AFSPA an Alleged Failure - Free Essay Example

Sample details Pages: 15 Words: 4453 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Research paper Did you like this example? 5. AFSPA an Alleged Failure. As per certain sections of the society, The AFSPA has neither solved the insurgency in the North East nor terrorism in J K .Besides it is is disliked by the local public and hence warrants a review. Don’t waste time! Our writers will create an original "AFSPA an Alleged Failure" essay for you Create order In fact, as per critics of the act, the decision to review the act after public agitation speaks of Indian democratic strength, however failure to take this ahead indicates lack of political will. A test of a law is its effectiveness. The AFSPA has failed to deliver and is discriminatory . Its review is hence essential as a democratic country cannot have a law that defends guilty persons with impunity.1 6. Various HR organizations have also repeatedly highlighted many shortcomings of AFSPA Certain important aspects against the act are enumerated in succeeding paragraphs.2 7. Indian Laws and Rights of Citizens.. Several court cases challenging the constitutionality of AFSPA are pending before the Supreme Court. The following provisions of the Indian laws are alleged to be impinged by this act:- (a) Violation of Right to Life. Article 21 of the Constitution guarantees the right to life to citizens of our country. This right has allegedly violated by Section 4 of this act. . (b) Violation of Right of Equality Before Law. Article 14 of the Constitution ensures equality before law. People residing in areas declared as disturbed have been denied this right because of Section 6 of AFSPA which prevent the citizens from filing a suit against any personal of armed forces without prior sanction of Central Government. (c) Violation of Protection Against Arrest . As per Section 22 of our Constitution, any person arrested is to be informed regarding the causes for the arrest and produced before a magistrate within 24 hours . The AFSPA violates these provisions as the armed forces allegedly detain the accused without officially declaring the arrest leading to HR violations. (e) The AFSPA Violates Indian Criminal Procedure Code (CrPC). (i) Use of Minimum Force . The Criminal Procedure Code lays out the procedures that police is to follow for carrying out arrests and searches . CrPC also advocates use of minimum force for dispersing an unlawful assembly. No such provisions exists in any sections of Armed Forces Special Powers Act. (ii) Obsolute Powers to All Ranks less Sepoy. An executive magistrate or police officer not below the rank of a sub inspector is authorised to disperse any unlawful assembly. In Armed Forces Special Powers Act, all members of the armed forces less a sepoy have been vested with such powers. (iii) CrPC does not advocate force to the extent of causing death unless they are accused of an offence punishable by death. The same rule does not pertain to Armed Forces Special Powers Act. (f) Limited Remedy to the Alleged Victim. Section 6 of AFSPA violates Section 32(1) of the constitution that provides the right to move the Supreme Court in case of any violation of basic fundamental rights .Under AFSPA, prior sanction is to obtained from Centre Government before a case can be filed in court. (g) Absolute Powers Without State of Emergency. AFSPA grants likes of emergency powers to the armed forces without declaring a state of emergency un the country which is considered contrary to the constitution. 8. In Contradiction To International Laws. HR organisations including United Nations Human Rights Commission have stated that AFSPA violates the various provisions of United Nations Universal Declaration on Human Rights and other International Laws. They include violation of the rights to free and equal dignity, non discrimination based on creed or religion, right to life, security and equality before law etc. Certain important facets of AFSPA which allegedly violate International Laws are given under:- (a) International Covenant on Civil and Political Rights (ICCPR). Following the ICCPR some of the rights of citizens e.g. right to life, protection against torture etc continue to be non derogable even during state of emergencies. It is alleged that AFSPA outrightly violates both these derogable and non derogable rights. ICCPR also guarantees that a person who is arrested has the rig ht to be aware of the reason for his arrest. This provision has also been violated by the AFSPA as there is no obligation towards informing the person of reasons for arrest. (b) International Customary Law. The AFSPA ,as per UN violates the UN Code of Conduct for Law Enforcing Officials in terms of use of minimum force to the extent of causing death in addition to similar provisions present in most international laws. 9. Views of UN on AFSPA. The UN has also criticised India for continuing with laws including AFSPA which it believes breaches international human rights standards .The United Nations has asked New Delhi to repeal the AFSPA besides raising the issue of alleged disappearance of people in Kashmir. In 2009, the UN Commissioner for Human Rights Navnetham has stated that India should repeal the out dated and colonial-era laws including. These range from laws which provide the SF with excessive emergency powers, including the AFSPA. In 1997, the UN Human Rights Committe e stated that by imposing AFSPA, the government is in fact using emergency powers without following the procedures laid down in the International Covenant of Civil and Political Rights. Again in 2007, the Committee on the Elimination of Racial Discrimination unequivocally urged the government of India to repeal the Act within one year.3 13. A Law thats Past its Use-by Date. If the armed forces are required to be used within the country to deal with insurgencies and other serious internal disturbances, it is reasonable to expect that they should have the right to use force. Hewever, the requirements of democracy and even military discipline make it imperative that the right be exercised at all times and places in a lawful and reasonable manner. Regardless of what specific statutes may authorise, the use of force in both international and municipal law is considered reasonable only when it satisfies the twin tests of necessity and proportionality. It goes without saying that rules governing the use of force are meaningful only when there is some mechanism to ensure compliance. International law is often criticised for the absence of such a mechanism, especially when it comes to disciplining powerful states. But there is no excuse for civilised societies failing to take action when the laws that define what kind of violence is permissible are wilfully violated. The Armed Forces (Special Powers) Act, 1958, which grants soldiers far-reaching powers to arrest and kill, has impunity scripted into it and needs to be reviewed. 14. Prevailing Environment in The Country against AFSPA. A number of rallies, protests, conferences and seminars have been held all over India for discussing the inhuman nature of AFSPA . Student bodies have organized similar protests in every nook and corner of India which led to do something syndrome thereby forcing the govt of India to form the C Upendra Commission to investigate the alleged rape case in Manipur and another AFSPA Review Committee under the chairmanship of Jeevan Reddy (Retd Judge of SC). Many human rights groups operating in India as well as many international organizations like Amnesty International, Asian human rights commission and UN human rights committee have also expressed the genuine desire for repealing the said act or to erase the inhuman clauses which are present.4 15. Jeevan Reddy Commission. Demand for repeal or review of Armed Forces Special Powers Act has been made since long. Various political leaders also have made promises from time to time to review the act. However, no concrete steps were taken in this direction till visit of the Prime Minister to Manipur in November 2004. During this visit the Prime Minister promised to consider the demand of various organisations on the subject. Accordingly a commission was set up by the Central Government on 19 November 2004 to recommend necessary changes in the existing act or to replace the act with a more humane act. The commission was headed by Mr BP Jeevan Reddy, former judge of the Supreme Court with four other members. The commission submitted its report to the Central Government in August 2005. The government is yet to take any decisions on the recommendations made by the commission. Some of the important aspects of the recommendations of the commission are as follows5:- (a) Armed Forces Special Powers Act should be repealed. However army should remain functional as at present. (b) Unlawful Activities (Prevention) Act, 1967 as amended in 2004 should be made the only law to deal with all types of internal security problems including insurgency and terrorism. (c) A chapter should be added to facilitate the employment of armed forces in the existing Unlawful Activities (Prevention) Act, 1967 as amended in 2004. The draft chapter was included in report of the commission compatible to democratic principles.6 Aspects in Favour of AFSPA 14. However ,all aspects of AFSPA need to be studied in detail to arrive at a logical conclusion. The emerging internal security situation, security threats and the concerns of the SF also need to be factored at the operational levels. The issues favouring AFSPA are mentioned in the succeeding paras. 15. AFSPA not Violating Constitution. The various provisions of the AFSPA emanate firmly from within the spirit of the constitution and vision of our founding fathers. Section 3 of the AFSPA clearly lays down that when the conditions in a state are disturbed and dangerous for National Security, then the armed forces are to be used to prevent activities involving terrorist acts directed towards overawing the government as by law established or striking terror in the people or alienating any section of the people or adversely affecting harmony amongst different sections of the people. The promulgation of AFSPA is carried out in such threat like circumstances. It is only when the ordin ary citizen gets overawed that the government decides to promulgate the act in the disturbed area. The verb  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚   striking terror and affecting the harmony needs to be understood in the correct perspective. Should the state permit ordinary citizen to be terrorised and harmony in the country be compromised in the face of blatant misuse of human rights by terrorists and insurgents? Isnt it the duty of the State to maintain harmony amongst the citizens of the state? These are a few questions which the detractors of AFSPA need to answer. 16. Growth of Arbitary Powers a Rhetoric. The rhetoric that AFSPA   grants arbitrary powers to the armed forces to shoot at sight, arrest people as they desire, conduct searches without evidence and demolish structures is totally baseless with an aim to malign the SF. It is pertinent to analyse the rhetoric indulged by the human rights organisations against the Indian Army in the right perspective as given under:- (a) Firstly, certain accusations pertain to the mishandling of situation arising out of assembly of a group of people and consequent violence. The AFSPA in no way prohibits peaceful assembly of people. It is the blatant misuse of such assembly to foment trouble and overawe the state that needs to be addressed. Such gatherings are aimed to manipulate public sentiments by anti-national/social elements to carry out subversive activities. (b) Secondly the cases pertaining to the so- called human rights violations young male members of a house disappearing in Jammu Kashmir, Assamese civilians getting caught in army cross-fire, electric shocks being used as a common torture tool in Punjab, student protestors shot dead by the security forces in the Garo Hills in Meghalaya, civilians abused in the name of counter-insurgency in the border villages of Arunachal Pradesh and other cases need to be seen in the correct perspective. AFSPA Para 4(b) lays down that a competent officer if he is of opinion that it is necessary to do so, may 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 hide-out by armed gangs or absconders wanted for any offence. The contingency quoted in the clause pertaining to the misuse of civil structure for waging war against the state is in no way a warrant for wanton destruction which the human right groups allege against the army. Disappearance of citizens is viewed very seriously and strictest possible disciplinary action against the defaulter is taken swiftly by the Army. (c) As regards the provision of arrest and search powers given under the Act, as per the basic tenets of the Constitution, the arrested persons are handed over to the civil police within a stipulated time-frame. The presence of civil police including women police at all times is also mandato ry during operations. (d) The authority to search without a search warrant has a connotation that has to be understood in the correct perspective. The anti-national elements make use of civilian assets to wage war and create unstable conditions. The need to prevent them from succeeding in their designs requires that the infrastructure support these elements enjoy must be addressed to in a cogent manner. Besides waiting for arrest warrants will delay the launch of swift operations and loose exploitation of fleeting opportunities.7 17. Protection of Soldiers for Actions is in Good Faith and Not For Blanket Immunity. The soldiers and officers of the army have to be protected from prosecution for consequential action taken against insurgents in good faith as part of their operations. Here too, the Act does contain the important caveat that the army personnel can be prosecuted with the Centres sanction, if their actions warrant it. There is, therefore, no blanket immunity from the laws of the land. Over the years, some army personnel have indeed been prosecuted where a prima facie case existed. However, it is also true that due to the exceptional care which all army commanders take when their troops are employed against insurgents, such cases are few and far between. 18. Legal Authority For Army is Mandatory to Fight Terrorism. The army is designed and structured for fighting external enemies of the nation. Consequently, they are not given any police powers. However, when the nation wants the army to conduct counter-insurgency and counter-terrorist operations, then they must be given the legal authority to conduct their operations without the impediment of getting clearances from the higher authorities . If this is not done, they would be unable to function efficiently and defeat the insurgents and terrorists at their own game. It is for this reason that the Act gives the basic four powers to army personnel. These are for enter and search, arrest without w arrant, destroy arms dumps or other fortifications and fire or use force after due warning where possible. Once again, there is a safeguard in the Act, which stipulates that the arrested person(s) will be handed over speedily to the nearest police station.8 19. Disturbed Area Declaration By Political Authority Overrides AFSPA. The law stipulates that AFSPA can be imposed only after the area in question is declared a disturbed area by the state government concerned. Clearly, the Army has no desire to get embroiled in counter-insurgency tasks. However, despite over 50 years of insurgency in our country, the state police as well as the central police forces (CPOs) have not been made capable of tackling insurgency. Consequently, in each case the army has been inducted to carry out counter insurgency/ terrorist operations. If the national leadership tasks the army for conducting such non-military operations, then it is incumbent on the leadership to provide the legal wherewithal to al l army personnel employed on such tasks. Even then, the political leadership retains the power to invoke or withdraw AFSPA and not the Army.9 20. AFSPA a Necessity for National Security and Not Alone The Army. It is often simplistically argued that the security forces need the Act. This is actually quite misleading since the State alone can under a constitutional statute declare an area as disturbed and decide upon the deployment of the central paramilitary or the armed forces. It is invariably seen that the following circumstances drive the employment of the security forces:- (a) Administrative failures have time and again contributed to insurgencies in the past. Once they have erupted, the local functionaries and the police forces have proved inadequate in coping with them. As a result, the states are simply forced to turn to central paramilitary forces or the army for protection of life and property. (b) Having undertaken concerted counterinsurgency operations over time, the affected states have simply failed to make capital out of the peace dividend delivered by the security forces. This has often resulted in their extended presence with no signs at all of return to normalcy. (c) Consequentially, the security forces have a right to seek legal provisions to undertake operations for three fundamental reasons. One, a soldier unlike a policeman is not empowered by the law to use force. Next, while operating in far flung areas, it is simply not possible to requisition the support of magistrates every now and then. Lastly, their employment is an instrument of `last resort` when all other options have been exhausted. (d) There is no gainsaying the fact that political necessity drives deployment of the security forces for internal security duties. The forces are aware that they cannot afford to fail when called upon to safeguard the countrys integrity. Hence, they require the minimum legislation that is essential to ensure efficient utilisation of c ombat capability. This includes safeguards from legal harassment and empowerment of its officers to decide on employment of the minimum force that they consider essential.10 22. Risks of Dilution of AFSPA Even the mere dilution of the Act could have serious repercussions at the operational level it would result in loss of morale and reluctance amongst the security forces to undertake operations fearing litigation, thereby leading to a slow tempo of operations. A frail legal standing would embolden the insurgent/terrorist organizations and their over ground workers (OGWs) to level frivolous allegations resulting in the military leadership appearing more often in courts rather than in leading counter-terrorist operations. The judiciary too is likely to be targeted by the insurgents/terrorists to make them pliant thereby posing an additional security burden. Also, over a period of time judicial standards and rectitude could deteriorate leading to a loss of faith in the system. In th e absence of legal provisions, the state and the soldier would be vulnerable, and in turn fail to provide the security, development and governance needed to prevent the insurgency.11 24. Analysis of AFSPA. An in depth analysis of Armed Forces Special Powers Act brings out that the views of various HR organisations and certain sections of the society on AFSPA being illegal and unconstitutional are biased and misinterpreted. Reasons and justifications of the same are given below:- (a) Legality of the AFSPA. AFSPA was enacted by the Parliament in 1958 as per the procedures and powers vested on the Parliament by the Indian Constitution. Therefore this act is absolutely legal. Its legality has also been upheld by the Honourable Supreme Court in its verdict in the case of Naga Peoples Movement of Human Rights versus Union of India on 27 November 97. (b) Misinterpretation of Special Powers. The use of term Special Power in the name of AFSPA is often misunderstood and misinterprete d. There are actually no arbitrary powers vested to the armed forces through this act. Most provisions of section 4 are already vested with the police even in normal circumstances. Police does also arrest a person without warrant when the person is accused of committing a cognisable offence, particularly under UAPA which is covered in the later part of this paper. (d) Dominance of Civil Authority. Even in an disturbed area, the civil authority is supreme and continues to function. This act does not displace civil power of the state by the armed forces3. The public continue to enjoy all rights and privileges guaranteed to them by the constitution without any hindrance subject to certain security limitations to facilitate conduct of operations by SF. (e) No Violations of Constitutional Rights. The powers conferred under clauses (a) to (d) of Section 4 and Section 5 of the act, are not arbitrary , unreasonable and are not violative of the provisions of Articles 14, 19 or 21 of th e constitution4 as per ruling of the Supreme Court of India. It needs to be understood that armed forces are only called upon to deal with the internal security problems when all other instruments of the civil power including fail in executing their tasks. AFSPA does not empower armed forces to shoot anywhere and anytime. Firing is resorted to for ensuring safety of the citizens or in self defense. (f) Minimum Use of Force. Armed forces are directed to use minimum possible force required for necessary action against persons acting in contravention to the laid down prohibitive laws. This aspect is reflected in the directions of the Supreme Court on the subject and the Army Doctrine on Sub Conventional Warfare. (g) Handing Over of Detainee to Police . Any person arrested by the armed forces are handed over to the nearest police station with least delay to be produced before a magistrate within 24 hours of his arrest, minus the time required for journey from the place of arrest t o the court . The armed forces also lodge an FIR with the police giving the circumstances under which the person was arrested. A medical certificate by a Government Doctor is also deposited with the police. This procedure negates any misuse or discrepancy on the subject including alleged useof force for the period of detention under . (h) Transparency in Search and Seizures. All actions of search and seizure are carried out with due deliberation. The representatives of the police and villagers are involved while conducting any cordon and search operations. A No claim and No damage certificate is also obtained by the armed forces after conduct of such operations from the village head or the representative of the civil administration. If there is any unintended damage, suitable compensation is also provided by the government. In case of any violation of HR by the armed forces, the same is investigated and disciplinary actionis taken against the defaulters. (j) Dos and Donts. A l ist of Dos and Donts and Ten Commandments have has been issued by the Army Headquarters which are to be followed in letter and spirit while operating in insurgency. The guidelines have statutory status and violation of the rules are liable to be tried by law. (k) Constitutional Remedy. It is alleged that all citizens residing in the disturbed area have no constitutional remedy as guaranteed by Section 32 of our constitution. This is not true. The only safeguard provided to the armed forces in AFSPA is that the sanction of the Central Government is required to file a suit against a person who has committed a crime including violation of human rights. If the crime has actually been committed, the Central Government cannot deny sanction as it has to give reasons for its decisions. It must not be forgotten that wherever Armed Forces Special Powers Act has been enacted, the area has been affected by the separatist forces. The safeguard to the armed forces as provided in the section 6 of Armed Forces Special Powers Act is necessary to prevent vindictive approach towards the security forces by the separatist forces. (l) Immunity and Not Impunity to Armed Forces. It is misunderstood or misinterpreted that the members of the armed forces acting under Armed Forces Special Powers Act are provided absolute immunity for all their actions. This is not true. They are provided immunity only for the actions which have been carried out in good faith while performing their duties. No crime can be committed in good faith hence, this act does not provide any protection against any crime or to the criminal. Any actions outside the law are crimes and are dealt with as per provisions of the laws. 25. The analysis of the facts suggests that there is not much of truth in the facts as are tried to be brought out by various human rights organisations. This act as a legal provision is in no way responsible for human rights violations. It is the misinterpretation and misunderstand ing of the act which make some people and organisation to believe that this act is illegal and is responsible for all human rights violations in low intensity conflict environment. In actuality much more human rights are violated by the police forces in terms of torture, unlawful detention, custodial deaths etc. The demands to repeal the Armed Forces Special Powers Act on the grounds of the act being illegal do not stand to any logic. However, there are certain lacunae in the AFSPA as mentioned earlier which need to be addressed. 26. Recent Steps by Government of India. The demand for repeal of the AFSPA has been made by many quarters, including Chief Minister of Jammu and Kashmir Omar Abdullah. Notwithstanding opposition from the Army and faced with reports of fake encounters, the government may go ahead with certain amendments in the Armed Forces Special Powers Act which includes handing over of Army personnel in case of extra-judicial killings to the state authorities. The sec ond Administrative Reforms Committee had suggested to the government replacing of the Act with an amended law which gives the centre the right to deploy the Army or para-military forces in situations involving national security. 12. While of late, Army has been raising issues and even terming AFSPA as a holy book, government sources feel that there was a need to give a fresh look to the act and make it more humane. A draft note has been circulated to the law and defence ministries for their comments as the UPA government continues to strive had to fulfil the assurance made by Prime Minister Manmohan Singh in carrying out a thorough review of the AFSPA and making it more humane. Once a view is firmed up, the amendments would be listed before the Cabinet Committee on Security. 1. B P Jeevan Reddy commission report on review of Armed Forces Special Power Act, 2. B P Jeevan Reddy commission report on review of Armed Forces Special Power Act. 3. Supreme Court of India, on its verdict on the case filed by Naga Peoples Movement of Human Rights versus Union of India on 27 November 1997, Paragraph 3 and 5. 4. Verdict, Supreme Court Naga Peoples case.. 5. In Defence of Human Rights Practiced by Indian Army, Rajiv Rewari, CLASWS, New Delhi.. 6. AFSPA : A Soldiers Perspective by Harinder Singh, IDSA, New Delhi. 7. ibid, para 9. 8. ibid, para 11. 9. UN Asks India to repeal AFSPA, 23 Mar 2009, newsoutlookindia.com. 10. AFSPA 1958 and Jeeven Reddy Committee by Puyan RakeshMeati. 11. Editorial, The Hindu, 09 Sep 2010. 12. AFSAP : Is a Review Necessary, CLAWS, New Delhi. 13. Special Powers for Armed Forces : We need Clarity, not emotion by Lt Gen Vijay Oberai, CLAWS, New Delhyi.

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Everything on the marshes is disrupted by the convict shouting Hold your noise! Dickens uses language that is fierce and terrifying to describe the convict. The negative lexis shows Pips negative feelings towards the convict and because we see that Pip feels scared of the convict we, the audience feel hatred towards him as we have come to care about Pip in the short part of the story that we have already read. We feel this way about the convict right up until Jo sympathises with him saying Poor fellow human creature, we also begin to sympathise when we see Jo acting like this. Dickens fools us by allowing us to believe that the convict is gone for good. We forget about him, we dont think that he is an important part of the story until later on in the novel. Later in the novel we are shocked to find out that ironically, Miss Havisham did not give Pip the great expectations at all, but the convict did. 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The two kids play the game beggar my neighbor when EstellaRead MoreGreat Expectations By Charles Dickens1347 Words   |  6 Pagespoor status of the economy, social mobility does not seem to be occurring at high rates, with the poor getting poorer and rich getting richer. Despite this, social mobility is alive and well, and has been for centuries. In his novel, Great Expectations, Charles Dickens voices the concerns of many that lived in Victorian England during the 19th century by promoting such a desire to live life in a more prosperous social class. One of the most fundamental and reoccurring themes in the novel is that ofRead MoreGreat Expectations By Charles Dickens1426 Words   |  6 Pages Twelve-year-old Charles dickens gets ready for bed after a long day at the blacking house. These Victorian-aged memories will provide him with many ideas for his highly acclaimed novel Great Expectations. Set in 1830 England, Great Expectations is a coming-of-age story about a common innocent boy named Pip and his road to becoming a gentleman through the influence of others. Pip is influenced both positively and negatively by Estella, Herbert, and Magwitch. Estella left a huge impression on PipRead MoreGreat Expectations by Charles Dickens984 Words   |  4 PagesCharles Dickens utilizes his life for inspiration for the protagonist Pip in his novel Great Expectations. They both struggle with their social standing. Dickens loved plays and theatre and therefore incorporated them into Pip’s life. Dickens died happy in the middle class and Pip died happy in the middle class. The connection Dickens makes with his life to Pip’s life is undeniable. If readers understand Dickens and his upbringing then readers can understand how and why he created Pip’s upbringingRead MoreCharles Dickens Great Expectations943 Words   |  4 Pages This is true in many cases but none as much as in Great Expectations. In many ways the narrator/protagonist Pip is Charles Dickens in body and mind. While there are many differences between the story and Charles Dickens life there remains one constant. This constant is the way Pip as the narra tor feels, because these feelings are Dickens s own feelings about the life he lead. Since Great Expectations was written towards end of Charles Dickens life, he was wiser and able to make out the mistakesRead MoreGreat Expectations By Charles Dickens1375 Words   |  6 PagesGreat Expectations by Charles Dickens and The Talented Mr Ripley by Anthony Minghella present similar criticisms of society to a large extent. Both of these texts consider the criticisms of rich social contexts (wealth and status), societal morality (whether a society is good or not. Status [can lead to the wrong people being in a high position i.e. making bad decisions affecting the community/society] Appearance [society appears to be moral/good (if you’re from a higher status) {dickens criticisesRead MoreCharles Dickens Great Expectations1223 Words   |  5 PagesBeloved author Charles Dickens was born on February 7, 1812 in Portsmouth, England. Growing up in a life of poverty, his childhood hardshi ps provided the inspiration to write a myriad of classic novels including his 1861 seminole masterpiece, Great Expectations (â€Å"BBC History - Charles Dickens†). Great Expectations follows the life of an orphan named Pip, who’s perspective of the world is altered when he is attacked by an escaped convict in his parents’ graveyard in the town of Kent. Throughout hisRead MoreGreat Expectations By Charles Dickens924 Words   |  4 Pagesa character driven novel, or a mix of the two. In order for a novel to be character driven, it must revolve more around the characters’ individual thoughts, feelings, and inner struggles, rather than around the quest of the story. Great Expectations, by Charles Dickens, is a character driven novel. While the story does have a plot, it is not contingent upon that plot, but rather is reliant upon its characters and their natures. This is evident from the beginning of the novel. From the opening ofRead MoreCharles Dickens Great Expectations1669 Words   |  7 PagesCharles Dickens He was one of England s greatest authors of the 1800 s, better known as the Victorian era. The various themes and ideas of that time are perfectly showcased in his many novels and short stories, such as Nicholas Nickelby, Great Expectations, Oliver Twist, A Tale of Two Cities, and A Christmas Carol. Much of the inspiration for these works came from the trials and conflicts that he dealt with in his own life. His volumes of fictional writing show the greatRead MoreCharles Dickens Great Expectations1017 Words   |  5 Pagesexperiencer is somewhere else absorbing knowledge of a different setting.This abstract adventure is seized by author Charles Dickens in Great Expectations. Great Expectations is historical fiction giving readers comprehension of the Victorian Era.Upon the reading, readers begin to catch on the intended purpose and its significance. A person who lived during the Victorian Era was Charles Dickens himself.He grew up during a time where differences in social class were to an extreme degree.Dickens went through

Portrayal of Asian-Americans in the Canceled Sitcom, All...

Portrayal of Asian-Americans in the Canceled Sitcom, All American Girl Ever since arriving in this country, Asian-Americans have been misunderstood and discriminated against. Lately things have gotten better, but there are still people trying to further improve their situation. Margaret Cho, a Korean-American, is one of them. In the late 1990s she got her own sitcom, All-American Girl. This was a perfect chance to improve the portrayal of Korean-Americans, and Asian-Americans in general. Positive Aspects â€Å"All American Girl† showed many positive portrayals of Asians in a modern day society in California. The show is the first show in history to have a multi generational Asian cast portraying a Korean family in America. The†¦show more content†¦Even though this show was canceled, it was the first show to have a dominantly Asian cast and hopefully will spark more successful shows like it. Negative Aspects As far as TV shows go, Asian Americans- like most other minorities- have been ridiculously under represented and poorly portrayed. All-American Girl was one show that attempted to change that. The show starred mostly Asian Americans and was one of very few that did not cast them as martial artists or service workers. Some argue that the show didnt do enough to better the portrayal of Asians, and still others argue that it may have even hurt. In either case, this was one of the first times that Asian Americans appeared in force on regular TV programming, and the world- or at least the country- was watching. There are a few problems with this show that detract from the positive elements it does have. One of them is that while the show did show factual representations of Asian-American culture, it made a joke out of them. Its unfortunate, but the show was a sitcom. One of the main problems with her show was that the network didnt know what to do with it. Marin (p. 70) quotes ABCs Entertainment president as saying that they needed to go for a Broad family audience . This greatly limited the subjects the show could cover and the manner in which they could cover them. Because of this audience, a cute neighbor girl has been added whose

Technology is a major problem in society Free Essays

We are living in a generation that we can’t complete our day without using technology, A generation of the beginning of the new world order, That have started to become a major problem in our society and effects the way we live. On the one hand, It makes as unsociable in the real life; Since the beginning of technology, When Computers and video games consoles were invented people started to spent more time in their houses playing virtual games and virtual activities that has started to make them unsociable in the real life and isolated from the outside activities, And that creates new diseases and disorder such as laziness and a loss of personality. Second of all, People Started using technology to chat with their friends and beloved once instead of talking to them personally, and that has started to affect our way to communicate with each other’s. We will write a custom essay sample on Technology is a major problem in society or any similar topic only for you Order Now Furthermore, People has started to use technology for online shopping, Paying the bills, and its good it saves time and effort but there is disadvantages of it, people used to go shopping and meet new people why doing it and now the technology Is taking over. On the second hand, People started to lose their Jobs to machines that will do the work for them; nowadays people have been replaced by machines to the Job for example; the train ticket guy has been replaced for a machine to do the Job, tell then unemployment rate has Increased. Second of all, based on the American police department, machine robbery has been Increased since 1990 till now, because It Is easy to rob. On the other hand, technology has made as over dependent on our gadgets; technology had made as over dependent on our gadgets that we cannot not to check on our smartness every minute, we depend on It In everything for example; Navigation, Alarm, Calculator, Calendar. It Is good to have this technologies but what if the battery died? Or the phone got stolen? People will get lost In their life and will face hard time managing It. Second of all, the more people begin to depend on computers and other forms of technology for everyday existence. This means that when a machine breaks or a computer crashes, humans become almost disabled until the problem Is resolved. This kind of dependency on technology puts people at a distinct disadvantage, because they become less self-reliant. In conclusion, as we have seen above, nothing Is perfect. Everything can be dark or right; positive or negative. It depends on the way we deal with It, depending and using technology every day In our lives can cause a lot of problems as mentioned above, we Just have to find a way to use It less than before and not to depend on It. Technology is a major problem in society By Weeks-Shabby people why doing it and now the technology is taking over. Unemployment rate has increased. Second of all, based on the American police department, machine robbery has been increased since 1990 till now, because it is on our smartness every minute, we depend on it in everything for example; Navigation, Alarm, Calculator, Calendar. It is good to have this technologies but what if the battery died? Or the phone got stolen? People will get lost in their life and will face hard time managing it. Second of all, the more people begin to depend on until the problem is resolved. This kind of dependency on technology puts people at In conclusion, as we have seen above, nothing is perfect. Everything can be dark or bright; positive or negative. It depends on the way we deal with it, depending and using technology every day in our lives can cause a lot of problems as mentioned above, we Just have to find a way to use it less than before and not to depend on it. How to cite Technology is a major problem in society, Essays

Cortisol Levels and Subjective Reporting †MyAssignmenthelp.com

Question: Discuss about the Cortisol Levels and Subjective Reporting. Answer: Introduction The short story titled, UFO in Kushiro, by Haruki Murakami, follows Komura as he goes on a trip to Hokkaido to try and get over his wife leaving him. The thread of the story is derived from the 1995 Kobe earthquake which leads to significant loss of life and property. After the earthquake Komuras wife is glued to the television for five days watching the footage from the earthquake. The relationship between the two is estranged and on the 6th day Komuras wife decides to leave him. His wife leaving devastates him and he decides to take a break from his normal activities. His friend asks him to deliver a parcel to Keiko in Hokkaido and the journey to Hokkaido end up being a journey of self actualization for Komura. According to the letter left by Komuras wife, the main reason as to why she was leaving him was the fact that he had nothing inside and he was only a, chunk of air (Boulter 127). This description of Kumora by his wife serves to indicate that he was not a self actualized man. According to Abraham Maslow, in his book, Motivation and Personality, a self-actualized person shares close relations with those in his immediate environment and also has a feeling of affection and identification towards the whole human race. Maslow indicates that a self-actualized man has fulfilled all the requirements in his hierarchy of needs and as a result he/she is able to share efficiently with others and develop close relationships with them. The ability of self actualized individuals to develop close relationship with others also stems from the fact that they tend to be friendly and kind to almost everyone they interact with making them quite lovable. From the story it is evident that Kumora was unable to develop a close relationship with his wife due to the fact that they were unable to share a sense of belonging and love. The fact that Kumora found it difficult to get over his wife leaving him can be regarded as a sign that he was not a self-actualized man. According to Maslow and Albert Einstein, one of the key attributes of self-actualized individuals is that they do not stick to the familiar and easily embrace change, the ambiguous and the unknown (Maslow 22). They are not shocked or threatened with changes in their lives or what they do not understand; instead they embrace that which they do not understand in an effort to better understand it. The fact that Kumora was also uncomfortable being alone also serves to indicate that he was not a self actualized man In describing the characteristics of a self actualized man, Maslow indicates that self actualized individuals is comfortable being alone and find comfort in solitude (Maslow 27). He states that despite having satisfying relationships with other individuals, self actualized people value solitude as it enables them to think and reflect on their lives (Maslow 30). According to Maslows theory of self actualization a person needs to fulfill five different needs in life to obtain self actualization namely physiological needs, safety, belonging and love needs, esteem needs and finally the obtainment of self actualization (Maslow 31). From the story, it is evident that Kumaro had fulfilled the first need, physiological needs, in the self actualization hierarchy. In the story, it is evident that Kumora used to leave in a state of fear. This is seen when the author indicates that Kumoras state of tension could only dissipate when he was with his wife. It is also evident in the statement that Kumora used to live in a perpetual fear of venereal diseases, the vastness of the universe or death and these fears were only quelled when he was with his wife. However, after his interactions with Shimao, Kumaro realizes that he should stop leaving in a state of fear and starts to embrace his life. Through this realization, it can be argued that the interactions with Shimao enabled Kumaro to attain the second level in the self actualization hierarchy tree which is safety needs. In defining the characteristics of a self-actualized man, Maslow indicates that self- actualized individuals do not leave in fear but instead embrace their life with the aim of making it better. By deciding to stop leaving his life in fear Kumaro overcome the first huddle of self actualization. Kumaros journey to travel to Hokkaido also enabled him to attain the third need, belonging and love, under Maslows hierarchy of needs. According to Maslow, for one to attain self actualization, he/she needs to be able to develop close relationship with other people. The relationship can be based on trust, friendship, acceptance and in some instances intimacy. The fact that the relationship between Kumaro and his wife was estranged indicates that there was little to no love between the two. However, from the story it is evident that through his interactions with Shimao, Kumaro develops a strong and intimate relationship with her. This is seen when the two try to sleep together and through the sexual conversations that they have. The author also indicates that Kumaro felt a sense of belonging when he arrived at Hokkaido and they started to converse with Shimao on different issues. The third need in self actualization model is esteem needs. Maslows indicates that for one to obtain self-actualization, he/she needs to attain a feeling of self accomplishment and prestige. Esteem needs are classified into two categories namely personal esteem (achievement, dignity, independence, mastery) and desire for respect and reputation from other individuals. In the story Kumaro lacks independence from his wife due to the fact that he is only at peace when he is with his wife. It is also evident in the fact that Kumaro is unable to stop thinking about his wife after the wife left him. However, when interacting with Shimao, Kumaro does not think about his wife indicating the obtainment of personal independence. His interactions with Shimao also help him in enhance his personal esteem. This is evident in the fact that he feels confident enough to talk about his sexcapedes with Shimoa. The final step in the self actualization ladder is the actual self actualization itself. This is the stage where the person obtains self-fulfillment and is able to learn more about him/her and be able to answer personal questions that plague him. In the story, Kumaro seeks the answer behind the reason as to why his wife refers to him as a chunk of air. This is evident when Kumaro confides about the note left to him by his wife. Shimao informs Kumaro that the package that he bought contained the something that his wife said he is missing. In the end thanks to the conversation Kumaro is able to understand the emptiness his wife was referring to in her note and thus obtain self actualization. Super Frog Saves Tokyo The short story titled, Super Frog Saves Tokyo, follows Katagari a collections officer for Tokyo Security Trust Bank and Frog as they seek to stop another earthquake that will be bigger than the Kobe earthquake. The story raises major questions regarding the question of reality and the distinction between what is real and what is not. In the story Katagiri attempts to determine whether or not the experiences he is going through are true or not. In the story, the line that exists between imagination and reality is completely blurred making it difficult for Katagiri to distinguish between what is real and what is not. However, it can be concluded that Katagiri was only imagining the entire interaction between him and frog and this paper provides arguments to the same. The term real is used to refer to something that has a physical presence or exists as a fact and not an aspect of imagination. This definition of reality is largely confounded by Katagiris experiences with frog. In his interactions with Katigiris Frog is presented as a physical, corporeal being. This is seen in the introductory section of the paper when Katigiri asks frig to prove if he is a true frog and he does that. However, the fact that Frog is only visible to Katigiri serves to bring into questionthe fact of his reality. This is evident in the story when the author indicates that Katigiri struggles to understand whether his interactions with frog are real or just an aspect of his imagination. He is so conflicted with the affair that he wonders as to whether or not he is able to trust his senses in attempting to understand the ongoing around him. One of the major reasons as to why Katagiris experiences can be said to be as a result of his imagination is the fact that Frog only appears to him. This fact is evident when Frog self-destructs leaving a putrid mess in the storys end. The mess is visible to Katigiri but vanish immediately when the nurse who was attending to Katigiri turns on the switch to enter the room. It is also evident from the fact that there is no other witness who is able to confirm the existence of Frog and his interactions with Katigiri excepts for the Big bear executive who is unnamed and unseen. The fact that no tangible information is provided on the existence of the Big Bear Executive, it is logical to conclude that even the executive was an element of Katigiris imagination. Frog also admits to Katigiri that he travels between the realms of dream and imagination thereby serving to make him unreal. This statement serves to strengthen the fact that Frog is only a figment of Katigiris imagination as something that ascribes to the definition of real cannot be able to travel between the dreams and imagination of a person. This is because dreams and imaginations are intangible and corporeal objects are tangible. The argument that Frog is an element of Katagiris imagination is further supported by the Frogs statements when he informs Katigiri that the battle between him and worm was in the arena of his imagination (Murakami 135). Frog told Katigiri that he traveled with him to the arena where they fought with Worm in his dreams. This is physically impossible as individuals are unable to travel while in their dreams. In a study conducted on the biological process of the human body during sleep, it was revealed that the human body releases a hormone that prevents people from being able to make certain actions in our sleeps (Ghaly, Maand Dale 179). This serves as a form of protection as it prevents people from performing certain mechanical actions that might injure them while they sleep. Based on this it is logical to conclude that it was impossible for Katagiri to physically go with Frog to the battle ground. In his dying statements, the Frog warns Katagiri that he should be cognizant of the fact that what he sees with his eyes may not be necessarily real (Murakami 140). This is the strongest indicator of the fact that Frog was not real but an aspect of Katagiris imagination. It also serves as a major indicator to the fact that nothing in the adventures between Katagiri and super frog was real. Even though Frog can be argued to be a figment of Katagiris imagination, the line between reality and imagination is blurred by the fact that the emotional impact of the story makes it quite complicated to disregard the unreal events. The story has a number of riddles that do not result to true intellectual understanding for the reader or katagiri however, in the end of the story the satisfaction he obtains from his perceived interaction with Frog is evident. Even though the impact there might never have been a threat to Tokyo, the impact that Frog had on Katagiri is tangible and real. Thus given the definition of what is real and not. It can be argued that even though Frog was unreal, the level of satisfaction Katagiri obtained was real. Therefore the story contains both elements of reality and imagination. Work Cited Murakami, Haruki. "Super-frog saves Tokyo."After the quake: Stories(2002): 111-140. Boulter, Jonathan. "Writing guilt: Haruki Murakami and the archives of national mourning."ESC: English Studies in Canada32.1 (2006): 125-145. Maslow, Abraham.Motivation and personality. Vol. 2. New York: Harper Row, 1970. Ghaly, Maurice, and Dale Teplitz. "The biologic effects of grounding the human body during sleep as measured by cortisol levels and subjective reporting of sleep, pain, and stress."Journal of Alternative Complementary Medicine10.5 (2004): 767-776.

International Project Management for Energy Policy- myassignmenthelp

Question: Discuss about theInternational Project Management for Energy Policy. Answer: Introduction The purpose of the report is to analyze the risk management cycle as a guide and describe how the ATA should proceed with each stage of the cycle in order to come up with a sound project risk management plan for this project. The report also describes the stakeholder engagement and management has been described here. The report also analyses project risk plan of working in timor island solar project which is funded by Google. The report precisely states the project risk of the solar project in a new country like Timor island. Finally how risk can be mitigated has been stated in case of ATA project. Discussion The ATA project of solar panel which is being funded by GOOGLE has various risk and to make the project successful it is necessary to analyze the risk management plan and implement it accordingly to make the project feasible and within deadline. It is crucial to take time before the start of the project to analyze the process how stakeholder engagement it will help to ensure community engagement(Tanoto Rohi, 2015). It can not be overlooked that engaging local people of Timor island will help in designing a baseline survey, so in many communities which will be benefited by the solar panels. Interviewing the local people will help in understanding the need of them and how the solar panel will help them to provide electricity to support them for education and work which will certainly improve their livelihood by utilizing the solar panel generated electricity at night time. The baseline survey is important to track the progress of the project and outcomes(Kumara et al., 2017). The tran sportation of the equipments from china or Australia to east timor is also expensive and problematic. It is necessary to co ordinate with the local government in order to import the equipments to Timor and set up the solar panels there(Azid Jokhan, 2013). The project risk can be mitigated by maintaining proper communication with government and quickly resolving the issues faced locally. The government schemes are not robust compared to the companys scheme and this difference is a challenge for the company which will be mitigated with proper communication and coordination between the company and Timor government. Previously the solar panels installed by government were broken down and discharged the batteries quickly by using the solar panels all day for electricity instead of using it in the night time. The major project risk is not being able to incorporate legitimacy in the project because of a foreign company and staffs who are working in Timor. The threat can be controlled by e ngaging the local people who are beneficiaries of the solar project as a part of the team by collecting survey information from them. Judging by the history of east Timor the inhabitants of the country may find a foreign company inappropriate to work and tell people what to do. This can be solved by seeking help from local organizations who will be instructing their fellow countrymen for the tasks those have to be done by them. As the external organization that comes to the country with the money to do the project, automatically there are power issues at play there. The power issue can be resolved by employing Timorese people and give them authorization to take some decisions. The local organizations have experience of working in sanitation and water projects and they can utilize the resources well. They already knew what kind of things worked really well with committees and managing money. Because this is the other crucial thing in Timor as well, is the concept of communities manag ing large sums of money, that's quite a new concept and it's also quite high risk. So the local partner organizations who have worked with them previously and with the communities on managing water they knew how the things tended to work efficiently in Timor(Scholes Duffy, 2017). They are also aware about the pitfalls so employing them will reduce the risk from local community dissatisfaction or any decision that can lead to failure of project. The communication barrier is also a major drawback but the local organisation that ATA have on board now, they can just pick up on those nuances, that even if we understood the language directly translated, there's just certain things about the culture and the values that they will be able to understand and pick up on and address those concerns that may not be expressed directly(Dornan Shah, 2016). Employee satisfaction can be ensured by understanding the problems of the Timorese people through the Timorese people of partner organization. T imor as being a developing country carries on a tradition of indirect communication which makes it difficult for the foreign companies to get the nuisance. So understanding the problems at local level is important to control the threat. The procurement is somewhat challenging in East Timor as it is impossible to use local suppliers. The local companies can not be supported by ATA in this case. When it comes to the actual materials and equipment that are needed to make these solar systems which are installed on people's homes, ATA actually can't use a Timorese organisation in that case. Conclusion It can be concluded from the report that the ATA company can mitigate the project risks by suitable planning and employing local organizations for executing some tasks and employ Timorese people to instruct Timorese staffs working for the company. This will in large scale help the organization to successfully implement the project. The risks are controllable by using proper planning to manage the project. Reference Azid, S. I., Jokhan, A. (2013). Mapping of organisations involved in energy research activities in the Pacific Island region, their research projects, budgets and research gaps. InClimate-Smart Technologies(pp. 89-96). Springer, Berlin, Heidelberg. Dornan, M., Shah, K. U. (2016). Energy policy, aid, and the development of renewable energy resources in Small Island Developing States.Energy Policy,98, 759-767. Kumara, I. N. S., Ashari, M., Sampeallo, A. S., Pawitra, A. A. G. A. (2017). Simulated Energy Production and Performance Ratio of 5 MW Grid-Connected Photovoltaic under Tropical Savannah Climate in Kupang Timor Island of Indonesia.International Journal of Engineering and Technology,7(2), 117-129. Scholes, C. A., Duffy, B. (2017). Sun, wind and fire: Renewable energy in the Pacific.AQ-Australian Quarterly,88(4), 32. Tanoto, Y., Rohi, D. (2015). Energy and Environment Implications of Long-Term Power Development Involving Renewable Energy: a Case of Timor Island, Indonesia. InApplied Mechanics and Materials(Vol. 815, pp. 444-448). Trans Tech Publications.