Exam is Not Everything Consideration Essay

Exam is Not Everything Consideration Essay Exam is Not Everything Consideration Essay Sample Exam is Not Everything Consideration Essay Sample From the time immemorial, exams have been used as the main way of assessment. Exams have turned out to be an important segment of human lives. Since I was in the junior school, I have been taking exams. The same case has happened to anyone who has been in the school system. Since exams have been a part of our lives in almost all instances, people have developed a strong mentality that the only way to succeed in life is by passing exams. This mentality has developed in people’s mindsets and since every person wants to succeed in life, they fear exams and take them seriously. The most amazing thing is that the same mentality has developed in the society. Individuals who pass exams are seen as successful, while those who fail are encouraged to work hard. Seriousness that people have during exams raises more rhetoric than answers. I tend to question whether exams measure what they are meant to measure. This kind of thinking provokes me to think otherwise. I argue that exams do not measure what they are intended to measure. I find gaps in the way exams assess individual abilities and skills. I also blame exams as a key contributor to challenges that we have today. There are people who have useful skills, but they cannot be captured by exams and, thus, such skills get wasted (Little). Exams and Alternative Method of Assessment In this paper, I shall extensively argue on proposition that exams should be replaced with an alternative method of assessment. Firstly, I do not believe that exams measure what they are meant to measure. They do not achieve their intended goals. Real intentions of exams are to help a teacher and a student to achieve certain objectives. Exams allow the teacher to assess what students have learned. Such kind of information is very helpful to the teacher since the teacher will realize weak areas that need to be revised. The teacher will be able to engage students and identify the best ways of covering certain areas. If this is done, learning will be exciting and it will remain quality-oriented. Unfortunately, this does not happen. On the one hand, teachers focus on administering exams just because it is mandatory. They never take exams as a way of assessing weak areas so that they can assist students to improve them. If students fail exams, teachers conclude that students are foolish or they never take their class work seriously. The whole issue is forgotten and the teacher continues with the syllabus. Students have no chance to prove their abilities (Morris). Students, on the other hand, end up discouraged since they believe that they are failures. From the above perspective, it can be argued that exams are not beneficial to students or teachers. The same proves the argument that exams should be replaced with alternative methods of assessments. It also proves that exams do not measure what they are intended to measure. Exams are just a cause of trauma to students. I tend to argue that teachers do not even care what they test. They are out to ensure that they have something that they can make grades from. They do not care whether what they test is helpful to students so long as it is an exam (Gnad). Secondly, I totally agree with the notion that exams are a way of assessing student’s performance. However, the question of how accurate exams can evaluate students in terms of their ability and intelligence makes me believe that exams should not be used as a way of assessment. I tend to concur with Albert Einstein’s argument that everyone is a genius and individuals should not be judged using only one method since it may discourage them. In relation to the above case, I argue that we should not judge students’ abilities by exams only. If exams are used as the only way of assessment, it will be impossible to capture abilities and skills that students possess. Their real potential and ability would remain unrealized. Moreover, exams tend to pose a very wrong assumption. Exams assume that a single method can be used in assessing students accurately. Such an assumption is very incorrect. Student population presents a lot of diversities. Students possess different le arning styles; however, exams are inefficient in capturing differences in learning and it calls for different ways of assessing their abilities and potential. The same argument poses another critical question. If teachers clearly understand that students have a lot of differences and they cannot be assessed in the same way, why are exams still used as a way of assessing students’ potential and ability? The same argument justifies the reason there should be different methods of assessing potential of students (Dowling). Thirdly, I believe that exams should be replaced with an alternative method of assessment because exams are more of a mind game than assessment. Exams are aimed at testing whether students can easily recall what has been taught in class. While some students require a lot of time to study and understand, some will read a textbook the day before the exam and pass it, while others who cannot do that fail. Moreover, some students may perform poorly in exams, but they can easily demonstrate what they have learned through presentations and applications (Gnad). However, such capabilities are not captured in exams and such students end up failing. It is thus right to state that exams do not measure individual ability and skills, but rather they test the ability to recall. In the end, a student with the strongest ability to recall and memorize is classified as intelligent. From the above revelations, exams are a way of gambling and it does not test the ability of an individual nor skills that one has. In addition, exams have resulted in a scenario where there are many people who can pass exams, but they cannot be able to translate their learned skills into practice. The same calls for the need of having an alternative way of assessing abilities of students in a more comprehensive way (Dowling). Exams are highly susceptible to teaching. Despite strict penalties that exist, it is eminent that exams are still susceptible to cheating. Students can easily sneak exam materials and cheat in exams. Furthermore, some teachers can easily provide their favored students with questions that appear in exams. The same proves that exams are susceptible to cheating. When such a scenario happens, some students end up having the upper hand and they acquire merit that they do not deserve. Furthermore, computer systems that store exam results before release are also vulnerable to hacking. Such a scenario calls for an alternative method of assessing students. A method that is not susceptible to cheating or hacking need to be put in place (Morris) Exams shift mentality of a student from seeking knowledge to seeking grade. Students do not bother to add more knowledge that is not in the syllabus since they believe that it is useless. Their main intention is to obtain a good grade and not to attain new knowledge. This form of mentality hinders creativity and exploration of new knowledge. It is unfortunate that teachers only encourage students to read past papers so that they can master questions that will appear in exams, but they do not encourage them to get additional knowledge on the topic. This form of mentality is against the main goals of education. Exams only tie up the mind of students to certain principles that are unclear instead of setting them free so that they can explore new knowledge (Gnad). Furthermore, although exams are marked using the same standards, it remains eminent that different examiners may grade the same paper differently. Cases of favoritism are also evident in exams. Students can also coerce teachers to change their marks. These kinds of inefficiencies prove that exams do not measure what they are meant to measure. While I do not advocate for a system that is totally perfect, I believe that inefficiencies presented by exams as a way of an assessment prove that the method is very ineffective. The method needs to be replaced with an alternative method that can capture various aspects in a more comprehensive way (Morris). From the various arguments presented above, it is undisputable that exams need to be replaced with another alternative method of assessing students. Inefficiencies revealed by exams prove that exams cannot assess students fairly. Inconsistencies and inefficiencies prove that exams do not measure what they are intended to measure. End results are students who cannot apply what they have learned in class, but they can pass exams. These students will be irrelevant in the job market since they cannot apply theoretical skills (Little). Nevertheless, opponents paint a different scenario Firstly, they argue that different variables such as intelligence and competence cannot be measured accurately by any method since they are not straightforward. As a result, there is a need for a formal system that will help in measuring such variables so that the education system can remain relevant. There is a need of accessing differences that exist in the levels of knowledge as well as experience. Opponents strongly argue that there is no other method that can test students in an impartial manner like exams. Exams have clear and measurable outcomes and, thus, they are not vague. For this reason, exams should not be replaced with alternative methods of assessing students (Dowling). Secondly, opponents argue that exams are still relevant. They argue that proponents do not appreciate the fact that exams are better off than the lack of any test. According to opponents, although exams are not perfect, they help to some extent. Opponents agree that cheating prevails in exams, but they also reiterate that exams do not cheat. They pose a strong argument that these are prevailing conditions that allow cheating, but the exam does not cheat. Opponents argue that individuals should focus on ways of improving existing conditions so as to ensure that cheating does not prevail instead of doing away with exams. Opponents challenge proponents to accept the hard reality that there is no alternative method that can be perfect and, thus, the focus should be on improving on exams (Morris). In addition, opponents challenge proposed alternatives such as discussions and group works as ways of assessing students. They discredit such alternatives by arguing that cheating also prevails in such methods. Students are more likely to copy from other students in a group work than when they are in the exam since there is supervision. Moreover, group works can promote laziness in one way or the other. Students can take advantage of hard working students and they fail to do their work since they know that they will be graded as a group and they will get equal marks. In case of exams, they are very specific. They gauge individual capacity and, thus, it is possible to get more accurate results than when people are assessed as a group (Dowling). Opponents also believe that exams provide an excellent way of measuring understanding and knowledge. In addition, exams measure the ability of an individual to express him or herself. What an individual writes in an exam is a clear indication of what an individual has learned. If there were no exams, individuals would not even bother working hard since they would hold an assumption that they know everything while that may not be true. Opponents challenge proponents to recognize that without exams education system will be irrelevant (Gnad). In conclusion, I believe that exams should be replaced with an alternative method of assessment. Exams do not provide a fair playing ground. They do not recognize diversity among students. Teachers do not focus on ensuring that exams are useful to students, but they only administer them since they are mandatory. Cheating is prevalent in exams and, thus, the main aim of exams is undermined. It is unfortunate that exams produce students who cannot apply theoretical skills into practice. Students always read so that they can excel in their exams, but they never seek knowledge.

History of American Economic Growth in the 20th Century

History of American Economic Growth in the 20th Century As the American economy matured in the 20th century, the freewheeling business mogul lost luster as an American ideal. The crucial change came with the emergence of the corporation, which appeared first in the railroad industry. Other industries soon followed. Business barons were being replaced by technocrats, high-salaried managers who became the heads of corporations. By the start of the 20th century, the era of the industrialist and the robber baron was coming to a close. It was not so much that these influential and wealthy entrepreneurs (who generally personally owned majority and controlling stakes in their industry) disappeared, but rather that they were replaced with corporations.  The rise of the corporation triggered, in turn, the rise of an organized labor movement that served as a countervailing force to the power and influence of business. The Changing Face of the Early American Corporation The largest early 20th-century corporations were much larger and more complicated than the commercial enterprises that came before. To maintain profitability in a changing economic climate, American companies in industries as diverse as oil refining to whiskey distilling began to emerge in the late 19th century. These new corporations, or trusts, were exploiting a strategy known as horizontal combination, which granted those corporations the ability to limit production in order to raise prices and maintain profitability. But these corporations regularly ran into legal trouble as violations of the Sherman Antitrust Act. Some companies took another route, employing a strategy of vertical integration. Instead of maintaining prices through control of the production supply as in horizontal strategies, vertical strategies relied on obtaining control in all aspects of the supply chain required to produce their product, which gave these corporations more control over their costs. With more control over costs came more stable and protected profitability for the corporation. With the development of these more complicated corporations came the need for new management strategies. Though the highly centralized management of previous eras did not entirely disappear, these new organizations gave rise to more decentralized decision-making through divisions. While still overseen by central leadership, divisional corporate executives would eventually be given more responsibility for business decisions and leadership in their own piece of the corporation. By the 1950s, this multi-divisional organizational structure became the growing norm for large corporations, which generally moved corporations away from reliance on high-profile executives and solidified the fall of the business barons of the past.  Ã‚   The Technological Revolution of the 1980s and 1990s The technological revolution of the 1980s and 1990s,  however, brought a new entrepreneurial culture that echoed the age of tycoons. For instance, Bill Gates, the head of Microsoft, built an immense fortune developing and selling computer software. Gates carved out an empire so profitable that by the late 1990s, his company was taken into court and accused of intimidating rivals and creating a monopoly by the U.S. Justice Departments antitrust division. But Gates also established a charitable foundation that quickly became the largest of its kind. Most American business leaders of today do not lead the high-profile life of Gates. They differ greatly from the tycoons of the past. While they direct the fate of corporations, they also serve on boards of charities and schools. They are concerned about the state of the national economy and Americas relationship with other nations, and they are likely to fly to Washington to confer with government officials. While they undoubtedly influe nce the government, they do not control it - as some tycoons in the Gilded Age believed they did.

Compare and Contrast Antigone and Creon from the play 'Antigone' by Essay

Compare and Contrast Antigone and Creon from the play 'Antigone' by Jean Anouilh - Essay Example Thus Antigone is mainly a play about the perennial human conflict between the thirst for expression and the wrath of the state for defying submission. Although the story of Antigone is part of the Oedipus legend on the curse on the house of Labdacus, like all true literature it transforms itself into our own story, our own curse. The character of Antigone reminds one of Emerson's famous dictum: Trust thyself. Every heart vibrates to that iron spring. Or, more appropriately: To be great is to be misunderstood. She is a sensible, resolute character. Her resolve is her strongest muscle. The decision to bury her brother is not born out of contemplation or debate, but out of sheer self-knowledge that the burial shall be done come what may. The entire play revolves around this fatal decision and how each of the characters respond to it also reveals their own philosophy of life. Antigone's iron will is contrasted with the submissive nature of Ismene, her sister. While Ismene is all obedience to the state and wants to lead a normal life, Antigone is always doubtful of dreadful normalcy. She admires her sister both for her complacency and compliance. She is even jealous of her womanly features that make Ismene fell men. May be it is the combination of fragility and resilience that defines Antigone as a woman of all t imes. Audiences have likened her to Joan of Arc, as another figure of French Resistance. She, like Joan, is alone in her fight against state power. The mix of politics, relationships, morality and religion brings a sense of poignant pathos to her mission. The character of Antigone comes out best in her confrontation with King Creon. This is not a battle of a subject with its ruler. It is a battle of wits between the resourcefulness of a woman and the mediocrity of the state. Creon advises her to be obedient because she too happens to be the daughter of a king. He persuades her to marry, have children and lead a good life. Creon uses several strategies to dissuade Antigone from disobedience. Antigone's arguments born on the premise that she was conceived to love and not to hate disarms the king. Her act of defiance - the burial of her brother who has been declared the enemy of the state - invites punishment of live entombment. She accepts penalty with the same smile that she had when she buried her brother. When her lover too joins her in the tomb she is neither hopeful nor ecstatic. Antigone is the very opposite of the melodramatic heroine. Her death and its aftermath teach us more than any history of proper conduct. King Creon is Antigone's uncle. His main concern is the rule of the state. He does not understand the power of intellectual resistance. There are several instances in the play when he confesses the drudgery of administration and laments how heavily the throne sits on him. There are also streaks of compassion in the king. His pleadings with Antigone and the instinctual shock on hearing the death of his son and the queen are all proofs of the human traits lying dormant in the poor ruler. But the tragedy is that Creon considers his kingship above all and

HISTORY Essay Example | Topics and Well Written Essays - 1000 words - 1

HISTORY - Essay Example He was crowned King of Anshan after the death of his father in 559 BC. He soon started on a series of great achievements that marked his 29-year reign as the greatest in Persian history (Wikipedia.org, 2007). Cyrus’ first great achievement was the conquest of the Median Empire ruled by his maternal grandfather Astyages. Being a vassal kingdom of the Median Empire, Anshan was subject to its feudal lordship policies. Cyrus decided to rebel against Median control. In an armed struggle that lasted 5 years {554 BC to 549 BC}, he finally managed to defeat the Median armies and capture Ecbatana, which marked the end of the Median Empire. Cyrus then united it with Anshan to create the Achaemenid Empire Cyrus’ second great achievement occurred 3 years later when he conquered the Lydian Empire. In 547 BC, Croesus, ruler of the Lydian Empire attacked Pteria, a city of the Achaemenid Empire. Croesus besieged the city, captured its inhabitants and forced them to serve as slaves. Cyrus gathered a large army and marched against the Lydian forces. Many fierce battles were fought, most notably the Battle of Pteria and the Battle of Thymbra. In the latter, acting on the advice of one of his military commanders named Harpagus, Cyrus used a new military plan – he ordered his soldiers to follow behind camels as they marched to fight. The plan was to create panic among the horses rode by the Lydian cavalry who were not used to the smell of camels. The plan worked and the Lydian army was totally defeated, marking Cyrus’ conquest of the Lydian Empire in 546 BC (Wikipedia.org, 2007). Cyrus’ third great achievement was the conquest of Asia Minor 4 years later. It began when Cyrus ordered his military commander named Mazares to pursue a Lydian called Pactyas who had earlier tried to create a rebellion in Sardis {capital of the Lydian Empire} against Cyrus’ rule. Pactyas fled to Ionia where he

The Significance Of The Creatures Speech Essay Example for Free

The Significance Of The Creatures Speech Essay Frankenstein: The Significance of the Creatures Speech. Hideous monster! You wish to eat me and tear me to pieces! You are an ogre. Victor Frankenstein has created life. Out of nothing he has constructed a being that can think for itself, make decisions for itself and sustain itself as if it were any of gods creations. When the creature confronts its maker it clearly presents an autobiographical narration of its life, it is this speech that raises several significant issues. These many issues can best be categorised into three broad areas, the development of the creatures basic capabilities and desires, the acquisition of morals and their further development and finally the duties that a creator has to those upon which it bestows life. A strange multiplicity of sensations seized me, and I saw, felt heard and smelt, at the same time Children rely on the first few years of life to develop their senses and their ability to survive on their own; they are cared for and raised by adults and those that are completely abandoned die. Frankensteins creation, in many ways similar to a new born child, in its age, lack of education and inexperience in the world, is totally abandoned and survives. It is during his speech that this significant issue of self-sustainment, even from birth, is raised. Frankenstein gives life to an inanimate object, this object however, from the first instant of life is capable of thought and well within its first week is able to sustain itself. When the creature gets hungry it finds food and seeks shelter, a most basic instinct, but how far do these instincts go? Does one from birth desire language, and companionship? The creatures speech answers many of these. Frankensteins creations rate of self-education far outstrips a human child who in the same situation would almost certainly perish. (Many Greek, Roman and Jewish stories involve children surviving on their own for certain periods and it is quite possible that Shelley has been influenced by the stories of, Oedipus, Romulus and Moses. Upon awaking in the woods on his second day of existence natural instinct takes over and the creature sets about procuring food and shelter. These are the most basic impulses for a creature and given an infant mind in a very apt, physically capable frame, his story gives a detailed insight to the extent of what knowledge and desires a new being has from birth. Several changes of day and night passed when I began to distinguish my sensations from each other Given no education other then what he can teach himself the creature sets about the task of mental development and survival. On its first night of existence the monster feels cold and damp from night, not understanding what these are it weeps in despair. Without any concept of what pain is other then first hand experience the creature knows nothing of how to end it, only upon the discovery of fire is the pain of cold abated. This important discovery however, as with the discoveries of Victor and the mythological Prometheus, have negative effects, all three tampered with the unknown, and all three suffered. Sweeter then the voice of the thrush or the nightingale Another issue focusing around basic instincts that is raised is the question of what a being is born with and what it acquires during life. The above quote indicates the creature, from the early stages of its life was able to compare and make decisions based upon, two entirely different things. It also soon develops the desire for the mastery of language and writing, which is very symbolic of how mankind for many thousands of years has relied upon writing and speaking to convey thoughts and desires form person to person, generation to generation. The creature also, from the first time it views its reflection refers to itself as hideous, having never been educated in beauty and deformity the creatures statement implies that all self-aware beings are born with a concept of beauty. I learned from the social life which it developed, to admire their virtues and depreciate the vices of mankind.

Plagiarism and the Internet :: Cheating School Education Essays

Plagiarism and the Internet Herman Melville once stated, But it is better to fail in originality than to succeed in imitation. (http://koti.mbnet.fi/neptunia/creativity/origin1.htm 5). Thousands of Americans would assert that Melville was a very wise author, and even more would attest that they too believe that cheating is wrong; why is it then that over a century after his death, our society has become even more intent on plagiarizing the works of others? Frankly, as time has gone on, it has just become incredibly easy for people to plagiarize, especially now when ideas are so easily accessible on the internet. In order to truly understand this unauthorized use of others ¦Ãƒ  hard work, it is important to explore the idea of plagiarism, laws concerning plagiarism, and this new overwhelming abundance of information on the web. Foremost, plagiary is the use of another person or organization ideas, words, or creations without giving credit where it is due. Not only is plagiarism wrong, it is also on the rise. According to a study done in the Free Press in 1996, 58 percent of high school students admitted to having let another person copy their work in 1969, while twenty years later, 98 percent let someone else copy their work (http://www.plagiarism.org/plagiarism_stats.html 4). There is very likely a direct correlation between this outrageous increase and the increase in the availability of information on the web. Many students may even be plagiarists without knowing it! It is extremely easy to become lazy and forget to give credit where it is due by using citations in papers. Very often, students may also feel that they cannot word what an author has already said as well as it was said in the first place; therefore, they choose to just use the original author words without quoting correctl y, sometimes without giving the author any credit at all (http://www.umf.maine.edu/~library/plagiarism/what_is.html 4). Plagiarism is just as huge of a problem in schools as it is in the  ¡Ãƒ real world. ¡ÃƒÅ" Not only is the act of plagiary ethically wrong; it is also considered a very serious academic crime. Everyone knows that it is wrong to steal something from another person, but oftentimes people just don seem to want to lump plagiarism in the same category with other criminal acts.

Bosu Balance Trainer Essay

BOSU has used a few types of competitive advantage`s principles in order to defeat copycat products. BOSU created a new product and locked in customers and buyers by establishing alliances with trainers. BOSU`s marketing strategy created market entry barriers. 2. Information systems played a key role in BOSU`s success. Fitness Quest maintains a database of trainer data. It uses that database for email and postal correspondence as well as for other marketing purposes. Fitness Quest was crucial in the process of BOSU developing a successful marketing strategy. By Fitness Quest database of trainer data, BOSU was able to establish alliances and lock in consumers and buyers. 3. There are many ideas that could be used by Fitness Quest in order to develop its information systems. The main idea would be to help to strengthen ties between customers and between costumers and trainers. Trainers could share ideas about fitness classes for example. There could be also an available chat for customers, so BOSU buyers could participate in chat groups about how they like and use their BOSU trainers. 4. Through trainers, BOSU was able to differentiate. BOSU`s focus was on fitness trainers within the industry. This worked because the trainers believed the BOSU was the best product for giving customer value, which built a relationship between each customer and the product. 5. 1.enhance products and services 2.differentiate products and services 3.lock in customers and trainers 4.raise barrier to market 5.entry and establish alliances 6. There are many differences between BOSU and Indo-Row since those are two completely different products with two different goals. BOSU product focused on balance and Indo-row focused on total work out (it competes with other equipment-based forms of group exercise as Spinning). Indo-row is also more expensive than BOSU and there is no direct competitor since the product is new in the market. The main threat Indo-row and BOSU may face is the possibility of competing with a copycat product in future. 7. It would be already expected from Fitness Quest to send the Indo-row information to trainers and clients by database provided through email and mail. It would be also interesting to provide seminars and training for trainers in order to instruct them how to use the product (so they would be able to teach people how to get the best out of Indo-row). Customers and trainers group chats would be also a good idea, so they would be able to interchange opinions about the product.

Computer Use in Legal Work Essay

Computers have been dominating the workplace these days. In this modern world, companies have become ultimately dependent on computers when it comes to continuous or automatic tasks where humans are no match with when it comes to process time. It completely eliminates the factor of â€Å"human error† and the inherent disadvantages of humans versus computers, such as the need to sleep or rest, the need for variety, etc. Modern technology has enabled data to be sorted, collected and analyzed quickly and perhaps more cost-effectively when compared to hiring a number of people to work on them to collect and analyze the data and then paying them an appropriate level of wages and benefits. Artificial intelligence allows data extraction, sorting and analysis to be tailored to the need of the client, wherein concepts that are identified using deduction processes can be added to their features. These developments are leading to law firms where the majority of staff will be limited to t hose operating the machines alone – not to people doing the gathering, sorting and analyzing of the data. Computer logic has become very much intelligent and has become, at times, more than at par with how humans think. Computers are replacing workers at an alarming pace in many corporations – with the notable exception of tasks needing high levels of creativity. Automation has become both good and bad for the economy. Automation progresses as technology progresses. Applications on computers are replacing the humans who used to do their jobs as computers do those jobs faster – often doing double the work that would be done in 8 hours by a single human being. Economics will be greatly impacted by the changes in technology. Although it may not directly create unemployment since people tend to get more and more creative in finding something to do for work, the advancements in technology will continue to grow. E-discover, an application being used in the legal world, uses both linguistic and sociological logic in order to filter information when users search for information. Ap art from language, the social aspects implied in the searches will be included in the results. Information-sifting has become so sophisticated that applications are already able to identify and deduce human interactions pertaining to events, telephone calls, emails, messages, etc. They are also capable of decoding data used to cloak information being conveyed through these venues. Cataphora, a software that analyzes data, is capable of â€Å"†¦showing who leaked information, who’s influential in the organization or when a sensitive document like an S.E.C. filing is being edited an unusual number of times, or an unusual number of ways, by an unusual type or number of people.† It is also programmed to identify human emotions implied within an e-mail or a call. Detection of shifts in human emotions can mean an alert implying illegal activities. Clearwell, a program from a company in Silicon Valley, analyzes documents by searching for concepts, which simplifies material review in litigation. In an example given by the company, an analysis task that would normall y take an entire work week could be cut down to 3 days using the software. Although computers may seem to have advantages in certain types of analysis tasks, the â€Å"human factor† involved in identifying relevant information still remains in the hands of the person operating the computer. Taking for example the case of Enron, wherein over five million messages had to be processed for the prosecution, Andrew McCallum decided to purchase a copy of the database for $10,000 for the University of Massachusetts and made it available for research, which made a huge impact within the legal community. Although technology has its own limitations as when data need to be audited by a person, it still makes a huge impact in terms of how fast the work is delivered. In terms of accuracy, humans commit errors – hence the term â€Å"human error†. This is what Mr. Herr found when he back-tracked and did analysis on previous jobs to check the difference in results between humans and computers. The 40% difference in accuracy he found in favor of computers leads us to think about companies, corporations and the legal profession as a whole, and the savings from expenses it will have when software as such is used PIL In Indian law, public-interest litigation is litigation for the protection of the public interest. PIL may be introduced in a court of law by the court itself (sumoto), rather than the aggrieved party or another third party. For the exercise of the court’s jurisdiction, it is unnecessary for the victim of the violation of his or her rights to personally approach the court. In PIL, the right to file suit is given to a member of the public by the courts through judicial activism. The member of the public may be a non-governmental organization (NGO), an institution or an individual. The Supreme Court of India, rejecting the criticism of judicial activism, has stated that the judiciary has stepped in to give direction due to executive inaction; laws enacted by Parliament and the state legislatures for the poor since independence have not been properly implemented. Public Interest Litigation Public Interest Litigation as exists today PIL today offers such a paradigm which locates the content of informal justice without the formal legal system. Non Anglo-Saxon jurisdiction directs courts to transcend the traditional judicial function of adjudication and provide remedies for social wrongs. PIL had already molded the state in to the instrument of socio-economic change. Social justice is the byproduct of this transcends from the formal legal system. Evolution of Public Interest Litigation The Indian PIL is the improved version of PIL of U.S.A. According to â€Å"Ford Foundation† of U.S.A., â€Å"Public interest law is the name that has recently been given to efforts that provide legal representation to previously unrepresented groups and interests. Such efforts have been undertaken in the recognition that ordinary marketplace for legal services fails to provide such services to significant segments of the population and to significant interests. Such groups and interests include the proper environmentalists, consumers, racial and ethnic minorities and others†. The emergency period (1975-1977) witnessed colonial nature of the Indian legal system. During emergency state repression and governmental lawlessness was widespread. Thousands of innocent people including political opponents were sent to jails and there was complete deprivation of civil and political rights. The post emergency period provided an occasion for the judges of the Supreme Court to openl y disregard the impediments of Anglo-Saxon procedure in providing access to justice to the poor. Notably two justices of the Supreme Court, Justice V. R. Krishna Iyer and P. N. Bhagwati recognised the possibility of providing access to justice to the poor and the exploited people by relaxing the rules of standing. In the post-emergency period when the political situations had changed, investigative journalism also began to expose gory scenes of governmental lawlessness, repression, custodial violence, drawing attention of lawyers, judges, and social activists. PIL emerged as a result of an informal nexus of pro-active judges, media persons and social activists. This trend shows starke difference between the traditional justice delivery system and the modern informal justice system where the judiciary is performing administrative judicial role. PIL is necessary rejection of laissez faire notions of traditional jurisprudence. The first reported case of PIL in 1979 focused on the inhuman conditions of prisons and under trial prisoners. In Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1360, the PIL was filed by an advocate on the basis of the news item published in the Indian Express, highlighting the plight of thousands of undertrial prisoners languishing in various jails in Bihar. These proceeding led to the release of more than 40, 000 undertrial prisoners. Right to speedy justice emerged as a basic fundamental right which had been denied to these prisoners. The same set pattern was adopted in subsequent cases. In 1981 the case of Anil Yadav v. State of Bihar, AIR 1982 SC 1008, exposed the brutalities of the Police. News paper report revealed that about 33 suspected criminals were blinded by the police in Bihar by putting the acid into their eyes. Through interim orders S. C. directed the State government to bring the blinded men to Delhi for medical treatment. It also ordered speedy prosecution of the guilty policemen. The court also read right to free legal aid as a fundamental right of every accused. Anil Yadav signalled the growth of social activism and investigative litigation. In (Citizen for Democracy v. State of Assam, (1995) 3SCC 743), the S. C. declared that the handcuffs and other fetters shall not be forced upon a prisoner while lodged in jail or while in transport or transit from one jail to another or to the court or back. Concept of PIL According to the jurisprudence of Article 32 of the Constitution of India, â€Å"The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this part is guaranteed†. Ordinarily, only the aggrieved party has the right to seek redress under Article 32. In 1981 Justice P. N. Bhagwati in .S. P. Gupta v. Union of India, 1981 (Supp) SCC 87, articulated the concept of PIL as follows, â€Å"Where a legal wrong or a legal injury is caused to a person or to a determinate class of persons by reason of violation of any constitutional or legal right or any burden is imposed in contravention of any constitutional or legal provision or without authority of law or any such legal wrong or legal injury or illegal burden is threatened and such person or determinate class of persons by reasons of poverty, helplessness or disability or socially or economically disadvantaged position unable to approach the court for relief, any member of public can maintain an application for an appropriate direction, order or writ in the High Court under Article 226 and in case any breach of fundamental rights of such persons or determinate class of persons, in this court under Article 32 seeking judicial redress for the legal wrong or legal injury caused to such pe rson or determinate class of persons.† The rule of locus standi have been relaxed and a person acting bonafide and having sufficient interest in the proceeding of Public Interest Litigation will alone have a locus standi and can approach the court to wipe out violation of fundamental rights and genuine infraction of statutory provisions, but not for personal gain or private profit or political motive or any oblique consideration (Ashok Kumar Pandey v. State of W. B., (2004) 3 SCC 349). Supreme Court in Indian Banks’ Association, Bombay and ors v. M/s Devkala Consultancy Service and Ors., J. T. 2004 (4) SC 587, held that â€Å"In an appropriate case, where the petitioner might have moved a court in her private interest and for redressal of the personal grievance, the court in furtherance of Public Interest may treat it a necessity to enquire into the state of affairs of the subject of litigation in the interest of justice. Thus a private interest case can also be treated as public interest case†. In Guruvayur Devaswom Managing Commit. And Anr. Vs. C.K. Rajan and Ors, J.T. 2003 (7) S.C. 312, S.C. held, â€Å"The Courts exercising their power of judicial review found to its dismay that the poorest of the poor, depraved, the illiterate, the urban and rural unorganized labour sector, women, children, handicapped by ‘ignorance, indigence and illiteracy’ and other down trodden have either no access to justice or had been denied justice. A new branch of proceedings known as ‘Social Interest Litigation’ or ‘Public Interest Litigation’ was evolved with a view to render complete justice to the aforementioned classes of persona. It expanded its wings in course of time. The Courts in pro bono publico granted relief to the inmates of the prisons, provided legal aid, directed speedy trial, maintenance of human dignity and covered several other areas. Representative actions, pro bono publico and test litigations were entertained in keeping with the current accent on justice to the common man and a necessary disincentive to those who wish to by pass the, real issues on the merits by suspect reliance on peripheral procedural shortcomings†¦ Pro bono publico constituted a significant state in the present day judicial system. They, however, provided the dockets with much greater responsibility for rendering the concept of justice available to the disadvantaged sections of the society. Public interest litigation has come to stay and its necessity cannot be overemphasized. The courts evolved a jurisprudence of compassion. Procedural propriety was to move over giving place to substantive concerns of the deprivation of rights. The rule of locus standi was diluted. The Court in place of disinterested and dispassionate adjudicator became active participant in the dispensation of justice†. Aspects of PIL (a) Remedial in Nature Remedial nature of PIL departs from traditional locus standi rules. It indirectly incorporated the principles enshrined in the part IV of the Constitution of India into part III of the Constitution. By riding the aspirations of part IV into part III of the Constitution had changeth the procedural nature of the Indian law into dynamic welfare one. Bandhu Mukti Morcha v. Union of India, Unnikrishnan v. State of A.P., etc were the obvious examples of this change in nature of judiciary. (b) Representative Standing Representative standing can be seen as a creative expansion of the well-accepted standing exception which allows a third party to file a habeas corpus petition on the ground that the injured party cannot approach the court himself. And in this regard the Indian concept of PIL is much broader in relation to the American. PIL is a modified form of class action. (c) Citizen standing The doctrine of citizen standing thus marks a significant expansion of the court’s rule, from protector of individual rights to guardian of the rule of law wherever threatened by official lawlessness. (d) Non-adversarial Litigation In the words of S. C. in People’s Union for Democratic Rights v. Union of India, AIR 1982 S.C. 1473, â€Å"We wish to point out with all the emphasis at our command that public interest litigation†¦is a totally different kind of litigation from the ordinary traditional litigation which is essentially of an adversary character where there is a dispute between two litigating parties, one making claim or seeking relief against the other and that other opposing such claim or resisting such relief†. Non-adversarial litigation has two aspects. 1. Collaborative litigation; and 2. Investigative Litigation Collaborative Litigation: In collaborative litigation the effort is from all the sides. The claimant, the court and the Government or the public official, all are in collaboration here to see that basic human rights become meaningful for the large masses of the people. PIL helps executive to discharge its constitutional obligations. Court assumes three different functions other than that from traditional determination and issuance of a decree. (i). Ombudsman- The court receives citizen complaints and brings the most important ones to the attention of responsible government officials. (ii) Forum – The court provides a forum or place to discuss the public issues at length and providing emergency relief through interim orders. (iii) Mediator – The court comes up with possible compromises. Investigative Litigation: It is investigative litigation because it works on the reports of the Registrar, District Magistrate, comments of experts, newspapers etc. (e) Crucial Aspects The flexibility introduced in the adherence to procedural laws. In Rural Litigation and Entitlement Kendra v. State of U.P.,(1985) 2 SCC 431, court rejected the defense of Res Judicta. Court refused to withdraw the PIL and ordered compensation too. In R.C. Narain v. State of Bihar, court legislated the rules for the welfare of the persons living in the mental asylum. To curtail custodial violence, Supreme Court in Sheela Barse v. State of Maharashtra, issued certain guidelines. Supreme Court has broadened the meaning of Right to live with human dignity available under the Article 21 of the Constitution of India to a greatest extent possible. (f) Relaxation of strict rule of Locus Standi The strict rule of locus standi has been relaxed by way of (a) Representative standing, and (b) Citizen standing. In D.C.Wadhwa v. State of Bihar, AIR 1987 SC 579, S.C. held that a petitioner, a professor of political science who had done substantial research and deeply interested in ensuring proper implementation of the constitutional provisions, challenged the practice followed by the state of Bihar in repromulgating a number of ordinances without getting the approval of the legislature. The court held that the petitioner as a member of public has ‘sufficient interest’ to maintain a petition under Article 32. The rule of locus standi have been relaxed and a person acting bonafide and having sufficient interest in the proceeding of Public Interest Litigation will alone have a locus standi and can approach the court to wipe out violation of fundamental rights and genuine infraction of statutory provisions, but not for personal gain or private profit or political motive or any oblique consideration†¦court has to strike balance between two conflicting interests: (i) nobody should be allowed to indulge in wild and reckless allegations besmirching the character of others; and (ii) avoidance of public mischief and to avoid mischievous petitions seeking to assail, for oblique motives, justifiable executive and the legislature (Ashok Kumar Pandey v. State of W. B., (2004) 3 SCC 349). It is depressing to note that on account of trumpery proceedings initiated before the courts, innumerable days are wasted, which time otherwise could have been spent for the disposal of cases of genuine litigants. Though the Supreme Court spares no efforts in fostering and developing the laudable concept of PIL and extending its ling arm of sympathy to the poor, ignorant, the oppressed and the needy whose fundamental rights are infringed and violated and whose grievances go unnoticed, unrepresented and unheard (Ashok Kumar Pandey v. State of W. B., (2004) 3 SCC 349) . (g) Epistolary Jurisdiction The judicial activism gets its highest bonus when its orders wipe some tears from some eyes. This jurisdiction is somehow different from collective action. Number of PIL cells was open all over India for providing the footing or at least platform to the needy class of the society. Features of PIL Through the mechanism of PIL, the courts seek to protect human rights in the following ways: 1) By creating a new regime of human rights by expanding the meaning of fundamental right to equality, life and personal liberty. In this process, the right to speedy trial, free legal aid, dignity, means and livelihood, education, housing, medical care, clean environment, right against torture, sexual harassment, solitary confinement, bondage and servitude, exploitation and so on emerge as human rights. These new reconceptualised rights provide legal resources to activate the courts for their enforcement through PIL. 2) By democratization of access to justice. This is done by relaxing the traditional rule of locus standi. Any public spirited citizen or social action group can approach the court on behalf of the oppressed classes. Courts attention can be drawn even by writing a letter or sending a telegram. This has been called epistolary jurisdiction. 3) By fashioning new kinds of relief’s under the court’s writ jurisdiction. For example, the court can award interim compensation to the victims of governmental lawlessness. This stands in sharp contrast to the Anglo-Saxon model of adjudication where interim relief is limited to preserving the status quo pending final decision. The grant of compensation in PIL matters does not preclude the aggrieved person from bringing a civil suit for damages. In PIL cases the court can fashion any relief to the victims. 4) By judicial monitoring of State institutions such as jails, women’s protective homes, juvenile homes, mental asylums, and the like. Through judicial invigilation, the court seeks gradual improvement in their management and administration. This has been characterized as creeping jurisdiction in which the court takes over the administration of these institutions for protecting human rights. 5) By devising new techniques of fact-finding. In most of the cases the court has appointed its own socio-legal commissions of inquiry or has deputed its own official for investigation. Sometimes it has taken the help of National Human Rights Commission or Central Bureau of Investigation (CBI) or experts to inquire into human rights violations. This may be called investigative litigation. PIL as an Instrument of Social Change PIL is working as an important instrument of social change. It is working for the welfare of every section of society. It’s the sword of every one used only for taking the justice. The innovation of this legitimate instrument proved beneficial for the developing country like India. PIL has been used as a strategy to combat the atrocities prevailing in society. It’s an institutional initiative towards the welfare of the needy class of the society. In Bandhu Mukti Morcha v. Union of India, S.C. ordered for the release of bonded labourers. In Murli S. Dogra v. Union of India, court banned smoking in public places. In a landmark judgement of Delhi Domestic Working Women’s Forum v. Union of India, (1995) 1 SCC 14, Supreme Court issued guidelines for rehabilitation and compensation for the rape on working women. In Vishaka v. State of Rajasthan Supreme court has laid down exhaustive guidelines for preventing sexual harassment of working women in place of their work. Conclusion It would be appropriate to conclude by quoting Cunningham, â€Å"Indian PIL might rather be a Phoenix: a whole new creative arising out of the ashes of the old order.† PIL represents the first attempt by a developing common law country to break away from legal imperialism perpetuated for centuries. It contests the assumption that the most western the law, the better it must work for economic and social development such law produced in developing states, including India, was the development of under develop men. The shift from legal centralism to legal pluralism was prompted by the disillusionment with formal legal system. In India, however instead of seeking to evolve justice- dispensing mechanism ousted the formal legal system itself through PIL. The change as we have seen, are both substantial and structural. It has radically altered the traditional judicial role so as to enable the court to bring justice within the reach of the common man. Further, it is humbly submitted that PIL is still is in experimental stage. Many deficiencies in handling the kind of litigation are likely to come on the front. But these deficiencies can be removed by innovating better techniques. In essence, the PIL develops a new jurisprudence of the accountability of the state for constitutional and legal violations adversely affecting the interests of the weaker elements in the community. We may end with the hope once expressed by Justice Krishna Iyer, â€Å"The judicial activism gets its highest bonus when its orders wipe some tears from some eyes†. 1.Public Interest Litigation Judiciary, being the sentinel of constitutional statutory rights of citizens has a special role to play in the constitutional scheme. It can review legislation and administrative actions or decisions on the anvil of constitutional law. For the enforcement of fundamental rights one has to move the Supreme Court or the High Courts directly by invoking Writ Jurisdiction of these courts. But the high cost and complicated procedure involved in litigation, however, makes equal access to jurisdiction in mere slogan in respect of millions of destitute and underprivileged masses stricken by poverty, illiteracy and ignorance. The Supreme Court of India, pioneered the Public Interest Litigation (PIL) thereby throwing upon the portals of courts to the common man. Till 1960s and seventies, the concept of litigation in India was still in its rudimentary form and was seen as a private pursuit for the vindication of private vested interests. Litigation in those days consisted mainly of some action initiated and continued by certain individuals, usually, addressing their own grievances/problems. Thus, the initiation and continuance of litigation was the prerogative of the injured person or the aggrieved party. Even this was greatly limited by the resources available with those individuals. There was very little organized efforts or attempts to take up wider issues that affected classes of consumers or the general public at large. However, all these scenario changed during Eighties with the Supreme Court of India led the concept of public interest litigation (PIL). The Supreme Court of India gave all individuals in the country and the newly formed consumer groups or social action groups, an easier access to the law and introduced in their work a broad public interest perspective. Public Interest Litigation has been defined in the Black’s Law Dictionary (6th Edition) as under:- â€Å"Public Interest – Something in which the public, the community at large, has some pecuniary interest, or some interest by which their legal rights or liabilities are affected. It does not mean anything so narrow as mere curiosity, or as the interests of the particular localities, which may be affected by the matters in question. Subjects of Public Interest Litigation. Public Interest Litigation is meant for enforcement of fundamental and other legal rights of the people who are poor, weak, ignorant of legal redressal system or otherwise in a disadvantageous position, due to their social or economic background. Such litigation can be initiated only for redressal of a public injury, enforcement of a public duty or vindicating interest of public nature. It is necessary that the petition is not filed for personal gain or private motive or for other extraneous consideration and is filed bona fide in public interest. The following are the subjects which may be litigated under the head of Public Interest Litigation: (I) The matters of public interest: Generally they include (i) bonded labour matters (ii) matters of neglected children (iii) exploitation of casual labourers and non-payment of wages to them (except in individual cases) (iv) matters of harassment or torture of persons belonging to Scheduled Castes, Scheduled Tribes and Economically Backward Classes, either by co-villagers or by police (v) matters relating to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forests and wild life, (vi) petitions from riot victims and (vii) other matters of public importance. (II) The matters of private nature: They include (i) threat to or harassment of the petitioner by private persons, (ii) seeking enquiry by an agency other than local police, (iii) seeking police protection, (iv) land lordtenant dispute (v) service matters, (vi) admission to medical or engineering colleges, (vii) early hearing of matters pending in High Court and subordinate courts and are not considered matters of public interest. (III) Letter Petitions: Petitions received by post even though not in public interest can be treated as writ petitions if so directed by the Hon’ble Judge nominated for this purpose. Individual petitions complaining harassment or torture or death in jail or by police, complaints of atrocities on women such as harassment for dowry, bride burning, rape, murder and kidnapping, complaints relating to family pensions and complaints of refusal by police to register the case can be registered as writ petitions, if so approved by the concerned Hon’ble Judge. If deemed expedient, a report from the concerned authority is called before placing the matter before the Hon’ble Judge for directions. If so directed by the Hon’ble Judge, the letter is registered as a writ petition and is thereafter listed before the Court for hearing. Procedure for Filing Public Interest Litigation. (a) Filing Public Interest Litigation petition is filed in the same manner, as a writ petition is filed. If a PIL is filed in a High Court, then two (2) copies of the petition have to be filed (for Supreme Court, then (4)+(1)(i.e.5) sets) Also, an advance copy of the petition has to be served on the each respondent, i.e. opposite party, and this proof of service has to be affixed on the petition. (b) The Procedure A Court fee of Rs. 50 , per respondent (i.e. for each number of party, court fees of Rs 50) have to be affixed on the petition. Proceedings, in the PIL commence and carry on in the same manner, as other cases. However, in between the proceedings if the Judge feels that he may appoint the commissioner, to inspect allegations like pollution being caused, trees being cut, sewer problems, etc. After filing of replies, by opposite party, or rejoinder by the petitioner, final hearing takes place, and the judge gives his final decision. Against whom Public Interest Litigation can be filed A Public Interest Litigation can be filed against a State/ Central Govt., Municipal Authorities, and not any private party. The definition of State is the same as given under Article 12 of the Constitution and this includes the Governmental and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. According to Art.12, the term â€Å"State† includes the Government and Parliament of India and the Government and the Legislatures of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. Thus the authorities and instrumentalities specified under Art.12 are – †¢ The Government and Parliament of India †¢ The Government and Legislature of each of the States †¢ All local authorities †¢ Other authorities within the territory of India or under the Government of India. In Electricity Board, Rajasthan v. Mohan Lal, the Supreme Court held that â€Å"other authorities would include all authorities created by the Constitution of India or Statute on whom powers are conferred by law†. However, â€Å"Private party† can be included in the PIL as â€Å"Respondent†, after making concerned state authority, a party. For example- if there is a Private factory in Delhi, which is causing pollution, then people living nearly, or any other person can file a PIL against the Government of Delhi, Pollution Control Board, and against the private factory. However, a PIL cannot be filed against the Private party alone. Aspects of Public Interest Litigation (a) Remedial in Nature: Remedial nature of PIL departs from traditional locus standi rules. It indirectly incorporated the principles enshrined in the part IV of the Constitution of India into part III of the Constitution. By riding the aspirations of part IV into part III of the Constitution had changeth the procedural nature of the Indian law into dynamic welfare one. Bandhu Mukti Morcha v. Union of India, Unnikrishnan v. State of A.P., etc were the obvious examples of this change in nature of judiciary. (b) Representative Standing: Representative standing can be seen as a creative expansion of the well-accepted standing exception which allows a third party to file a habeas corpus petition on the ground that the injured party cannot approach the court himself. And in this regard the Indian concept of PIL is much broader in relation to the American. PIL is a modified form of class action. (c) Citizen standing: The doctrine of citizen standing thus marks a significant expansion of th e court’s rule, from protector of individual rights to guardian of the rule of law wherever threatened by official lawlessness. (d) Non-adversarial Litigation: In the words of Supreme Court in People’s Union for Democratic Rights v. Union of India, â€Å"We wish to point out with all the emphasis at our command that public interest litigation†¦is a totally different kind of litigation from the ordinary traditional litigation which is essentially of an adversary character where there is a dispute between two litigating parties, one making claim or seeking relief against the other and that other opposing such claim or resisting such relief†. Non-adversarial litigation has two aspects: 1. Collaborative litigation: In collaborative litigation the effort is from all the sides. The claimant, the court and the Government or the public official, all are in collaboration here to see that basic human rights become meaningful for the large masses of the people. PIL helps executive to discharge its constitutional obligations. Court assumes three different functions other than that from traditional dete rmination and issuance of a decree. (i). Ombudsman- The court receives citizen complaints and brings the most important ones to the attention of responsible government officials. (ii) Forum – The court provides a forum or place to discuss the public issues at length and providing emergency relief through interim orders. (iii) Mediator – The court comes up with possible compromises. 2. Investigative Litigation: It is investigative litigation because it works on the reports of the Registrar, District Magistrate, comments of experts, newspapers etc. (e) Crucial Aspects: The flexibility introduced in the adherence to procedural laws. In Rural Litigation and Entitlement Kendra v. State of U.P., Supreme Court rejected the defense of Res Judicta. Court refused to withdraw the PIL and ordered compensation too. To curtail custodial violence, Supreme Court in Sheela Barse v. State of Maharashtra, issued certain guidelines. Supreme Court has broadened the meaning of Right to live with human dignity available under the Article 21 of the Constitution of India to a greatest extent possible. (f) Relaxation of strict rule of Locus Standi: The strict rule of locus standi has been relaxed by way of (a) Representative standing, and (b) Citizen standing. In D.C.Wadhwa v. State of Bihar, Supreme Court held that a petitioner, a professor of political science who had done substantial research and deeply interested in ensuring proper implementation of the constitutional provisions, challenged the practice followed by the state of Bihar in repromulgating a number of ordinances without getting the approval of the legislature. The court held that the petitioner as a member of public has ‘sufficient interest’ to maintain a petition under Article 32. The rule of locus standi have been relaxed and a person acting bonafide and having sufficient interest in the proceeding of Public Interest Litigation will alone have a locus standi and can approach the court to wipe out violation of fundamental rights and genuine infraction of statutory provisions, but not for personal gain or private profit or political motive or any oblique consideration†¦court has to strike balance between two conflicting interests: (i) nobody should be allowed to indulge in wild and reckless allegations besmirching the character of others; and (ii) avoidance of public mischief and to avoid mischievous petitions seeking to assail, for oblique motives, justifiable executive and the legislature. It is depressing to note that on account of trumpery proceedings initiated before the courts, innumerable days are wasted, which time otherwise could have been spent for the disposal of cases of genuine litigants. Though the Supreme Court spares no efforts in fostering and developing the laudable concept of PIL and extending its ling arm of sympathy to the poor, ignorant, the oppressed and the needy whose fundamental rights are infringed and violated and whose grievances go unnoticed, unrepresented and unheard. (g) Epistolary Jurisdiction: The judicial activism gets its highest bonus when its orders wipe some tears from some eyes. This jurisdiction is somehow different from collective action. Number of PIL cells was open all over India for providing the footing or at least platform to the needy class of the society. Factors that have contributed to growth of PIL. Among, the numerous factors that have contributed to the growth of PIL in this country, the following deserve special mention: †¢ The character of the Indian Constitution. Unlike Britain, India has a written constitution which through Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy) provides a framework for regulating relations between the state and its citizens and between citizens inter-se. †¢ India has some of the most progressive social legislation to be found anywhere in the world whether it be relating to bonded labor, minimum wages, land ceiling, environmental protection, etc. This has made it easier for the courts to haul up the executive when it is not performing its duties in ensuring the rights of the poor as per the law of the land. †¢ The liberal interpretation of locus standi where any person can apply to the court on behalf of those who are economically or physically unable to come before it has helped. Judges themselves have in some cases initiated suo moto action based on newspaper articles or letters received. †¢ Although social and economic rights given in the Indian Constitution under Part IV are not legally enforceable, courts have creatively read these into fundamental rights thereby making them judicially enforceable. For instance the â€Å"right to life† in Article 21 has been expanded to include right to free legal aid, right to live with dignity, right to education, right to work, freedom from torture, bar fetters and hand cuffing in prisons, etc. †¢ Sensitive judges have constantly innovated on the side of the poor. for instance, in the Bandhua Mukti Morcha case in 1983, the Supreme Court put the burden of proof on the respondent stating it would treat every case of forced labor as a case of bonded labor unless proven otherwise by the employer. Similarly in the Asiad Workers judgment case, Justice P.N. Bhagwati held that anyone getting less than the minimum wage can approach the Supreme Court directly without going through the labor commissioner and lower courts †¢ In PIL cases where the petitioner is not in a position to provide all the necessary evidence, either because it is voluminous or because the parties are weak socially or economically, courts have appointed commissions to collect information on facts and present it before the bench. Mechanism for protection of Human Rights through PIL Features of PIL through the mechanism of PIL, the courts seek to protect human rights in the following ways: 1) By creating a new regime of human rights by expanding the meaning of fundamental right to equality, life and personal liberty. In this process, the right to speedy trial, free legal aid, dignity, means and livelihood, education, housing, medical care, clean environment, right against torture, sexual harassment, solitary confinement, bondage and servitude, exploitation and so on emerge as human rights. These new re-conceptualised rights provide legal resources to activate the courts for their enforcement through PIL. 2) By democratization of access to justice. This is done by relaxing the traditional rule of locus standi. Any public spirited citizen or social action group can approach the court on behalf of the oppressed classes. Courts attention can be drawn even by writing a letter or sending a telegram. This has been called epistolary jurisdiction. 3) By fashioning new kinds of relief’s under the court’s writ jurisdiction. For example, the court can award interim compensation to the victims of governmental lawlessness. This stands in sharp contrast to the Anglo-Saxon model of adjudication where interim relief is limited to preserving the status quo pending final decision. The grant of compensation in PIL matters does not preclude the aggrieved person from bringing a civil suit for damages. In PIL cases the court can fashion any relief to the victims. 4) By judicial monitoring of State institutions such as jails, women’s protective homes, juvenile homes, mental asylums, and the like. Through judicial invigilation, the court seeks gradual improvement in their management and administration. This has been characterized as creeping jurisdiction in which the court takes over the administration of these institutions for protecting human rights. 5) By devising new techniques of fact-finding. In most of the cases the court has appointed its own socio-legal commissions of inquiry or has deputed its own official for investigation. Sometimes it has taken the help of National Human Rights Commission or Central Bureau of Investigation (CBI) or experts to inquire into human rights violations. This may be called investigative litigation. Conclusion Public Interest Litigation is working as an important instrument of social change. It is working for the welfare of every section of society. It’s the sword of every one used only for taking the justice. The innovation of this legitimate instrument proved beneficial for the developing country like India. PIL has been used as a strategy to combat the atrocities prevailing in society. It’s an institutional initiative towards the welfare of the needy class of the society. In Bandhua Mukti Morcha v. Union of India, Supreme Court ordered for the release of bonded labourers. In Murli S. Dogra v. Union of India, the Supreme Court banned smoking in public places. In a landmark judgment of Delhi Domestic Working Women’s Forum v. Union of India, Supreme Court issued guidelines for rehabilitation and compensation for the rape on working women. In Vishaka v. State of Rajasthan, Supreme court has laid down exhaustive guidelines for preventing sexual harassment of working wome n in place of their work It would be appropriate to conclude by quoting Cunningham, â€Å"Indian PIL might rather be a Phoenix: a whole new creative arising out of the ashes of the old order.† PIL represents the first attempt by a developing common law country to break away from legal imperialism perpetuated for centuries. It contests the assumption that the most western the law, the better it must work for economic and social development such law produced in developing states, including India, was the development of under developed men. The shift from legal centralism to legal pluralism was prompted by the disillusionment with formal legal system. In India, however instead of seeking to evolve justice- dispensing mechanism ousted the formal legal system itself through PIL. The change as we have seen, are both substantial and structural. It has radically altered the traditional judicial role so as to enable the court to bring justice within the reach of the common man. Further, it is humbly submitted that PIL is still is in experimental stage. Many deficiencies in handling the kind of litigation are likely to come on the front. But these deficiencies can be removed by innovating better techniques. In essence, the PIL develops a new jurisprudence of the accountability of the state for constitutional and legal violations adversely affecting the interests of the weaker elements in the community. We may end with the hope once expressed by Justice Krishna Iyer, â€Å"The judicial activism gets its highest bonus when its orders wipe some tears from some eyes†

Pride and Pejudice essays

Pride and Pejudice essays In Jane Austen's novel, Pride and Prejudice, she created a realistic family image, by introducing some of the imperfections that many families encounter. The Bennet family, consisting of five daughters, a marriage obsessed mother, and an unhappily married father, contain many of these difficulties. Throughout the love, joy, heartache and pain, which evolved from the series of events the Bennet family encountered, one character in particular, Miss Elizabeth Bennet, viewed her family from another perspective. Elizabeth Bennet, though a very loving and respectable woman, had developed a rather poor opinion of her family: "Had Elizabeth's opinion been all drawn from her own family, she could not have formed a very pleasing picture of conjugal felicity or domestic comfort"(Pg. 209). As the second daughter of her family, Elizabeth had to deal with the many discomforts of being a daughter of five. Though Elizabeth loved her sisters dearly, she found it difficult not to see the differences between them, and in turn, each of their actions contributed to her perspective of her family. One sister in particular, Miss Lydia Bennet, caused Elizabeth the greatest concern. Lydia was a " self-willed and careless"(Pg.189) individual that cared only about men and marriage. As one of the youngest sisters, Lydia felt neglected from the opportunities her eldest sisters received. In turn, Lydia became the flirt of the family, causing embarrassment not only to herself, but as well to her family. When L ydia eloped to London, Elizabeth feared that the source of her behavior was derived from the negative behavior of her parents. Not only did Elizabeth fear for Lydia's sake, she feared as well for her other sister, Catherine, who was under the direct influence of Lydia: "Catherine, weak-spirited, irritable, and completely under Lydia's guidance"(Pg.189). While "supported by their mother's indulgence"(Pg.189), the two "ignorant, ...

Guide to Choosing Part Time Jobs for Students

Guide to Choosing Part Time Jobs for Students Working a part-time job while in college is very common. In fact, 70 percent of college students work part time while completing their degrees. Whether it’s to compensate for rising tuition costs or to supplement your student loan package, if you’re looking for work at the start of the semester, you won’t be the only one. But what kind of job is suitable for a college student to have? Here’s a simple guide to finding a part-time job while in college. Visit College Career Center Nearly all colleges have a student career center to help students look for employment and/or shape their career goals. Look for the resources that your institution offers first to see if anything is a good fit for you. Pick a Place that Supports Your Studies Some businesses love having students to fill in their part-time slots. And some places don’t understand that your main priority is your education. Make sure that they understand that your studies come first and that they can’t expect you to work the night shift the night before exams. Finding a place that can accommodate your class and study schedules is essential to making the work/study arrangement go smoothly. Location On-campus jobs are ideal as you won’t have to waste any time going to and from your job. Whether you’re working as a library assistant or helping one of your professors with their research, on-campus jobs are the perfect option. These days, remote work is becoming more and more popular, so you may be able to land a part-time job without even leaving your dorm room. You might find a job as an essay writer or do web design. If you’re not able to land any on-campus jobs or remote work, make sure you choose a place that’s a reasonable distance from your school. It’s not worth it for you to endure a long commute to and from a part-time job. Look for something closer to your school or home. Does it Pay Enough? You’re probably looking for a job because you need some extra money to get you through to the end of the semester. Make sure that the hours and the pay are enough to meet your needs. If not, you’ll be sacrificing study time for a job that doesn’t even serve its purpose. Plan a budget beforehand to make sure you know how much you’ll need to make so you can decide which jobs are worth taking. Here are some salary negotiation tactics for college students. Hotel/Babysitting Some part-time jobs such as being the desk clerk at a hotel or babysitting involves a lot of free time where you can crack open the books and get some studying in while you’re on the clock. Those types of jobs are ideal for students. Training for Your Career It may be possible for you to work at a place that has to do with your major or future career plans. For example, if you’re studying education, you may find some part-time work at a local school. Or if you’re studying nursing, you might find some work at a health center. These jobs have the added benefit of giving you work experience before you’ve even completed your degree. Low Pressure It’s important that you choose a job that’s not particularly high stress, nor one that wears you out physically or emotionally. You want a job where you can clock out and walk away after your shift is done without it taking a toll on your non-working hours. Prioritize Whatever job you choose, keep in mind that your main focus right now is your education and that the job is secondary. After you graduate, you can focus on your career, but for now, your studies are your main priorities. Make sure this job isn’t taking over your study time.

International Financial analysis of Michael Kors Research Paper

International Financial analysis of Michael Kors - Research Paper Example The company has expandedits portfolio in recent years, it has received several likening to allow it sell other fashion related stuffs.The company has a retail network where it sales its products. The company operates an online platform where its customers can purchase from any part of the world. In this paper, the financial analysis of Michael kor’s firm shall be discussed. It is not always easy to start a fashion design firm. It is a business that takes a lot of time before it picks up. The Michael Kors firm has been rapidly growing over time ever since it was launched 30 years ago. The enterprise has picked up in the international platform. What began as a personal incentive operates in more than 95 countries. The firm has had a good financial fortune from the international stage. The firm’s online platform makes it easier to sell its products with ease. The Michael Kors firm was incorporated\at the end of 2002. It is known as the global luxury company that is producing various fashion designs for many people especially the celebs. The company operates on three basis that is: silencing basis, retailing and wholesale. It also has many global store where its sales its products. The company strives to expend to other parts of the world as soon as a ready market target emerges. The many internal store help the company make a lot of revenue. There are over 2,497 department, 1233 departments are in the other parts of the world. The Michael Kors firm was officially launched in 1981. It was associated with women ware. It was a Michael Kor’s initiative to start the business after dropping out of Fashion institute of technology only 5 months after enrolment. In 1993 the firm experienced bankruptcy, it later came back to feet four years later. A product of lower price was launched to help the firm recover from bankruptcy. The firm was known to be the first-ever producer of lady’s ready

Research Methods Assessment 2007 Essay Example | Topics and Well Written Essays - 2500 words

Research Methods Assessment 2007 - Essay Example The responsibility of the corporate towards maintaining the sustainability of the environment, from which it draws resources, is also well highlighted by this concept. The concept took root when it was considered important to introduce 'ethicism' or ethics into business and business activities, integrating measures for economic and social uplift and environmental sustainability for the benefit of the community and thereby society at large. The concept of corporate social responsibility has attracted much brickbats as well as a great deal of applause since the time it was begun to be introduced as a business policy whereby business houses were to go beyond their legal obligations and take measures with a view to developing the society and sustaining the environment. Advocates of the concept of corporate social responsibility have been of the strong opinion that functioning with the larger vision of the welfare of the community rather than the immediate profits would bring about larger economic benefits for the company in the long run. The critics, however, are of the opinion that the primary essential role of business is to make profits. They opine that social and environmental issues are not the concern of corporations but of the government and other related organizations, and trying to assume these tasks would tend to veer their course away from their ultimate goal of maximum profits, which would, again, unfavourably impact the fundamental functions of the corporation and hence its employees and the community. The concept of corporate social responsibility involves the incorporation of ethical values into the functions and processes of a business, emphasising that economic gains need not necessarily be at the cost of ethics and values, and that non-economic social values can also be nurtured by a business house for the betterment of the community, the society and the environment. Examples are the corporate environmental responsibility measures taken by PricewaterhouseCoopers and Lexmark to minimise environmental pollution caused directly and indirectly by their activities. PricewaterhouseCooper's (2008) efforts towards maintaining environmental sustainability include the reduction of total carbon emissions by buying energy from renewable sources, improving space efficiency so as to consume less amount of power, resorting to energy-saving measures, reducing air miles by upgrading phone and video conferencing facilities, etc. Lexmark (2008) designs its products as well as their packaging so as to cause minimum impact on the environment. They also have a collection program so as to facilitate recycling of the packaging. There are several factors that have evolved over the years and driven the business world to adopt the concept of corporate social responsibility, especially related to environmental issues, as a functional policy. One of the foremost among these is the growing general awareness of the consumers of the serious impact of their increasing consumption on the society and the environment and its depleting resources globally. This has led to their positive lean towards commodities and services that are products of sustainable techniques that least, if at all, impair natural resources.