The Yellow Wallpaper Essay English Literature Essay Free Essays

During the nineteenth century, grown-up females looked to asseverate themselves with an end goal to show signs of improvement of the position quo of male control, which prohibited them from political task and reasonable guilty pleasure. Moreover, specialists in the realm of clinical claim to fame and logical order looked to doubt the possibility of ladylike upward versatility, by watching the similar coming up short of females with an end goal to warrant imbalance ( Bed Rest 4 ) . â€Å" The Yellow Wallpaper † by Charlotte Perkins Gilman speaks to a departure from society ‘s elements of grown-up females and recuperating the opportunity they have lost. We will compose a custom paper test on The Yellow Wallpaper Essay English Literature Essay or on the other hand any comparable theme just for you Request Now The narrator, attempting for female independence is constantly blocked by male mastery got from the nineteenth century which drives her to execute implosion. In the articleWoman Sphere and Public Squarewritten by Karen Fisher Younger, she states: Americans from this clasp period characterized grown-up female ‘s work as household and private, separate from the universe of open life. More than this, it was thought grown-up female was ethically and profoundly cleaner precisely in light of the fact that she remained off from the debasing open circle. It was during this clasp grown-up females ‘s conventional residential capacities at place as wedded womans and female guardians took on a consecrated quality. What's more, this different spaces belief system one private for grown-up females and the other open for work powers were seen as immutable law from God. ( 43 ) Unexpectedly bounty, the political direction of discrete spaces amplified grown-up females ‘s impact in the masses, blending to historiographers. Womans were seen as more good and profoundly stable than work powers, touting the conviction that grown-up females were better prepared to loan to the general ethical quality of society. The narrator, a grown-up female endorsed to rest cure by her doctor/spouse John, is kept to her dozing room, a child ‘s baby’s stay with awful xanthous color and bars on the Windowss. The two Windowss that she watches out of, speaks to the potential outcomes of grown-up females whenever seen as friends by the other gender. The words she uses to delineate her situation through the principal window are â€Å" I can see the nursery, those obscure profound concealed arbor, the abundant old fashioned blossoms, and bushes and twisted trees † ( 328 ) . The word picture of â€Å" the nursery † speaks to society. The word â€Å" mysterious † show that grown-up females ‘s capacity has n’t been carried away into the noticeable radiation. The second 1 shows â€Å" the flawless situation of the straight † and â€Å" a little private wharf, having a place with the bequest † ( 328 ) . The cove shows that society was new to the capacities of grown-up females and the private dock shows that grown-up females are barred from things in the public arena. Following is the xanthous backdrop. The shading yellow is taken a gander at as characteristic of sickness or fizzling. â€Å" The shading is rebarbative, about revolting: a seething grimy yellow, strangely blurred by the moderate turning daylight, It is a dull yet offensive orange in some topographic focuses, a pallid sulfur conceal in others † ( 327 ) . This infers grown-up females are the more vulnerable of the two genders. The narrator ‘s hubby advises her to procure over her disgrace of the xanthous backdrop in the room. â€Å" He giggles at me so about this backdrop! At chief he plan to repaper the room, yet in this manner he said that I was permitting it secure the better of me, and that nil was more terrible for an apprehensive patient than to offer way to such fantasies † ( 327 ) . This shows when grown-up females attempt to free themselves from the prohibitive obligations of society, work powers persecute them and actualize the idea that they are second r ate. The need of the narrator ‘s independence drives her to execute implosion. She needs to jump out the window yet â€Å" the bars are too much solid even to look for † ( 335 ) . The bars represent the prohibitive fasten that her hubby or all work powers have on her, or every single grown-up female in the public arena. â€Å" I ‘ve got a rope up here that even Jennie did non happen † ( 335 ) , the rope represents the way she is venturing out to deal with her situation. As John goes to the entryway and advises the narrator to open it, she had just bolted it from the inside. â€Å" In the delicate voice † she lets him know, â€Å" I ca n’t, † and that â€Å" the key is somewhere around the front stairss under the plantain foliage † ( 335 ) . Right now in cut she is â€Å" solidly secured † by the â€Å" very much shrouded rope † and is as of now hung like â€Å" every one of those choked caputs † behind the backdrop ( 335 ) . John goes to recuperate the key, he returns to open the entryway and shockingly he blacks out. The frightfulness behind this was he placed her in that room where she got detained by the backdrop. In choice, you could express that hanging herself was her signifier of flight. In a male ruled society grown-up females during this period were assume to be seen and non heard, and their occupation predominantly was to hold children and take consideration of the house. The narrator had things she wanted to make, but since of the clasp where she lived, those things were non what the guidelines of society needed. â€Å" There comes John, and I should set this off †he prefers not to hold me create a word † ( 327 ) . She has her ain considerations and thoughts that she would wish to appear. â€Å" I think here and there that in the event that I were only acceptable bounty to make a little, it would reduce the importance of considerations, and rest me † ( 328 ) . The way grown-up females were dealt with so â€Å" It is so detering non to hold any exhortation ; and friendship about their work † ( 328 ) . The narrator ‘s situation could hold been maintained a strategic distance from, if her hubby had tuned in to the notice stamps and permitted her the little pleasances she had a great time. The parturiency of the xanthous decorated room permitted the quiet enslavement of her life to verify and in this way lead to her implosion. Plants Cited â€Å" Bed Rest Would n’t Make for Pioneering Feminist. †USA Today Magazine139.2777 ( 2010 ) : 4-5. Print. Fisher Younger, Karen. â€Å" Women ‘s Sphere and the Public Square: The Beecher Sisters ‘ Dilemma Over Slavery. †International Congressional Journal8.2 ( 2009 ) : 43-51. Print. Gilman, Charlotte Perkins. â€Å" The Yellow Wallpaper. † Kennedy and Gioia 325-336. Kennedy, X.J. , and Dana Gioia, eds.Literature: An Introduction to Fiction, Poetry, Drama, and Writing.6th Compact erectile brokenness. New York: Longman, 2010. Print The most effective method to refer to The Yellow Wallpaper Essay English Literature Essay, Essay models

Attracting Students to NOVA Southeastern University - Smart Custom Writing Samples

Drawing in Students to NOVA Southeastern University - Smart Custom Writing Human Resource Management 2The fruitful action of any association straightforwardly relies upon the capacity to control and deal with the gifts of the staff that can be useful some creative thoughts, viewpoints and thought for the improvement of the working procedure. The issues and difficulties that can show up in the workplace might be transformed into vital resources of the association and utilized for he company’s prosperity.â Due to various abilities and distinctive social foundations, assorted sexes, ages and totally various ways of life, the organization can have more business openings, work all the more rapidly and imaginatively and accomplish the attractive objectives as fast as could be expected under the circumstances. In the event that the earth of the association doesn't keep up assorted variety extensively, there is a high hazard to lose ability to contenders. Mathis and Jackson (2010, p.34) state that numerous organizations fear this very circumstance. HR office is one of the primary divisions in any structure or association. The HR is answerable for such errands as employing (enlistment), remuneration, assessment and the executives, advancements, overseeing relations, arranging and finance. The goal of HR office is to expand the coming venture from the association's human capital and, on a similar time, diminish the budgetary hazard to as far as possible. As indicated by the essential job that HR division play, there are a few difficulties, for example, overseeing information laborers, overseeing innovative difficulties, skill of HR administrators, capability of HR directors and overseeing change. Clearly, it's anything but a total rundown or obligations and duties of the human research office and directors. One of the fundamental points of HR office is to sort out crafted by the staff appropriately and ensure great and due execution of the work. For this situation, one of the most broadly spread administration apparatuses is the exhibition examination. The topic of the utilizing of this administration procedure is somewhat dubious as it has both, constructive and contrary consequences for the work force. The examination of authentic execution is a procedure that can reduce a great deal of dysfunctions of traditional frameworks of the presentation evaluation just as produce an increasingly sympathetic and moral human asset the executives procedure of deciding. Execution of the evaluation pundits shows an incredible number of persuading contentions against its utilization. Armstrong and Mitchell (2008, p.56) express that there are numerous situations when this framework brought about various problems.â The significant scrutinizes are that individual execution examination guesses a bogus degree of estimation rightness, produces struggle and rivalry ofâ useless worker, dispenses an over the top measure of obligation for terrible execution to representatives while underestimating the general working procedure, underemphasizes the noteworthiness of work gathering. One more issue that may emerge from the use of pundits of execution evaluation is a contention among assessed and appraiser. For this situation, everything relies on the character of both. Clearly, the appraiser should remember some close to home highlights of the representative and consider the likely conduct of the individual. For this situation the mental aptitudes of the chief assume significant job, as examination ought to be introduced in a right way whatever it might be, sure or negative.â Very frequently, the off base way of introducing the evaluation can prompt the brokenness of the representative execution and more regrettable aftereffects of work. The examination ought to be introduced in such a way to bring out the worker want to improve the method of work. The staff should feel its need whatever evaluation may be all together not to lose the craving to work all the more effectively. All the time, numerous chiefs complete the presentation examinations rather inadequately. Therefore, they face up the horrendous gatherings, yet additionally those where the supervisor and the delegates of the staff never entirely fathom one another, never entirely esteem the other's perspective, and never fully settle the appropriate objectives that are important to accomplish inside the year. Tragically, it is for all intents and purposes inescapable the individu al from the staff will be less upbeat and less gainful after discussion. It demonstrates indeed that the basic evaluation of the work ought to be done appropriately and cautiously so as to abstain from misconception and abatement of the productiveness. While making the evaluation of crafted by the staff, directors commit one normal error that can prompt disappointment, misjudging and one-sided demeanor in the group. While making the examination recall that it ought to be performed alongside the worker, as just free eye-to-eye discussion can prompt the positive outcomes. Something else, the worker can have the one-sided disposition structure their partners and lose the craving to work gainfully. This is a sort of result that ought to be maintained a strategic distance from regardless. In the book by Pynes (2009, p.67) there is an explanation that basic examination of the exhibition has its constructive outcomes and aims. For example, it can help in creating initiative abilities by methods for urging staff to work all the more successfully. Creating initiative is likewise significant, in spite of the fact that it appears it is given less consideration and advancement as it ought to be at all degrees of the association. In spite of the way that administration is talked about on birthplace of character and certain practices at an authoritative level, which is progressively founded on information, the test is to improve workers who have execution dependent on their past records and information into business pioneers by conferring them with the fundamental â€Å"software skills†. Regardless, any sort of examination, positive or negative, can have great and awful outcomes. Everything relies on the way of introducing it to the representative. Consequently, basic e xamination isn't so alarm and terrible as it might appear in spite of the fact that it might prompt positive changes inside the tem and improve the presentation of work. Reference List Armstrong, S. what's more, Mitchell, B. (2008) The Essential HR Handbook: A Quick and Handy Resource for Any Manager or HR Professional , Sydney: Career Press.Mathis, R.L and Jackson J. (2010) Human Resource Management, Boston: South-Western College PubPynes, J. (2009) Human Resources Management for Public and Nonprofit Organizations: A Strategic Approach (Essential Texts for Nonprofit and Public Leadership and Management, New York: Jossey-Bass

How to Write a Movie Review Essay

How to Write a Movie Review EssayIf you want to improve your chances of making it in the movie business, how to write a movie review essay is probably one of the most important things you need to do. Writing a movie review essay can be tricky, but with some guidance and practice, you will learn the basics of movie reviews and be ready to go out and sell yourself. What's more, it will make you a better writer in general. In this article, we will discuss the steps to take to make your movie reviews better.The first thing you need to do is decide how you are going to approach the writing of your review essay. Do you want to write a screenplay review or a film industry review? You can also combine these two types of essays, so that you write on both sides of the coin. On one side, you can write a movie script review; on the other side, you can write a film industry perspective. In any case, you need to get to know the system that your target audience is coming from, and you need to read your writing in that specific context.You can make your movie reviews more effective by thinking about what your audience is interested in and how they are reading them. Do people who read screenplays read the whole script out loud to themselves, or is there someone in the house who is doing it for them? Are they reading long sections of the story, or short snippets of information? Consider all these questions when you are planning your writing process.Once you have this information, then you need to find out what the audience expects to see when they open a screenplay or a play. Is it a plot with enough twists and turns to keep them interested, or is it just a straight story? If it is a straight story, then you need to consider how the best ways to show this and what kind of characters will work best. How many characters should you have? How long should they be? These are all questions you should ask yourself before you even begin.Most of us tend to think of movies as being plots a nd characters. But that is only the beginning. Even though your target audience is only going to view a small portion of the film, they will still be required to watch sequences that are designed to keep them guessing. To accomplish this, you need to have well-planned scenes and images to show off and explain the events that happen at each scene.Writing about a movie takes work. You need to put in the time and effort, and if you're going to be the person doing the actual reviewing, you need to make sure that you have enough time to get through the entire film. Not only does it take time to read and understand the film, but the same goes for figuring out how to write a movie review essay.When you are writing your movie review essay, try to take everything seriously. Even though you are only going to read this once, it should be remembered that it is a potential sale in the industry. You are there to make money off of the movie, so it would be a mistake to rush through it. Every sente nce needs to be carefully considered, and you need to be able to provide the necessary background and facts to satisfy your target audience.How to write a movie review essay isn't difficult, but it takes time and practice. So make sure that you start out with an informed audience, and you'll be writing like a pro soon enough. After all, it's your money, and you shouldn't waste it.

CUNY Queens College Acceptance Rate, SAT/ACT Scores, GPA

Queens College is a public college with an acceptance rate of 48%. Located about 10 miles east of Manhattan in Flushing, Queens College is a  public university  and one of the senior colleges in the  City University of New York (CUNY)  system. The college offers bachelors and masters degrees in more than 100 areas with psychology, sociology, and business among the most popular with undergraduates. The colleges strengths in the liberal arts and sciences earned it a chapter of the prestigious  Phi Beta Kappa  Honor Society. Traditionally a commuter school, Queens College opened its first residence hall in 2009. On the athletic front the Queens College Knights compete in the NCAA Division II  East Coast Conference. Considering applying to Queens College? Here are the admissions statistics you should know, including average SAT/ACT scores and GPAs of admitted students. Acceptance Rate During the 2017-18 admissions cycle, Queens College had an acceptance rate of 48%. This means that for every 100 students who applied, 48 students were admitted, making Queens Colleges admissions process competitive. Admissions Statistics (2017-18) Number of Applicants 18,862 Percent Admitted 48% Percent Admitted Who Enrolled (Yield) 22% SAT and ACT Scores and Requirements Queens College requires that all applicants submit either SAT or ACT scores. Most students submit SAT scores, and Queens College does not provide statistics for applicants ACT scores. During the 2017-18 admissions cycle, 79% of admitted students submitted SAT scores. SAT Range (Admitted Students) Section 25th Percentile 75th Percentile ERW 520 600 Math 540 620 ERW=Evidence-Based Reading and Writing This admissions data tells us that most of Queens Colleges admitted students fall within the  top 35% nationally  on the SAT. For the evidence-based reading and writing section, 50% of students admitted to Queens College scored between 520 and 600, while 25% scored below 520 and 25% scored above 600. On the math section, 50% of admitted students scored between 540 and 620, while 25% scored below 540 and 25% scored above 620. Applicants with a composite SAT score of 1220 or higher will have particularly competitive chances at Queens College. Requirements Queens College does not require the SAT writing section. Note that Queens College requires applicants to submit all SAT scores, but will consider your highest score from each individual section across all SAT test dates. Queens College does not require SAT Subject tests, but they are recommended for scholarship and honors college consideration. Note that minimum score requirements for incoming freshmen include an SAT score of 1130 in critical reading and math or an ACT score of 22 or higher in English and math. GPA In 2019, the average high school GPA of Queens Colleges incoming freshmen class was 89.4. This information suggests that most successful applicants to Queens College have primarily high B grades. Note that the minimum required GPA for incoming freshmen is 80, or B-. Self-Reported GPA/SAT/ACT Graph CUNY Queens College Applicants Self-Reported GPA/SAT/ACT Graph. Data courtesy of Cappex. The admissions data in the graph is self-reported by applicants to Queens College. GPAs are unweighted. Find out how you compare to accepted students, see the real-time graph, and calculate your chances of getting in with a free Cappex account. Admissions Chances Queens College, which accepts fewer than half of applicants, has a competitive admissions pool. Applicants may apply using the Common Application or the CUNY application. Queens College wants to see high grades in  rigorous courses  and strong test scores. However, Queens College has a  holistic admissions  process involving other factors beyond your grades and test scores. You can improve your chances of acceptance by submitting an optional  application essay, glowing  letters of recommendation, and a resume of  extracurricular activities. Note that specialized majors have additional admission requirements. In the graph above, the blue and green dots represent students who were admitted to Queens College. Most had SAT scores of 1050 or higher (ERWM), an ACT composite of 21 or higher, and a high school average of a B or better. Standardized test scores and grades above this lower range can improve your chances measurably. If You Like Queens College, You May Also Like These Schools New York UniversityBinghamton UniversityBaruch CollegeStony Brook UniversityFordham UniversityUniversity at AlbanyPace UniversityHunter College All admissions data has been sourced from the National Center for Education Statistics and CUNY Queens College Undergraduate Admissions Office. CUNY Queens College Acceptance Rate, SAT/ACT Scores, GPA Queens College is a public college with an acceptance rate of 48%. Located about 10 miles east of Manhattan in Flushing, Queens College is a  public university  and one of the senior colleges in the  City University of New York (CUNY)  system. The college offers bachelors and masters degrees in more than 100 areas with psychology, sociology, and business among the most popular with undergraduates. The colleges strengths in the liberal arts and sciences earned it a chapter of the prestigious  Phi Beta Kappa  Honor Society. Traditionally a commuter school, Queens College opened its first residence hall in 2009. On the athletic front the Queens College Knights compete in the NCAA Division II  East Coast Conference. Considering applying to Queens College? Here are the admissions statistics you should know, including average SAT/ACT scores and GPAs of admitted students. Acceptance Rate During the 2017-18 admissions cycle, Queens College had an acceptance rate of 48%. This means that for every 100 students who applied, 48 students were admitted, making Queens Colleges admissions process competitive. Admissions Statistics (2017-18) Number of Applicants 18,862 Percent Admitted 48% Percent Admitted Who Enrolled (Yield) 22% SAT and ACT Scores and Requirements Queens College requires that all applicants submit either SAT or ACT scores. Most students submit SAT scores, and Queens College does not provide statistics for applicants ACT scores. During the 2017-18 admissions cycle, 79% of admitted students submitted SAT scores. SAT Range (Admitted Students) Section 25th Percentile 75th Percentile ERW 520 600 Math 540 620 ERW=Evidence-Based Reading and Writing This admissions data tells us that most of Queens Colleges admitted students fall within the  top 35% nationally  on the SAT. For the evidence-based reading and writing section, 50% of students admitted to Queens College scored between 520 and 600, while 25% scored below 520 and 25% scored above 600. On the math section, 50% of admitted students scored between 540 and 620, while 25% scored below 540 and 25% scored above 620. Applicants with a composite SAT score of 1220 or higher will have particularly competitive chances at Queens College. Requirements Queens College does not require the SAT writing section. Note that Queens College requires applicants to submit all SAT scores, but will consider your highest score from each individual section across all SAT test dates. Queens College does not require SAT Subject tests, but they are recommended for scholarship and honors college consideration. Note that minimum score requirements for incoming freshmen include an SAT score of 1130 in critical reading and math or an ACT score of 22 or higher in English and math. GPA In 2019, the average high school GPA of Queens Colleges incoming freshmen class was 89.4. This information suggests that most successful applicants to Queens College have primarily high B grades. Note that the minimum required GPA for incoming freshmen is 80, or B-. Self-Reported GPA/SAT/ACT Graph CUNY Queens College Applicants Self-Reported GPA/SAT/ACT Graph. Data courtesy of Cappex. The admissions data in the graph is self-reported by applicants to Queens College. GPAs are unweighted. Find out how you compare to accepted students, see the real-time graph, and calculate your chances of getting in with a free Cappex account. Admissions Chances Queens College, which accepts fewer than half of applicants, has a competitive admissions pool. Applicants may apply using the Common Application or the CUNY application. Queens College wants to see high grades in  rigorous courses  and strong test scores. However, Queens College has a  holistic admissions  process involving other factors beyond your grades and test scores. You can improve your chances of acceptance by submitting an optional  application essay, glowing  letters of recommendation, and a resume of  extracurricular activities. Note that specialized majors have additional admission requirements. In the graph above, the blue and green dots represent students who were admitted to Queens College. Most had SAT scores of 1050 or higher (ERWM), an ACT composite of 21 or higher, and a high school average of a B or better. Standardized test scores and grades above this lower range can improve your chances measurably. If You Like Queens College, You May Also Like These Schools New York UniversityBinghamton UniversityBaruch CollegeStony Brook UniversityFordham UniversityUniversity at AlbanyPace UniversityHunter College All admissions data has been sourced from the National Center for Education Statistics and CUNY Queens College Undergraduate Admissions Office.

Biography of Enrico Dandolo, Doge of Venice

Enrico Dandolo was known for funding, organizing, and leading the forces of the Fourth Crusade, who never reached the Holy Land but instead captured Constantinople. He is also famous for taking the title of Doge at a very advanced age. Occupations DogeMilitary Leader Places of Residence and Influence Venice, ItalyByzantium (Eastern Roman Empire) Important Dates Born: c. 1107Elected Doge: June 1, 1192Died: 1205 About Enrico Dandolo The Dandolo family was wealthy and powerful, and Enricos father, Vitale, had held several high administrative positions in Venice. Because he was a member of this influential clan, Enrico was able to secure a position in the government himself with little difficulty, and eventually, he was entrusted with many important missions for Venice. This included a trip to Constantinople in 1171 with the doge at that time, Vitale II Michiel, and another a year later with the Byzantine ambassador. On the latter expedition, so diligently did Enrico protect the interests of the Venetians that it was rumored the Byzantine emperor, Manuel I Comnenus, had him blinded. However, although Enrico suffered from poor vision, the chronicler Geoffroi de Villehardouin, who knew Dandolo personally, attributes this condition to a blow to the head. Enrico Dandolo also served as Venices ambassador to the King of Sicily in 1174 and to Ferrara in 1191. With such prestigious accomplishments in his career, Dandolo was considered an excellent candidate as the next doge -- even though he was quite elderly. When Orio Mastropiero stepped down in order to retire to a monastery, Enrico Dandolo was elected Doge of Venice on June 1, 1192. He was believed to be at least 84 years of age at the time. Enrico Dandolo Rules Venice As doge, Dandolo worked tirelessly to increase the prestige and influence of Venice. He negotiated treaties with Verona, Treviso, the Byzantine Empire, the Patriarch of Aquileia, the King of Armenia and the Holy Roman Emperor, Philip of Swabia. He fought a war against the Pisans and won. He also reorganized Venices currency, issuing a new, large silver coin known as the grosso or matapan that bore his own image. His changes to the monetary system were the beginning of an extensive economic policy designed to increase trade, most especially with lands to the east. Dandolo also took a keen interest in the Venetian legal system. In one of his earliest official acts as ruler of Venice, he swore the â€Å"ducal promise,† an oath that specifically laid out all of the duties of the doge, as well as his rights. The grosso coin depicts him holding this promise. Dandolo also published Venices first collection of civil statutes and revised the penal code. These achievements alone would have earned Enrico Dandolo an honorable place in the history of Venice, but he would earn fame -- or infamy -- from one of the strangest episodes in Venetian history. Enrico Dandolo and the Fourth Crusade The idea of sending troops to the Eastern Roman Empire instead of to the Holy Land did not originate in Venice, but it is fair to say that the Fourth Crusade would not have turned out as it did were it not for the efforts of Enrico Dandolo. The organization of transportation for the French troops, the funding of the expedition in exchange for their help in taking Zara, and the persuading of the crusaders in helping the Venetians take Constantinople -- all of this was Dandolos work. He was also physically in the forefront of events, standing armed and armored in the bow of his galley, encouraging the attackers as they made their landing at Constantinople. He was well past 90 years old. After Dandolo and his forces succeeded in capturing Constantinople, he took the title lord of the fourth part and a half of the whole empire of Romania for himself and for all the doges of Venice thereafter. The title corresponded to how the spoils of the Eastern Roman Empire (Romania) were then divided as a consequence of the conquest. The doge remained in the capital city of the empire to oversee the new Latin government and to look out for Venetian interests. In 1205, Enrico Dandolo died in Constantinople at the age of 98. He was entombed in the Hagia Sophia. Resources and Further Reading Madden, Thomas F.  Enrico Dandolo the Rise of Venice. Baltimore, Md: Johns Hopkins Univ. Press, 2011.Brà ©hier, Louis.  Enrico Dandolo.  The Catholic Encyclopedia.  Vol. 4.  New York: Robert Appleton Company,  1908.

Koan Essay - 1209 Words

Obtaining Realization Through Koan Zen, also known as Ch’an Buddhism in China, is a school of Mahayana Buddhism that was established in China about 1500 years ago. Zen is a form of religious practice of mainly concentrating the mind to a single point in which then results in self-realization and/or enlightenment. Zen philosophy is interpreted that all humans are capable of reaching enlightenment, which is generally blocked by ignorance. The idea emphasizes enlightened masters over forms of scriptures, and is the least â€Å"academic† of all the Buddhist schools. The beliefs and traditions Zen Buddhism holds has been very influential on western society, which makes Zen one of the most well known school of Buddhism in America. The main ideas†¦show more content†¦Zen Buddhism has a reputation for being unfathomable or an incomprehensible type of religion. Much of that reputation is derived from koan practice. Buddhist priest Myoan Eisai introduced Zen in Japan in 1191 after receiving a certification as a Zen teacher in China, as a disciple of Xuan Huaichang. Along with his certification, Eisai also brought Zen scriptures and tea seeds in which he used when immediately opening the first Zen temple in Japan. Rinzai and Soto are the two sub divisions of Zen, and are the two largest Zen sects in Japan today. Rinzai was brought to Japan by Eisai in the 12th century and focuses on sudden enlightenment. This practice believes that unless one awakens the absolute, Rinzai will have no effect. Rinzai master Hakuin used koans, a puzzling or para doxical story or statement for aid in meditation. The most well known koan, â€Å"what is the sound of one hand clapping?† was created by Hakuin Ekaku. Koan, literally meaning â€Å"public cases† is one of the most familiar and distinctive elements of Zen Buddhism. It refers to mysterious and often shocking spiritual expressions, most cases in forms of riddles, based on encounters between masters and disciples of the tradition used as â€Å"pedagogical tools for religious training in the Zen (Ch’an) Buddhist tradition† (Wright 3). Most classic koans are derived from the T’ang dynasty China. Kung-an, the Chinese pronunciation of koan, is a case which establishes aShow MoreRelatedTaking a Look at Zen Koans522 Words   |  2 PagesZen koans serve the purpose of taking one beyond thinking into dethinking. It is a tool to separate the enlightened from others. The enlightened will make the connection instantly, like a fluid moment, since it is their nature. However, one is not enlightened will have to pause, and like the archer or swordsman seeking to gain mastership, will repetitively turn their mind to the k oan. While koans are usually riddles, or questions, the answers to them are insignificant. What is significant is theRead MoreThe Four Noble Truths of Buddhism1018 Words   |  4 Pageswhy a koan might help a person during meditation. A koan helps during meditation because it cuts through some of the mental clutter, which causes the mind to cling to mundane issues. Intead, the person focuses on pure awareness. The koan also jolts the persons mind awake and aware, because the paradox or puzzle makes the person think in unconventional ways. Instead of using the typical parts of the brain used in daily life, the koan encourages more expansive states of mind. Essentially, koans areRead MoreZen Buddhism Essay1202 Words   |  5 Pagesby Dogen, the illegitimate son of two aristocratic parents. Dogen was also a Tendai monk who became disillusioned with the faith, so he turned instead to the teachings of Eisai. After realizing that he wasnt fond of the emphasis Eisai placed on koans—Zen anti-riddles, meant to propel one into enlightenment—he moved on to Caodong monasteries, where he found himself to be quite impressed with the Caodong way of thinking. Upon hearing the Zen master berating a novice for falling asleep while meditatingRead MoreCompare And Contrast : Dogen And Hakuin1419 Words   |  6 Pagesbecame ordained at thirteen, and then became student of Eisai’s disciples, Myozen (1184-1225). Another master was Hakuin Ekaku (1686-1769), Ordained at fourteen and given the name Ekaku which means â€Å"Wise Crane†. Hakuin is known for revitalizing the koan practice of the Rinzai School, which focused on â€Å"observing the key word†. Dogen founded the Soto school of Buddhism in Japan, which stressed silent sitting and a gradual path to enlightenment. Hakuin was a major critic of Soto Zen and believed thatRead MoreZen And Pure Land Buddhism1470 Words   |  6 Pagestraining that shows how it is different from normative Japanese Tendai and Darumashu practice. Dogen goes to China and brings back Caodong transmission. He later moved to a remote location off the coast of Japan and setting up shops. Dogen used Koan s but his style leaned more towards a commercial style instead of the Kanna style. In some cases, the Five Mountains temples became the center of learning for the study of neo-Confucian metaphysics, Chinese poetry, and calligraphy, material arts suchRead MoreFinding A Middle Way Between Zen And Pure Land Buddhism1692 Words   |  7 Pagescompassion and kono-mama or sono-mama (isness or suchness). 2. The Role of Language Zen’s school of thought in the context of language is seen through jiriki (self-power). The koan, one of the foundations of Zen learning, uses its approach by believing that one must embody and realize the koan (Shinran 139). Realizing the koan means to comprehend and embody Zen meditation completely. The goal of Zen Buddhism is to look towards the future, searching to attain satori (awakening). Through jiriki nembutsuRead MoreZen And Pure Land Buddhism1584 Words   |  7 Pagescompassion and ono-mama or sono-mama (isness or suchness). 2. The Role of Language Zen’s school of thought in the context of language is seen through jiriki (self-power).The koan, one of the foundation of zen learning, uses its approach by believing that one must embody and realize the koan (Shinran PG#). Realizing the koan means to comprehend and embody Zen meditation completely. The goal of Zen Buddhism is to look towards the future, searching to attain satori (awakening). Through jiriki nembutsuRead MoreBuddhism : The True Reality Of Reality And The Achievement Of Enlightenment1478 Words   |  6 Pagesshows them how to think or what not to think. Zen Buddhism is about showing true reality and having direct contact or glimpses of it rather than just saying what reality is. Some teachings of Zen emphasize unsolvable riddles or questions known as Koans, which a student attempts to rationalize and think about, however, they have no official solution. They cannot be solved through thinking (Suzuki, 1934). Even though Zen is criticized for speaking a lot beca use of so many of these anecdotes, they areRead MoreSimilarities Between Sherlock Holmes And Buddhism1481 Words   |  6 Pagesits discursive use is incapable of knowing and understanding in toto what reality is† because of this â€Å"paradoxes, contradictions, and even what appears to be utter nonsense abound in Zen literature† (Nagatomo, 2006). The aim of these paradoxes, or koans, is to â€Å"bring objective logic to a deadlock† (Nakamura, 1985). It is not only Zen that shares these somewhat â€Å"anti-logic† beliefs as even Mahayana and Theravada Buddhism do not strongly favour â€Å"intellectual speculation,† even though â€Å"rational thoughtRead MoreThe World Of The Buddha1381 Words   |  6 Pagesof each other, two Japanese monks, Eisai (1141-1215) and Dogen (1200-53), went to China, where they trained respectively in the Linji and Zaodong schools of Chan (Davids 112). These they then introduced into Japan. Rinzai emphasizes the use of th e koan, a mental stumbling block or riddle that the meditator must solve to the satisfaction of his master. Soto lays more stress on seated meditation without conscious striving for a goal, or zazen. Both schools fostered good relations with the shoguns and

The Connectio Between Animal Cruelty And Human Violence Essay Example For Students

The Connectio Between Animal Cruelty And Human Violence Essay Word Count: 1452 Animal cruelty encompasses a range of different behaviors harmful to animals, from neglect to malicious, brutal killings. Studies show that animal cruelty may lead to more serious forms of crime, like heavy drug use, violent outbursts, and most common, cold blooded murder. Many studies in psychology, sociology, and criminology during the last twenty-five years have demonstrated that violent offenders frequently have childhood and adolescent histories of serious and repeated animal cruelty. A web page that goes by the name Animal Alliance says most cruelty investigated by humane officers, is unintentional neglect, and can be resolved through education. (3) I was slightly shocked when I saw this comment. Anyone who puts an animals life in their hands, has a responsibility to it. You dont just forget to feed him/her, or forget to show them love unless it is intentional, it get so much worse, though. These people arent just forgetting to feed their pets, or give them attention, theyre kicking and beating them, poisoning and butchering these poor creatures, and what makes me sick to my stomach, is that some of these people do it for fun!! I recently ran across a link to a web page that contained a online petition to put a cats killers to justice with maximum sentence. This is the article I found on this brutal torture of an innocent creature. ***WARNING*** (graphic details) On October 10, 1999, a beautiful female cat came willingly to the four boys who stopped on the side of the road and called to her. Her trust was rewarded by unthinkable terror and cruelty being used as a tug-of-war toy until the boys heard something pop, having her legs broken, being jumped up and down on like a trampoline. Even when her pitiful battered body was mercifully dead, her suffering was not at an end. The boys then placed her ravaged body under the wheel of their car, braking over her, as they drove off to find other amusement. Once the Chesapeake Animal Control conducted their investigation and performed a necropsy, criminal charges were filed against 3 of the 4 boys involved. If these charges are found to be accurate, these boys are not only in violation of the laws of the State of Virginia, but are also in need of immediate psychiatric intervention. (1)*** Another horrific article I ran across was even worse. It was about a dog who to was also a victim of rancid brutality. Here is that story. ***WARNING*** (graphic details) Jose, Marcus, Richard and Lance are accused of obtaining a video camera, pressing the record button, luring Scruffy from his home, and then torturing and killing him in an unspeakably monstrous act of cruelty. In the videotape that the police and media have in their possession, four men are shown torturing and killing Scruffy in lurid detail. The quality of the tape is very good, and the police have been able to obtain photographs of the men in the tape. In this tape, one of the four men is shown to elevate Scruffy off the ground by the neck, and then begin this horrific abuse by choking him. This 6 pound little dog did not have a fighting chance against these men. Scruffy, still alive, was then placed in a trash bag. The four men shown in the tape then doused the trash bag with what appeared in the video to be lamp oil, took a cigarette lighter, and set Scruffy on fire. Scruffy, at this point in the video, began to run wildly in pain and agony around the trees while the four men watched and laughed. When the flames finally went out, Scruffy was still alive, but his torture was not over. Next, the men decided to try to decapitate Scruffy with a shovel. After slamming the shovel into Scruffys neck and not being able to attain their goal, they realized that Scruffy was more of a fighter than they had expected. .u78c2da88a6364ddd099b1c7765fead5f , .u78c2da88a6364ddd099b1c7765fead5f .postImageUrl , .u78c2da88a6364ddd099b1c7765fead5f .centered-text-area { min-height: 80px; position: relative; } .u78c2da88a6364ddd099b1c7765fead5f , .u78c2da88a6364ddd099b1c7765fead5f:hover , .u78c2da88a6364ddd099b1c7765fead5f:visited , .u78c2da88a6364ddd099b1c7765fead5f:active { border:0!important; } .u78c2da88a6364ddd099b1c7765fead5f .clearfix:after { content: ""; display: table; clear: both; } .u78c2da88a6364ddd099b1c7765fead5f { 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; } .u78c2da88a6364ddd099b1c7765fead5f:active , .u78c2da88a6364ddd099b1c7765fead5f:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u78c2da88a6364ddd099b1c7765fead5f .centered-text-area { width: 100%; position: relative ; } .u78c2da88a6364ddd099b1c7765fead5f .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u78c2da88a6364ddd099b1c7765fead5f .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u78c2da88a6364ddd099b1c7765fead5f .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; } .u78c2da88a6364ddd099b1c7765fead5f:hover .ctaButton { background-color: #34495E!important; } .u78c2da88a6364ddd099b1c7765fead5f .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u78c2da88a6364ddd099b1c7765fead5f .u78c2da88a6364ddd099b1c7765fead5f-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u78c2da88a6364ddd099b1c7765fead5f:after { content: ""; display: block; clear: both; } READ: College Dorms Essay The men then opened Scruffys mouth and began to pull his jaws apart, as if trying to rip his face in two. Using the shovel in place of a club, the men then beat Scruffy until his tiny body gave out, and he died. Throughout the videotape the four men are all shown laughing and having a good time as they are carrying out these unspeakable tortures. (1) *** After I read these stories I was disgusted, revolted, down right sickened by the realization that these men needed to be

Experience free essay sample

Wouldn’t it have been easy for a well-off, suburban boy like me to go to a well-off, suburban high school, hang out with other well-off, suburban boys, and believe that the world is full of the happiness and sunshine of my stable suburbia? Yeah, but that isn’t the path I’ve taken in my life. I grew up in a world that most people would consider pretty solid: good relationships with family and friends, safe house to live in, food always on the table, along with countless other blessings. When choosing where to attend school for seventh grade, I was drawn to my school for its emphasis on faith, along with its use of technology being such a large part of the curriculum. By the time I graduate in June, I will have learned a whole lot more in the last six years than just how to do cool things on a computer, or how to pray most effectively. We will write a custom essay sample on Experience or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page I will have learned how to relate to people from all different backgrounds, appreciate the blessings in my life, and empathize with people of all sorts. The halls of my school are filled with all types of people imaginable: well-off, suburban kids like me, kids from low-income families trying to get a better education than what is offered in the city, Chinese and Korean exchange students, getting their education a long ways from home, and refugees from impoverished and at war countries in Africa. By attending my school, I have been able to interact with people from every social class on a day-to-day basis; those who are very rich to those who are very poor. There is not a day that passes that I am not reminded how blessed I am to have what I have and be who I am. This is my story. This is my life. This is who I am. Maybe I haven’t saved the world, or had a massive tragedy in my life. Maybe I was lucky to be brought up in a home with two, loving parents. Maybe I’m lucky to be living in the same area as where I was born. But every day I interact with people who haven’t been so lucky, and I learn from them. Since I was a young, naive seventh-grader I have witnessed firsthand not only my growth at school, but also the growth of my peers. Around 20 of my classmates who have attended school for as long as I have, six years, will graduate with me in June. This is a long time to spend in such a diverse melting pot, and the time has been well spent. I have been able to learn things about people much different from myself, things I never would have been able to learn if I had kept myself locked up under the rainbows and sunshine of my stable suburbia. I have learned that I am able to empathize with people very different from myself, who are experiencing very different things from what I have ever experienced. I have learned that I am able to make friends with people whose lives have been very unlike mine, because although someone may be different on the surface, a human being will always be a human being. I think my experiences at my school give me an advantage that few others have, and that is being able to truly relate with a wide variety of people. I believe this skill will allow me to be successful wherever I end up, because this world is a connected world, and to be truly successful I will need to be able to relate to all people on this now very small planet. My story may not be world-saving or heartbreaking, but it is who I am, and I believe it will allow me to succeed in this diverse and ever-changing world.

Forest Succession Stages and Maturity

Forest Succession Stages and Maturity Successional changes in plant communities were recognized and described well before the 20th century. Frederick E. Clements observations were developed into theory while he created the original vocabulary and published the first scientific explanation for the process of succession in his book, Plant Succession: An Analysis of the Development of Vegetation. It is very interesting to note that sixty years earlier, Henry David Thoreau described forest succession for the first time in his book, The Succession of Forest Trees. Plant Succession Trees play a major role in creating terrestrial plant cover when conditions develop to the point where some bare-ground and soil is present. Trees grow alongside grasses, herbs, ferns, and shrubs and compete with these species for future plant community replacement and their own survival as a species. The process of that race toward a stable, mature, climax plant community is called succession which follows a successional pathway and each major step reached along the way is called a new seral stage. Primary succession typically occurs very slowly when site conditions are unfriendly to most plants but where a few unique plant species can catch, hold, and thrive. Trees are not often present under these initial harsh conditions. Plants and animals resilient enough to first colonize such sites are the base community that kick starts the complex development of soil and refines the local climate. Site examples of this would be rocks and cliffs, dunes, glacial till, and volcanic ash. Both primary and secondary sites in initial succession are characterized by full exposure to the sun, violent fluctuations in temperatures, and rapid changes in moisture conditions. Only the hardiest of organisms can adapt at first. Secondary succession tends to happen most often on abandoned fields, dirt, and gravel fills, roadside cuts, and after poor logging practices where disturbance has occurred. It can also start very rapidly where the existing community is completely destroyed by fire, flood, wind, or destructive pests. Clements defines the succession mechanism as a process involving several phases when on completion is called a sere. These phases are: 1.) Development of a bare site called Nudism; 2.) Introduction of living regenerative plant material called Migration; 3.) Establishment of vegetative growth called Ecesis; 4.) Plant competition for space, light, and nutrients called Competition; 5.) Plant community changes that affect the habitat called Reaction; 6.) Final development of a climax community called Stabilization. Forest Succession in More Detail Forest succession is considered a secondary succession in most field biology and forest ecology texts but also has its own particular vocabulary. The forest process follows a timeline of tree species replacement and in this order: from pioneer seedlings and saplings to transition forest to young growth forest to mature forest to old growth forest. Foresters generally manage stands of trees that are developing as part of a secondary succession. The most important tree species in terms of economic value are a part of one of several serial stages below the climax. It is, therefore, important that a forester manage his forest by controlling the tendency of that community to move toward a climax species forest. As presented in the forestry text, Principles of Silviculture, Second Edition, foresters use silvicultural practices to maintain the stands in the seral stage that meets societys objectives most closely.

The kurdish language Research Paper Example | Topics and Well Written Essays - 1250 words

The kurdish language - Research Paper Example However, the Kurdish language is independent since it has its distinct grammatical system, continuity, rich vocabulary and an independent historical development. The language is based on an ancient language known as Proto Kurdish or Median. Despite the diversity of the Kurdish language, its dialects are classified into three key dialects - Southern Kurdish dialects, Central Kurdish and Northern Kurdish dialects also known as Kurmanji or Badinadi. The Southern dialect is referred by some groups as Pahlawnik or Pehlewanni while the Central version is also known as Sorani. Additionally, there are two other core branches of the Kurdish language known as Hewrami or Gorani and Dimili or Zaza. Different sources cite different names for these groups of the Kurdish language. The two groups of the Kurdish language are then further subdivided into more groups of other different dialects. The Kurdish language classification is not standard as there are many other languages that have been connected to the Kurdish group of dialects such as the Lurri group, which according to certain linguistic sources, cites the Lurri group as being part of the Indo Iranic languages from the South West. However, even though Lurri/Luri is comprised of numerous Kurdish words, the link between the other Kurdish language and the Lurri group remains contentious. According to Boulden, there is no one form of classifying the groups of the Kurdish dialects since native linguistics have agreed that the dialects are founded on the way the dialect sounds when spoken in relation to another dialect. That is why for example, Sorani speakers call Gorans, who speak Gorani as Mecu Mecu and call the Badinadi speakers Ji Babu. The Gorans in turn call Sorani either Wawa or Kurkure. The Dimili dialect is referred to by the Badinani speakers as Zaza unlike the Dimili speakers who refer to it as (Dimili), which is mainly due to the use of the Z sounds in the pronunciation of the

Multicultural Experience Assignment Example | Topics and Well Written Essays - 750 words

Multicultural Experience - Assignment Example I am a young white woman who has disbelief in religion and God. I visited a black church, Mount Zion Nashville recently in order to learn more about the communication and cultural traits of the African community in America. â€Å"Black Churches are one of the few institutions in America that brings many African-Americans together across demographic and socioeconomic lines†. This paper Analyzes the effect of group influence on the self especially in a multicultural environment taking into the account of my experience at Mount Zion Nashville church. I had the lot of concerns about how the black community may welcome me, before going to their church. Even though slavery is abolished by law in America, still many of the blacks believe that slavery is appearing in America in different forms now. Because of such beliefs blacks normally keeps some reservations while mingling with the whites. So, I visited the black church with a half-hearted mind. But to my utter surprise, the black community in the church welcomed me warmly and many of them gathered around me in order to convey their warm regards. The visit of a young woman like me to their church treated as an honor by many of the blacks. Even though different black ethnic groups were present in the church, none of them try to dominate in any of the church activities even though they are not so outside the walls of the church. Earlier, I thought that the activities in black churches might reflect their crazy lifestyles in the society. But I have noticed that the entire blacks, and a few whites who attended the mass, remain calm and focused in their communication with the God. â€Å"The opportunity of learning from others and viewing the world through the worldview of the other has been an eye-opening experience for† me.

Evaluating Compliance Strategies Essay Example for Free

Evaluating Compliance Strategies Essay The compliance process is critical when it pertains to the billing and coding process. It is imperative for Medical Insurance Specialist to remain current on the patient’s participation in contract as well as the medical insurance policies, so there will not be any billing errors. Maintaining a communication with the payer will also prevent billing errors. Such regulations and laws are in place for to protect the patient’s financial state, prevent errors of billing and coding, and to link procedures and diagnoses correctly. Becoming knowledgeable of the billing rules should also help prevent billing errors as well. In this assignment, I will discuss how important it is for medical staff to be knowledgeable of the billing and coding compliance strategies. The first strategy to compliance is to carefully define bundled codes and know global periods. This is important, medical insurance specialist must be knowledgeable of what global periods are for surgical procedures and what specific procedure is included in the bundled codes. The second strategy is to benchmark the practice’s E/M codes with national averages. This strategy helps when conducting comparisons with the national averages, because it helps to monitor upcoding. The third strategy is the use of appropriate modifiers. This strategy helps prevent double billing or unbundling. Modifiers such as -25, -59, and -91 are most important when billing in compliance. The fourth strategy is becoming clear on professional courtesy and discounts to uninsured/low income patients. Unfortunately, providers can no longer provide professional courtesy to patients per OIG’s Compliance Program Guidance for Individual and Small Group Physician Practices. However, if the patient may qualify for discounts if they are either uninsured or has low income. According to textbook Medical Insurance: An Integrated Claims Process Approach, â€Å"The practice’s method for selecting people to receive discounts should be documented in the compliance plan and in its policies and procedures information (Valerius, 2008). Lastly, maintaining a compliance job reference aid and documentation template can help with compliance. In other words, having a cheat sheet of commonly used CPT codes or diagnoses codes could help smooth the billing process. There are establishments in place to ensure that there is correct and appropriate coding. Programs such Medicare’s national Correct Coding Initiative (CCI) Policy Manual for Medicare Services provide manuals to help correct improper coding when billing for Medicare services.

Racism Revealed: Hurricane Katrina Essays -- Personal Essays Natural D

Hurricane Katrina struck the city of New Orleans, Louisiana on August 29th, 2005. The events that followed would leave the whole nation in shock until this day. One of the major topics of discussion after this disaster was whether or not the government's slow reaction time had anything to do with the fact that New Orleans is sixty-seven percent African American. As helicopters circled a wasteland that was once a major tourist attraction, the racism of the Deep South, thought to be extinct, proved it was only dormant. The same racism against African Americans that could be seen on Bourbon Street in the months prior to the hurricane reared its ugly head once more in Gretna, LA and was pointed out on live television by rapper Kanye West. In February of 2005, Georgian Southern University student Levon Jones died of suffocation after being detained on the ground by three white bouncers at a Bourbon Street bar. Black leaders have blamed Jones' death on the widespread racist policies in the French Quarter." Their claims are based on a survey sponsored by the city of New Orleans in which it was revealed that fifteen of twenty-nine Bourbon Street bars "discriminated against Blacks by charging phony cover charges, gouging on drink prices and enforcing unequal dress codes." Almost five months after Jones's death, the National Association for the Advancement of Colored People (NAACP) held a march to protest the racist policies of business owners in the French Quarter. This proves that racism against African Americans did exist in New Orleans prior to Hurricane Katrina. After Hurricane Katrina was done wreaking havoc on the Gulf Coast, victims of the hurricane from New Orleans sought food and shelter in the neighboring to... ...cuation Route." Nicholas Riccardi. September 18th, 2005 pg. 25 Document URL: http://proquest.umi.com/pqdweb?index=0&did=898116091&SrchMode=1&sid=3&Fmt=3&VIns t=PROD&VType=PQD&RQT=309&VName=PQD&TS=1128370496&clientId=10762 Proquest Document ID: 898116091 3. Chicago Tribune. "Racism charge in slow flow of relief supplies." September 6th, 2005 pg. 9 Document URL: http://proquest.umi.com/pqdweb?index=0&did=892613891&SrchMode=1&sid=6&Fmt=3&VIns t=PROD&VType=PQD&RQT=309&VName=PQD&TS=1128370816&clientId=10762 Proquest Document ID: 892613891

Female Foeticide

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