Wednesday, July 31, 2019

11 Facts About Elder Abuse Essay

1. Elder abuse most often takes place in the home where the senior lives. It can also happen in institutional settings, especially long-term care facilities. 2. Approximately 1.6 to 2 million seniors become victims of abuse or neglect in domestic and institutional settings in the U.S. every year. 3. The four most common forms of elder abuse are physical abuse (including sexual abuse), psychological and emotional abuse, financial/material abuse, and neglect. 4. Most elder abuse victims are dependent on their abuser for basic needs. 5. At least 1 in 9 Americans over the age of 60 has experienced some form of elder abuse. 6. Seniors who have been abused have a 300 percent higher risk of death when compared to those who weren’t. 7. In almost 90 percent of elder abuse and neglect incidents, the perpetrator is a family member. Two-thirds of perpetrators are adult children or spouses. 8. For every reported incident of elder abuse, five others go unreported. 9. Almost 50 percent of seniors with dementia (a decline in mental ability. Alzheimer’s is the most common type of dementia) experience some form of abuse. 10. While 91 percent of federal abuse prevention dollars are spent on child abuse, 7 percent is spent on domestic abuse, and only 2 percent goes towards protecting the elderly. 11. Legislatures in all 50 states have passed some type of elder abuse law. Types Although there are common themes of elder abuse across nations, there are also unique manifestations based upon history, culture, economic strength, and societal perceptions of older people within nations themselves. The fundamental common denominator is the use of power and control by one individual to affect the well-being and status of another, older, individual. There are several types of abuse of older people that are generally recognized as being elder abuse, including: Physical: e.g. hitting, punching, slapping, burning, pushing, kicking, restraining, false  imprisonment/confinement, or giving excessive or improper medication Psychological/Emotional: e.g. humiliating a person. A common theme is a perpetrator who identifies something that matters to an older person and then uses it to coerce an older person into a particular action. It may take verbal forms such as name-calling, ridiculing, constantly criticizing, accusations, blaming, or non verbal forms such as ignoring, si lence or shunning. Financial abuse: also known as financial exploitation. e.g. illegal or unauthorized use of a person’s property, money, pension book or other valuables (including changing the person’s will to name the abuser as heir). It may be obtained by deception, coercion, misrepresentation, undue influence, or theft. This includes fraudulently obtaining or use of a power of attorney. Other forms include deprivation of money or other property, or by eviction from own home Scam by strangers: e.g. worthless â€Å"sweepstakes† that elderly persons must pay in order to collect winnings, fraudulent investment schemes, predatory lending, and lottery scams. Sexual: e.g. forcing a person to take part in any sexual activity without his or her consent, including forcing them to participate in conversations of a sexual nature against their will; may also include situations where person is no longer able to give consent (dementia) Neglect: e.g. depriving a person of food, heat, clothing or comfort or essential medication and depriving a person of needed services to force certain kinds of actions, financial and otherwise. The deprivation may be intentional (active neglect) or happen out of lack of knowledge or resources (passive neglect). Hybrid financial exploitation (HFE): e.g. financial exploitation that co-occurs with physical abuse and/or neglect. HFE victims are more likely to be co-habiting with abusive individual, to have fair/poor health, to fear the abusive individual, to perceive abusive individual as caretaker, and to have a longer duration abuse. In addition, some U.S. state laws also recognize the following as elder abuse: Abandonment: deserting a dependent person with the intent to abandon them or leave them unattended at a place for such a time period as may be likely to endanger their health or welfare. Rights abuse: denying the civil and constitutional rights of a person who is old, but not declared by court to be mentally incapacitated. This is an aspect of elder abuse that is increasingly being recognized and adopted by nations Self-neglect: elderly persons neglecting themselves by not caring about  their own health or safety. Self-neglect (harm by self) is treated as conceptually different as abuse (harm by others). Institutional abuse refers to physical or psychological harms, as well as rights violations in settings where care and assistance is provided to dependant older adults or others. What causes physical abuse of an elder? The exact cause of physical abuse is not known. Poor or crowded living conditions may be one of the reasons it occurs. The following may increase your risk of physical abuse: You have learning or memory problems. You have a long-term condition, such as dementia, diabetes, paralysis, or stroke. You have no relatives or friends who can take care of you. You have difficulty getting along with others. The carer depends heavily on you for things such as money or housing. The carer drinks alcohol or uses illegal drugs. The carer has a personality disorder, depression, or another mental illness. The carer has a history of family violence, such as physical or sexual abuse. The carer has stress due to work, taking care of you, or financial problems. What are the signs and symptoms of physical abuse of an elder? Repeated falls or injuries, or old injuries that were not treated when they happened Scratches, bite marks, or marks from objects used for restraining, such as belts, ropes, or electrical cords Broken or dislocated bones Cuts or bruises, especially on both upper arms (grab marks) Scars or burns from cigarettes, irons, or hot water Blood or discharge coming from your nose, mouth, or genitals

Tuesday, July 30, 2019

Personal Leadership Plan Essay

Aspiring to be a Life Coach upon receiving my degree in Human Services, I have chosen to write about the roles of Life Coaches and a projected practice I aspire to one day develop or be a part of. Throughout this personal leadership plan, I will include keys points of interest of a Life Coach; objectives, values, and ethics I personally feel should be incorporated, as well as the role ethics play within the profession of Life Coaching. Coaches work in a variety of specializations (such as personal/life and corporate/business) in order to help their clients. Coaches are specifically trained in coaching through a school or mentor coach, and use/incorporate their individual life experience in their practice. Although each coach measures their progress differently, achievement is always measured by progress made by the coaches’ clients. Due to the personal nature of most coaching relationships, this Ethics Code provides the framework and values upon which professional coaches, bas e their practice. The purposes of this Code are threefold. First, it provides the broad principles and values to which coaches subscribe. These include confidentiality and the utmost concern for the welfare and success of the client. Secondly, it provides rules for coaches to use in many of the specific situations that a coach might encounter. Finally, this Code is meant to serve as a building block for the ethical and moral standards of coaches. While each individual coach agrees to follow this Code, they are encouraged to supplement and add to it in order to build a lifelong commitment to building an ethical workplace and profession. -Objectives- The primary objective of my life coaching practice would be as follows: 1. Provide a means for individual students and clients to evaluate their own ethical standards and behaviors and make adjustments if necessary to meet the established standards. 2. Provide a means for participants of the life coaching practice programs to evaluate the standards and practices used by their students and clients and to validate that participants are receiving professional and ethically soun d training  and development. 3. Provide a means for the life coaching practice to evaluate the standards and behaviors of students and clients to ensure a high ethical standard is being met. 4. Provide a means to educate the public and to promote the high ethical standards practiced by members of the life coaching practice. -Values- The profession of Life Coaching holds respect for the worth, dignity and capability of every human being as its primary value. Therefore, my life coaching practice shall not discriminate against anyone on the basis of race, color, language, religion, age, sex, sexual orientation, marital status, physical and mental ability, economic condition or national ancestry. Furthermore, they shall work towards preventing and eliminating such discrimination in rendering service, in work assignments and in employment practices. The profession of Life Coaching affirms that all people have the right to well-being. In addition, all people have the right to learn the skills necessary for the development of human relationships and that each person has the right to self-determination with due regard to the rights of others. -Purpose for Code of Ethics- †¢ To define accepted/acceptable behaviors; †¢ To promote high standards of practice; †¢ To provide a benchmark for visitors, members and students to use for self evaluation; †¢ To establish a framework for professional behavior and responsibilities; †¢ As a vehicle for personal identity; †¢ As a mark of personal maturity; -Responsibility of Confidentiality- The commitment to confidentiality fosters open communication and is essential to effective Life Coaching work. Concerns about privacy and confidential matters can arise throughout the entire professional relationship. -Responsibility to Self- In private life or professional activity, an individual of the Life Coaching practices behavior reflects upon the profession as a whole. -Responsibility to Group and Individuals- Life Coaches should recognize their primary professional responsibility under all circumstances is to the  group and individuals they are serving. Life Coaches should recognize that they bear a considerable social responsibility because their recommendations and professional actions influence the lives of others. -Responsibility to the Profession- The Life Skills profession has a public responsibility to provide competent coaching services. Therefore, individual Life Coaches are encouraged to support and uphold ethical standards and behavior.   -Responsibility to the Community- As Life Coaches are viewed as role models in the communities in which they live and serve, their integrity and behavior reflect upon the profession as a whole. In closing, the profession of Life Coaching is one in which is rich with ethical and moral influence. It should be the Life Coaches primary concern and intent to deliver the utmost level of ethically, morally, and lawfully driven and derived advice and assistance to each and every client he/she works with. It is important to remember, that all lives deserve and have the right to receive the same level of value and respect. It is also vital to remember everyone is an individual, and should be treated as such. Each client as well as the past and present situations they have/are experiencing are unique, therefore there is not just one way to coach all clients.

Monday, July 29, 2019

Accident Victim Interview Report Essay Example | Topics and Well Written Essays - 500 words - 1

Accident Victim Interview Report - Essay Example As soon as he lifted his second foot to take a further step backwards, there was no floor beneath. Next moment, Paul was on the first floor. He had fallen head down and the back of his head struck against the corner of the first stair. The stair was made in concrete and had not yet been plastered or tiled. Paul was not wearing helmet while plastering, so he received scars on the back of his head. He started to bleed heavily. The foreman noticed him and immediately reported the case to the engineer. The engineer called for the safety officer and called the first aid. The safety officer took notes and escorted Paul to the nearest hospital. Paul received five stitches in the head. Surprisingly, he did not have any fracture. He was lucky enough to remain safe and sound. After taking his X-ray, the doctor said that the scars were not deep and had not penetrated into the skull. Paul had only had his skin cut. The doctor proposed that Paul should take a bed rest for at least two weeks befor e going to work. The construction company he was employed in paid for his medical expenses. After two weeks, the scars had sufficiently healed. The doctor undid the bandage. Paul was feeling ok then and would be at work the following day. The incident was reported to OSHA. OSHA team visited the construction site and instructed the General Manager (GM) to bring certain changes in the workplace within a specified duration. Following the incident, the safety officer ensured that every worker wore the helmet. To achieve this, he announced with due approval of the GM that any worker found without a helmet on the site would be fined along with his foreman. Every worker would receive three fines before getting terminated from work, and the successive fines would be larger. The safety officer also got scaffolding fixed aside every staircase in every house on the construction site. In addition to that, all workers were called in a

Sunday, July 28, 2019

Critically evaluate the rules that apply to misrepresentation and Essay

Critically evaluate the rules that apply to misrepresentation and non-disclosure in insurance contracts - Essay Example Incorrect, incomplete or incorrect answers during application or material fact non-disclosure may go up to the contract’s roots and jeopardize its continued existence. The association between the insured and the insurer is regarded as one where mutual responsibilities of good faith and trust are overriding. During application time, indispensable facts are customarily recognized by the applicant but may be challenging to the insurer to make certain. The insurer is thus, vulnerable and needs the material facts so as to establish whether to issue a policy or not, what particular omissions it may need, and the amount of premium to charge. In fact, there are two diverse duties on the applicant at the time of the application. Normally, a broker or an agent interviews an applicant to complete the process of application. Based on the nature, as well as, type of the insurance coverage wanted, the application will have numerous questions concerning the background, health, business activities and various other aspects of the applicant. The application will characteristically have a declaration that is executed by the applicant and that the answers availed are complete, full, and true. Consequently, there are two isolated essential issues2. The first issue is that of any misrepresentation of answers by the applicant in the questions on the application. The second issue is that of non-disclosure of any facts by the applicant that are within his or her knowledge, and which are essential to the insurance. In the event that an insurer takes a stand that a policy is void because of non-disclosure or misrepresentation, it is not required of the insurer to determine the insured’s motives. The motives of the insured are irrelevant provided the misrepresentation are of a fact identified by the insured that could be viewed by a rational insurer as substantial to the risk. Typically,

Saturday, July 27, 2019

Assign2 Assignment Example | Topics and Well Written Essays - 250 words

Assign2 - Assignment Example Curtis held his argument that our galaxy bares a diameter of 30,000 light years; with the sun close to the center of our galaxy. He further believed that the observed spiral nebulae are similar to our galaxy. However, Shapley opposed Curtis’ fact on the relation of our universe to the galaxy, by saying that our galaxy bares a diameter of 300,000 light years; with the sun being 60,000 light years away from the center of the galaxy. He also further argued that, the observed spiral nebulae are just a cloud of gas that makes up the whole universe. Shapley meant that the spiral nebulae are not just galaxies on their own, but also part of our universe. Prior to the microwave background discovery, Andrew McKellar (9140) had already concluded that, the rotational states of CN molecules were influenced by an equilibrium temperature of 2.3 Kelvin. Thus, the latter result was a year later confirmed by Walter Adams to be true. However, their discovery was never taken into consideration due to the emergence of World War 2, which shifted scientific and physical knowledge of astronomers into invention of military equipments. Hence, emergence of the latter war was the main reason as to why McKellar missed the noble prize, of being the founder of microwave background. Since, during the period of World War 2 he served the Canadian Navy while neglecting his cosmic discovery, of thermal temperature required for a microwave background. Thus, a lot of his physics knowledge that he had was bridged to the war. However, after the Second World War, McKellar’s idea on the thermal equilibrium rotation of CN molecules was later used for the disco very of the microwave radiation, which as a result pioneered the invention of cosmic microwave background in 1965. Thus, the 1965 discovery of CMB was made by radio astronomers from America (Arno Penzias & Robert Wilson), who were later crowned for the Nobel Prize of discovering the microwave

How far has law moved away from binary understandings of sex and Essay

How far has law moved away from binary understandings of sex and gender Critically discuss with reference to AT LEAST one aspec - Essay Example In the years where the feminist movement was strong, the clamour for laws in relation to gender discrimination was very much significant. In the years which followed said movement, civil provisions were implemented, primarily those seeking to prevent the proliferation of abusive and discriminatory gender-based acts. This paper will now discuss how far the law has moved away from binary understandings of sex and gender. It will critically discuss this issue with reference to the understanding of sex and gender and the gendering of the body. This essay is being carried out in order to establish a thorough review of available studies on gender bias and legal processes which seek to prevent and manage its manifestation. It is also being carried out in order to provide this student a detailed understanding of the available legal processes which have been put in place in relation to gender-based issues and activities. Body The terms sex and gender are often interchanged in their use or app lication. Even if they may refer to similar things, they actually refer to various aspects in a person’s life1. Sex is the anatomical difference between the sexes largely based on how they have developed from birth and to the person’s adolescent years. ... Under these conditions, the social constructs and gender expectation indicate that males are expected to play rough, and females to have a gentler and more refined side4. Males are expected to be physically strong and to play with cars and toy soldiers; females are expected to be physically weak and to play with dolls and non-violent games. The different interpretation and understanding of gender is the main issue for this essay. The current laws are varied based on the countries and the type of societies involved. In the international sphere however, the United Nations has set forth primary laws which are aimed towards protecting the rights of women, veering away from the binary understandings of sex or specific gender descriptions and roles5. The extent to which the law has moved away from binary understandings of sex and gender is a matter which can be evaluated based on specific topics, including the sexing of the body through male and female circumcisions and the sexing of the c hild. When considering the importance of legal gender, it is important to address different questions that help ensure its significant understanding. Some of these issues are legal by nature and others refer to more social considerations6. The current UK laws on legal gender recognize the male and female designations of individuals which are required for UK birth certificates7. These designations indicate legal sex and gender. These designations are also founded on sexual or anatomical considerations. A legal precedent in the UK on gender refers to the Corbett v. Corbett case in 1970 where the husband of a transsexual named April asked the courts to nullify their marriage because April was legally a male at

Friday, July 26, 2019

Ben Westcott about the Risks and Challenges Assignment

Ben Westcott about the Risks and Challenges - Assignment Example I believe that irresponsible outsourcing can be detrimental to a company’s reputation. â€Å"Major companies, ranging from Apple to Nike, have suffered a backlash†¦ when it has emerged that their workers are not well treated in some of their supplying companies† (Westcott 2012, 1). Considering that a company’s reputation determines its competitiveness, companies must ensure that they outsource responsibly to circumvent scandals and exploitation. Companies that have outsourced successfully and lived to enjoy its benefits â€Å"†¦work closely with those other companies to ensure that their standards and working conditions are the same high level that they themselves would wish to prevail† (Westcott 2012, 1). Reading through the article, I could easily relate the Dhaka fire incident with a scenario which happened in the early 2000s when Apple was sued after it outsourced to companies that employed underage children to work in its factory. Inconsequential as it might sound, it was an unethical act which cannot be tolerated in the currently highly competitive corporate world and Apple really disappointed its loyal customers and shareholders by outsourcing to such a supplier. Several exceptional lessons stood out from the article. Firstly, outsourcers should build a better relationship with the external contractors. They external contractors, as well as the outsourcers, must understand the demands and expectation of each other. Through this, guidelines and standards will be developed and enforced, an act that furthers innovation and motivation which eventually improves the company’s products and effectiveness. Moreover, the external contractors are on the ground hence are acquainted with the constantly changing customer tastes, needs.

Thursday, July 25, 2019

Consider the taxation of benefits in kind for employees in the UK, Essay

Consider the taxation of benefits in kind for employees in the UK, should benefits in kind be taxed at all To what extent does - Essay Example This monetary value is included in the total earnings of the employee and then taxed accordingly. There has been a debate whether benefits in kind should be taxed or not. Taxing such benefits is essential because employees cannot be allowed to have numerous benefits but low salaries so that they are taxed less. However, the same can prove to be very unfair when an employee is provided with a one-time benefit in kind and he has to pay too much tax as a result. Another problem arises when an employee is provided with a benefit in kind which is clearly of a great value but is not taxed u/s 62 because it cannot be converted into something having monetary value. Valuation can be very tricky for some articles and it can end up relieving the employee of tax liability for the benefit hence giving him an unfair advantage. There have been numerous cases which had to be settled in court due to the confusion of valuation. The courts have a history of deciding theses cases while remaining within the confines of S 62. This section seems inadequate and unfair on occasions where an accommodation can go untaxed but a mere provision of a suit is taxed because one can be valued and the other cannot. In order to be fair, the valuation system is required to be adequate and broader in scope. Another problem is that the benefit code does not apply to lower paid employees. The lower paid employees are defined in such a way that can include those employees who are not actually lower paid. According to S 217(1), a lower paid employee is one who has an earning rate of less than ?8,500. By the inclusion of benefits obtained under the benefit code, many employees, who have the monetary earnings rate of less than ?8,500, do not fall in the definition of lower paid employees. However, when employees hold benefits of great values, which are such that are not convertible to something having a monetary benefit, the employees fall in the definition of lower paid employees and become exempt from the benefits code. This is a huge problem which can only be solved by broadening the scope of S 62 and the valuation system. Section 64 is also of importance as it deals with the relationship between earnings and benefits code. There may be a case that a single benefit is provided to an employee but it gives rise to both an amount treated as earnings and an amount to be treated as earnings under the benefit code. Section 64(2) provides that in such a case, the amount that is constituted as earnings is to be treated as earnings, and only that portion of the second amount is to be treated as earning under the benefits code which exceeds the first amount. This section actually attempts to avoid the double taxation of a benefit if it falls both under S 62 and S 63. It is not a bad idea to tax such benefits in this way but there can be another way that is simpler to understand. Such benefit could also have been taxed entirely under the benefit code system. This would not have brought any changes to the resulting revenue but it would have been a better tax due to its simplicity. The underlying principle of having the benefit code system is very fair. This system is designed to make employees accountable for their perquisites. However, this system has many loopholes which allow avoidance of tax. Also, employees are also open to the danger of paying more tax than the fair amount. As mentioned above, most of the problems are created by the valuation process. Another problem arises in cases of benefits

Wednesday, July 24, 2019

Do the UK opt-out from the Euro and EU enlargement make Britain less Essay

Do the UK opt-out from the Euro and EU enlargement make Britain less attractive for foreign investors - Essay Example Most importantly, the single currency i.e. the Euro is managed by the European Central Bank and is so far adopted by 12 of the 25 member states (Wikipedia, 2006). Initially, the primary purpose of liaison between the European countries was to avoid catastrophes such as the world wars which started in Europe and engulfed the world with time. However, the economic benefits also have to be considered because the European Economic Council and then the European Union have emerged as the world’s single largest developed market with a total population that is over 450 million. It also has the highest GDP i.e. more than six trillion British pounds (Wikipedia, 2006). The EU is certainly not resting on its laurels and is in the process of expanding its member base (27 countries by 2007). This expansion process makes the group more attractive to foreign investors since membership of the group signifies common laws, the advantages of uniform policies in a single market, the relatively free movement of goods and services, unhindered movement of skilled labour with similar employment and social policy between countries. For the financial and industrial sectors, the EU brings free movement of capital, uniform industrial and intellectual property rights, a liberalized energy market and uniform consumer protection policies. As a final step towards the union, European countries are adopting the single currency, Euro. There are numerous benefits of joining the Eurozone as discussed by Huhne (2004), adopting the single currency provides a better deal for consumers owing to competition and would also help in pension income, especially when the risk would be spread around the wider euro maket. UK will be able to focus on real monetary and economic environment instead of using interest rates to maintain over valuation of Pound Sterling. Alignment of interest rates will also lead to

Tuesday, July 23, 2019

Environmental theory Essay Example | Topics and Well Written Essays - 1500 words

Environmental theory - Essay Example ?s otherness’ requires not identifying oneself (or one’s own interests, or indeed humanity or humanity’s interests) with wider nature, and recognizing that wider nature is not merely an extension of human culture (i.e., its material resource). Similarly, liberal ‘political reasonableness’ requires accepting neutrality the level of the justification of principles of justice; one should not expect them to enshrine one’s own conception of the good† (1). With nature considered to be something existent unto itself, it must be considered within the framework of political liberalism. Having presented his argument and attempted to make it clear, the author then moves on to explore what he means more fully regarding ecological justice. This process starts with a more thorough exploration of what it might mean to take a non-instrumental view of nature and how to consider what it would mean to respect nature’s otherness. Essentially, he describes ‘nature as other’ as something â€Å"independent of, or not determined by, the significances attributed to it, and the modifications made to it, within local landscapes† (2). While he acknowledges that this is an imprecise definition, he also makes the case that it is precise enough for the purposes of his argument. To determine what it means to respect nature’s otherness, he then presents what he terms three fundamental truths that must be kept in mind. The first of these is that ideas of ‘awe and humility’ must be given priority over concepts of arrogance and superiority over nature as it simply exists. This suggests that humans should â€Å"maintain a respectful distance† from the idea of nature by avoiding making any express demands on it. This includes making any attempt to put its resources to meeting human consumption demands or to involve it as an object of human adoration. The two additional truths include the No Teleology Thesis and the Autonomy Thesis, each of which assert the concept

Monday, July 22, 2019

Existence of God Argumentative Paper Essay Example for Free

Existence of God Argumentative Paper Essay There are many different types of arguments for the existence of God. With each argument there is a conception presented of God. For each argument there are different approaches. I will be focusing on the Cosmological and Teleological Arguments. Teleological Arguments are known to be arguments from divine, arguing from order in the universe to the existence of God (1).With the ordering of the universe, created by an intelligent being, they hold that it is ordered towards a purpose or an end. The Cosmological Argument â€Å"is the argument that the existence of the world or universe is strong evidence for the existence of a God who created it. It is a first caused argument where the existence of the universe, the argument claims, stands in need of explanation, and the only adequate explanation of its existence is that it was created by God† (1). Behind this argument, it holds that though the universe still needs explanation for its existence, the existence of God Himself does not. In the article McCloskey is critical of these arguments for God’s existence supporting his stance by offering the problem of evil as reasoning to not believe. He believes the belief in the existence of God is not a source of strength and security (2). However, if we are to use the Cumulative Case approach we can have successive truths. This case cumulates the Cosmological, Teleological, as well as, the Moral Arguments together. It gives us the conclusion of a personal, moral, intelligent creator of the universe as the best explanation for the universe we experience (3). McCloskey maintains that the Teleological Argument is not satisfactory and that it can be rejected simply by rejecting its premise. The premise holds that there is in fact evidence of purpose and design. McCloskey says though, that there were many things that were considered evidence or proof, prior to evolution, but those very things are now not being considered as so. Thus, in order to be a proof, there has to be given indisputable examples. Given that the Teleological Argument, presenting disputable examples, says McCloskey, there is no proof. There can be no form of argument with evidence of an intellectual design and/or designer. I would have to argue with McCloskey by using the â€Å"fine-tuning argument.† Within the universe is nothing short of precision, not only of natural laws, but the beginning stages and state of the universe. These both are pointers to an intelligent Creator. The universe is finely-tuned maintaining physical constants of nature (5).The strength of gravity should be considered. With the occurrence of the Big Bang. The gravity had to have precision because even with a little more force used on either side, it would not have occurred as the Big Bang, but the Big Crunch. Even with the slightest change in gravity, it could change the world into something completely other than what we know. That which is being offered as evidenced cannot be questioned. If we were to give to evolution as truth, there is still no grounds for believing it is true. It does nothing but in the end support the theist position, and shows that evolution needs teleology. McCloskey’s main objection to theism is the presence of evil in the world, â€Å"No being who was perfect could have created a world in which there was unavoidable suffering or in which his creatures would(and in fact could have been created so as not to) engage in morally evil acts, acts which very often result in injury to innocent persons† (1). With this problem on McCloskey’s mind, he holds it to the theists. He still wonders how the theist does not take this to mind seeing that it goes against the perfection of the divine purpose. There can be no grounds in a belief of a perfect being. Even if all reason was thrown out, he says the theist at best could only present a pool of beings full of â€Å"concern, dismay, and anxiety, rather than comfort and security† (1). There is a logical problem of evil and there is logical inconsistency when there is both the existence of God and of evil. The atheist holds that there is severe contradiction between claiming God is good, yet evil exists. Mackie, an atheist, says the contradiction does not arise immediately; to show it we need some additional premisesthese additional principles are that good is opposed to evil, in such a way that a good thing always eliminates evil as far as it can, and that there are no limits to what an omnipotent thing can do. From these it follows that a good omnipotent thing eliminates evil completely, and then the propositions that a good omnipotent thing exists, and that evil exists, are incompatible(8). There exists two kinds of evil. There is â€Å"human evil,† and â€Å"natural evil† in which atheist claim are both forms of needless suffering. The logical problem of evil claims the â€Å"tension† between simultaneously having evil in the world, while also having a perfect God. This would without a doubt be a logical contradiction according to the atheist. There is also the evidential problem of evil. With this claim, there is not contradiction, but the fact that evil exists, if give grounding evidence for being able to reject that God is all-powerful. It is a weaker version of the former, and claims that it is highly unlikely that an all-perfect God exists. Plantinga responds with trying to defend that it is reasonable to believe in God, even without evidence. His position is kn own as â€Å"Reformed Epistemology†. In order for his view to hold he would have to reject the Evidentialist Credo., which he claims rests on Classical Foundationalism. This led him to his positive view, or â€Å"Reformed Epistemology.† This holds that a belief in God is â€Å"properly basic.†Some object to these claims, saying that evil is logically required for good and is needed for us to see the good. Evil is a means and will cause good. There is given the â€Å"free will† defense that is meant to try and answer the problem of evil. Either this would come about by humans free will resulting in a greater good and that evil is ascribed the humans and not God. However, those who oppose this, bring up the issue of natural evils. Mackie stands his ground that God should have given human beings free will in such a way that we always chose the good. The atheist propose God did not create men to choose between right and wrong, and that God is morally inconsistent. In response, the free will theodicy attempts to defeat the former by claiming the suffering of the innocent is justified because of the existence of free will. We as humans have misused our free will, thus what is known as ‘moral evil.’ Other sufferings from evil come from the natural evils. While McCloskey challenges the free will defense, Plantinga proposes the law of non-contradiction. He argues for there could be logically possible affairs whereby God would be unable of creating a world of both evil and autonomous humans (9). Evans puts it simply, â€Å"It does not seem to be true that a good being always eliminates evil as far as it can. What is true, perhaps, is that good being always eliminates evil as far as it can without the loss of a greater good or the allowance of a worse evil† (1). McCloskey objects to the cosmological argument claiming, â€Å"mere existence of the world constitutes no reason for believing in such a being†(1). There has been great objection to this however because of the fact of contingent objects. God is the â€Å"first cause,† the one who began it all. Because there is not explanation for contingent beings, if God is a necessary being, He is the necessary cause of the existence of creation and we as beings. God has no cause, otherwise He would not be God. It is the very existence of the world that implies the existence of God. The â€Å"laws of nature† imply the existence of a lawgiver, God. This position was held by Aristotle, holding firmly against the possibility of infinite regress. The argument from contingency suggests that it is possible the universe might not have existed, thus needing explanation of why it does in fact exist. In essence, it must have a cause. This leads to the belief in â€Å"necessary being,â⠂¬  meaning a being that needs no explanation. The temporal cosmological argument holds that the beginning of the universe was either caused or uncaused. However, objectors to this say we cannot actually claim whether the universe â€Å"had to exist.† Also, a â€Å"necessary being† comes into question. The refuters say this line of argument does not give enough explanation of why there could not be more than one cause. There is no ground for putting God as the first cause or prime mover. Time and causality as we know it cannot be grounds for explaining the beginnings of the universe. However, those objecting to McCloskey, hold if there were a being like the universe, then he would exist in time, thus he himself came into existence. But, the ultimate cause must not have come into existence. For it to be an ultimate cause, the ultimate Creator must be outside of time. (10).What McCloskey fails to realize, is that not every argument is going to capture every aspect of God. There are many different arguments that go abo ut doing that. If God does not exist, then all has no hope of immortality. Life, the world, and everything in it is meaningless. There would be no purpose or significance to anyone or anything. This leaves us with no ultimate meaning without immorality and God. Would we be able to say there was any purpose or meaning to someone who lived just to die? To be born just to pass out of existence? Lane says that it is not just each individual person that is headed towards the grave, but the universe itself is headed for extinction. This all in all is hopeless. Dying man, in a dying world. If this is the case, the small details in life do not matter, it does not make a difference. Our behaviors, our choices do not matter. Dotoyevsky said â€Å"If there is no immortality then all things are permitted† (11). Without God, there is no accountability, morality, or sense of right and wrong. Even more so, in a universe without God, good and evil do not exist (11). However, if we were to say there were no God, we would still be without purpose because we would just be accidental. We would just be accidents of chance. The only view that can save the human race from itself is a theistic view (11). The only thing going for an atheist is living with the fact of the absurdity of life. Such a view makes it impossible to live a fulfilling, happy life. For the atheist, absurdity of life and creating meaning for one’s life is a contradiction. A major disadvantage of atheism is that no one has hope or faith for reward of good or and punishment of evil. A believer’s hope is this, Christ. Ephesians 3:11 tells us that God had a purpose I mind before He created. Man within his own voluntary will would be able to love and choose God. Nature alone points to God. Humanity and the universe itself does not have to exist. Both are not self-existent but caused. There is no explanation for their existence. Within a Christian world view, life is not meaningless and pointless ending at the grave. We have hope in the resurrection and of eternal life. God and immortality are both necessary for a meaning full life (11). Bibliography 11- Craig, William Lane. The Absurdity of Life without God. In Reasonable Faith: Christian Truth and Apologetics, by William Lane Craig, 71-90. Wheaton: Crossway Books, 2008. 1-Evans, C. Stephen, and R. Zachary Manis. Philosophy of Religion: Thinking About Faith. Downers Grove: IVP Academic, 2009. 8- Kunkle,Brett. â€Å"The Logical Problem of Evil.† Truth Never Gets Old. April 21, 2009 2- McCloskey, H. J. On Being an Atheist. Question (1968): 63-69. 5- Biologos. â€Å"What is the â€Å"fine-tuning† of the universe, and how does it serve as a â€Å"pointer to God?† 9- http://kevinfannystevenson.blogspot.com/2012/07/on-being-theist-response-to-h-j.html 10- http://www.existence-of-god.com/first-cause-argument.html

Asian Contributions Essay Example for Free

Asian Contributions Essay Many years ago, the laws of the United States prohibited Asian immigrants from entering the country. This law was eventually revoked and in 1952 legislation passed that allows people of all races to become United States Citizens. According to the U.S. Embassy website (n.d.), â€Å"today Asian Americans are one of the fastest growing ethnic groups in the country, currently approximately fifteen million people of Asian descent live in the United States† (para. 2). This paper will examine the influences these growing Asian-American communities have on the social and cultural structure of American society. According to an article by Lam (2009), â€Å"Asian cultures have evolved and fully integrated into the American culture in the twenty-first century to the extent it is often non-Asian Americans who practice and promote Asian cultures† (para. 9). Asian Americans are individuals whose ancestries and backgrounds originate in the Far East and Southeast Asia. Asian American communities and their cultural influences have made their mark on the social and cultural structure of American society. From herbal medicine to acupuncture, the Asian American impact is visible in numerous aspects of American society. Medicine – Herbal medicine and acupuncture are an alternative medicine for pain management that originated in the Asian culture. This along with meditation and India’s yoga as well as herbal massage therapy are viewed as a holistic approach to health and stress management. Exercise – Tai chi chuan as it is known is an ancient Chinese exercise that has been adopted by Americans as a graceful form of exercise. Tai chi as it is known in America focuses on deep breathing and focused movements. This exercise that has been adapted to American societies is also used as a form  of martial arts. Martial Arts – Asian American’s have influenced American societies with the incorporation of martial arts into American culture. From Jiu Jitsu to Judo to Karate or Mixed Martial Arts all are types of defensive training that remains prominent in Asian American communities. Asian cuisine – It is difficult to travel in any part of the United States without encountering some type of Asian cuisine. Some of the most likely restaurants are Chinese, Japanese, Thai, and Vietnamese. This Asian style of cuisine has offered Americans such dishes as fried rice, chow mein, egg rolls and teriyaki. Not to mention that many American homes now have woks as part of their kitchen utensils in order to prepare Asian dishes at home. Religion – While the largest portion of the Asian American population is Christian there are still some members that continue to recognize the religion of their homeland. This religiously diverse ethnic group has contributed to the growth of Hinduism and Buddhism among American societies and cultures. As stated by Lam (2009) â€Å"according to a survey completed in 2003, thirty percent of Americans state they are familiar with the Buddhist teachings and twenty-two percent claim to be acquainted with Hinduism† (para 23). This author is unfamiliar with the concept of Asian American television networks, periodicals or magazines; however it is uncommon to tune into a Saturday morning cartoon network without seeing the Japanese animes dominating these stations. It is the consensus of this essayist that the Asian American communities have in the past throughout their immigration to the United States and will continue to influence the cultural and structural framework of American society. References Lam, A. (2009). From philosophy to food, Asian culture inspires americans. Retrieved: December 21, 2012. From: www.america.gov United States Embassy. (n.d.). Retrieved: December 22, 2012. From: www.usembasy.de/society-asians.htm

Sunday, July 21, 2019

Human rights and indian armed forces in low intensity

Human rights and indian armed forces in low intensity CHAPTER I INTRODUCTION â€Å"A bullet fired by the security forces becomes a massacre by the security forces every act of a terrorist or insurgent is attributed as a colossal failure of security† The quote above describes the situation under which thousands of armed forces personnel, deployed to fight the anti national and anti social elements in low intensity conflict operations in the North Eastern region for over five decades and for two decades in Jammu Kashmir. One of the greatest threats to the future of Indian democracy is terrorism which has almost become a way of life in the North Eastern states. Pakistan has been waging a proxy war in Jammu Kashmir since 1989. She has been infiltrating armed militants and promoting insurgency on a very large scale. Failure of the civil administration to control the situation has led to the deployment of the armed forces in low intensity conflict operations. Though, the security forces have been able to bring the situation under control, at the same time has also brought up the issues of violation of human rights from time to time. The situation at present is that, while there is an increasing and widespread demand for human rights observance of by the security forces operating in low intensity conflict operations environment under Armed Forces Special Powers Act, gross violations of the same by the insurgent, militant and separatist organisations continue unabated. In the recent past the demand for repealing of The Armed Forces Special Powers Act has considerably increased. This act is blamed to be a draconian law which violates the basic rights of human beings guaranteed to them by the various provisions of the constitution and international laws and conventions. Armed Forces Special Powers Act was enacted by the Parliament for the first time in 1958, to deal with certain serious threats to the integrity of the nation from some separatist organisations in some of the North Eastern states.  Ã‚   Under similar conditions this act was promulgated in Punjab in 1980s and in the state of Jammu Kashmir in 1990. Some people and organisations believe that Armed Forces Special Powers Act is the single most factor for the human rights violations.   Certain international organisations have also voiced their opinion in favour of the repeal of this act.   However, it needs an in depth study to ascertain whether Armed Forces Special Powers Act is only causing human rights violations and its repeal will help in reducing the same. METHODOLOGY Statement of the Problem Armed Forces Special Powers Act is perceived to be one of the major reasons for human rights violations in low intensity conflict environment. Repeal of Armed Forces Special Powers Act will help in reduction of human rights violations in these areas. Justification for the Study Internal security environment has been deteriorated in various parts of the country since long due to ongoing low intensity conflict operations in their various forms.   Insurgency, militancy and terrorism are the result of some of the peculiar socio political situations, some of which are also engineered and abetted by our adversaries.   These problems have led to increased involvement of the armed forces to assist the civil administration in maintaining the law and order situation in various parts of the country.   Emergence of media especially electronic media and some human rights organisations have resulted into increased awareness of the human rights in the societies. Human rights reports from time to time have indicated that a number of human rights abuses have taken place despite extensive constitutional and statutory safeguards. Violation of human rights by security forces has also been reported by many organisations. Since a very large number of armed forces are deployed in low intensity conflict operations in various parts of the country, the study of the subject is of great relevance. In such a scenario, it is imperative that all members of the armed forces be aware of the various aspects of human rights so that they are respected at all times and also to avoid allegations of violation of human rights while operating in low intensity conflict operations. Scope The scope of this paper is to study the concept and provision of human rights in International Declarations and Indian Constitution, legal aspects of employment of armed forces in low intensity conflict operations, Armed Forces Special Powers Act, Armed Forces Special Powers Act and human rights violations, recommendations on repeal/review of Armed Forces Special Powers Act and recommended measures to prevent human rights violations in low intensity conflict operations environment. Methods of Data Collection The library of the Defence Services Staff College, precies and handouts issued by the Defence Services Staff College, interaction with some prominent personalities, conduct of opinion poll at Defence Services Staff College and articles from the Internet has been the source of information and data used in this paper.  Ã‚   A bibliography of sources has been appended at the end of the dissertation as Appendix A. Preview It is proposed to study the subject by analysing and evaluating the following aspects:- Origin and concept of human rights. Universal Declaration on Human Rights and provision of human rights in Indian Constitution. Legal aspects of low intensity conflict operations and Armed Forces Special Powers Act. Armed Forces Special Powers Act and human rights violations. Recommendations on repealing of Armed Forces Special Powers Act. Remedial measures to prevent human rights violations. Conclusion. CHAPTER II ORIGIN AND CONCEPT OF HUMAN RIGHTS References of the concept of basic human rights can be found in recorded history and ancient scriptures. In India the concept of human rights can be traced down to the Vedic times. There are many references in Vedas which throw light on the existence of human rights . The Rig Veda refers to three civil rights, the liberty of body (Tana), dwelling house (Skridhi) and life (Jibhasi). The importance of the freedom of the individual in a state and rules of war, one form of human rights has been described in Mahabharata. Artha Shastra elaborates on civil and legal rights first formulated by Manu which also include economic rights. In India, the modern version of human rights jurisprudence has taken birth at the time of British rule. The origin of this ideal lies in the struggle for freedom against the British rulers. Modern historians credit the origin of the concept to Magna Carta 1521 AD. On close examination it would be seen that Magna Carta was a petition urging the King to concede certain rights to particular section of the people. Its contents had neither the universality nor   direct relevance to common mans basic freedom. The term â€Å"Human Rights† was introduced in the United States Declaration of Independence in 1776. The French Resolution in 1789 ushered in the Declaration of Rights of Man and Citizen.   Much later in 1929, the Institute of International Law, New York, USA, prepared a Declaration of Human Rights and Duties.   In 1945, the Inter American Conference passed a resolution seeking the establishment of an international forum for the furtherance of human rights of mankind. The World War II drew the required attention towards human rights.   The atrocities committed on ethnic grounds by the Axis Powers shocked the conscience of the international community.   The United Nations finally proclaimed the Universal Declaration of Human Rights in 1948. Modern human rights can be categorised into three generations of rights. The first generation rights are concerned with the civil and political rights of the individual or the liberty oriented rights. The second-generation rights are those which are security oriented and provide social, economic and cultural securities. Third generation of human rights include the environmental and developmental rights. They are relatively of recent origin. They have evolved in response to various new concerns over which international consensus has emerged in recent years. The concept of human rights is based on equal and inalienable rights of all human beings freedom, justice and peace in the world.   These are sometimes also called fundamental or basic rights.   These are often set out in the constitution of the nation.   All member countries of the United Nations have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms. The concept of human rights would include the following:- Equality and justice for all, elimination of various distinctions between one human being and another anywhere and on any ground whatsoever. No one to be held without any charge or trial. Right to be produced before a magistrate with 24 hours of arrest. Rights to fair and prompt trial. Freedom from torture or ill treatment by any agency Protection from sexual violations. Rights to life and to be treated humanely, no killings, particularly of innocent person and not even inhuman behaviour. Freedom from arbitrary and unlawful coercion. Rights against any or all other excesses. CHAPTER III UNIVERSAL   DECLARATION ON HUMAN RIGHTS AND PROVISION OF   HUMAN RIGHTS IN INDIAN CONSTITUTION The United States defined human rights in a policy document in 1978, which says, â€Å"Freedom from arbitrary arrest and imprisonment, torture, unfair trial, cruel and unusual punishment and invasion of privacy, rights to food, shelter, health care, education, freedom of thought, speech, assembly, religion, press, movement and participation in Government†. The United Nations Organisation in keeping with its charter to promote respect for fundamental freedom and human rights for all without any distinction, came out with an International Bill of Human Rights consisting of the following:- Universal Declaration of Human Rights, 1948. The International Covenant on Civil and Political Rights, 1966. The International Covenant of Economic Social and Cultural Rights, 1966. The Optional Protocol (1966) providing for the right of the individual to petition international agencies. The principle on which the above are based are:- All human beings, without distinction have been brought within the scope of human rights instruments. Equality of application without distinction of race, sex, language or religion. Emphasis on international cooperation for implementation. Provision of Human Rights in Indian Constitution. India is a signatory to the various conventions proclaimed by the United Nations Organisation. The Constitution of India guarantees to every citizen the basic human rights and fundamental freedom and gives due prominence in the form of fundamental rights enumerated in part III of the constitution   and are also embodied as Directive Principles of State Policy   .   The important aspects are:- Right to equality. )Right to freedom. Right against exploitation. )Right to freedom of religion. Cultural and educational rights. Right to constitutional remedies. CHAPTER IV LEGAL ASPECTS OF LOW INTENSITY CONFLICT OPERATIONS AND   ARMED FORCES SPECIAL POWERS ACT General.   The armed forces have been engaged in counter insurgency operations especially in North Eastern states of India since 1958 and in Jammu Kashmir since early nineties.   It is the constitutional responsibility of the army to ensure the integrity of the country both from external aggression as well as internal disturbances when the internal situation becomes serious and gets beyond the capabilities of the civil administration. Legal Provisions. Several legal provisions exist to provide legal powers and protection to the armed forces to execute internal security duties and aid to civil authorities[x]. These provisions are enumerated below:- Armed Forces (Special Powers) Ordinance, 1947. Armed Forces (Special Powers) Act, 1958. Provisions of Criminal Procedure Code (CrPC), 1973, (Section 45) Constitution of India, Article 246 vis a vis the Commission of Inquiry Act, 1952. The Unlawful Activities (Prevention) Act 1967. Indian Arms Act 1959. Indian Penal Code (IPC). The Nagaland Security Regulation, 1962. Armed Forces Special Powers Act Background. To meet the situation arising in certain parts of India on account of the partition of the country in 1947, the Government of India issued four ordinances viz., Bengal Disturbed Areas (Special Powers of Armed Forces) Ordinance, 1947 (Act 11 of 1947), Assam Disturbed Areas (Special Powers of Armed Forces) Ordinance, 1947 (Act 14 of 1947), East Punjab and Delhi Disturbed Areas (Special Powers of Armed Forces) Ordinance, 1947 (Act 17 of 1947) and United Provinces Disturbed Areas (Special Powers of Armed Forces) Ordinance, 1947 (Act 22 of 1947). These ordinances were replaced by the Armed Forces (Special Powers) Act, 1948 being Act 3 of 1948. It was repealed by Act 36 of 1957.    The present act was enacted by the Parliament in 1958 and it was known initially as Armed Forces (Assam and Manipur) Special Powers Act, 1958. The act was preceded by an ordinance called Armed Forces (Assam and Manipur) Special Powers Ordinance, 1958 promulgated by the President of India on 22 May 1958. The act applied to the entire state of Assam and the union territory of Manipur. After the new states of Arunachal Pradesh, Meghalaya, Mizoram, and Nagaland came into being, the act was appropriately adapted to apply to these states in 1972. As originally enacted, the power to declare an area to be a disturbed area was conferred only upon the state governments. By Act 7 of 1972, however, such a power was conferred concurrently upon the Central Government. This act was enacted in the state of Punjab in 1980s and in Jammu Kashmir in 1990.    The Preamble to the act, as amended, reads as Act to enable special powers to be conferred upon members of the armed forces in disturbed areas in the states of xxxxx (as applicable)†. The Act and its Provisions.  Ã‚   The provisions of the act are similar to those of the first passed in 1958.   The basic features of the act are as follows:- Section 1. This section states the name of the act and the areas to which it extends. Section 2. This section sets out the definition of the act. Sub section (a).   the armed forces were defined as Military forces and air forces operating as land forces, and includes any other armed forces of the union so operating.   Sub section (b).   It defines a disturbed area as â€Å"An area which is for the time being declared by notification under section 3 to be a disturbed area†. Sub section (c). It states that all other words and expressions used but not defined in the act will have the meanings assigned to them in the Army Act of 1950 or Air Force Act 1950. Section 3. It grants the power to declare an area disturbed to the Central Government and the governors of the state.  Ã‚   Governor of that state or the administrator of that union territory or the Central Government, as the case may be, may, by notification in the official gazette, declare the whole or such part of such state or union territory to be a disturbed area. Section 4.   It enumerates the special powers of the armed forces, which are deployed in a state or a part of the state to act in aid of civil power. The section reads that any commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area, Sub section (a). If he is of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning as he may consider necessary fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of firearms, ammunition or explosive substances. Sub section (b). If he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortified position or shelter from which armed attacks are made or are likely to be made or are attempted to be made, or any structure used as training camp for armed volunteers or utilised as a hideout by armed gangs or absconders wanted for any offence. Sub section (c). Arrest, without warrant, any person who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence and may use such force as may be necessary to effect the arrest. Sub section (d). Enter and search without warrant any premises to make any such arrest as aforesaid or to recover any person believed to be wrongfully restrained or confined or any property reasonably suspected to be stolen property or any arms, ammunition or explosive substances believed to be unlawfully kept in such premises, and may for that purpose use such force as may be necessary.    Section 5.  Ã‚   This section states that that any person arrested and taken into custody under this act shall be handed over to the officer-in-charge of the nearest police station with least possible delay, together with a report of the circumstances occasioning the arrest. Section 6.   This section confers a protection upon the persons acting under the act. No suit, prosecution or other legal proceeding can be instituted against such person in respect of anything done or purported to be done in exercise of the powers conferred by this act, except with the previous sanction of the Central Government. g.Section 7.Repeal and saving. 7.Dos and Donts for Armed Forces Special Power Act.  Ã‚   Army Headquarters has issued certain Dos and Donts to be followed by the members of the armed forces while operating under Armed Forces Special Powers Act. As per direction of the Supreme Court,   the forces operating under this act shall observe and abide by the following directives in the course of operations under the act:- Dos 8.Actions before Operations.   Ã‚  Ã‚  Ã‚   Act only in areas declared â€Å"Disturbed area† under section 3 of the act.   Ã‚  Ã‚  Ã‚   Power to open to fire using force or arrest is to be exercised under this act only by an officer /junior commissioned officer/ and non commissioned officer Before lunching any raid/search, definite information about the activist to be obtained from the local civil authorities.   Ã‚  Ã‚  Ã‚   As far as possible co-opt representative of local civil administration during the raid. 9.Actions during Operations.   Ã‚  Ã‚   In case of necessity of opening fire and using any force against the suspect or any person acting in contravention to law and order, ascertain first that it is essential for maintenance of public order. Open fire only after due warning.   Ã‚   Arrest only those who have committed cognisable offence or who are about to commit cognisable offence or against whom a reasonable ground exists to prove that they have committed or are about to commit cognisable offence. Ensure that troops under command do not harass innocent people, destroy property of the public or unnecessarily enter into the house/dwelling of people not connected with any unlawful activities. Ensure that women are not searched/arrested without the presence of female police.   Women should be search by female police only. 10.Actions after Operations. After arrest prepare a list of the persons so arrested. Handover the arrested persons to the nearest police station with least possible delay. While handing over to the police a report should accompany with detailed circumstances occasioning the arrest. Every delay in handing over the suspects to the police must be justified and should be reasonable depending upon the place, time of arrest and the terrain in which such person has been arrested. Least possible delay may be 2-3 hours extendable to 24 hours or so depending upon a particular case. After raid/search operations make out a list of all arms, ammunition or other incriminating material/ documents taken into possession. All such arms, ammunition, store etc should be handed over to the police station along with the seizure memorandum. Obtain receipt of persons and arms/ ammunition, stores etc so handed over to the police. Make record of the area where operation is launched, having the date, time and the persons participating in such raids. Make a record of the commander and other officer/ junior commissioned officer/ and non commissioned officer forming part of such force. Ensure medical relief to any person injured during the encounter. If any person dies in the encounter his dead body be handed over immediately to the police along with the details leading to such death. 11.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Dealing with Civil Court.   Ã‚  Ã‚   Direction of the high court/Supreme Court to be promptly attended to.   Ã‚   Whenever summoned by the court, decorum of the court must be maintained and proper respect paid. Answer questions of the court politely and with dignity. Maintain detailed record of the entire operation correctly and explicitly. Donts Do not keep a person under custody for any period longer than the bare necessity for handing over to the nearest police station. Do not use any force after having arrested a person except when he is trying to escape.    Do not use third degree method to extract information or to extract confession or other involvement in unlawful activities. After arrest of a person by the member of the armed forces, the member of the armed forces shall not interrogate him. Do not release the person directly after apprehending on your own. If any person is to be released, he must be released through civil authorities.    Do not tamper with official records. The armed forces shall not take back a person after he is handed over to the civil police. CHAPTER V ARMED FORCES SPECIAL POWERS ACT AND HUMAN RIGHTS VIOLATION Gen Many human rights organisations including United Nations Human Rights Organisation are demanding repeal of Armed Forces Special Powers Act very strongly. They allege this act to be draconian and responsible for major portion of the human rights violations. As per these organisations unprecedented powers have been given to the armed forces under this act, which contravene many of the constitutional provisions and international law standards. They blame that the act is illegal in many respects. Argument Against   Legality of Armed Forces Special Powers Act Various human rights organisations have pointed out many shortcomings of the Armed Forces Special Powers Act and blame it to be illegal. Some of the important aspects are enumerated in succeeding paragraphs. Indian Laws. Several cases challenging the constitutionality of Armed Forces Special Powers Act are pending before the Supreme Court. The following provisions of the Indian laws are alleged to be contravened by this act:- Violation of Right to Life.    Article 21 of the Indian Constitution guarantees the right to life to all citizens of the country. This right is violated by section 4 of this act. Violation of Right of Equality.Article 14 of the Indian Constitution guarantees equality before law. People residing in disturbed areas are denied this right due to provision of section 6 of the act which prevents citizen from filing a suit against the member of armed forces without the sanction of the Central Government. Violation of Protection Against Arrest and Detention. Under section 22 of the Constitution, any person arrested should be informed of the causes for the arrest and also he/she should be produced before a magistrate within 24 hours of arrest. This act violates both these provisions as the armed forces detain people for days and months at times. Preventive Detention Law. If the detention of arrested persons beyond 24 hours is defended on grounds of Preventive Detention Law, it still violates the provision of the law. As per provision of this law any person arrested without a warrant cannot be held for more than three months. Any detention longer than three months has to be reviewed by an advisory board. No such provision has been incorporated in Armed Forces Special Powers Act. The Indian Criminal Procedure Code (CrPC). The Criminal Procedure Code describes the procedures that the police is to follow for arrests, searches and seizures. Armed forces are not trained on these procedures and hence do not follow them. Criminal Procedure Code also advocates use of minimum force to disperse any assembly. No such provisions exist in Armed Forces Special Powers Act. An executive magistrate or a police officer not below the rank of a sub inspector is is authorised to disperse any unlawful assembly. In Armed Forces Special Powers Act every member of the armed forces less a sepoy has been authorised to do the same job. Criminal Procedure Code does not state use of force to disperse an assembly to the extent of causing death unless they are accused of an offence punishable by death. The same provision does not apply to Armed Forces Special Powers Act. Lack of Remedy to the Victim. Section 6 of Armed Forces Special Powers Act violates the provision of section 32(1) of the constitution that state the right to move to the Supreme Court in case any violation of his basic rights guaranteed by the constitution. State of Emergency. Armed Forces Special Powers Act grants the state of emergency powers to the armed forces without declaring a state of emergency as prescribed in the constitution. International Laws. Human rights organisations like United Nations Human Rights Commission claim that Armed Forces Special Powers Act violates the various provisions of United Nations Universal Declaration on Human Rights and many other International Laws. They include violation of the rights of free and equal dignity, non discrimination, life, security, no torture, equality before law, no arbitrary arrests etc. Some of the important aspects of International Laws are given in the succeeding paragraphs:- International Covenant on Civil and Political Rights (ICCPR). As per provisions of International Covenant on Civil and Political Rights some of the rights of the citizens e.g. right to life, prohibition of torture etc remain non derogable   even in case of emergencies. Armed Forces Special Powers Act violates both derogable and non derogable rights. International Covenant on Civil and Political Rights also guarantees that any person who is arrested has the right to know the reason for his arrest. This provision is also violated by the Armed Forces Special Powers Act as no armed forces authorities are obliged to inform the person the reasons for his/her arrest. International Customary Law. The Armed Forces Special Powers Act violates the United Nations Code of Conduct for Law Enforcing Officials in terms of use of force including use of fire arms in addition to the various other provisions which are repetitive of similar provisions in other international laws. Legal Analysis of Armed Forces Special Power Act   In depth analysis of Armed Forces Special Powers Act brings out that the arguments of various human rights organisations on the act being illegal are biased and are misinterpreted. Analysis of the act brings out the following facts:-   Legality of the Act.   Ã‚  Ã‚   Armed Forces Special Powers Act was enacted by the Parliament in 1958 as per the procedures and powers invested on it by the Indian Constitution. Hence this act is absolutely legal. The legality of this act has also been upheld by the Supreme Court in its verdict in the case of Naga Peoples Movement of Human Rights versus Union of India, challenging the legality of the act on 27 November 1997. Misunderstanding of Armed Forces Special Powers Act. A large portion of population does not have a clear understanding of the act. All actions of human rights violation including those by police organisations, assam rifles and other paramilitary forces are also thought to have occurred due to this act. Interpretation of Special Power.The term â€Å"Special Power† in the name of this act is often misunderstood and misinterpreted. There is no special power vested to the armed forces through this act. All provisions of section 4 of this act are vested to the police authorities even in peace time. Police can also arrest a person without a warrant when the person is accused of committing a cognisable offence. History has numerous accounts of k

Saturday, July 20, 2019

Becoming a Pharmacist Essay -- Health Care

Becoming a Pharmacist Besides finding the right partner, many people seek the right career. It is a very important part of our life. In today’s modern world, there is a broad spectrum of opportunities to choose from. The right choice can give us not just a source of a paycheck, but also an opportunity for advancement and academic satisfaction. There are many aspects to consider when deciding about a future career like; benefits, working environment, and opportunities for advancement. Perhaps the most important quality is a feeling of the highest personal accomplishment. The medical field offers many different opportunities, and one of them is a career in pharmacy. The pharmacy field has been evolving for millennia, and it shaped into modern science. The career in the pharmacy requires several years of a extensive study and dedication, but all the hard work is greatly rewarded at the end. The Pharmacy field has a long history. First pharmaceutical rituals were recorded in Egypt 3600 B.C. In Ancient Greece, it was Hippocrates who dismissed the rituals, and started treating diseases with his pharmaceutical preparations. In Rome, Galen was the first the put the drugs in categories based on their action (Wood, p. 220). Arabian pharmacists separated pharmacies from the medicine field between 700 – 1000 A.D. First pharmacy rules were created by the German Emperor Frederick II between 1224-1240. In sixteenth century Swiss physician Theophrastus Bombastus von Hohenheim suggests treating diseases on chemical principle. From this point on, pharmacy was recognized as medicinal chemistry. The revolution of discoveries started in the nineteenth century. The fist drug mill and the fist pill machine were developed. German pharmacist Serturne... ...ers. New York. Paw Prints, 2008. Print. Ganachari, M.S. Shah, P.S.Zalavadia, N.M. Pharmacist: A crucial part of clinical Research. Journal of Pharmacy Research. 2010. Vol.3(3), p.444, Peer Reviewed Journal. Miller, H. â€Å"The FDA Actively Regulates Drug Safety.† The Pharmaceutical Industry. Ed. Carroll, J. Farmington Hills. Greenhaven Press. 2009. p. 75-76. Print. Turning Points in World History Great Medical Discoveries. Ed. Shane, C.J. Farmington Hills. Greenhaven Press. 2004. p. 118-133. UAMS College of Pharmacy. PCAT Prep Program. University of Arkansas for Medical Sciences. n. d. Web. April 4, 2012. University of Florida. Distance-Learning Models. n.d. Web. April 4, 2012 Wood C. A History of Healing Therapies: Western, Eastern, and Alternative Approaches. CHOICE: Current Reviews for Academic Libraries, Oct, 2010, Vol.48(2), p.219-224(11) Essay. April 2, 2012

Friday, July 19, 2019

snozzing goddess :: essays research papers

Snoozing Goddess Once upon a time, there was a husband and wife. When the wife finally gave birth to a beautiful daughter they decided to throw a huge party. They invited their entire family, all their uncles, cousins, nephews, nieces and aunts. Now there were 13 aunts in the family altogether but the husband and queen only invited 12. They forgot about the 13th. End the end their forgetfulness would cost them dearly. It was a magnificent party, the caterers brought loads of delicious food. There was a DJ, magician and clown that entertained everyone. When everyone had finished eating, the aunts gathered around the baby's bassinet and they each made a wish. The princess shall be gorgeous said the first. And happy, said the second. And nice, said the third. And so they went on. The princess was to be smart, and content and precise. And, then, just as the twelfth aunt was about to make her wish, in came the thirteenth. She was angry, because she had not been invited to the party. Here is my wish, she said. "When your daughter is 16 years old, she will prick her finger on a sewing machine and she will die." And with that, the thirteenth aunt left as quickly as she arrived. The twelfth aunt still had her wish, now she couldn’t change the previous aunt’s entire wish, but she was able to change the ending. So the princess will prick her finger but she will not die! She will sleep for a hundred years. The husband and wife thanked the aunt for her kindness but they were not happy. They did not want their daughter to sleep for a hundred years. So they ordered that every sewing machine little or big be chopped up and send to China. Then they thought that the princess was safe. The years passed and the daughter grew up. She was very beautiful and clever at lots of different things. She was, in fact, everything her aunts had wished her to be. On her sixteenth birthday, the princess was exploring the mansion when she came to a little room at the top of a long staircase. In that room was an old woman sitting by a sewing machine. "What are you doing?" asked the princess. "I am spinning," said the old woman, who was really the evil aunt, "would you like to try?