarily responsible in providing the necessary care for Tom’s condition and 5. The ethical issue of malfeasance as a result of the negligence of the primary health care providers of Tom. All of these ethical issues are manifested by the failure of the health care team to assess, address and treat the expressions of pain by Tom, which is repeatedly re-affirmed by his parents. In this failure, the entire team failed to recognise and respect the dignity and integrity of Tom as a patient (Gaskell & Nightingale 2010). Tom is in a vulnerated condition of profound and multiple learning disabilities, which places him in a constant situation wherein his d ignity and integrity as a person is injured. In this context, treatment should be made available and accessible indiscriminately (Kottow 2010). In his condition, dignity in disease should not be equated with ‘dignity in uprightness’, but it is a differing dignity where â€Å"it is not so important whether we are sick or healthy; what matters is to be sick in a healthy way, and not healthy in a sick manner. In the question of autonomy, it is apparent that Tom is incapable of making an autonomous decision. As such, in his behalf, his parents have consistently shown that they are advocating for their child. Beauchamp and Childress (2009) have explained that the norm in disregarding parental decision in terms of treatment is when the decision is refusal of treatment that is

Artical about education Essay Example | Topics and Well Written Essays - 250 words

Artical about education - Essay Example The author pinpoints the basis of the Education National Key Result Areas which are abbreviated as NKRAs. The government has decided for its own self four sub-areas which would meet the national educational objectives so that there is a complete guarantee of strong and competitive workforce, which is maintained at all times. The article lists down how the preschoolers’ enrolment has been increased drastically and how government is playing its proactive role at leveling up the Year One children which have slow learning attributes within them in an apparent manner (Kamini, 2011). The national preschool committee is also one of the initiatives that the NKRA has undertook which basically harmonizes the quality that is present between the public and private preschools present within Malaysia. The role of the Malaysian government has been highlighted to a good enough extent and all out possibilities within its folds are talked about at great length. The different training programs h ave also been mentioned and the incentives and subsidies are also noted upon within the realms of the article. Works Cited Kamini, R. S. Going all out for Children.

Thursday, October 17, 2019

Do people choose whom they are attracted to Essay - 1

Do people choose whom they are attracted to - Essay Example People favor what they like, and are apathetic to what they do not like. We all make our own categories, in a very detailed manner. These vary from person to person. For example, when you ask a girl her preferences in a man she would not give you a single adjective. Instead she would say something like â€Å"she likes a guy who is over 6-feet and 5-inches tall; bald; wears glasses; and looks intelligent.† As she walks along she will turn her head towards men having these characteristics. She would give a guy who is over this height a glance. She would give him another look if she sees that he is bald and further attention when she notices him reading a Nature magazine. She might remember his face clearly until the end of a day. However, if the guys she meets do not fit in these categories, she would not remember anyone of them. Another example is a director in department store. His/her expectations of a good employee is someone who comes to work 15 minutes early, does not show her cleavage, smiles at all times, and does not carry her/his cell phone during working hours. The director would most likely look at an employee’s name badge if he/she comes to work early or possesses any of the above characteristics. If an employee meets the expectations of the director, that employee gives a really good impression on the director. The director will remember that employee come promotion time and would recommend him for a promotion. People pay attention to someone whom they are attracted to. This attraction is based on characteristics that they like and dislike. For this reason, two people who walk side by side the halls of the Pasadena City College will meet the same people but would later remember not the same set of people. They will remember different people, people having characteristics fitting their own likes and dislike, or

The Process of Recruitment of the New Employees Essay - 1

The Process of Recruitment of the New Employees - Essay Example Conversely, the selection process starts when the applications from the interested candidates are received, when the organization now performs short-listing and determination of the best candidates for the job (Cooper and Robertson, 2000). In this process of recruitment and selection, the organization tries to identify those individuals with the right skill sets to work in the organization, and before they are inducted into the organization, they have to be interviewed and trained to attain the skills that they need to perform the tasks that they are being hired for. In the hiring process, the organization can decide to perform external or internal recruitment and selection, where the candidates are chosen from within or outside the organization. The selection process for the employees can involve many processes, but the most common one is the selection interview, where the potential candidate is put in front of a panel and interviewed to determine the ability to work for the organization (Cooper and Robertson, 2000). The selection interview process has been criticized by many experts, but many organizations still prefer to use it for the selection process. As part of the selection process, many organizations will usually conduct interviews to determine the competences of the different applicants and select the best applicant for the job. The selection interview process is used by the employer as an assessment or evaluation of the potential employee for the job at hand. The selection interview process can take many different formats, for example, the telephone interview used by the interview before any other interview. The telephone interview is usually used by the employer before any other interview process and is used as a way of reducing potential applicants for the job (Warr, 2003). After the pre-interview phase, the other formats include the panel interview, which is the most common format used by employers.

Wednesday, October 16, 2019

Do people choose whom they are attracted to Essay - 1

Do people choose whom they are attracted to - Essay Example People favor what they like, and are apathetic to what they do not like. We all make our own categories, in a very detailed manner. These vary from person to person. For example, when you ask a girl her preferences in a man she would not give you a single adjective. Instead she would say something like â€Å"she likes a guy who is over 6-feet and 5-inches tall; bald; wears glasses; and looks intelligent.† As she walks along she will turn her head towards men having these characteristics. She would give a guy who is over this height a glance. She would give him another look if she sees that he is bald and further attention when she notices him reading a Nature magazine. She might remember his face clearly until the end of a day. However, if the guys she meets do not fit in these categories, she would not remember anyone of them. Another example is a director in department store. His/her expectations of a good employee is someone who comes to work 15 minutes early, does not show her cleavage, smiles at all times, and does not carry her/his cell phone during working hours. The director would most likely look at an employee’s name badge if he/she comes to work early or possesses any of the above characteristics. If an employee meets the expectations of the director, that employee gives a really good impression on the director. The director will remember that employee come promotion time and would recommend him for a promotion. People pay attention to someone whom they are attracted to. This attraction is based on characteristics that they like and dislike. For this reason, two people who walk side by side the halls of the Pasadena City College will meet the same people but would later remember not the same set of people. They will remember different people, people having characteristics fitting their own likes and dislike, or

Tuesday, October 15, 2019

Smart refrigeter Essay Example | Topics and Well Written Essays - 500 words - 1

Smart refrigeter - Essay Example One benefit of using smart refrigerator is that it can record the date to monitor the perishable food closely (Jin & Li, 2009). The refrigerator has the capability of sending alerts when foods reach a point of spoilage. The alerts can be sent to a computer through or can be displayed on the refrigerator’s screen. With the list of stock in the refrigerator, the smart refrigerator can create possible recipes. If there are some leftover ingredients and one is not sure of what to do with them, this can be a way to dispose of them before they spoil. This essay discusses how the disruptive vs. sustaining innovations can be applied to smart technology. Many organizations usually misunderstand the difference between disruptive and sustaining technology. Sustaining technology is a result of listening to the customers’ needs in the existing market and developing products that satisfy their needs and requirements. On the other hand, disruptive technology develops new markets that are separate to the mainstream, and they are unknown during the time of technology conception. Disruptive technology is known to produce products that are cheaper, smaller, simple, and more convenient use. They are likely to reach new markets that enable their producers grow rapidly. Smart refrigerators use the disruptive technology in the sense that it has been able to reach new markets; its technology has increased rapidly for the last few years. The smart refrigerator uses the RFID technology that is a disruptive technology. In the smart refrigerator, the RFID technology helps to keep track of the inventory. It is possible to oversee what is going a nd out of the refrigerator. Smart refrigerators are cheaper, simpler, and more convenient to use. Destructive technology has also been used to come up with a smart refrigerator technology in a way that customers do not expect. The smart refrigerator applies the sustainable technology

Words And Rules Essay Example for Free

Words And Rules Essay In the first chapter of â€Å"How the Mind Works† Pinker introduces the content of the book. He starts by comparing the mind and a robot. Pinker tries to analyze the characteristics of the mind in comparison to those of the robot. (Pinker, S, 2000:6) In his analysis the mind is the product of evolution over time. This is seen in what the mine has created during the evolution among which is the robot. While the robot is programmed to perform specific acts, the mind thinks on its own. (Pinker, S, 2000:12) In the second chapter Pinker looks at the psychology of cognition. In his description these are the rules and the guiding principles that help the mind to recognize things. In â€Å"Words and Rules† Pinker starts by wondering about the mysteries of language. He looks at the arbitrary connection between the words and the meaning they make. Since there is no connection, he says, then, the words we use must be guided by a set of rules deep in the mind. (Pinker, S, 2000:18) He later borrows the idea of Chomsky to imply that the rules that guide the use of words are a social phenomenon. The difference in use of language is based on creative use of the rules underlying the use of these languages. Bibliography Pinker, S, (2000), The Ingredients of Language. New York: Harper Perennial

Monday, October 14, 2019

Human Resource Practices At Hbl Commerce Essay

Human Resource Practices At Hbl Commerce Essay Habib Bank Limited (HBL) commenced its operations in the year 1947. It has the privilege of being the first bank to establish itself in Pakistan after independence. From there on, the bank has taken leaps and bounds and has shown tremendous growth in the field of banking. It has now because the largest private sector bank in Pakistan. It has customer base of around five million people. HBL has around 1705 branches across the countries. HBL also has international presence in around 26 countries. The bank has subsidiaries in Hong Kong and United Kingdom, it has affiliates in Nepal, Nigeria, Kenya, and Kyrgyzstan. HBL also has representative offices in China, and Iran. The vast international network makes HBL the largest domestic multinational. Such achievements strengthen the position of the bank not only in the domestic market but also brighten the image of the bank in the international market. The company is now planning to expand its operations in UAE, UK, South and Central Asia, Africa, and the Far East. HBL has 55 branches worldwide. The commodities offered by HBL include product offerings and services in Retail and Consumer Banking. The bank has the honor of holding the largest Corporate Banking portfolio in Pakistan with an active Investment Banking arm. Small Medium Enterprise (SME) and Agricultural lending programs and other banking services are made available to customers residing in urban and rural areas. The company leads the market by holding a domestic market share of 40 percent. HBL continues to dominate the domestic banking sector with a major share-holding in foreign remittances and loans to SMEs, traders, and farmers. HBL is currently rated AAA (Long term) and A-1+ (Short term) with stable outlook and has a balance sheet size of USD 13.82 billion. It is the first Pakistani bank to raise Tier II Capital from external sources. (Habib Bank Limited, 2012) HBL has always led the market with example of quality performance and extra ordinary treatment with the clients. It has adapted with the changing times and evolved its practices as well for the betterment of the company. The company has its headquarters in Habib Bank Plaza, Karachi. Company History HBL was founded by late Mr. Ismail Habib on 25th August, 1942 at Bombay. At that time it was the first Muslim bank to be established in the Indian Sub-continent. It was initiated with a capital of Rs 2.5 Million with a mere 12 branch network. (Ayaz, 2011) Prior to Pakistans independence, Quaid-e-Azam during his campaigns realized the importance of a bank that was going to cater to the needs of the Muslims residing in Hindustan. He requested the Habib family to establish a commercial bank. Habib Bank Limited was thus created in 1941. The head office was located in Bombay (now Mumbai). The fixed capital was 25,000 rupees. The bank played a vital role in utilizing the funds from the Muslim community to finance The All-Indian Muslim League for the establishment of Pakistan. HBL also helped the refugees who were hurt in the communal riots and violence that preceded the departure of British. After independence HBL shifted its headquarters to Karachi. Habib Bank Limiteds first international branch was setup in Colombo, Sri Lanka, in 1951. The bank started its international from this year and never looked back after that. In 1975, the company built the Habib Bank Limited building in Karachi to celebrate its 25th anniversary. (Habib Bank Lmited, 2012) The company was nationalized in Zia-ul-Haqs era. Prior to nationalization, HBL had a domestic market share of about 40 percent. After nationalization HBL continued to dominate the market and held a major share in inward foreign remittances (55percent) and loans to small industries. The company expanded its international boundaries and covered USA, Singapore, Oman, Belgium, Seychelles, Maldives, and the Netherlands. (Habib Bank Lmited, 2012) A decade after nationalization, HBLs annual profit was more than twice the combined profit of all the other commercial banks operating in Pakistan at that time which included United Bank Limited, National Bank of Pakistan, Allied Bank limited and Muslim Commercial Bank. HBL had been a source of rapid economic development in the state since its establishment. It financed various government transport schemes, agricultural schemes and leases over the years and remained the largest and one of the most profitable government entities till its privatization. (Ayaz, 2011) It is believed that HBL presented a blank cheque to Muhammad Ali Jinnah at the time of birth of Pakistan. The bank also looked over the initial financial matters of the state by assuming the status of the state treasury till the state bank came into existence. HBL therefore had been very close to the government of Pakistan since it was established due to these significant reasons. Vision Enabling people to advance with confidence and success (Habib Bank Limited, 2012) Habib Bank Limited wishes to see its customers excel in their lives with confidence. The vision of HBL is targeted towards the domestic market and focuses on fulfilling their needs and requirements in order to give them satisfaction, confidence, and the comfort they deserve. According to Rieches, 2012 the vision statement of a coporation provides a platform to inform competent personnel, create strategic alliances, and most importantly loyal customers. It is really a depiction of desired destination. The destination that the corporation wishes to arrive at. It is a long term long goal established by a corporation which reflects where the it wishes to see itself in the future. HBL vision statement is not a very strong vision statement. It does not clearly define where the company wishes to itself in the future. The vision statements are usually one liners and within this limitation the long term goal is defined. HBL however has failed to do so. From the vision statement the readers are not able to gauge about the future plans of the company and what it wants for itself. It does talk about its customers and their benefit. Customers is just one very small part of it. The corporate goal is the most significant thing to be mentioned in the vision statement. The focus of the company only remains on its customers. The vision to help the customers grow is in the right direction but the other stake holders are being ignored. That however is not a good strategy. It does not mention its shareholders, future plans, furture expansions etc. It also does not mention whether the company wants to remain the market leader or not. There is immense competition in the local market and it is no longer easy to survive in this fierce competition without having a crystal clear vision. The vision statement of the company is a weak statement and does nor portray or convey the future plans of the Bank. The statement leads to a lot of questions and it has a lot of ambiguities. Mission To make our customers prosper, our staff excel and create value for shareholders (Habib Bank Limited, 2012) The mission of HBL discusses its customers, employees, and the shareholders. The statement mentions three of the most important dimensions of the company. The main aim of a mission statement it to outline the short or medium term goals of an organization so that the employees can make strategies accordingly. Mission statements are given an enormous importance by the strategists. They consider it to be a reflection of how company is being operated and which direction it intends to take on. It is said to explain the core purpose of companys existence. Famous names in the field of strategic management consider mission statements to be a corner stone of an organization, and believe that a well thought out mission statements tells a lot about an organization (Wheelen Hunger, 2010). They identify nine important components of a mission statement. Though all of these might not be included, or be necessary, but their presence in the mission statement does make the mission statement powerful and gives it ability to make an impact a well. These components include customer, products and services, markets, technology, concern of survival, growth profitability, philosophy, self-concept, concern of public image and concern of employees (Adam, 2009). The researcher has used these nine components as gu ideline to analyze the existing mission statement of Habib Bank Limited. HBL mentions the first component, its customers first. It puts the customers and their betterment as a top priority. That is a very sound strategy. The bank is operation in a competitive market and if it does not follow a consumer centric approach then it is likely to experience downfall in its popularity. Therefore placing the customers as the first and foremost priority is a good strategy that is used by the company. The company indirectly promises to work for the success of its customers and make them prosperous in their life. There is another important dimension covered in the mission statement, the employees of the bank. The employees play a vital role in establishing the company in the market and eventually making it a leader. The mission statement of HBL talks about its employees and providing them with opportunities which would help them excel in their careers. This is a good strategy again. If a company is taking care of its employees it is very likely that the employees are going to work with loyalty for the betterment of the company. It mentions its customer, but more clarification would have been ideal. Its products and services are not clear at all, whereas other components of a powerful mission statement including markets, technology, concern of survival, growth and profitability, philosophy, self-concept, concern of public image and concern of employees is totally missing. Therefore this is a weak mission statement, which could be improved by incorporating these components in to it. Mission statements are often a little more elaborative, than the one under consideration, which conveys a much clearer picture of the organizations mission, purpose and objectives to its stakeholders. Habib Bank Limited should improve its mission statement. Make the component mentions in it more clear and make it more useful for its stakeholders. Values Our values are the fundamental principles that define our culture and are brought to life in our attitudes and behaviour. It is our values that make us unique and unmistakable. (Habib Bank Limited, 2012) Value of a company describes the traits and qualities that shape daily actions with the internal community, customers, and suppliers. These values shape corporate culture when they become deeply held driving forces and high priorities. (Rieches, 2012) Excellence This is at the core of everything we do. The markets in which we operate are becoming increasingly competitive, giving our customers an abundance of choice. Only through being the very best in terms of the service we offer, our products and premises can we hope to be successful and grow. (Habib Bank Limited, 2012) Integrity We are the leading bank in Pakistan and our success depends upon our trust. Our customers and society in general expect us to possess and steadfastly adhere to high moral principles and professional standards. (Habib Bank Limited, 2012) Customer Focus We understand fully the needs of our customers and adapt our products and services to meet these. We always strive to put the satisfaction of our customers first. (Habib Bank Limited, 2012) Meritocracy We believe in giving opportunities and advantages to our employees on the basis of their ability. We believe in rewarding achievement and in providing first-class career opportunities for all. (Habib Bank Limited, 2012) Progressiveness We believe in the advancement of the society through the adoption of the enlightened working practices, innovative new products and processes, and a spirit of enterprise. (Habib Bank Limited, 2012) Operational Structure HBL is one of the largest commercial bank of Pakistan. It accounts for a substantial share (20percent) of the total commercial banking market in Pakistan with a network of 1,705domestic branches; 55 overseas branches in 26 countries spread over Europe, the Middle East, Far East, Asia, Africa and the United States. (Ismail, 2009) HBL wholly owned Subsidiaries namely Habib Bank Financial Services (PVT) LTD. Karachi, Habib Finance International Ltd. (Hong Kong) and Habib Finance Australia Ltd. Sydney; two Joint Ventures namely Habib Nigeria Bank Ltd. (40%) and Himalayan Bank Ltd. (20%). Habib Bank Limited also has two representative offices in Iran and Egypt. (Ismail, 2009) Organization Structure Organization structure defines how job tasks are formally divided, grouped, and coordinated. There are six key elements that managers need to address: work specialization, departmentalization, chain of command, span of control, centralization, decentralization, and formalization. (Robbins, Judge , Sanghi, 2010) Chairman President Board of Directors Senior Vice President Senior Vice President (Finance Audit) Senior Vice President (Asset Remedial) Senior Vice President (Corporate Banking) Senior Vice President (Corporate Banking, Financial Institute, Project Finance) Senior Vice President (Credit Policy) Senior Vice President (Retail Banking) Decision Making The decision making process at HBL is centralized. All the decisions are taken at the top level of the management without any consultation with the lower levels of the hierarchy. According to Famous names in the field of organization behavior define centralized decision making of being concentrated at a single point in the organization. (Robbins, Judge , Sanghi, 2010) The lower-level managers simply have to carry out the top managements directives. A centralized structure reflects a more rigid and strict culture at the organization. It is not considered to be a very responsive structure. Chain of Command The chain of command is an unbroken line of authority that extends from the top of the organization to the lowest echelon and clarifies who reports to whom. (Robbins, Judge , Sanghi, 2010) Chain of command identifies which employee is to report to whom. In HBL chain of command is clear and every employee knows their direct supervisor and to whom he can report. The company is using a unity of command chain of command. This particular type keeps the concept of unbroken line safe and ensures that the employee has one supervisor only to whom the employee is to report. If the unity of command gets broken then the employee might have to respond to the demands of two or more supervisors. Organizational Strategies There are primarily two main types of strategies adopted by the human resource department of an organization. In an interview with the Following are the two main strategies followed by the Human Resource department of Habib Bank Limited: Corporate Strategy HBL focus on two types of corporate strategies Geographic Expansion In this new era of 21st century it would not be wrong to call the world a global village. With the introduction of revolutionary technology the ends of the world are able to communicate with just a click. HBL is trying to capture different international markets by geographically expanding its operations. Diversification In todays competitive world only those companies are able to survive who are the fittest. The key is to either target a particular untapped market or target the needs of several different segments. The latter strategy ensures a wider coverage of the market and as a result increases the market share. HBL is following diversification strategy to tap different segments in the market which possess different needs. HBL introduces different services in intervals to entertain the needs of its diversified customer line. Business Unit Strategies Following are the business unit strategies for Habib Bank Limited: Cost Leadership The cost leadership strategy allows the firm to develop a competitive advantage in the market by keeping the costs as low as possible. The company is able to achieve cost leadership through efficient and effective production system. HBL follows this strategy by providing services to customers at costs lowers than the competitors. Differentiation Differentiation according to Micheal Porter is highlighting the distinctive competencies in a firm which would make the firm stand out from its competitors. HBL is following this strategy to provide unique services to its customer in the banking industry. Human Resource Department According to (Dessler Varkkey, 2012) Human resource is the process of acquiring, training, appraising, and compensating employees, and of attending to their labor relations, health and safety, and fairness concerns The human resource department of HBL tries to perform the same duties as mention by Dessler Varkkey. The department plays a significant role in creating value for the bank. HBL has a very efficient and active human resource department. It consists of competent employees who formulate strategies according to the local and global needs of the industry and employees. The department also skillfully tackles different problems related to the HR department. The department plays an active role in making the bank more successful every day. Over the years, HBL has adopted customer oriented approach in the recent years due to the changing market dynamics. In order to cater to the needs of these customers, the employees of HBL play a vital role. Therefore, in order to keep the employees happy and satisfied with their work, the HR department tries to take care of their needs and requirements in timely fashion. The department takes care of the companys asset the employees and hopes that the asset would pay the company back with full interest. Human Resource Strategies The Human resource department of Habib Bank Limited has six main strategies: Workflows In order to maximize the profits, HBL has planned a mix of long term and short term goals. These goals are designed in a manner that they would help HBL achieve a competitive edge over its competitors. The following measures are considered for this regard: Risk Management Unified Information Technology System Intensive Training and Professional Recruitment Re-organization of the Consumer and Retail Banking Business Information Technology system enhancement Product offering enhancement Advancement of Operations in urban areas Recruitment and Staffing Employment planning is where the recruitment and selection process commences at HBL. This process starts with the forecasting and planning of human resource required for the current and future positions. The process of selection and recruitment process is carried out tactfully and all the dimensions of the candidate are analyzed carefully. Future prospects are also identified while hiring the candidate. Skills, personality, attitude, knowledge are some of the aspects of the candidate which are judged carefully during the recruitment process. Vacant PositionRecruitment Process Forecasting of Positions Identify Pool of Candidates Develop pool of candidates Monitoring, Tailoring Development Screening / Short Listing Final Selection Recruitment and Selection Source: (Shahid, 2012) Employee Separations HBL has started a program which offers voluntary retirement schemes to employees. The employees get a golden handshake in return. The new term for golden handshake is Voluntary Separation Scheme (VSS). This scheme offers a special incentive to the employees who opt for the scheme and provides them a lump sum amount which equals to the salary of twelve months. Employees who work with the bank for a decade or more are entitled to the pension plan. This plan is going to help the employees in a manner that they will have no financial obligations after they have retired. Performance Appraisal Evaluating an employees current and past performance relative to its performance standards is called performance appraisal. A process that consolidates goal settings, performance appraisal and development into a single common system to ensure that employees performance is according to companys aims is called performance management. Ratings as practiced in HBL consist of following five kinds of factors. The following factors are put into consideration while reviewing the performance of an employee and making an appraisal: Productivity Attributes Technology Customer Service Personal Training According to (Dessler, A Framework for Human Resource Management, 2011), training refers to the methods employers use to give new or present employees the skills they need to perform their jobs. HBL follows the follows a four step following process. The training process is as follows: Needs Analysis Identify job performance skills needed, assesses skills of prospective trainees and develop objectives. Instructional Design Produce the training program content, including workbooks, exercises, and activities. Implementation In this step the process gives an opportunity to the trainees to experience situations close to practical life.   Evaluation In this step the success or failure of the program is assessed. Source: (Shahid, 2012) Training and Development Programs HBL uses the following practices for training and development of its employees: Management Trainee Management Trainee Officer (MTO) program looks for highly motivated candidates who exhibit the potential to become future leaders. At HBL, the MTO program offers extensive interactive classroom training, on the job rotations and personal mentoring from senior management to provide a comprehensive learning experience. Management Associate Management Associate Program at HBL is a training and rotational program. The program particularly focuses on handling the branch banking requirements. It also provides numerous opportunities across HBLs network of Retail, Corporate, and Commercial Banking. Cash officers Candidates in this program are the bank ambassadors. Therefore they are required to have exemplary skills when interacting with the clients. The program involves an extensive one-month training period based on branch banking operations before placement in one of the branches. Types of Processes On the Job Training It is when the new employee learns about the job by actually doing it. Methods of on the job training are as follows: Understudy Job rotation Special assignments Action learning Understudy It is also known as coaching. Under this method the employee is placed under the supervision of a professional employed at the organization. The professional provides guidance to the new employee. At HBL, the trainee works under the supervision of a senior manager. The trainee may also work with the employee to be replaced. It takes place at all the levels of the job. New and old, both the types of employees are trained with the help of this method. Job Rotation Job rotation is when an employee is moved from one department to another to not only broaden the skills of the employees but also to analyze the strong and weak points of the employee. HBLs manager associate program makes use of this type of training. Special Assignments Special assignments are given to the employee by the supervisor. These are assignments or tasks to be done within the premises of the branch. Based on the way the task is completed the supervisor analyzed the performance of the employee. Action learning This method is only to be used for the employees based at the managerial level. Under this method, the employees are to work full time in one department. The employees are assigned to take care of the problems which arise and provide relevant solutions for the problems. Compensation The salaries, rewards, bonuses, and incentives on the basis of job and performances are called compensations. HBLs compensation and benefits strategy combines the need to maintain a high performance culture along with market competitiveness. According to performance each employ gets benefits and compensation. Tenure duration is less preferred as compared to the performance of employees. Employees are paid in two forms: Direct Payments These are the payment in the form of wages, salaries, incentives, commissions, and bonuses.   Indirect Payments This mode of payment includes the benefits and perks that are given to the employees for example medical, car, insurance, residence, car fuel, easy loans etc. Industry Analysis The Banking sector is an integral part of the countrys financial services industry. The banking sector experienced growth in 2001 03. During this tenure the deposits rose almost by a 100 percent. The competition is high in the industry with the presence of local and foreign banks. Almost a decade ago, opportunities for foreign banks, especially in consumer and retail banking, were greater  than ever before. In the financial year of 2004-05, the banking sector experienced growth rates of 21% and 36% in its deposit and advances portfolio respectively. This helped improve the stability of the banking sector as compared to 2003 04. (Pakistan Banking Sector, 2009) A significant shift of focus from industrial lending to consumer products has allowed the banks to enjoy enormous spreads. However, the manufacturing sector is still enjoying the highest share in credit facilities extended by the banking industry (Pakistan Banking Sector, 2009). Initially the banking sector was only catering to the needs of big corporations and the government. However after the reforms the sector is now entertaining the middle class as well. The industry was passing through a transitional period from long established patterns and norms to the unknown land of threats and opportunities. The following are the few areas in the banking industry which have witnessed change over the years: Diversity within the commercial banking industry The following segments have experienced change in the few years: operations, market focus, advertising, and use of information technology. The banks are now concentrating more on developing and establishing distinctive image as compared to their competitors. The banks are doing this by introducing unique products in the market. Intensifying Competition The competition in the banking industry has deepened over the years. It has become fierce over the years. There are a few factors who have contributed to the increasing competition. Increased consumer awareness about the different products and services being offered by the banks has increased the competition. The banks in such a situation can no more enjoy saving the deposits of the consumers at lower rates. Such situations may actually force the banks to lend their money to customers which might have a high risk. Profit trends The ratios indicate a growth in the market. There have been a few dips in the market but overall the industry has seen an upward trend over the years. Soaring Loan Losses Troubled loans are regarded as a cancer for this industry. The quality loans are the ultimate goal for bankers in the 21st century. Mergers Mergers have taken their toll in this country. Over the years the country has witnessed many mergers for example Union Bank with Standard Chartered etc. The purpose is to hold on to as much market share as possible and to tame the increasing competition. however there are some setbacks as well for example, the economies of scale after a certain level of expansion no longer exist for the merger. Structure of the Banking Industry Pakistan being a developing country has a relatively low level of income. The required growth rate as a result is also low because of low savings. The standard of living and quality of life are terms still stranger to the people of this country. The foreign aids have been the bridging gap for us between our savings and investments. Nevertheless these aids have become the drowning forces for our country. IMFs main objective for Pakistan is to maintain stable exchange rates, multi-lateral credit system and international liquidity in order to recover from its worst economic crisis. (Pakistan Banking Sector, 2009) Structure of the Pakistani banking sector has substantially changed in the last decade,  particularly following the privatization of the state-owned banks. In 1990, the banking system was dominated by five commercial banks which were all state-owned. The 1990 amendments to the Banking Companies Ordinance launched the process of  financial sector reforms by allowing privatization of the state-owned banks. During the first round of reform, two of the state-owned banks, Muslim Commercial Bank  (MCB) and Allied Bank (ABL), were privatized between 1991 and 1993. The reforms  process was subsequently delayed for several years and resumed significantly only in the early 2000s. With the privatization of the third large bank, United Bank (UBL), in2002, the domination of the state-owned banks was ended. As of September 2003, the asset share of local private banks and public sector commercial banks was 47 percent and 41 percent respectively. Another large state-owned bank, Habib Bank (H BL), completed its privatization n process in February 2004. As a result of this privatization, the share of banking system assets held by public sector  commercial banks decreased to less than 25 percent. The largest bank in the country,  National Bank of Pakistan (NBP), with a market share of approximately 20 percent, remains state-owned and its privatization prospects are uncertain at this stage, although the government divested approximately 25 percent of its capital in 2001-03. A lot of endeavor has been put in the sector in recent years to promote Islamic banking in Pakistan. Numerous conventional banks have also opened up their branches to provide financial services to the consumers. Lately, the banking sector has diversified its product base and carried out a lot of innovation. They have included different customers like the agriculture sector, SMEs, mortgage financing and consumer financing in their customer list. Not only that this diversified lending  portfolio mitigates risks but it also raises the purchasing power of a large segment of  population that was completely shut out from credit markets. Pakistans auto industry has expanded its car production by a multiple of five times in the last four  years as auto finan

Sunday, October 13, 2019

Insanity in Shakespeares Hamlet - Madness in Hamlet Essay -- Essays on

Madness in Hamlet  Ã‚        Ã‚   Hamlet's choice to put on an "antic disposition" leads to his downfall; it is a tragic error in judgement (hamartia) which destroys his relationship with Ophelia and Gertrude. It is Hamlet's hubris. Another result from Hamlet's peculiar actions, is that in his own mind he begins to believe that he is mad.   It is unfortunate that Hamlet's plan did not succeed; not only did it lead to his own downfall but he had to witness the downfall of all of the people he loved.   Ã‚  Ã‚   With his choice to put on this act of antic disposition, he takes the risk of losing close touch with his loved ones. With his actions of insanity, he drives Ophelia away from him and this eventually leads to her suicide. Ophelia is greatly saddened when Hamlet continues to push her further and further away. Hamlet commands her to go to a nunnery and this is the point where she believes he is mad.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   O, what a noble mind is here o'erthrown! ( III; i; 147) When Hamlet's act continues to unfold, Ophelia begins to feel very betrayed by his love. With only her feelings of rejected love and betrayal left she takes her own life.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Young men will do't if they come to't.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   By Cock, they are to blame.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Quoth she, 'Before you tumbled me,   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   You promised me to wed.' ( IV; v; 60-64) It is after the death of Ophelia that Hamlet realizes his true feelings for her.   This is another contributing factor that leads to Hamlet's own downfall.   Ã‚  Ã‚   This tragic error in judgement leads Hamlet to destroy his relationship with his mother, Gertrude. By faking this madness he makes himself a less be... ...t Ophelia he felt as if he had lost much more. His saddness is covered by his jealousy and this leads to further maddness. Hamlet is on a path of destruction with no return.   Ã‚  Ã‚   All these events have built up and contributed to Hamlet's downfall. He lost the love of his life, his dear mother and has lost his own mind. Hamlet's choice to put on this antic disposition was a tragic error in judgement (harmartia). It was Hamlet's hubris. Works Cited and Consulted: Bloom, Harold. Modern Critical Interpretations Of Hamlet. New York, NY: Chelsea House Publishers, 1986. Charney, Maurice. All of Shakespeare. New York, NY. Columbia University Press. 1993. Magill, Frank N. Masterplots. Englewood Cliffs, NJ, 1995. Shakespeare, William. Hamlet, Prince of Denmark. The Riverside Shakespeare. ED. G. Blakemore Evans. Boston: Haughton Mifflin Company, 1974.

Saturday, October 12, 2019

The purpose of the scene in Act 3 Scene 4 is to celebrate the coronatio

The purpose of the scene in Act 3 Scene 4 is to celebrate the coronation of Macbeth with a banquet. It gives us an insight into his state of mind Choose a scene, which you think, would be particularly effective in its impact on an audience. Discuss how this scene is presented in two different productions. Say which you prefer and why. The purpose of the scene in Act 3 Scene 4 is to celebrate the coronation of Macbeth with a banquet. It gives us an insight into his state of mind and present character, and the changes in the relationship between Macbeth and Lady Macbeth. Finally, we can look at the deteriorating evil that is vivid in Macbeth. Throughout the scene, Macbeth is haunted and hallucinating, which Lady Macbeth has no control over. At the opening of the scene the atmosphere is exceedingly pleasurable, both Macbeth and Lady Macbeth are entertaining their guests and are exceeding the roles of host and hostess. When the murders are brought to Macbeth’s attention, he hurries over to speak with them. Here we see how Macbeth’s deteriorating character move from, noble, respectful to cunning, and calculating. The language used to enquire of Banquo and Fleance were murdered was somewhat crude and vindictive, â€Å"is he dispatched.† We see Macbeth use entrapment imagery to convey his apprehension with Fleance escaping. It is clear Macbeth is alarmed now about his uncertain and indecisive future. We realize that Macbeth is anxious and fretful worrying that Fleance may seek revenge and become extremely dangerous. â€Å"There the grown serpent lies the warm that fled.† His aside is packed with animal imagery, which is used to suggest his insecurity and animal instinct. As this is happening, it is made clear that Lady Macbeth is livid and accuses her husband of being an improper host. His response is too talk of Banquo’s absence, â€Å"Where the graced person of our Banquo present.† His hypocritical tone causes the ghost of Banquo to enter which understandably frightens Macbeth and his hysterical state provokes a lot of questions and suspicions. He passes remarks like â€Å"the table is full† and â€Å"which one of you have done this? Macbeth continues in this frenzied state as he beings to communicate with the ghost, â€Å"thou canst not say I did it.† Macbeth is clearly saturated with guilt and his mind is overcome with torture and evil. â€Å"Never .. ... then rushes over to her husband to bring him back to some form on normality. In this production Lady Macbeth is a lot more composed which is the image I perceived in my head when reading the book. I found her to be the peacemaker in the relationship, so therefore this production again met my expectations of the characters. Lady Macbeth constantly tries to calm her delirious husband and restore some customariness back into the banquet. The lords are very confused in this production and talk constantly of the sights they are witnessing. Once they leave, we see a very disappointed Lady Macbeth, gazing through a distant window. The pair then walk up the stairs together with a light, the red light shines as they lay in bed together which conveys, their intimacy and closeness. It is clear now that she does not need to encourage Macbeth anymore to murder. Both productions were cleverly put together, with wonderful actors and actresses. I did enjoy the Roman Polanski version a little bit more simply because it reinforced the images I had already appreciated. The imagery used in this one, was more vivid and realistic which captured and held my attention for longer.

Friday, October 11, 2019

Critical Analysis of Marketing Mix

Marketing mix for evaluating business situationsAnalytical frameworks are the models designed by the experts who might have faced an problem earlier in either establishing or running a business unit. Fortunately, we can use these analytical frameworks to our advantage in order to identify the skills, organization techniques, examples and expertise of others (Lieberman, 2007).The most prominent business tool which was first expressed by McCarthy (1960) is 4 Ps of marketing mix. Marketing mix gives a basic conceptual framework for the managers, these tools can be used to develop both long term strategies and short term tactical programs (Palmer, 2004). Product (To be designed as per the need of the customer)Place (Place at which, product should be made available) Price (cost at which the audience is ready to pay) Promotion (Advertise to attract the audience)Though, the 4Ps remain a staple of marketing mix. The paradigm shift with the emergence of E-commerce rose for critical analysis o f marketing mix. Many management sub-disciplines like, consumer marketing, relationship marketing, services marketing and E-commerce does not implement the marketing mix in equal proportions (Moller, 2006). E-commerce or online marketing concentrates more on the price as, the product is well-known.It also promotes intensively to push the consumer to buy the product so, Price & promotion are prioritized in E-commerce. Moller (2006) further criticized the 4Ps that it â€Å"does not consider customer behavior† (p. 4), is not suitable for service industry, â€Å"does not focus on relationship building† (p. 4), does not emphasize on the â€Å"customer-focused management† (Fakeideas, 2008, p. 4) and Product is stated in a singular sense but, most companies sell inter-dependent products (Fakeideas, 2008).Lets evaluate if the Marketing mix can be implemented in developing a marketing plan for executive MBA program of University of Greenwich. Before launching the program , a primary plan of assessing the SWOT and PEST frameworks helps to identify various dimensions (Ergen, 2011). For instance, Legal and political environment affects the educational sector in its administration for an extended period which might create opportunities or threats (For instance, the UKBA rules of issuing student visa without the work permit effected the revenue of  education sector).Whereas, economic crisis and external forces may create opportunities for entering a new market otherwise, a threat for present market opportunities. Marketing mix misses out on the above mentioned external factors which are vital for a product or a service. Furthermore, the Segmentation, Targeting and Positioning of â€Å"MBA program† should probe certain questions like, Which segment of audience are more willing to pursue MBA? How effectively can we communicate about our Program to the target audience?How does the audience perceive about our program? (Ergen, 2011). In service indus try customer satisfaction & experience while availing a service is of paramount importance since, it creates brand equity and loyalty (Grove et al, 2000). Similarly, for an educational product building on brand equity and student loyalty creates a word-of-mouth publicity. Hence, a traditional marketing mix should be replaced by price, brand, packaging and relationships for an service industry (Beckwith, 2001).To conclude, marketing mix is not a scientific theory, but merely a conceptual framework which aids decision makers in configuring their offerings to suit consumers needs (Palmer, 2004). Marketing mix misses out on many external factors and it is a typical model for manufacturing units who does not focus on service marketing. On a whole, any analytical framework gives an outline of business situation; the managers have to dig in more factors to understand the scenario thoroughly for better approach of solving a problem.

Thursday, October 10, 2019

Female Foeticide

Female Foeticide: A legal Analysis In 1988 there was an advertisement in the Diwali special number of a renowned Marathi magazine:[1] â€Å"Amniocentesis is a developed science To misuse it for abortion is a great sin. Better go in for sex-selection Read this book. Consult your family doctor for a sure way of begetting sons. Female foeticide is perhaps one of the worst forms of violence against women where a woman is denied her most basic and fundamental right- the right to life enshrined in Article 21 of Indian Constitution. Elimination of the girl child by way of selectively eliminating the female embryos or foetuses is an age-old phenomenon. It negates the fundamental right to equality guaranteed under Articles 14 and 15 of our Constitution. The traditional mentality of the Indian culture of preferring the boy baby over the girl child combined with the ultra modern technology has only succeeded in boosting the status conscious Indian families to perpetuate their choice making process of the girl child elimination in the most sophisticated and easiest way. To top it all, the ethically conscious medical profession has been able to bring down the already imbalanced sex ratio on to 927 women per 1000 men. [2] It raises important issues on the interfacing of technology, health and society, of misuse of medical technology, of using techno-centric solutions for social problems, of violation of the principles of medical ethics, of social and demographic implications of such technologies, of the decision making processes involving technology, which can have far-reaching social effects, of regulating the medical profession (specially reproductive technology) both internally and externally, of limits to research and the techno-docs' power ‘to play God', of the role and limits of social legislation in tackling social problems; of ‘informed consent', and patients' rights and doctors accountability, of the possible fall-out of the advent of New Reproductive Technologies (NRTs) from Sex Pre-Selection Techniques (SPSTs) to non-coital reproduction through IVF- ET or GIFF, surrogate motherhood to genetic engineering; of decision-making process in family and society and women's role (or lack of it) in them. All these interrelated issues mean something to all our lives as it defines the way we see our past, present and future. Traditionally the patriarchal families got rid of the â€Å"unwanted child† either by way of poisoning the new-born baby or letting her coke on husk or simply by crushing her skull under a charpoy. Since modern medical tests have made it easier to determine the sex of the child even before the birth of the â€Å"unwanted child†, the number has only shot instead of decreasing. In one hospital, a study showed that out of 8,000 abortions performed, 7,999 were female foetuses. [3] Hence, the government was forced to pass the Pre Natal Diagnostic (Prevention) Act, 1994 in response to the increasing number of abortions performed on women carrying female foetuses. 4] Thus, India's officials banned couples from using â€Å"technical means† to determine the sex of a foetus. [5] Although India's Parliament passed the legislation in 1994, it could not become law until all state legislatures approved it. [6] The law finally took effect on January 1, 1996. The 1994 Act is bot h prohibitive and regulatory. Prohibitive: According to the Act the use of pre-natal techniques for the purposes of sex determination are prohibited. [7] The Act prohibits any person conducting prenatal diagnostic procedure from communicating to the pregnant women concerned or her relatives the sex of the foetus by words, signs or in any other manner. 8] The Act prohibits any Genetic Counselling centre, Genetic Laboratory and Genetic Clinic to conduct activities relating to pre-natal diagnostic technique unless it is registered under the Act or to employ anyone who does not possess the prescribed qualifications. The medical practitioners are prohibited to conduct such techniques at any place, which is not registered under the Act. Regulatory: The Act provides for the regulation of pre-natal diagnostic techniques. Prenatal diagnostic techniques may be used to detect genetic or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders . Prenatal Diagnostic Techniques may be employed only under specified conditions by registered institutions:[9] O  Ã‚  Ã‚  Ã‚   The tests can only be carried out on women who are either over the age of thirty-five; or O  Ã‚  Ã‚  Ã‚   Have had two or more miscarriages; or O  Ã‚  Ã‚  Ã‚   Who have been exposed to radiation, infection, chemicals or drugs which are harmful to the foetus; or O  Ã‚  Ã‚  Ã‚   The pregnant woman has a family history of mental retardation or physical deformities such as spasticity or any other genetic disease; or O  Ã‚  Ã‚  Ã‚   Any other condition as may be specified by the Central Supervisory Board. It is very important to note that the Act permits use of such techniques provided the medical practitioner has explained all the known side and after effects of such techniques to the pregnant woman and more importantly, has obtained her written consent in the language she understands. 10] Persons working in the clinics, as well as women and their families who use the clinics; or are liable for fines and imprisonment for violating the Act. [11] The Act provides for the construction of a Central Supervisory Board [herein after CSB], which shall be established to advise the government on policy matters relating to pre-natal diagnostic techniques; to review the implementation of the Act and its rules; and to recommend changes in the Act and its rules. [12] The CSB has been assigned a very important function of spreading public awareness against the practice of pre-natal determination of sex and foeticide. The CSB shall meet at least twice a year to review the functioning of the Act and make recommendations for its better implementation. [13] An Appropriate Authority shall be appointed in States and Union Territories and regions wherein the authorities are empowered:[14] O  Ã‚  Ã‚  Ã‚   To grant, suspend or cancel the registration of genetic counselling centres, laboratories and clinics; and O  Ã‚  Ã‚  Ã‚   Also to investigate complaints regarding breach of the provisions of the Act or the rules. The Act lays down prohibition on the issuance of advertisements[15] relating to pre-natal sex determination by any person, organisation or institutional and provides that any contravention/Violations of the same will entitle the offender a punishment of 3 years imprisonment and/ or Rs. 10,000/- fine for the first charge, this increasing to Rs. 50,000/- fine and 5 years imprisonment for a second charge. [16] But there are various loopholes in the Act, which has made it a failure to a great extent thus letting the demons of female foeticide/infanticide survive and flourish! Hence, the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 was passed to plug the loopholes. THE PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) AMENDMENT ACT, 2002: Objectives of the New Act: The practices relating to female foeticide and techniques connected with the same are considered discriminatory to the female sex and not conducive to the dignity of the women. The proliferation of the technologies mentioned above may, in future, precipitate a catastrophe, in the form of severe imbalance in male-female ratio. The State is also duty bound to intervene in such matters to uphold the welfare of the society, especially of the women and children. Therefore, the government felt the necessary to enact and implement in letter and spirit a legislation to ban the pre-conception sex selection techniques and the misuse of pre-natal diagnostic techniques for sex-selective abortions and to provide for the regulation of such abortions. Such a law is also needed to uphold medical ethics and initiate the process of regulation of medical technology in the larger interests of the society. Accordingly, it is proposed by the government to amend the aforesaid Act with a view to banning the use of both sex selection techniques prior to conception as well as the misuse of pre-natal diagnostic techniques for sex selective abortions and to regulate such techniques with a view to ensuring their scientific use for which they are intended. The Amendment Act, 2002 seeks to achieve the aforesaid objects. Highlights of the New Act: 1. The Act provides for the prohibition and regulation of SD techniques before or after conception. [17] 2. For the words and brackets â€Å"the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse)†, the words and brackets â€Å"the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)† shall be substituted. [18] This lays a lot of emphasis on the issue of female foeticide in particular. 3. Definitions of â€Å"conceptus†, â€Å"embryo† and â€Å"foetus† have been laid down specifically, which helps in determining the cause and stage of use of PNDT. [19] 4. The Explanations added to Sec. (ii) in clause (d), (e) and (g) have enlarged the scope of the Act to include even the portable PNDT equipment/machinery. [20] 5. Qualifications of a genetic has been upgraded. [21] 6. Amendment of section 17 of the principal Act re ads as follows— â€Å"(e) to take appropriate legal action against the use of any sex selection technique by any person at any place, suo motu or brought to its notice and also to initiate independent investigations in such matter† This provision has given extra scope to the authorities for the utilisation of the powers to fulfil their duties. 7. Insertion of new section 17A. -After section 17 of the principal Act, the following section is proposed to be inserted, namely:— â€Å"17A. Powers of Appropriate Authorities. The Appropriate Authority shall have the powers in respect of the following matters, namely:— (a)  Ã‚  Ã‚  Ã‚   summoning of any person who is in possession of any information relating to violation of the provisions of this Act or the rules made thereunder; (b)  Ã‚  Ã‚   production of any document or material object relating to clause (a); (c)  Ã‚  Ã‚  Ã‚   issuing search warrant for any place suspected to be indulging in sex selectio n techniques or pre-natal sex determination; and (d)  Ã‚   any other matter which may be prescribed. †. This provision is very much in tune with the objective of Section 17 (e). 8. Provision with regard to the advertisements has been made more stringent. [22] 9. Definitely, the strongest provision of the Bill is the new section 24, which if brought to effect shall wipe all doubts with regard to the application of penal provisions to women undergoing the PNDT tests. The rovisions has rightly identified the problems of women in the cases of PNDT as in most cases, women are forced to go for these test or to forgo their marital lives their homes, even their lives. [23] Drawbacks of the new Act: I. Amendment of section 3. -In section 3 of the principal Act, for clause (2), the following clause shall be substituted, namely:— â€Å"(2) No Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall employ or cause to be employed or take services of any person, w hether on honorary basis or on payment who does not possess the qualifications as may be prescribed. † The Section is negatively worded which gives a scope for the people specifically excluded in the provisions to take advantage of the loophole. Instead, if the provision was positively worded in the sense that it lad down as to who is eligible to carry the PNDT under the circumstances specified under the Act, it would have restrained anyone who is otherwise not specifically authorised to conduct such tests. II. Section 3B: Prohibition on sale of ultrasound machine, etc. , to persons, laboratories, clinics, etc. , not registered under the Act. – No person shall sell any ultrasound machine or imaging machine or scanner or any other equipment capable of detecting sex of foetus to any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other person not registered under the Act. † Though this is a strongly worded Section, which aims at curbing the clandestine sale of the PNDT equipments, it suffers from a major drawback. The Act or he Section does to talk about the manufacturing of these equipments because since manufacturing is the first step towards the black-marketing and other misuses. As such, there have to be specific guidelines as to the manufacturing. The manufacturing license should be issued only to the Governmental Institutions so that the monitoring becomes so much easier because of the control that he Government can exercise over these institutions. Also very closely linked to above point is the licensing function. If licenses for prenatal diagnosis were granted only to government institutions, the task of vigilance would be further simplified. The ban on misuse of techniques for SD imposed upon government institutions has not been violated for the past 15 years. Also there is no provision to the effect that the registration of the portable PNDT machinery/equipment’s are also registered. III. Amendment of section 4. -In section 4 of the principal Act, for clauses (3) and (4), the following clauses shall be substituted, namely:— â€Å"(3) No pre-natal diagnostic techniques shall be used or conducted unless the person qualified to do so is satisfied for reasons to be recorded in writing that any of the following conditions are fulfilled, namely:— The provisions of this section prima facie seem like a good provision but are a toothless one. The issue is that though citing a reason which satisfies the condition precedent laid down in the Act before the PNDT tests are conducted, the provisions misses out a crucial point. It does not mandate for the production of the documents to prove that the condition in fact, is satisfied and is very much in spirit wit the object of the Act. Also should be included in this provision the requirement t record al these documentary proof which shall be made available for verification by the CSB/SSB, etc. IV. Section 13 sub clause (vi) Any other condition as may be specified by the Board: This provision gives a lot of discretionary powers to the Boards, which have to be curtailed in the form of the guidelines. V. Amendment of section 5. In section 5 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:— â€Å"(2) No person including the person conducting pre-natal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives or any other person the sex of the foetus by words, signs, or in any other manner. † This provision has practical difficulties in terms of implementation. It is suggested by the author that a kind of code system be adopted whereby the tests which have satisfied the conditions of the Act be given a code number and sent for testing in a place which is authorised to conduct he tests for a particular area or region. This is to ensure that there exists no direct links between the family concerned and the medical practitioner who can convey the sex of the foetus, which might lead to the death of the foetus in case it turns out to be a female. This is because though the provisions bar the practitioner from conveying in any manner whatsoever, the proof that the same has not been conveyed cannot be assured. VI. Automatic suspension/cancellation from the Registry of Medical Practitioners of the name of doctors found guilty by the court without referring the matter to the Medical Council. VII. Insertion of new section 16A. -After section 16 of the principal Act, the following section shall be inserted, namely:— â€Å"16A. Constitution of State Supervisory Board and Union territory Supervisory Board. (1) Each State and Union territory having Legislature shall constitute a Board to be known as the State Supervisory Board or the Union territory Supervisory Board, as the case may be, which shall ha ve the following functions:— (10) In respect of matters not specified in this section, the State Board shall follow procedures and conditions as are applicable to the Board. † There are no rules and regulations with regard to the powers of the Boards as to in what way the powers have to be synchronised to fulfil their duties and function as specified in the Act. Also, this Section suffers from a serious defect. That is the Section has adopted a very top-down approach, which has been time and again proved to be ineffective and fruitless. Therefore, the approach should have bee a grass-root eve approach. This is even more applicable n the cases of PNDT because of the Act that a good chunk of cases are from rural areas which are very difficult to monitor and control. A Panchayat level machinery working hand in hand with local rural institutions like the Anganwadis and the school would be an idea way to tackle and combat the problem of PNDT. VIII. Also the Act has certain vague and ambiguous terms and expressions like â€Å"eminent† which are very problematic as to how they should be interpreted and put to use. IX. Punishable with imprisonment for a term, which may extend to three years and with fine which may extend to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees. The hike in the fines though would be applicable to the urban areas, it’s a mere letter of black and white on the paper when it comes to the rural areas. The rural people who, more often than not are extremely poor, are in no position to pay those high fines, which makes the provisions a redundant provisions. Instead, thee ha to be a mechanism whereby these people can be sensitized to the problems associated with the girl child. It is the firm belief of the author that public awareness is a much better and powerful tool than mere fines, especially with regard to the rural poor. X. A major hurdle in the endeavor to prohibit sex determination and regulation of PNDT techniques is that there is no proper duty laid upon any of he authorities in the Act. There is no penalty attached for non performance of the duties- commission or omission- cast upon the authorities. Especially in the light of the fact that so far the CSB have never met regularly as per the provisions of the Act. XI. The Financial Memorandum affixed to the Bill with regard to the expenses falling under Section 16 A of the Act has no regulation with regard to transparency, a ccountability, and regulatory body. This is very problematic and might just prove to be plunder’s paradise. ——————————————– [ 2 ]. [1] See, http://www. evesindia. com/health/features/reprod_health. html, visited on 10/10/02. | | [ 3 ]. [2] Id.. | | [ 4 ]. [3]In one hospital, a study showed that out of 8,000 abortions performed, 7,999 were female foetuses. See Shailaja Bajpai, India's Lost Women, World Press Rev. , Apr. 1991, at 49. Also see, Vidya Deshpande, Where have all the girls gone? , http://www. indianexpress. com/fe/daily/19991202/faf28033. html, visited 24/12/02. | | [ 5 ]. [4]John F. Burns, India Fights Abortion of Female Foetuses, N. Y. Times, Aug. 27, 1994, at 5, available in LEXIS, News Library, Curnws File. | | [ 6 ]. [5]Demographers pointing to such numbers have finally forced governments to take notice. Thus, India's officials banned couples from using â€Å"technical means† to determine the sex of a foetus. The Sexes; Disappearing Girls; In China, India and South Korea, A Gender Gap Causes Worries, Asiaweek, Mar. 3, 1995, at 32 | [ 7 ]. [6]See India Bans Abortions of Female Fetuses; Another Move to Help Protect Baby Girls, Chi. Trib. , Jan. 10, 1996, at 13, available in LEXIS, World Library, Allwld File. | | [ 8 ]. [7] Section 3. | | [ 9 ]. [8] Section 4(4)| | [ 10 ]. [9] Section 4| | [ 11 ]. [10] Section 5(1)( c)| | [ 12 ]. [11] See section 24. Common response to the Act has been â€Å"If I do get arrested, I'll spend a couple of months in prison, but what's that compared to a lifetime of misery trying to bring up a girl? â€Å"| | [ 13 ]. [12] Section 17| | [ 14 ]. [13] Section 18| | [ 15 ]. [14] Sections 20-21| | [ 16 ]. [15] Section 22| | [ 17 ]. [16] Section 23| | [ 18 ]. 17] The long title of the Bill that is proposed to substituted the present long title reads as follows:— â€Å"An Act to provide for the prohibition of sex selection, before or after conception, and for regulation of pre-natal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for sex determination leading to female foeticide and for matters connected therewith or incidental thereto. † | | [ 19 ]. [18] Amendment of section 1 of th e Act. | | [ 20 ]. [19] 4. Amendment of section 2. In section 2 of the principal Act,— (i) after clause (b), the following clauses shall be inserted, namely:— ‘(ba) â€Å"conceptus† means any product of conception at any stage of development from fertilisation until birth including extra embryonic membranes as well as the embryo or foetus; (bb) â€Å"embryo† means a developing human organism after fertilisation till the end of eight weeks (fifty-six days); (bc) â€Å"foetus† means a human organism during the period of its development beginning on the fifty-seventh day following fertilisation or creation (excluding any time in which its development has been suspended) and ending at the birth’ | | [ 21 ]. [20] â€Å"Explanation. — For the purposes of this clause, ‘Genetic Clinic’ includes a vehicle, where ultrasound machine or imaging machine or scanner or other equipment capable of determining sex of the foetus or a portable equipment which has the potential for detection of sex during pregnancy or selection of sex before conception, is used. † | | [ 22 ]. 21] ‘(g) â€Å"medical geneticist† includes a person who possesses a degree or diploma in genetic science in the fields of sex selection and pre-natal diagnostic techniques or has experience of not less than two years in any of these fields after obtaining— (i) any one of the medical qualifications recognised under the Indian Medical Council Act, 1956 (102 of 1956); or (ii) a post-graduate degree in biological sciences. ’ | | [ 23 ]. [22] Substitution of new section for section 22. -For section 22 of the principal Act, the following section shall be substituted, namely:— 22. Prohibition of advertisement relating to pre-conception and pre-natal determination of sex and punishment for contravention. (1) No person, organisation, Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, including c linic, laboratory or centre having ultrasound machine or imaging machine or scanner or any other technology capable of undertaking determination of sex of foetus or sex selection shall issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement, in any form, including internet, regarding facilities of pre-natal determination of sex or sex selection before conception available at such centre, laboratory, clinic or at any other place. See also, Substitution of new section for section 16. –    | | [ 24 ]. [23] Substitution of new section for section 24. For section 24 of the principal Act, the following section shall be substituted, namely:— â€Å"24. Presumption in the case of conduct of pre-natal diagnostic techniques. -Notwithstanding anything contained in the Indian Evidence Act, 1872, the court shall presume unless the contrary is proved that the pregnant woman was compelled by her husband or any other re lative, as the case may be, to undergo pre-natal diagnostic technique for the purposes other than those specified in sub-section (2) of section 4 and such person shall be liable for abatement of offence under sub-section (3) of section 23 and shall be punishable for the offence specified under that section. †| | Female Foeticide Female Foeticide: A legal Analysis In 1988 there was an advertisement in the Diwali special number of a renowned Marathi magazine:[1] â€Å"Amniocentesis is a developed science To misuse it for abortion is a great sin. Better go in for sex-selection Read this book. Consult your family doctor for a sure way of begetting sons. Female foeticide is perhaps one of the worst forms of violence against women where a woman is denied her most basic and fundamental right- the right to life enshrined in Article 21 of Indian Constitution. Elimination of the girl child by way of selectively eliminating the female embryos or foetuses is an age-old phenomenon. It negates the fundamental right to equality guaranteed under Articles 14 and 15 of our Constitution. The traditional mentality of the Indian culture of preferring the boy baby over the girl child combined with the ultra modern technology has only succeeded in boosting the status conscious Indian families to perpetuate their choice making process of the girl child elimination in the most sophisticated and easiest way. To top it all, the ethically conscious medical profession has been able to bring down the already imbalanced sex ratio on to 927 women per 1000 men. [2] It raises important issues on the interfacing of technology, health and society, of misuse of medical technology, of using techno-centric solutions for social problems, of violation of the principles of medical ethics, of social and demographic implications of such technologies, of the decision making processes involving technology, which can have far-reaching social effects, of regulating the medical profession (specially reproductive technology) both internally and externally, of limits to research and the techno-docs' power ‘to play God', of the role and limits of social legislation in tackling social problems; of ‘informed consent', and patients' rights and doctors accountability, of the possible fall-out of the advent of New Reproductive Technologies (NRTs) from Sex Pre-Selection Techniques (SPSTs) to non-coital reproduction through IVF- ET or GIFF, surrogate motherhood to genetic engineering; of decision-making process in family and society and women's role (or lack of it) in them. All these interrelated issues mean something to all our lives as it defines the way we see our past, present and future. Traditionally the patriarchal families got rid of the â€Å"unwanted child† either by way of poisoning the new-born baby or letting her coke on husk or simply by crushing her skull under a charpoy. Since modern medical tests have made it easier to determine the sex of the child even before the birth of the â€Å"unwanted child†, the number has only shot instead of decreasing. In one hospital, a study showed that out of 8,000 abortions performed, 7,999 were female foetuses. [3] Hence, the government was forced to pass the Pre Natal Diagnostic (Prevention) Act, 1994 in response to the increasing number of abortions performed on women carrying female foetuses. 4] Thus, India's officials banned couples from using â€Å"technical means† to determine the sex of a foetus. [5] Although India's Parliament passed the legislation in 1994, it could not become law until all state legislatures approved it. [6] The law finally took effect on January 1, 1996. The 1994 Act is bot h prohibitive and regulatory. Prohibitive: According to the Act the use of pre-natal techniques for the purposes of sex determination are prohibited. [7] The Act prohibits any person conducting prenatal diagnostic procedure from communicating to the pregnant women concerned or her relatives the sex of the foetus by words, signs or in any other manner. 8] The Act prohibits any Genetic Counselling centre, Genetic Laboratory and Genetic Clinic to conduct activities relating to pre-natal diagnostic technique unless it is registered under the Act or to employ anyone who does not possess the prescribed qualifications. The medical practitioners are prohibited to conduct such techniques at any place, which is not registered under the Act. Regulatory: The Act provides for the regulation of pre-natal diagnostic techniques. Prenatal diagnostic techniques may be used to detect genetic or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders . Prenatal Diagnostic Techniques may be employed only under specified conditions by registered institutions:[9] O  Ã‚  Ã‚  Ã‚   The tests can only be carried out on women who are either over the age of thirty-five; or O  Ã‚  Ã‚  Ã‚   Have had two or more miscarriages; or O  Ã‚  Ã‚  Ã‚   Who have been exposed to radiation, infection, chemicals or drugs which are harmful to the foetus; or O  Ã‚  Ã‚  Ã‚   The pregnant woman has a family history of mental retardation or physical deformities such as spasticity or any other genetic disease; or O  Ã‚  Ã‚  Ã‚   Any other condition as may be specified by the Central Supervisory Board. It is very important to note that the Act permits use of such techniques provided the medical practitioner has explained all the known side and after effects of such techniques to the pregnant woman and more importantly, has obtained her written consent in the language she understands. 10] Persons working in the clinics, as well as women and their families who use the clinics; or are liable for fines and imprisonment for violating the Act. [11] The Act provides for the construction of a Central Supervisory Board [herein after CSB], which shall be established to advise the government on policy matters relating to pre-natal diagnostic techniques; to review the implementation of the Act and its rules; and to recommend changes in the Act and its rules. [12] The CSB has been assigned a very important function of spreading public awareness against the practice of pre-natal determination of sex and foeticide. The CSB shall meet at least twice a year to review the functioning of the Act and make recommendations for its better implementation. [13] An Appropriate Authority shall be appointed in States and Union Territories and regions wherein the authorities are empowered:[14] O  Ã‚  Ã‚  Ã‚   To grant, suspend or cancel the registration of genetic counselling centres, laboratories and clinics; and O  Ã‚  Ã‚  Ã‚   Also to investigate complaints regarding breach of the provisions of the Act or the rules. The Act lays down prohibition on the issuance of advertisements[15] relating to pre-natal sex determination by any person, organisation or institutional and provides that any contravention/Violations of the same will entitle the offender a punishment of 3 years imprisonment and/ or Rs. 10,000/- fine for the first charge, this increasing to Rs. 50,000/- fine and 5 years imprisonment for a second charge. [16] But there are various loopholes in the Act, which has made it a failure to a great extent thus letting the demons of female foeticide/infanticide survive and flourish! Hence, the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 was passed to plug the loopholes. THE PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) AMENDMENT ACT, 2002: Objectives of the New Act: The practices relating to female foeticide and techniques connected with the same are considered discriminatory to the female sex and not conducive to the dignity of the women. The proliferation of the technologies mentioned above may, in future, precipitate a catastrophe, in the form of severe imbalance in male-female ratio. The State is also duty bound to intervene in such matters to uphold the welfare of the society, especially of the women and children. Therefore, the government felt the necessary to enact and implement in letter and spirit a legislation to ban the pre-conception sex selection techniques and the misuse of pre-natal diagnostic techniques for sex-selective abortions and to provide for the regulation of such abortions. Such a law is also needed to uphold medical ethics and initiate the process of regulation of medical technology in the larger interests of the society. Accordingly, it is proposed by the government to amend the aforesaid Act with a view to banning the use of both sex selection techniques prior to conception as well as the misuse of pre-natal diagnostic techniques for sex selective abortions and to regulate such techniques with a view to ensuring their scientific use for which they are intended. The Amendment Act, 2002 seeks to achieve the aforesaid objects. Highlights of the New Act: 1. The Act provides for the prohibition and regulation of SD techniques before or after conception. [17] 2. For the words and brackets â€Å"the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse)†, the words and brackets â€Å"the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)† shall be substituted. [18] This lays a lot of emphasis on the issue of female foeticide in particular. 3. Definitions of â€Å"conceptus†, â€Å"embryo† and â€Å"foetus† have been laid down specifically, which helps in determining the cause and stage of use of PNDT. [19] 4. The Explanations added to Sec. (ii) in clause (d), (e) and (g) have enlarged the scope of the Act to include even the portable PNDT equipment/machinery. [20] 5. Qualifications of a genetic has been upgraded. [21] 6. Amendment of section 17 of the principal Act re ads as follows— â€Å"(e) to take appropriate legal action against the use of any sex selection technique by any person at any place, suo motu or brought to its notice and also to initiate independent investigations in such matter† This provision has given extra scope to the authorities for the utilisation of the powers to fulfil their duties. 7. Insertion of new section 17A. -After section 17 of the principal Act, the following section is proposed to be inserted, namely:— â€Å"17A. Powers of Appropriate Authorities. The Appropriate Authority shall have the powers in respect of the following matters, namely:— (a)  Ã‚  Ã‚  Ã‚   summoning of any person who is in possession of any information relating to violation of the provisions of this Act or the rules made thereunder; (b)  Ã‚  Ã‚   production of any document or material object relating to clause (a); (c)  Ã‚  Ã‚  Ã‚   issuing search warrant for any place suspected to be indulging in sex selectio n techniques or pre-natal sex determination; and (d)  Ã‚   any other matter which may be prescribed. †. This provision is very much in tune with the objective of Section 17 (e). 8. Provision with regard to the advertisements has been made more stringent. [22] 9. Definitely, the strongest provision of the Bill is the new section 24, which if brought to effect shall wipe all doubts with regard to the application of penal provisions to women undergoing the PNDT tests. The rovisions has rightly identified the problems of women in the cases of PNDT as in most cases, women are forced to go for these test or to forgo their marital lives their homes, even their lives. [23] Drawbacks of the new Act: I. Amendment of section 3. -In section 3 of the principal Act, for clause (2), the following clause shall be substituted, namely:— â€Å"(2) No Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall employ or cause to be employed or take services of any person, w hether on honorary basis or on payment who does not possess the qualifications as may be prescribed. † The Section is negatively worded which gives a scope for the people specifically excluded in the provisions to take advantage of the loophole. Instead, if the provision was positively worded in the sense that it lad down as to who is eligible to carry the PNDT under the circumstances specified under the Act, it would have restrained anyone who is otherwise not specifically authorised to conduct such tests. II. Section 3B: Prohibition on sale of ultrasound machine, etc. , to persons, laboratories, clinics, etc. , not registered under the Act. – No person shall sell any ultrasound machine or imaging machine or scanner or any other equipment capable of detecting sex of foetus to any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other person not registered under the Act. † Though this is a strongly worded Section, which aims at curbing the clandestine sale of the PNDT equipments, it suffers from a major drawback. The Act or he Section does to talk about the manufacturing of these equipments because since manufacturing is the first step towards the black-marketing and other misuses. As such, there have to be specific guidelines as to the manufacturing. The manufacturing license should be issued only to the Governmental Institutions so that the monitoring becomes so much easier because of the control that he Government can exercise over these institutions. Also very closely linked to above point is the licensing function. If licenses for prenatal diagnosis were granted only to government institutions, the task of vigilance would be further simplified. The ban on misuse of techniques for SD imposed upon government institutions has not been violated for the past 15 years. Also there is no provision to the effect that the registration of the portable PNDT machinery/equipment’s are also registered. III. Amendment of section 4. -In section 4 of the principal Act, for clauses (3) and (4), the following clauses shall be substituted, namely:— â€Å"(3) No pre-natal diagnostic techniques shall be used or conducted unless the person qualified to do so is satisfied for reasons to be recorded in writing that any of the following conditions are fulfilled, namely:— The provisions of this section prima facie seem like a good provision but are a toothless one. The issue is that though citing a reason which satisfies the condition precedent laid down in the Act before the PNDT tests are conducted, the provisions misses out a crucial point. It does not mandate for the production of the documents to prove that the condition in fact, is satisfied and is very much in spirit wit the object of the Act. Also should be included in this provision the requirement t record al these documentary proof which shall be made available for verification by the CSB/SSB, etc. IV. Section 13 sub clause (vi) Any other condition as may be specified by the Board: This provision gives a lot of discretionary powers to the Boards, which have to be curtailed in the form of the guidelines. V. Amendment of section 5. In section 5 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:— â€Å"(2) No person including the person conducting pre-natal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives or any other person the sex of the foetus by words, signs, or in any other manner. † This provision has practical difficulties in terms of implementation. It is suggested by the author that a kind of code system be adopted whereby the tests which have satisfied the conditions of the Act be given a code number and sent for testing in a place which is authorised to conduct he tests for a particular area or region. This is to ensure that there exists no direct links between the family concerned and the medical practitioner who can convey the sex of the foetus, which might lead to the death of the foetus in case it turns out to be a female. This is because though the provisions bar the practitioner from conveying in any manner whatsoever, the proof that the same has not been conveyed cannot be assured. VI. Automatic suspension/cancellation from the Registry of Medical Practitioners of the name of doctors found guilty by the court without referring the matter to the Medical Council. VII. Insertion of new section 16A. -After section 16 of the principal Act, the following section shall be inserted, namely:— â€Å"16A. Constitution of State Supervisory Board and Union territory Supervisory Board. (1) Each State and Union territory having Legislature shall constitute a Board to be known as the State Supervisory Board or the Union territory Supervisory Board, as the case may be, which shall ha ve the following functions:— (10) In respect of matters not specified in this section, the State Board shall follow procedures and conditions as are applicable to the Board. † There are no rules and regulations with regard to the powers of the Boards as to in what way the powers have to be synchronised to fulfil their duties and function as specified in the Act. Also, this Section suffers from a serious defect. That is the Section has adopted a very top-down approach, which has been time and again proved to be ineffective and fruitless. Therefore, the approach should have bee a grass-root eve approach. This is even more applicable n the cases of PNDT because of the Act that a good chunk of cases are from rural areas which are very difficult to monitor and control. A Panchayat level machinery working hand in hand with local rural institutions like the Anganwadis and the school would be an idea way to tackle and combat the problem of PNDT. VIII. Also the Act has certain vague and ambiguous terms and expressions like â€Å"eminent† which are very problematic as to how they should be interpreted and put to use. IX. Punishable with imprisonment for a term, which may extend to three years and with fine which may extend to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees. The hike in the fines though would be applicable to the urban areas, it’s a mere letter of black and white on the paper when it comes to the rural areas. The rural people who, more often than not are extremely poor, are in no position to pay those high fines, which makes the provisions a redundant provisions. Instead, thee ha to be a mechanism whereby these people can be sensitized to the problems associated with the girl child. It is the firm belief of the author that public awareness is a much better and powerful tool than mere fines, especially with regard to the rural poor. X. A major hurdle in the endeavor to prohibit sex determination and regulation of PNDT techniques is that there is no proper duty laid upon any of he authorities in the Act. There is no penalty attached for non performance of the duties- commission or omission- cast upon the authorities. Especially in the light of the fact that so far the CSB have never met regularly as per the provisions of the Act. XI. The Financial Memorandum affixed to the Bill with regard to the expenses falling under Section 16 A of the Act has no regulation with regard to transparency, a ccountability, and regulatory body. This is very problematic and might just prove to be plunder’s paradise. ——————————————– [ 2 ]. [1] See, http://www. evesindia. com/health/features/reprod_health. html, visited on 10/10/02. | | [ 3 ]. [2] Id.. | | [ 4 ]. [3]In one hospital, a study showed that out of 8,000 abortions performed, 7,999 were female foetuses. See Shailaja Bajpai, India's Lost Women, World Press Rev. , Apr. 1991, at 49. Also see, Vidya Deshpande, Where have all the girls gone? , http://www. indianexpress. com/fe/daily/19991202/faf28033. html, visited 24/12/02. | | [ 5 ]. [4]John F. Burns, India Fights Abortion of Female Foetuses, N. Y. Times, Aug. 27, 1994, at 5, available in LEXIS, News Library, Curnws File. | | [ 6 ]. [5]Demographers pointing to such numbers have finally forced governments to take notice. Thus, India's officials banned couples from using â€Å"technical means† to determine the sex of a foetus. The Sexes; Disappearing Girls; In China, India and South Korea, A Gender Gap Causes Worries, Asiaweek, Mar. 3, 1995, at 32 | [ 7 ]. [6]See India Bans Abortions of Female Fetuses; Another Move to Help Protect Baby Girls, Chi. Trib. , Jan. 10, 1996, at 13, available in LEXIS, World Library, Allwld File. | | [ 8 ]. [7] Section 3. | | [ 9 ]. [8] Section 4(4)| | [ 10 ]. [9] Section 4| | [ 11 ]. [10] Section 5(1)( c)| | [ 12 ]. [11] See section 24. Common response to the Act has been â€Å"If I do get arrested, I'll spend a couple of months in prison, but what's that compared to a lifetime of misery trying to bring up a girl? â€Å"| | [ 13 ]. [12] Section 17| | [ 14 ]. [13] Section 18| | [ 15 ]. [14] Sections 20-21| | [ 16 ]. [15] Section 22| | [ 17 ]. [16] Section 23| | [ 18 ]. 17] The long title of the Bill that is proposed to substituted the present long title reads as follows:— â€Å"An Act to provide for the prohibition of sex selection, before or after conception, and for regulation of pre-natal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for sex determination leading to female foeticide and for matters connected therewith or incidental thereto. † | | [ 19 ]. [18] Amendment of section 1 of th e Act. | | [ 20 ]. [19] 4. Amendment of section 2. In section 2 of the principal Act,— (i) after clause (b), the following clauses shall be inserted, namely:— ‘(ba) â€Å"conceptus† means any product of conception at any stage of development from fertilisation until birth including extra embryonic membranes as well as the embryo or foetus; (bb) â€Å"embryo† means a developing human organism after fertilisation till the end of eight weeks (fifty-six days); (bc) â€Å"foetus† means a human organism during the period of its development beginning on the fifty-seventh day following fertilisation or creation (excluding any time in which its development has been suspended) and ending at the birth’ | | [ 21 ]. [20] â€Å"Explanation. — For the purposes of this clause, ‘Genetic Clinic’ includes a vehicle, where ultrasound machine or imaging machine or scanner or other equipment capable of determining sex of the foetus or a portable equipment which has the potential for detection of sex during pregnancy or selection of sex before conception, is used. † | | [ 22 ]. 21] ‘(g) â€Å"medical geneticist† includes a person who possesses a degree or diploma in genetic science in the fields of sex selection and pre-natal diagnostic techniques or has experience of not less than two years in any of these fields after obtaining— (i) any one of the medical qualifications recognised under the Indian Medical Council Act, 1956 (102 of 1956); or (ii) a post-graduate degree in biological sciences. ’ | | [ 23 ]. [22] Substitution of new section for section 22. -For section 22 of the principal Act, the following section shall be substituted, namely:— 22. Prohibition of advertisement relating to pre-conception and pre-natal determination of sex and punishment for contravention. (1) No person, organisation, Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, including c linic, laboratory or centre having ultrasound machine or imaging machine or scanner or any other technology capable of undertaking determination of sex of foetus or sex selection shall issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement, in any form, including internet, regarding facilities of pre-natal determination of sex or sex selection before conception available at such centre, laboratory, clinic or at any other place. See also, Substitution of new section for section 16. –    | | [ 24 ]. [23] Substitution of new section for section 24. For section 24 of the principal Act, the following section shall be substituted, namely:— â€Å"24. Presumption in the case of conduct of pre-natal diagnostic techniques. -Notwithstanding anything contained in the Indian Evidence Act, 1872, the court shall presume unless the contrary is proved that the pregnant woman was compelled by her husband or any other re lative, as the case may be, to undergo pre-natal diagnostic technique for the purposes other than those specified in sub-section (2) of section 4 and such person shall be liable for abatement of offence under sub-section (3) of section 23 and shall be punishable for the offence specified under that section. †| |