Saturday, November 30, 2019
The Relation Between Abuse Neglect And Delinquency Essay Example For Students
The Relation Between Abuse Neglect And Delinquency Essay The Relation between Abuse, NeglectAndDelinquencyABSTRACTThis research paper is to make known the problems of maltreatment, and the affects the individual is made to deal with. This needs to be taken into account when there is a delinquent act performed. This is not an excuse that should be used for all delinquent acts though. Parents need to realize, they brought this child into the world and now it is there duty to raise them with proper values and morals. The child needs to be looked after, making sure there is no unnecessary harm being done to him/her. I believe that maltreatment does influence an adolescent in becoming a delinquent. The individual learns that this is acceptable behavior from the people that have the most influence in their lives. Once they realize that this is not a tolerated behavior they tend to act out in all sorts of forms, upon themselves and others. They now hold no fear in defying society. We will write a custom essay on The Relation Between Abuse Neglect And Delinquency specifically for you for only $16.38 $13.9/page Order now I am gathering some of my data from my own experiences (and others soon to follow) from the Perkins School (Lancaster). This school is a home for the time being for abused children and adolescents. They try to teach the individuals how society works and what is accepted and behavior adjustments. This school does not try to cure them, but to help them understand and deal with their difficulties. The remaining part of my research came from journal articles and books. In my findings, I am implying that maltreatment affects a child a great deal, most likely for a severe amount of ones life. The emotions that are built up in the child are going to cause outbursts of anger, confusion, anxiety, hostility and distrust. Depending upon the intensity and the length the maltreatment occurs for assists in explaining the consequences the individual may portray due to the maltreatment. INTRODUCTIONDo forms of abuse and neglect within the family bring about delinquency among the youth? Presumably, y es, maltreatment does have an influence upon delinquent behaviors. Maltreatment is referred to as the parental behaviors that are considered acts intended to inflict physical or psychological harm and that reflect a lack of concern for the adolescents well-being, sense of self, and social competence. (Brezina, Timothy) Maltreatment causes neurological damage, deficits in cognitive socioemotional functioning, and learning of antisocial problem solving and failure in school. Depending upon the severity and length of time of the maltreatment put onto the child determines the level of violent behavior put forth by the juvenile. Severe physical, psychological, and neurological consequences can come about because of maltreatment. These consequences may impair the childs ability to socially integrate in various ways. Within the last ten years studies have found strong associations between inadequate parental nurture, harsh or erratic discipline, and delinquent or violent behavior in childhood and adolescence. This does not mean that all delinquents were abused or neglected. Some come from what appear to be model homes. I chose this topic because of a few reasons. Recently I started working at the Perkins School, which is a residential program for abused (physically, sexually, and mentally) children. These children can no longer live with their family in the home. Some of the children do not even have people to call family or a place to call home, except Perki ns. Every one of these children have behavioral problems, some more severe than others, due to the trauma they have been through. Seeing how defenseless these children were/are to the abuse and how much it affects their behavior is mind boggling. Todays society seems out to punish the delinquents for their behavior. But does society look at the whole picture? Life at home, their morals and values learned through their parents should also be examined as well. Children are like clay, what is molded and pounded into them hardens and is that way until it is melted and restructured. People need to take into consideration how they were raised and what was taught to them their whole life. Yet, there are exceptions to this. Some children just have problems brought about on their own. LITERATURE REVIEWThe article Adolescent Maltreatment and Delinquency: The Question of Intervening Processes in the Journal of Research in Crime and Delinquency brings out competing expectations for the maltreat ment-delinquency association in delinquents through the use of data from a national survey. The three criminological theories: social control theory, social learning theory, and social-psychological strain theory help in accounting for this relationship. The findings discuss the need for a more general and complex understanding of the adolescent maltreatment-delinquency relationship. The quality of parent-child interactions holds significance in this study. Negative treatment toward the adolescent in the form of rejection and unjust punishment is positively related to the delinquent behavior. The forms of maltreatment that are associated with problem behavior are not limited to the extreme forms of physical abuse. Psychological assaults may be more damaging to adolescents in their social development. Names and threats actually hurt more than sticks and stones. This article went on to explain the theories that were used in assessing the relationship between the adolescent maltreatmen t and delinquency. Then the article went on to examine the intervening process. The overview of adolescent maltreatment is: it gives rise to delinquency because it erodes important sources of social control, fosters deviant socialization, and generates deep-seated feelings of anger (Brezina, Timothy). .u05f27d35bf3ba6dfef667c8759b06b54 , .u05f27d35bf3ba6dfef667c8759b06b54 .postImageUrl , .u05f27d35bf3ba6dfef667c8759b06b54 .centered-text-area { min-height: 80px; position: relative; } .u05f27d35bf3ba6dfef667c8759b06b54 , .u05f27d35bf3ba6dfef667c8759b06b54:hover , .u05f27d35bf3ba6dfef667c8759b06b54:visited , .u05f27d35bf3ba6dfef667c8759b06b54:active { border:0!important; } .u05f27d35bf3ba6dfef667c8759b06b54 .clearfix:after { content: ""; display: table; clear: both; } .u05f27d35bf3ba6dfef667c8759b06b54 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u05f27d35bf3ba6dfef667c8759b06b54:active , .u05f27d35bf3ba6dfef667c8759b06b54:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u05f27d35bf3ba6dfef667c8759b06b54 .centered-text-area { width: 100%; position: relative ; } .u05f27d35bf3ba6dfef667c8759b06b54 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u05f27d35bf3ba6dfef667c8759b06b54 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u05f27d35bf3ba6dfef667c8759b06b54 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u05f27d35bf3ba6dfef667c8759b06b54:hover .ctaButton { background-color: #34495E!important; } .u05f27d35bf3ba6dfef667c8759b06b54 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u05f27d35bf3ba6dfef667c8759b06b54 .u05f27d35bf3ba6dfef667c8759b06b54-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u05f27d35bf3ba6dfef667c8759b06b54:after { content: ""; display: block; clear: both; } READ: African American Slavery EssayIn the Social Science Journal, there is a review of the book: Child Abuse and Delinquency, which provided a connection between child abuse and the early onset of delinquent behavior. The author of the book points out that there are factors other than abuse that causes delinquency. There is not a direct relationship between the two. More indirect factors such as environmental, legal, social and psychological factors are involved. It was found that older children who experienced prior childhood abuse had significantly higher rates of delinquency. The severity of abuse did not impact or predict the rate of delinquency. Different social and cultur al experiences affected the rate of delinquency. The length of abusive experiences is very important when reinforcing and constructing social bonds. I also went through the book titled The Child Abuse-Delinquency Connection, which talked about the victim of abuse and his view. At first he thought all families were like his, he had no idea of the world beyond home and school. He started to get a clue that what was going on at home was not normal at the age of eight. He didnt really understand it, but sensed that other kids were not being treated the same way. When he did realize the maltreatment was wrong, he lashed out against everything, including himself. He does not believe the abuse was justification for the delinquent acts he engaged in. Through treatment he says he has turned his weaknesses into strengths. METHODSWhen acquiring sources for review and preparation of this paper, I went to the college library. I went to the computers in the reference section and began researching different journals I could look in. Then I found a few books that also seemed could help my research on this topic. The types of information I found in the journals were national survey data, book reviews, and basic articles about the relationship between abuse and delinquency. I also took into account the little knowledge I have learned working at the Perkins School. All of these children have behavioral problems due to maltreatment. Seeing the children struggle in trying to get through a day without a behavioral outburst of some sort is difficult to take in. These children have not had a healthy environment to grow up in and have so much anger built up inside. Certain influences bring back terrible memories, which eventually cause an emotional breakdown. SUMMARY OF FINDINGSThrough this research I have found that maltreatment affects children and their behaviors a great deal. I believe in treatment for these children, but I wish treatment was not needed. Of course this would only happen in a perfect society. Punishment is not always the correct way in intervening with delinquents. Intervening needs to start with the parents understanding on raising a child. I was pretty sure that abuse played a role in delinquent behaviors before I went into this paper. If maltreatment is what the child has grown up with and around, then this is how the child knows how to respond to situations encountered. Weaknesses I found in one of the procedures, is that the studied group was of only boys, and in another they only did a one time survey when they probably should have studied the group over a period of time. DISCUSSION or IMPLICATIONMy research comes down to maltreatment being put on a person (child or adolescent) can and does lead to delinquency. Maltreatment is not always the only cause of delinquency though. This is sometimes an excuse used in certain juvenile court cases. A question that was not answered for me involved similarities or differences among males and femal es that result in delinquency due to prior maltreatment. Future research could possibly include more diverse samples. Adolescent maltreatment has a significant and negative effect on parental attachment. The levels of parental attachment do not predict subsequent delinquency problems though. Adolescent maltreatment brings about delinquency because it consumes important sources of social control, fosters deviant socialization, and generates ingrained feelings of anger. My conclusion is formed on the basis that maltreatment leads individuals to view deviance and aggression as justifiable forms of behavior. Maltreatment generates negative affects, which pressures individuals into delinquency. The children do not always realize the abuse that is being given is wrong or that not everyone goes through this. Maltreatment has discouraging factors all around that are put upon the child and affects the thought in his or head of what is right and wrong. REFERENCESBrezina, T. (1998). Adolescent Maltreatment and Delinquency: The Question of Intervening Processes. Journal of Research in Crime and Delinquency. 35( 1) 71-100. .u92f7acf32d628ae6f4dd156753913f12 , .u92f7acf32d628ae6f4dd156753913f12 .postImageUrl , .u92f7acf32d628ae6f4dd156753913f12 .centered-text-area { min-height: 80px; position: relative; } .u92f7acf32d628ae6f4dd156753913f12 , .u92f7acf32d628ae6f4dd156753913f12:hover , .u92f7acf32d628ae6f4dd156753913f12:visited , .u92f7acf32d628ae6f4dd156753913f12:active { border:0!important; } .u92f7acf32d628ae6f4dd156753913f12 .clearfix:after { content: ""; display: table; clear: both; } .u92f7acf32d628ae6f4dd156753913f12 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u92f7acf32d628ae6f4dd156753913f12:active , .u92f7acf32d628ae6f4dd156753913f12:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u92f7acf32d628ae6f4dd156753913f12 .centered-text-area { width: 100%; position: relative ; } .u92f7acf32d628ae6f4dd156753913f12 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u92f7acf32d628ae6f4dd156753913f12 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u92f7acf32d628ae6f4dd156753913f12 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u92f7acf32d628ae6f4dd156753913f12:hover .ctaButton { background-color: #34495E!important; } .u92f7acf32d628ae6f4dd156753913f12 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u92f7acf32d628ae6f4dd156753913f12 .u92f7acf32d628ae6f4dd156753913f12-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u92f7acf32d628ae6f4dd156753913f12:after { content: ""; display: block; clear: both; } READ: Bury My Heart At Wounded Knee EssayCohn, A.W. (1996). Juvenile Focus. Federal Probation. 60(4) 55-58. Goleman, D. (1995). Early Violence Leaves Its Mark on the Brain. New York Times. C1, C10. Peters, R., Mcmahon, R., (1996). Preventing Childhood Disorders, Substance Abuse, and Delinquency. Sage Publications: London. Sandberg, D, N. (1989). The Child Abuse-Delinquency Connection. Lexington Publications. Siegal, L., Senna, J. (2000). Juvenile Delinquency Theory, Practice, and Law. 7th Edition. Wadsworth. Stanley, D, L. (1998). Book Reviews. Social Science Journal. 35(3) 473-476. Widom, C, S. (1996). Childhood Abuse and Its Criminal Consequences. Society. 33(4) 47-54. BibliographyREFERENCESBrezina, T. (1998). Adolescent Maltreatment and Delinquency: The Question of Intervening Processes. Journal of Research in Crime and Delinquency. 35(1) 71-100. Cohn, A.W. (1996). Juvenile Focus. Federal Probation. 60(4) 55-58. Goleman, D. (1995). Early Violence Leaves Its Mark on the Brain. New York Times. C1, C10. Peters, R., Mcmahon, R., (1996). Preventing Childhood Disorders, Substance Abuse, and Delinquency. Sage Publications: London. Sandberg, D, N. (1989). The Child Abuse-Delinquency Connection. Lexington Publications. Siegal, L., Senna, J. (2000). Juvenile Delinquency Theory, Practice, and Law. 7th Edition. Wadsworth. Stanley, D, L. (1998). Book Reviews. Social Science Journal. 35(3) 473-476. Widom, C, S. (1996). Childhood Abuse and Its Criminal Consequences. Society. 33(4) 47-54. Social Issues Essays
Tuesday, November 26, 2019
The Lead Cup Myth
The Lead Cup Myth Some time ago, a popular email hoax spread misinformation about the use of lead cups in the Middle Ages and The Bad Old Days.à Lead cups were used to drink ale or whisky. The combination would sometimes knock them out for a couple of days. Someone walking along the road would take them for dead and prepare them for burial. They were laid out on the kitchen table for a couple of days and the family would gather around and eat and drink and wait and see if they would wake up - hence the custom of holding a wake. The Facts Lead poisoning is a slow, cumulative process and not a fast-acting toxin. Furthermore, pure lead was not used to make drinking vessels. By the 1500s pewter had, at most, 30 percent lead in its makeup.1à Horn, ceramic, gold, silver, glass and even wood were all used to make cups, goblets, jugs, flagons, tankards, bowls and other items to hold liquid. In less formal situations, people would forgo individual cups and drink straight from the jug, which was usually ceramic. Those who overindulged in liquorto the point of unconsciousnessgenerally recovered within a day. The consumption of alcohol was a popular pastime, and coroners records are filled with reports of accidentsboth minor and fatalthat occurred to the inebriated. Although it was difficult for people in the 16th century to define death, proof of life could typically be determined by whether or not the person was breathing. It was never necessary to lay out hung-over carousers on the kitchen table and wait to see if they woke upespecially since poorer folk often had neither kitchens nor permanent tables. The custom of holding a wake goes back much further than the 1500s. In Britain,à wakesà appear to have origins in Celtic custom, and was a watch over the recently-deceased that may have been intended to protect his body from evil spirits. The Anglo-Saxons called it a lich-wake from the Old English lic, a corpse. When Christianity came to England, prayer was added to the vigil.2 Over time, the event took on a social character, where family and friends of the deceased would gather to bid them farewell and enjoy food and drink in the process. The Church tried to discourage this,3 but the celebration of life in the face of death is not something humans easily relinquish. Notes: 1. pewterà Encyclopà ¦dia Britannicaà Accessed April 4, 2002]. 2. wakeà Encyclopà ¦dia Britannica[Accessed April 13, 2002]. 3. Hanawalt, Barbara, The Ties that Bound: Peasant Families in Medieval England (Oxford University Press, 1986), p. 240. The text of this document is copyright à ©2002-2015 Melissa Snell. You may download or print this document for personal or school use, as long as the URL below is included. Permission is not granted to reproduce this document on another website.
Friday, November 22, 2019
Definition and Examples of Judicial Rhetoric
Definition and Examples of Judicial Rhetoric According to Aristotle, judicial rhetoric is one of the three main branches of rhetoric: speech or writing that considers the justice or injustice of a certain charge or accusation. (The other two branches are deliberative and epideictic.) Also known asà forensic, legal, or judicial discourse. In the modern era, judicialà discourse is primarily employed by lawyers in trials decided by a judge or jury. See the observations below. Also see: ArgumentClassical RhetoricDeclamationDefinitions of Rhetoric in Ancient Greece and RomeWhat Are the Three Branches of Rhetoric? Etymology:à From the Latin, judgment. Judicial Rhetoric in Ancient Greece and Rome Anyone reading the classical rhetorics soon discovers that the branch of rhetoric that received the most attention was the judicial, the oratory of the courtroom. Litigations in court in Greece and Rome were an extremely common experience for even the ordinary free citizenusually the male head of a householdand it was a rare citizen who did not go to court at least a half a dozen times during the course of his adult life. Moreover, the ordinary citizen was often expected to serve as his own advocate before a judge or jury. The ordinary citizen did not possess the comprehensive knowledge of the law and its technicalities that the professional lawyer did, but it was greatly to his advantage to have a general knowledge of the strategies of defense and prosecution. As a result the schools of rhetoric did a flourishing business in training the layperson to defend himself in court or to prosecute an offending neighbor.(Edward P.J. Corbett and Robert J. Connors, Classical Rhetoric for the M odern Student, 4th ed. Oxford University Press, 1999) Aristotle on Judicial Rhetoric and the Enthymeme [J]udicial rhetoric promotes justice and identifies injustice by appealing to the law. Forensic speech accepts as given the laws of the polis, so the section on judicial rhetoric uses enthymemes to adjust particular cases to general laws (Aristotles Rhetoric). Aristotle addresses accusation and defense as well as the sources from which their enthymemes should be drawn, investigating for what, and how many, purposes people do wrong . . . how these persons are [mentally] disposed, and what kind of persons they wrong and what these people are like (On Rhetoric, 1. 10. 1368b). Because Aristotle is interested in causation in order to explain wrong-doing, he finds enthymemes particularly useful in judicial rhetoric.(Wendy Olmsted, Rhetoric: An Historical Introduction. Blackwell, 2006) The Focus on the Past in Judicial Rhetoric Judicial rhetoric concerns only past fact and the application of uncontentious moral principles, so that it affords the ideal Aristotelian orator no grounds for uncertainty. But perhaps deliberative rhetoric, since it concerns future contingencies and the more or less likely outcomes of alternative policies, is a better prospect for comparison with dialectic.(Robert Wardy, Mighty Is the Truth and It Shall Prevail? Essays on Aristotles Rhetoric, ed. by Amà ©lie Oksenberg Rorty. University of California Press, 1996) Prosecution and Defense in Judicial Rhetoric In judicial rhetoric, prosecutors often try to evoke assent to the truth of a statement such as the following: John killed Mary. That is, prosecutors try to persuade their audiences to agree with their representations of reality. Some form of resistance to their arguments is implicit in their situations because opposing arguments are expected from the defense. Aristotle emphasized the notion of dispute or debate inherent in judicial rhetoric: In the law court there is either accusation or defense; for it is necessary for the disputants to offer one or the other of these (Rhetoric, I,3,3). This sense of the word persuasion is among its more common senses.(Merrill Whitburn, Rhetorical Scope and Performance. Ablex, 2000) The Model for Practical Reason While contemporary students of practical reasoning rarely think about rhetoric, judicial reasoning is the model for modern practical reason. We typically assume that practical reasoning has to proceed from rule to case and that the point of practical reasoning is to justify our actions. . . . For Aristotle deliberation is the model for practical reason because there the Aristotelian combination of the personal and the moral is real and fundamental, while in judicial rhetoric that combination is only created by the speaker.(Eugene Carver, Aristotles Practical Reason. Rereading Aristotles Rhetoric, ed. by Alan G. Gross and Arthur E. Walzer. Southern Illinois University Press, 2000) Pronunciation: joo-dish-ul
Thursday, November 21, 2019
Promotion & Information Systems Research Paper Example | Topics and Well Written Essays - 500 words
Promotion & Information Systems - Research Paper Example External factors can be described as competition, political, environmental, and technological or any other external factors that are not in control of marketers. They have to constantly adjust with them with regard to their marketing plans and strategies; otherwise, it is likely that they may lose market shares, which may have a considerable impact on companyââ¬â¢s revenue. Internal factors are those which are in marketerââ¬â¢s control like increasing production in units in an existing set up so as to utilize full manufacturing capacity and play with pricing part so that there is an increase in absolute profit of the company. Here even reducing per unit price profit of the organization increases because numbers of the units sold are higher. These factors are in control of any marketer to a limited extent only to play with the pricing part of the product. Tutorial effectively teaches about 5-point process for setting the price. This process serves as a useful guide to set price of the product or service. However, finding right price is not an easy task and marketer has to make a lot of trial and error efforts finally to arrive at correct price. Price setting process begins with marketing objectives. Tutorial effectively imparts understanding that how managing external factors are the key to marketerââ¬â¢s success. Bulk of the efforts and time for any marketer goes here. Proper management of external factors is crucial for meeting the marketing objectives. They provide opportunities and pose threats to the marketer. In order to respond effectively to external factors, marketer needs to carry out market research. Market research is an intensive and a long term process. Market research is also carried out as one of the objective to arrive at right pricing for the product or services. One cannot set a perfect price with this tool but it can be taken as a guide to arrive at right pricing. Based on the above
Tuesday, November 19, 2019
Class student dicussions answers Assignment Example | Topics and Well Written Essays - 500 words
Class student dicussions answers - Assignment Example Pavitor, you could have added a definition and elaborated a bit more of asymmetric cryptography in order to make it easier to differentiate the two concepts. I agree with you Jusin G that symmetric key distribution can pose to bring lots of insecure communication or message interception between the involved organizations. Asymmetric cryptography is also known as public key cryptography. It makes use of two keys, a private key to decrypt messages and a public key to encrypt messages. I agree with you Jusin G that the asymmetric cryptography can be adopted by two organizations which want to send sensitive messages more securely. This is because; the asymmetric cryptography avoids the drawback of exchanging the key by distribution of the public key in a non-secure mechanism while at the same time, the private key is not transmitted. Thanks Pavitor For the good analysis of the different technologies. But I rather disagree with you that WEP is secure. Let me say that WEP is an older technology in wireless networks. This makes it easily hacked and cannot guarantee security within oneââ¬â¢s business premise. You gave the advantage that users shun the network ones it prompts for wireless security key, this is not always the case but depends on an individualââ¬â¢s motif. User may be determined to think of more other ways of getting into the network. I agree with you about interoperability, it is a great feature provided by the WEP. WPA and WPA2 form part of the recommended solutions to WEP security issues. I agree with you that the stronger encryption and the use of Temporary Key Integrity Protocol (TKIP) which changes dynamically offers more secure means of passing data across a wireless network than WEP. Also to note is that WPA2 was as a result of implementation of 802.11i. Good analysis of the encryption for wireless networks you Pavitor. I disagree with you Jusin G
Saturday, November 16, 2019
Case on Industrial Dispute Essay Example for Free
Case on Industrial Dispute Essay Road Transport Corporation (hereinafter referred to as the Corporation), has been constituted under the Road Transport Corporation Act, 1950. The respondent which is a Trade Union of the appellant-Corporation, filed an Application before the Labour Court, Dehradun under Section 11-C of the U. P. Industrial Disputes Act, 1947 read with Section 13A of the Industrial Employment (Standing Orders) Act, 1946, praying for a declaration that the 15 persons who were appointed on contract basis as drivers and conductors as shown in the annexed chart, be declared as regular and substantive workmen of the Corporation. It was also prayed in the said Application that the concerned workmen be given all the benefits and facilities of regular employees. The aforesaid Application was allowed by the Labour Court, Dehradun by its order dated 19. 9. 2001. The Labour Court directed that the concerned workmen be given the minimum wages admissible to the regular employees in the pay scales of drivers and conductors. The Labour Court also held that the said workmen are employees of the Corporation. It is not disputed that the concerned workmen were appointed on contract basis. Before the Labour Court, the Corporation had contended that Rule 2 of U. P. S. R. T. C Employees (Other than Officers) Service Regulations, 1981 (hereinafter referred to as the Regulations) clearly mentions that these regulations shall not apply to employees working on contract basis. The persons working on contract basis filed Writ Petition No. 41349/1999 Kanchi Lal and others vs. U. P. S. R. T. C before the Allahabad High Court for grant of same benefits as the regular employees of the Corporation, but the said writ petition had been dismissed. However, the bjection of the Corporation was rejected by the Labour Court. It filed a writ petition thereafter before the High Court which was dismissed by the impugned judgment. It was contended in the writ petition by the appellant that the concerned workmen had not been selected in terms of the process of selection required for appointment of regular employees and hence they cannot be directed to be given minimum pay scales of regular emp loyees. It was also contended that the Labour Court acted beyond its jurisdiction by passing the impugned order dated. In our opinion, the Labour Court could not have granted the relief it granted by the order dated 19. 9. 2001, as that could only have been granted on a regular reference under Section 4-K of the U. P. Industrial Disputes Act or under Section 10 of the Industrial Disputes Act. A perusal of the order of the Labour Court dated 19. 9. 2001 shows that it has not referred to any standing order of the appellant. On the other hand, paragraph 3 of the said order refers to Rule 2 of the 1981 Regulations which clearly provides that the Regulations do not apply to employees engaged on contract basis. In our opinion, the Labour Court cannot amend the Regulations while hearing an application under Section 11-C of the Industrial Disputes Act. As already stated above, the scope of Section 11-C is limited to decide a question arising out of an application or interpretation of a standing order and the Labour Court cannot go beyond the scope of Section 11-C of the U. P. Industrial Disputes Act. For the reasons given above, the appeals are allowed. The impugned judgment of the High Court as well as the order of the Labour Court dated 19. 9. 2001 are set aside. However, it is open to the concerned workmen to raise their grievances before the concerned authority under Section 4-K of the U. P. Industrial Disputes Act or under Section 10 of Industrial Disputes Act, as the case may be, and if the State Government refers such a dispute to the Labour Court or Tribunal, we hope that the same will be decided expeditiously. No costs
Thursday, November 14, 2019
AIDS in Africa :: HIV Disease Epidemic
Africaââ¬â¢s AIDS Epidemic Acquired Immune Deficiency Syndrome (AIDS) has become an epidemic for many underdeveloped regions. Although it does exist in the developed nations, it is more prevalent in places like South America, Asia, the island countries and most heavily of all Africa. There are many aspects to the problem of AIDS in Africa. Public health departments lack the resources to treat patients properly and to control the epidemic through education. Thirty-three million people have AIDS in the world. Africa has two-thirds of that number. According to the United Nations Aids Program on HIV/Aids, and World Health Organization (WHO), estimates, seven out of ten people newly infected with HIV in 1998 live in sub Saharan Africa. Among children under 15, the proportion is nine out of ten. Of all Aids deaths since the epidemic started, eighty-three percent have been in the region. These numbers sound even more astonishing considering only one-tenth of the worldââ¬â¢s population lives in Africa, south of the Sahara. The amount of Africans affected by the epidemic is frightening. Since the start of the epidemic, an estimated 34 million people living in sub-Saharan Africa have been infected with HIV. Approximately 11.5 million of those people have already died, one-fourth of them being children. During the course of 1998, Aids has been responsible for an estimated two million deaths in Africa. There is about 21.5 million men and w omen living with HIV in Africa, plus an extra one million being children. Four million of those people contracted the infection in 1998 alone (Mail & guardian). No country in Africa has escaped the virus. Most of the new infections are concentrated in East Africa and especially in the southern part of the continent. In fact, the southern region of Africa holds majority of the worldââ¬â¢s most hard-hit countries with the most AIDS cases. According to the Department of Health, South Africaââ¬â¢s current estimates show that over one person out of every five between the age of 15 and 49 is living with HIV or Aids in Botswana, Namibia, Swaziland and Zimbabwe. Zimbabwe was especially hit hard. There are twenty-five surveillance sites in the country where blood taken from pregnant women is tested anonymously as a way of tracking the HIV infection. The most recent data, from 1997, show that HIV prevalence was below ten percent in just two sites.
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