Behaviorism Theory

Behaviorist theorists believe that behavior is shaped deliberately by forces in the environment and that the type of person and actions desired can be the product of design. In other words, behavior is determined by others, rather than by our own free will. By carefully shaping desirable behavior, morality and information is learned. Learners will acquire and remember responses that lead to satisfying aftereffects. Repetition of a meaningful connection results in learning. If the student is ready for the connection, learning is enhanced; if not, learning is inhibited. Motivation to learn is the satisfying aftereffect, or reinforcement.Behaviorism is linked with empiricism, which stresses scientific information and observation, rather than subjective or metaphysical realities. Behaviorists search for laws that govern human behavior, like scientists who look for pattern sin empirical events. Change in behavior must be observable; internal thought processes are not considered. Ivan Pavl ov's research on using the reinforcement of a bell sound when food was presented to a dog and finding the sound alone would make a dog salivate after several presentations of the conditioned stimulus, was the beginning of behaviorist approaches.Learning occurs as a result of responses to stimuli in the environment that are reinforced by adults and others, as well as from feedback from actions on objects. The teacher can help students learn by conditioning them through identifying the desired behaviors in measurable, observable terms, recording these behaviors and their frequencies, identifying appropriate reinforcers for each desired behavior, and providing the reinforcer as soon as the student displays the behavior.For example, if children are supposed to raise hands to get called on, we might reinforce a child who raises his hand by using praise, â€Å"Thank you for raising your hand. † Other influential behaviorists include B. F. Skinner (1904-1990) and James B. Watson (18 78-1958). Cognitivism/Constructivism Cognitivists or Constructivists believe that the learner actively constructs his or her own understandings of reality through interaction with objects, events, and people in the environment, and reflecting on these interactions.Early perceptual psychologists (Gestalt psychology) focused on the making of wholes from bits and pieces of objects and events in the world, believing that meaning was the construction in the brain of patterns from these pieces. For learning to occur, an event, object, or experience must conflict with what the learner already knows. Therefore, the learner's previous experiences determine what can be learned. Motivation to learn is experiencing conflict with what one knows, which causes an imbalance, which triggers a quest to restore the equilibrium.Piaget described intelligent behavior as adaptation. The learner organizes his or her understanding in organized structures. At the simplest level, these are called schemes. Whe n something new is presented, the learner must modify these structures in order to deal with the new information. This process, called equilibration, is the balancing between what is assimilated (the new) and accommodation, the change in structure. The child goes through four distinct stages or levels in his or her understandings of the world.Some constructivists (particularly Vygotsky) emphasize the shared, social construction of knowledge, believing that the particular social and cultural context and the interactions of novices with more expert thinkers (usually adult) facilitate or scaffold the learning process. The teacher mediates between the new material to be learned and the learner's level of readiness, supporting the child's growth through his or her â€Å"zone of proximal development. † Behaviorism Posted in Behaviorist Theories, Paradigms and Perspectives | 0 comments Summary: Behaviorism is a worldview that operates on a principle of â€Å"stimulus-response.†All behavior caused by external stimuli (operant conditioning). All behavior can be explained without the need to consider internal mental states or consciousness. Originators and important contributors: John B. Watson, Ivan Pavlov, B. F. Skinner, E. L. Thorndike (connectionism), Bandura, Tolman (moving toward cognitivism) Keywords: Classical conditioning (Pavlov), Operant conditioning (Skinner), Stimulus-response (S-R) Behaviorism Behaviorism is a worldview that assumes a learner is essentially passive, responding to environmental stimuli.The learner starts off as a clean slate (i. e.  tabula rasa) and behavior is shaped through positive reinforcement or negative reinforcement. Both positive reinforcement and negative reinforcement increase the probability that the antecedent behavior will happen again. In contrast, punishment (both positive and negative) decreases the likelihood that the antecedent behavior will happen again. Positive indicates the application of a stimulus; N egative indicates the withholding of a stimulus. Learning is therefore defined as a change in behavior in the learner. Lots of (early) behaviorist work was done with animals (e. g. Pavlov’s dogs) and generalized to humans.

Jack Kerouac’s On The Road

The ideas presented in the novel about life, beliefs, different feelings, and the kind of harassers depicted shaped America's youth culture for decades and the book became a sort of icon for this generation. On the Road provoked a change in the consciousness of the country. As Kerouac friend, William Burroughs, wrote, â€Å"It sold a trillion Levies, a million espresso coffee machines, and also sent countless kids on the road† (Change, 2007). Moreover, Kerouac book was also used as a gulled for several people In their road trips.In this essay, I will try to examine the way in which On the Road gives voice to the new social attitude which emerged after the publication of the book and it is known as the ‘beat' generation. The novel seems to promote a series of revolutionary values against the official conventions of America. In this way, traditional family values of responsibility, morality, religious ideas and working hard -as the family portrayed in Capote's In Cold Bloo d- are oppositely represented in the novel. Dean Mortality refuses to assume the social responsibilities that society imposes upon him.He Is with two women at the same time, so he Is not faithful to his wife. Moreover, he leaves his wife and children and goes on the road without worrying about their welfare. He Is very Irresponsible and because of him many people suffer. An example to Illustrate this would be noon have absolutely no regard for anybody but yourself and you damned kicks†¦ † (Kerouac, 1972: 182). Besides, both Dean and Sal are always short of money but they do not care about it and go on the road anyway. They do not have a permanent Job or work hard to keep the Jobs they get in some cities they arrive.Although, Sal writes book and tries to sell them, he is always has to ask her generous aunt to send him money. Then, both Dean and Sal have another philosophy of live, they want to have fun without responsibility and they do not care about American rotational v alues. Therefore, the novel presents a detachment from the American conventional society. This detachment from American traditional values created a new social attitude, depicted in Kerouac novel, which showed restlessness and dissatisfaction.The These people were idealistic and yearn for something more than the conformity of a prosperous society, which had became flourishing after the World War II to turn into one of the most powerful countries in the world. In the novel we can see how the characters go on the road because they are not satisfied with their lives and desire to get freedom. In that way, we can see the road as an open path which gives freedom as well as thrill of movement. With these Journeys, the characters also reflect the Joy of being young and alive, with no money in their pockets but no obligation either.A part from traveling, characters seem to vindicate the use of drugs, drink, sex, and music since these are the most characteristic things of their trips. These also help them in the search of the release they are looking for. Moreover, crossing the country in that way was only possible because at that time there were many motorways due to the prosperity of the country and cars began to e accessible for more people. In the novel, we can see how the car represents the consumer society of the time and how the characters do not fit into it.For instance, Sal made his first travel to the West by hitchhiking because he does not have money. Later, in another travel, Dean bought a new car -although he does it with all the money he had saved, leaving his wife without anything. This is something very important because for them the car is their dream of freedom. They can go wherever they want without depending on anybody, that is, without hitchhiking. However, when Dean picks up Sal for the first time with his new car, Sal realizes that it was already broken: â€Å"The radio was not working.It was a brand-new car bought five days ago, and already it was broken† (Kerouac, 1972: 111). In addition, we can also see this consumption in other aspects such as when Sal goes to the opera and wears a friend's suit. He feels on the top of the world (Kerouac, 1972: 51). Another aspect that we can see in the novel is that Dean and Sal go on the road since they yearn for new experiences which can contribute to their personal development as individuals. For them, life is a process and they want to find its meaning.They do not stop moving because they feel the necessity to do so. Several examples to illustrate this can be â€Å"we were performing our one and noble function of the time, move† (Kerouac, 1972: 127); â€Å"the road must eventually lead to the whole world† (Kerouac, 1972: 216). Traveling on the road also gives the characters self- knowledge and even maturity. Then, moving seems to be a necessary tactic for survival. This is connected with the fact that the real Journeys turn to be inward journeys for each charac ter. This is better seen in Sal Paradise.He seems to be searching for something since his Journeys are like quest for values or beliefs. He mess to get it while he is on the move, but the moment he stops, he wants to come back. He does not find what he is looking for. For instance, the first time he arrives San Francisco, after having wished going to the west a lot, he feels lonely and he wants to come back. He does not find the ‘paradise' he was looking for and so he has to keep moving. Society. He feels lonely, restless and depressed. He is also afraid of falling in love: â€Å"a girl like that scares me† (Kerouac, 1972: 214).He described himself as â€Å"l like too many things and get all confused and hung-up running from one falling star to another till I drop† (Kerouac, 1972: 120). It seems that Sal is disappointed about America. When he arrives at San Francisco he realizes that the continent is not big any more, there is a limit: â€Å"we can't go any fart her 'cause there anti no more land† (Kerouac, 1972: 161). Or when he tries to sit on the banks of the Mississippi River he cannot because the access is blocked with a fence (Kerouac, 1972: 141).The freedom and well-being he is looking for at first is represented by the West, which is also a symbol for future, prosperity and renovation. It is also associated with the traditional idea of the American Dream. On the other hand, the East is considered old, stagnant, intellectual, and he does not want to belong to that. The more Sal is reaching west, the best he feels: † it was getting better as I got deeper into Iowa† (Kerouac, 1972: 20). Therefore, there are two sides of everything: American West which can either fill the spirit and be the epitome of loneliness.It all depends on his emotional state. This view changed as long as Sal has grown as a character. He learns that East is also sweet (Kerouac, 1972: 222) and that there is wilderness in the East too. He becomes s trong, confident and in love. On the contrary, we cannot see this self-development in Dean and maybe that is the season why towards the end of the novel there is a detachment between both characters. Their positions have changed. Dean is incoherent and lost. However, the character of Dean Mortality became a sort of hero for this generation.Dean's arrival put everything into motion. He is full of energy, very masculine; he has impulsive passion; he represents what Sal is not. He symbolizes the pioneering instinct, the spirit of the west, idea of moving west to get freedom. So he is the personification of Gal's dream of the west. At the beginning he is seen as a sort of prophet (Kerouac, 1972: 38) but this is broken towards the end. As I said before, he is very irresponsible, even a con-man and almost a delinquent as he stole cars Just for fan.Victor, the Mexican man, is the first man to refuse Dean's attempt to follow him onto the road. His moral obligations to his wife and child are clear to him. He represents the morality Sal is in search of. Therefore, although the novel seems to celebrate the character of Dean Mortality, he is a questioned hero. To conclude, I have been talking about how Jack Kerouac On the Road inspired a new cultural phenomenon, which was known as the ‘beat' generation. I have pointed UT what I think the most relevant evidences are to show the way the book presents this new social attitude.

Principle of Tourism 2

. Transportation Tourism Attractions TOUR OPERATORGOVERNMENT Accommodation and Food and Beverage Transportation Travel Agency 2. ? 1950, there are 25 million tourist arrivals around the world? 2007 to 903 million in? Forecasted by 2010 1 billion? Forecasted by 2020 1. 6 billion by 2020. 3. ? The World Bank 2005 estimates, 1. 4 billion people are living in the poverty line.? New threshold for extreme poverty using the 2005 prices is now pegged at $1. 25.? The multiplier effect is experienced on other industries like handicrafts, agriculture, fisheries and transport. 4. Acts as intermediaries for the customers. They broker on behalf of the tourist from accommodation to tour operators. They receive commissions from their suppliers such as hotels, food and beverage establishments and tour operators as well as earn their revenues from their principal (customers). 5. ? Business travelers? Leisure travelers? International travelers. 6. ? The concept of travel agency started in 1841, when Th omas Cook (father of travel agencies) signed up 570 people to accompany him to a packaged travel from Leicester to Loughborough that included board and lodging arrangements. . ? Miniples ? Similar businesses to independents but they have more branches and usually a head office in a local area ? The different branches may trade under different names ? Other small independents may be bought up and added to the miniple 8. ? Multiples ? Private companies usually with a high street presence in most UK towns and cities ? Part of large organisations which trade in other areas of travel and tourism ? Many customers attracted by large discounts 9. Independent ? These are private companies that have one or a few branches, often close to each other. ? Cater to a niche market. ? Rely on repeat business from satisfied customers 10. ? Mega travel agencies, as the name denotes is based on their size and scope. These are large travel agencies that own and control all aspects of their operations. Th ey provide complete travel services that include transportation, accommodation and others related to the needs of their clients. 11. Consortiums are group of travel agents who formed an association to maximize buying power and sharing of technology.? Independent travel agencies are small-scale businesses that cater to a specific niche like corporate travel services or specialized travel needs 12. ? The Philippine Travel Agencies Association (PTAA) was founded through the union of the national associations of the outbound travel agencies and inbound tour operators in 1979.? Founded to foster unity in the travel industry and to promote the welfare of its members and the travelling public as well. 3. ? Typically creates and combines products from the value chain of travel and tour. For example, the package created may include airline (transportation), Hotel (accommodation) and a tourism attraction all in one price.? Tour operators may sell these products to travel agencies who act as r epresentatives of the principal (customer). 14. ? The training program is designed to produce individuals who will guide DOT visitors by presenting the country in the best possible light in an interesting, intelligent & engaging manner.

Operations management and productivity slp Assignment

Operations management and productivity slp - Assignment Example Their unique strategies and consistent performance has given them a leading edge in its competition. Compared to its competition McDonalds is famous for providing its products very quickly and economically. Allowing people to stay away from the curse of standing and waiting in long lines. Also, McDonalds is famous for its product adaptation in other countries, in India initially people started protesting against McDonalds, as its products contained beef, so what McDonalds did to face this situation was to start introducing products that had mutton and white meat, and introducing a complete new product named "Maharaja Mac" only in India. â€Å"If I had a brick for every time I’ve repeated the phrase Quality, Service, Cleanliness and Value, I think I’d probably be able to bridge the Atlantic Ocean with them.† Ray Kroc, the founder of McDonalds (Mcdonalds.com, 2014). From what Ray says, its clear enough that McDonalds is famous for its services and value addition. Where ever you go, to a McDonalds restaurant, one will notice that the service rate of McDonalds is quite high than the other competitors, also one will notice that McDonalds provide a good environment for people to enjoy their quality time with their loved ones. Furthermore, McDonalds is famous for its high quality of customer services. Serving the customers with great care is one of the high priorities of McDonalds, and one can find such behavior in any McDonalds Outlet. For any business to stay ahead, in the competitive environment that it is facing, is a huge task. McDonalds is performing this task quite efficiently, as they promote product adaptation and provide their products on a relatively lower price. Furthermore McDonalds also provides different varieties for different people, based on age groups, occupation, and the region. Since it is the leader in its competition, it provides and has a lot more than what its competitors have. Basically, McDonalds focuses on high service

Health Issue Relate to Hispanic Essay Example | Topics and Well Written Essays - 500 words

Health Issue Relate to Hispanic - Essay Example Asides from this, the population faces more environmental hazards in comparison to other population. There various health promotion activities and community services that are aimed at improving health in this population. This essay discusses the health issues facing the Hispanic poplulation in America. To start with, heart disease refers to the broad spectrum of conditions and illnesses that impact on the heart. The prevalance to heart diseases is higher among the Hispanics owing to factors such as obesity, high cholesterol, tobacco, smoking and hypertension. Research has found that nearly 21 percent of the annual deaths in this population are caused by the heart disease (Vega et al., 2009). This has been made worse by the fact that most of the members of this population do not maintain a healthy diet. Cancer is the second issue that affects the Hispanic population. It has been observed that the most cancers that affect this population include stomach, rectum, breast and uterine or cervix cancer (Smith and Bradshaw, 2006). Lung cancer has been observed to be the leading cause of death among Hispanic men. In general, cancer contributes to 20% of deaths in this population yearly (Vega et al., 2009). It has been found that an active lifstyle and diet that contains antioxidants are cr itical in preventing the chronic illness. Another health issues affecting this population is stroke (Vega et al., 2009). This is widely caused by key factors such as smoking and high cholesterol that have been found to be prevalent among Hispanics. These factors also worsen the health issue in the population. It has been observed that another health risk facing this population is unintended accidents. This includes car accidents and fires. While these accidents impact on children and adults, teenagers have been found to be at the higher risk for these accidents. Based on the findings of a CDC report it is clear that 67

The objectives of improving Coca-Cola Company's Internal Business Assignment

The objectives of improving Coca-Cola Company's Internal Business Processes - Assignment Example The individual skills and the unique talents of the workers assist the institution in achieving the 2020 vision and the goals therein. The institution thus refers to them as associates due to them being the ambassadors of the company’s brands to the world. There is a close relation of motivating employees to the other targets that are part of the vision of the company by 2020 as a description in (Britain, 2015). The company motivation tactics abide with the objective of the company to make its premises a high place of work whereby people experience the inspiration to be the best. The employee motivation also relates to the achievement of the company’s portfolio in the performance of a list of beverages that are quality brands in the satisfaction of desires and consumer needs. The elevation of the employees also brings the attainment of the goal to be productive by being highly economical. The other relationship is as per the winning culture of the company whereby the company collaborates with genius minds and is in the leadership. A focus of the business to its employees ensures that its outlook for the market is possible to the satisfaction of the needs of the franchise partner. The employee motivation also results in them work ing smart that is a goal of the institution through the acting with urgency and retain an excellent response to change. The great relation to the company also lies in the core statement of the business that appreciates the company to be a brand that inspires passion, fun as well as optimism.

Repositioning Desktop Personal Computers Essay Example | Topics and Well Written Essays - 1250 words

Repositioning Desktop Personal Computers - Essay Example Desktop are more stable computing system (people can use it continuously for twenty four hours without perturbing stability of the system, processing speed and resolution is better than laptops) with respect to laptops and tablets. Companies use desktop as a working tool for employees. Desktop has seen a sudden fall in sales during 2000’s. Sales of personal computer in USA has touched nadir in the last quarter of 2011. Apple has revolutionized the concept of computing system by introducing iPad tablets. Buying behavior of the consumer has changed within last few years. Now they want to purchase on the go computing systems (easy to carry, light weight, systems with up to date applications). Laptops, smart phones and tablets are direct competitors of desktop. Students prefer to carry computer system with them to colleges or schools but they can not carry desktops. Bulky framework of desktop creates problems like lack of flexibility in carrying, lot of power consumption and lot o f space consumption. All these problems are absent in laptops, smart phones and tablets and for this reason young generation prefer them to use over traditional desktops. Repositioning of Desktop Desktop was a popular computing solution among consumers during early 2000’s. Repositioning for a particular brand can be done in nine ways. 1- Companies can increase the relevance of the product among customers, 2- They can increase occasions for use of the product and also need to increase benefits associated with the product, 3- Organization needs to create positioning massage of the product, 4- They need to make the brand more relevant with respect to demand of the customers, 5- The brand should be able to sale itself, 6- The brand should attract new customers, 7- Repositioning technique should make the brand contemporary by adding new features, 8- The brand should be able to differentiate from other competitors, 9- Repositioning should be able to counterbalance changing marketin g equilibrium by using unique selling proposition (Beri, 2007, p.473). Desktop computers need to use expectancy value model to formulate repositioning strategy. In expectancy value model emphasizes on attributes of product. According to this model, buyers assign value point on various attributes of a product and then summarize total points assigned on attributes. They purchase the product has larger sum of value points (FitzGerald, & Arnott, 2000, p.107). Desktop computers need to do real reposition to capture target market. Technical up gradation and addition of new application is required to create real reposition for the product. Companies need to change the design of desktop to attract new customers (Kotler, Haider, & Rein, 2002, p.55). According to the 2010 US Census, 63% of households with income of less than $50,000 have personal computers (desktop and/or laptops); 91% of the households having income of $50,000-$99,999; 96% of households with $100,000-$149,999; 97% of the hou seholds with income of $150,000 and more own personal computers; and, 68% of the households with income not reported have computers. Having children is also a factor to getting personal computers by households. In the same US Census, 84.1% of the households with children 6-17 years old have PCs; 79.3% of households with children not within the 6-17 range own home computers; and, 70.9% of the households

The History of Banking in the United States Research Paper

The History of Banking in the United States - Research Paper Example At its core, a bank, no matter at what place in history or where it is located, does the same thing: it deals with taking in, recording, and giving out money. It is ironic to note that, upon the celebration of the United States of America gaining their independence from England, there was no bank in existence in the former colonies. As colonies of England, they had fallen under the Bank of England, and used the British forms of money, as their legal tender (Rothbard 47). Far more common, however, was trade in the form of barter of items, such as beaver fur and wampum, as well as tobacco and rice (Rothbard 48). Called â€Å"commodity money†, it served the needs of the colonists during trade with each other, especially in outlying rural areas; however, an actual legal tender was needed, it was found, when trading in cities or in a foreign market with other countries. Thus the newly-formed states were forced to bring in money from other countries to act as their own currency; before long, Spanish doubloons competed alongside French, Portuguese, and Brazilian coins for tender (Rothbard 49). This controversy was solved when, in 1781, the Bank of North America was founded by Roger Morris in Philadelphia (Foster 176). As the first bank established on the new soil, its primary aim was to finance the American Revolution, as well as economize the use of cash. Its primary aim was to do this by using the money that it was paid by depositors as loans to others, often at two or three times the amount of cash on hand (Foster 176). It succeeded admirably in both areas, making loans to not only the government but private citizens, and was quickly followed by more banks. To stay out of the limelight of the raging debate of whether or not Congress had the power, under the Articles of Confederation, it procured a charter from the State of Pennsylvania, which was continuously renewed until the bank entered the national banking system (Foster 178). This bank was quickly followed by other banks, including the Bank of Massachusetts, established in 1784, the Bank of New York, also founded i n 1784, and the Bank of the Manhattan Company, founded by Aaron Burr under the disguise of a company that was to supply pure water to New York City (Foster 179). While all of this was going on, a debate was raging in the new Congress. Alexander Hamilton, Secretary of the Treasury, called for a national bank, stating it was needed to manage the government money and to regulate the credit of the nation (Johnson 7). Thomas Jefferson argued that there was no provision for a national bank in the U.S. Constitution, therefore it was not within the power of Congress to create one (Johnson 7). Hamilton, after lengthy discussions on the fact that the new government had created fiscal powers in the past, and therefore owed it to the people to exercise some control over them, won the argument and the First Bank of the United States was

The Present US Policy on Foreign Born Nurses Essay

The Present US Policy on Foreign Born Nurses - Essay Example As the report declares the present policy allows the foreign nurses to get a working visa in United States hospitals within an average of sixty days. The new policy will make the minimum working visa processing extended to the three years period. The new policy that will eventually affect doctors and technical workers is the result of the September 11 attack on the twin towers of New York and the White House. The longer waiting time for the foreign nurses will help the United States immigration department to scrutinize the application papers of these foreigners. This paper stresses that the advantages of the present US policy limiting the number of foreign workers has the following advantages: Only a selected few are admitted to the US workforce. Only those who pass the CGFNS and NCLEX and the Test of English as a foreign language plus they must have the necessary job experiences and educational requirements are most likely to be admitted to the United States. The job opportunities of the United States nursing workforce is not as much threatened. Only 4% of the total present nursing workforce is dominated by foreign nurses. There is a strong feeling among the a group of United States nurses that there is really no need to hire foreign nurses. Extending the time required to process a nurse working visa from six months to three years will make it similar to the time requirement of three years in other fields of study like engineers, doctors, among others.

Taxation Essay Example | Topics and Well Written Essays - 2500 words - 3

Taxation - Essay Example The Australian taxation of capital gains has been aligned with the international norms.1 A half of the capital gains that individuals realize on assets they have held for twelve months and more, the effective tax rate is half the rate charged on other forms of incomes. The different events or transactions that give rise to either a capital loss or capital gains are called capital gains tax events. A full gamut of these events exist, and some of them frequently occur and affect many individuals while others are not common and affect few individuals.2 The knowledge of the various types of capital gains tax events is imperative since it influences how an individual works out his or her capital gains or capital losses. In addition, it affects the timing of such capital losses or capital gains. In case there is the occurrence of more than one capital gains tax events, the one used is one that that is most specific to the situation.3 Therefore, among the capital gains tax events are: the destruction or loss, which may be involuntary or voluntary, of an asset; cancellation, redemption or surrender of shares; the disposal of depreciating assets that are wholly or partly used for private purposes; where an individual ceases to be a resident of Australia; w hen an entity enters into a conservation covenant; making of payments by a company to a shareholder; where financial instruments are declared to be worthless by a liquidator; where an individual makes a contract to stop working in a given sector for some agreed upon the period; where a trustee makes a non-assessable payment; compensation payment; and making payments to a business by a local council after destruction of its assets. However, it should be noted that subdivision of land does not give rise to a capital gains tax event but a sale of any of the subdivision gives rise to a capital gains tax event4. The benefits made give rise to a capital gains tax event. When capital gains are made from compensation made

Thai - Writing System Research Paper Example | Topics and Well Written Essays - 1000 words

Thai - Writing System - Research Paper Example One adds special markings to the main sign that makes the syllables have a different vowel and becomes an alphabet. Thai writing system is based on Brahmi script developed to write Siamese or Thai language. Thai script invention was attributed to King Ramkhamhaeng during his reign. Khmer had the possibility of influencing Thai alphabet. The oldest Thai writing dates from 1283. The pronunciation of letters in Thai script is restricted with complex rules where most letters represent similar sounds. The fact was that many sounds established in Indian languages were not categorized in the Thai language; therefore, the same letters came to represent similar sounds in Thai (Suthiwan 23). The phonological changes have made Thai language to combine different sounds into a single sound. The sounds of various Thai letters vary depending on where the letters occurs either on the start or the end of a syllable. The syllable can be ended by six consonants, including /k/, /m/, /p/, /t/, /ng/, and /n/. In Thai alphabet, the beginning of a syllable is represented by letter C- while at the end of the syllable represented by letter –C. In Thai language there are blue letters including L, H and M, below every phonetic value of the letters. The blue letters denote the class in which letters belong. Another feature of the Thai alphabet is that every letter is categorized into one of the classes including high, middle and low (Suthiwan 37). When the letter appears at the start of a consonant or the syllable ending, the inherent vowel is always left unpronounced. Extra marks and strokes are added around the essential letter in order to create a different vowel rather than the inherent. Loan words from Pali and Sanskrit are also examples of vowel markers and Thai letters. Thai is categorized as a tonal language such that the pitch is the important to the proper pronunciation of a syllable and how it sounds. There are five different tones in Thai including

Organizational Behavior in Criminal Justice Essay Example for Free

Organizational Behavior in Criminal Justice Essay Organizational behavior in a criminal justice agency is the way in which employees and their superiors interact amongst themselves and with one another both positively and negatively. Organizational behavior itself is the study of social conduct as it relates to the confines of a specific group. It is the study of how an individual or group interacts with one another and the dynamics of the personal relationships that evolve from that contact (Duan, Lam, Chen, Zhong, 2010). The shifting paradigm trends describe by Schermerhorn, Hunt, and Osborn (2008) can be used to delve further into the understanding of the organizational behavior that exists in most criminal justice agencies. The archetypical performance falls into one of seven categories; commitment to ethical behavior, importance of human capital, demise of command-and-control, emphasis on team work, pervasive influence of information technology, respect for new workforce expectations, and changing careers. From these trends both positive and negative characteristics of criminal justice agencies can be identified. â€Å"Commitment to ethical behavior: Highly publicized scandals involving unethical and illegal business practices prompt concerns for ethical behavior in the workplace; there is growing intolerance for breaches of public faith by organizations and those who run them† (Schermerhorn, Hunt, Osborn, 2008, para. 14). In criminal justice agencies ethical violations often are handled with little fan fair. Any level of impropriety introduced in the prying public eye can have innumerous repercussions. The loss of public support and trust can be a huge problem, but it affects the internal structure too. Depending on how fairly and swiftly the situation is handled determines whether or not those in charge gain or lose respect. Judgments will be passed on how the situation was controlled, and how it should have been dealt with. In delicate matters like this behaviors of retaliation and accusations of bias are important to be kept at a minimum. â€Å"Importance of human capital: A dynamic and complex environment poses continuous challenges; sustained success is earned through knowledge, experience, and commitments of people as valuable human assets of organizations† (Schermerhorn, Hunt, Osborn, 2008, para. 14). The workforce is the heart of a criminal justice agency. It should be the single most cherished asset. The appreciation of experience by an organization is vital. But more importantly the recognition, respect, and aspiration by new members and seasoned is a must. This necessity recognizes a clear chain of command and model of training. â€Å"Demise of command-and-control: Traditional hierarchical structures are proving incapable of handling new environmental pressures and demands; they are being replaced by flexible structures and participatory work settings that fully value human capital† (Schermerhorn, Hunt, Osborn, 2008, para. 14). Shared responsibility and the extinction of the â€Å"because it h as always been done that way† is a requirement in the modern criminal justice agency. It is being replaced by the attitude that the old way is not always the best way, and we all have a lot to learn from one another. While command still flows in one direction; ideas can come from anywhere. â€Å"Emphasis on teamwork: Organizations today are less vertical and more horizontal in focus; driven by complex environments and customer demands, work is increasingly team based with a focus on peer contributions† (Schermerhorn, Hunt, Osborn, 2008, para. 14). In a criminal justice agency teamwork may have become common place, but improvements still need to be made in the area of information sharing. While no man is an island, neither is an agency. For the sake of public welfare resources need to be pooled. â€Å"Pervasive influence of information technology: As computers penetrate all aspects of the workplace, implications for workflows, work arrangements, and organizational systems and processes are far-reaching† (Schermerhorn, Hunt, Osborn, 2008, para. 14). We are in the information technology age and the correct resources and know-how can be the deciding factor in the constant struggle bet ween criminals and policing agencies. Increased educational and computer skills demands are needed to boost and maintain an advantage at any level of criminal justice agency. â€Å"Respect for new workforce expectations: The new generation of workers is less tolerant of hierarchy, more informal, and less concerned about status; organizations are paying more attention to helping members balance work responsibilities and personal affairs† (Schermerhorn, Hunt, Osborn, 2008, para. 14). While a certain amount of attention should be paid to new workforce expectations it is important not to compromise the integrity of the job expectations. A balanced life should lead to a happy and relaxed employee who theoretically should also be more effective and efficient in an effort to maintain employment in the desired environment. Employer’s must remain fair but also realize their top priority in the criminal justice field is not to ensure employee happiness. An employee who can balance work and a private life on his own should be a valuable commodity. â€Å"Changing careers: The new realities of a global economy find employers using more â€Å"offshoring† and â€Å"outsourcing† of jobs; more individuals are now working as independent contractors rather than as traditional full-time employees† (Schermerhorn, Hunt, Osborn, 2008, para. 14). In criminal justice agency this trend is no different. It is not uncommon for governments to hire private security firms and private corrections companies. However, by outsourcing such positions power is lost in the public sector. Monitoring a regulations create more work when dealing with outside policing forces. It also opens up a gray area for bad behavior and a hired gun mentality. While roles may be redefined privatization of criminal justice agencies can be more of a problem than a convenience. Study of workplace environments and the effects of the personnel’s behavior can only continue to bring about recognition of areas in need of improvement. Works Cited Duan, J., Lam, W., Chen, Z., Zhong, J.A. (2010). Leadership justice, negative organizational behaviors, and the mediating effect of affective commitment. Social Behavior Personality: An International Journal, 38(9), 1287-1296. Retrieved from http://biere.louisiana.edu:2092/ehost/detail?hid=17sid=5d563aca-ec9a-43c49e42db48b73a6784%40sessionmgr4vid=4bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=sihAN=54018927 Schermerhorn, J.R., Hunt, J. G., Osborn, R. N. (2008). Organizational Behavior. Available from https://ecampus.phoenix.edu/content/eBookLibrary2/content/eReader.aspx.

Reflective Essay on Empowering Healthcare Professionals

Reflective Essay on Empowering Healthcare Professionals This reflective account is going to explore a lecture that has changed my perception since the start of the nursing programme. I have chosen Gibbs (1998) reflective model to explore what I have learned, what my thoughts were before the lecture and changes. Therefore, to demonstrate an awareness of my learning outcome. I would also be covering how this has helped me to develop an understanding on what to do during my practical placement. The NMC code 2015 outlined standards and core values nurses must follow, therefore, our lectures focused around these to empower healthcare professionals to adapt to and deliver a quality service. The lecture I would be exploring emphasised on dignity, importance of dignity and how to encourage it. On a personal account, I thought I had a broad understanding of how to promote patients dignity. Nevertheless, after three hours of lesson on the subject, I have realized that there is a lot more to it. Dignity is a broad topic when properly studied. Dignity is a powerful tool that can determine a persons life and relationship with others suggested by Hinks, D. 2013. The poem what do you see? RCN, 2017, demonstrates the power of dignity. The poem represents a woman who is beseeching to be seen for who she is, not an old woman but someone who had lived a full life with feelings and emotions reinforcing the value of providing person centred care (RCN,2017). My feelings throughout the lesson changed considerably, leaving me to desire more of the lesson. Matti and Baillie (2011) proposed dignity as our innate value, merit and worth as human beings. To this end, the lecturer emphasized on respect making it clear that respecting people and making them feel worth is not just about caring for them, rather, it takes into consideration the whole process of how we approach and visually demonstrating dignity to the patients. I found that the NMC code (2015), stressed that as nurses, we have a duty of care to reach out for the physical, emotional, psychological, social and spiritual needs of our patients. So, give a holistic care by taking into consideration the individual as a whole. Hence, we need to prioritize patients care and dedicate time to them by preserving and promoting dignity through effective communication and supportive relationships. Emphasizing on these, it incorporated within me a sense of awkwardness and to realise how significan t it is for me as a person to be valued. Following the Poem What do you see? (RCN, 2017) I understood how patients are treated inhumanely. I felt like it is more dangerous to ignore patients emotion as this may have a huge impact on their personality It made me apprehended that, as a student nurse my responsibility is to work as part of a safeguarding team to raise concerns when I come across things that endanger patients worth and value according to the Local Government Association (2012). I found social care Act 2012 and CQC (2016) reinforcing on the link between dignity, quality and safeguarding indicating that the nurses, however, were not promoting dignity and therefore do not portray a good quality service so safeguarding is likely to decrease. The lecturer, also, underpinned the importance of personal appearance which connects to the concept of dignity because of the way uniform makes nurses feel and behave and how their appearance has an impact on patients supported by Chochinovs (2007) ABCD Framework (attitude, behaviour, compassion and dialogue) which reinforces essential things nurses need to be aware of when delivering care. Subsequently, this lesson appeared to pose more challenges. I felt highly challenged to question and evaluate on the type of staff I might be. I was challenged to think differently following Chochinovs (2007) self-awareness tool which got me thinking about if I would be able to provide a quality service to my patients while trying to promote dignity and what challenges I might face when dealing with safeguarding issues. However, after reflecting on myself and considering my attitude, behaviour, how I show empathy and compassion through communication, I felt confident to go out there and to demonstrate what I have learned with patients. I now feel like I am competent enough to fully and independently care for a person thus building a supportive relationship with them (Chochinovs 2007). Furthermore, this lecture helped me to comprehend the impact we as nurses can have on a patient as a person. In conclusion, dignity is how people feel, think and behave in relation to their worth or value. To treat someone with dignity is to show them as being worth and valued in a way that is exalt their diversity. Dignity may be endorsed or reduced by the physical setting, structural principles, approaches and conduct of others. When dignity is present, people feel in control, relaxed and able to make decisions for themselves, whereas when it is absent people feel devalued and lack control. Therefore, in my placement, I would do all the necessary things to ensure the value and worth of my patients, thus considering an approachable method of communication and rapport by making them feel at ease. Also, using person-centred care and empathy (RCN 2016). References: CARE QUALITY COMMISSION (CQC). 2010. Essential standards of quality and safety. London: HMSO. Chochinov (2007). Preserving patients dignity lends value to end of life: AHC Media: https://www.ahcmedia.com/articles/106003-preserving-patients-dignity-lends-value-to-end-of-life (accessed 24/02/17) Gibbs (1988) Reflective cycle. Available at: https://hhs.hud.ac.uk/lqsu/Sessionsforall/supp/Gibbs%201988%20reflective%20cycle.pdf (Accessed 24/02/17) Hick, D. (2013) What Is the Real Meaning of Dignity? Psychology today. Available at https://www.psychologytoday.com/blog/dignity/201304/what-is-the-real-meaning-dignity-0 (Accessed 27/02/17) LGA (2012) Dignity, quality and safeguarding adult: Establishing Local Health Watch Health. Available at http://www.local.gov.uk/c/document_library/get_file?uuid=d0235875-2da8-4a5c-a655-2f3600663f5dgroupId=10180 (Accessed 24/02/17) MATITI, M.R. and BAILLIE, L., eds., 2011. Dignity in Healthcare: a practical approach for nurses and midwives. London: Radcliffe. NURSING MIDWIFERY COUNCIL (NMC). 2015. The code: Standards of conduct, performance and ethics for nurses and midwives. London: NMC RCN (2017) Dignity and me: Available at: https://www2.rcn.org.uk/development/practice/cpd_online_learning/dignity_in_health_care/dignity_and_me (Accessed 24/04/15)

A Discussion On Police Discretion Criminology Essay

A Discussion On Police Discretion Criminology Essay Domestic violence, is associated with a series of long term physical problems alongside it will have also psychological factors which is a serious health problem. The growing concerns of violence against woman caused the increase of more police officers to take extra shifts to cover the victims of domestic violence. However, with that the police also has to implement a great deal of discretion. The police department will give the officers indirectly or clearly the choice what laws they want to enforce and when, most of the time police officers already know which cases prosecutors will keep and which ones the judge will convict. In some cases police officers have already been persuaded from many of the last cases they had to deal with, which kind of makes their decision easier. Research shows that most of the arrests are made by the officers if there was physical harm done. Domestic violence is a growing issue and it has an impact on may different individuals such as, partners, parents, children, and extended family members. In many cases domestic violence can often be fatal , but it can also be prevented and treated. Many cases include spousal battery, sexual abuse, child abuse to name a few. The Centers for Disease Control and Prevention, also calls domestic violence intimate partner violence is well defined as physical or sexual violence or even psychological and emotional abuse that is intended to hurt a spouse, or even a current spouse (CDC, 2012). The center for disease control also defines intimate partner violence spouse abuse, battering, and even marital rape (CDC, 2012). The community and society is a perfect place and it has the ability to protect and separate the risk of such vast growing violence. Woman which is most exposed to domestic violence have two types of solutions that they are able to use. One, police officers can arrest or charge an individual and prosecutors can follow a criminal restrictive. Secondly, victims of domestic violence can also follow civil actions against the offenders by filing for a protective order in which case it can be temporary or permanent. These kinds of order can be issued to individuals that are involved in an abusive relationship, which will keep the abuser from contacting the victim. A temporary restraining order can be issued which can last up to one to two weeks, after that a mandatory hearing is set to determine the reason why the individual needs a restraining order and for how long. In 1994 the Violence Against Women Act was passed, with that the demand for police officer also grew higher to protect domes tic violence victims. At the same time more funding was passed to make it mandatory for police officers to arrest an individual based on probable cause and to determine that a crime has been committed and the person in question has committed the actual crime. Additionally, the enactment of the primary offender concept and a speedy prosecution were also ordered by the state. With that the increase in domestic violence arrest was rising to 30 percent and higher. The federal government spends a large amount of money, to encourage local areas to cure the cause of domestic violence and to treat it as a serious crime and to attack these kinds of crimes with force. There are many other states that are now passing the law to make it mandatory for police officers to arrest individuals that are under a restraining order (Holmes, Sylvia I. Mignon William M., 1995). However, under this new law the officers can use less discretion. The study showed that incidence under that new law showed the re lations with arrests and the offending arrests are less and offending based on reports and victims story. The spectrum of the criminal justice starts with the police itself. Discretion is distinct for the officer to have the power to make his or her choice based on possible options of actions or inactions. Police officers implement a large amount of discretion that comes with their job description as a protector of the community and their safety and also for the individuals that are unable to protect themselves. There is a plethora of research that has been done on police discretion: it lists as many as 140 titles related to discretion of the police in criminal justice alone and the the way discretion is used and how it affects their decision making. There are many factors to consider that might influence police discretion when arresting individuals such as, race ethnicity and how serious the offense is (Justice, U.S. Department of, 1999). There has been many debates on the advantages and disadvantages of a mandatory arrest and it depends on three main questions. One, will mandatory arrests increase or decrease the violence for victims? Two, will mandatory arrests encourage or discourage victims, and lastly should domestic violence be treated the same way as a violent crime (Barata, Paula C; Schneider, Frank, 2004)? Increase or decrease, the argument in support of mandatory arrest for violence can be decreased due to the warning signs that are affected by the abuser. This means that abusers will learn to control their violent behavior due to the fact that they are afraid of future arrests. Studies have shown that mandatory arrests will control domestic violence. However, in some other studies the increase of domestic violence has been noticed when following the mandatory arrest procedure, and most of the victims were unmarried or the abuser was unemployed (Barata, Paula C; Schneider, Frank, 2004). In this case it led s ome to believe that mandatory arrests do not work on lowering the domestic violent crimes on the contrary it actually escalated the violence for some victims. Empowerment or disempowerment, has the possibility that mandatory arrests may disempower a victim or survivor, because it take the womans right away to make her own decision to a much more powerful court system that has not been exactly the sensitive womans rights (Barata, Paula C; Schneider, Frank, 2004). There are also many reasons why an abused woman may not want to follow through with the abusers arrest, for the following reason; she might be afraid of retaliation, financial issues that it might cause to name a few. Certainly, a court system has the assumption that the victim does not what might be best for the family and to a victim that might come across as condescending. In some cases there was also an increase of concern that there might be a dual arrest under the mandatory arrest law. What makes matters worse is when a victim is arrested that would be a great disempowerment. However, it has been used in the past that when the empowerment of a woman is taken away , the implementation of a mandatory arrest is placed. So by letting the victim have some empowerment it will ensure that her complaint is taken seriously, which makes her think her police is on her side. Some believe that mandatory arrests empower women by limiting police discretion and that leads to a non bias arresting. It is also noted that woman who has increased empowerment which is more likely in woman that are a minority, they are more likely to use the police services to stop violent crimes from happening. (Barata, Paula C; Schneider, Frank, 2004) noted that for instance family violence shoulcategorizeded differently then stranger sault. Some believe that police officers should only handle only very dangerous crimes, and that the rest of the crimes should be handled outside the criminal system like privet counseling. Mandatory arrest laws need to be replaced with organized police discretion, which include using the victims decision and using it for example taking the item to a safe place like shelter or such. Some say hat revoking of the mandatory arrest law would make things worse in controlling domestic violence, and would return the violence to its normal stage. Criminalizing domestic violence will send a big message to the public that this kind of behavior is unacceptable and will not be tolerated. The mandatory arrest debate produced a lot of attention for much of the problem of policing and domestic violence. However, whether or not it is beneficial to have a mandatory arrest law for victims of domestic violence remains questionable. After carefully observing the evidence pertaining to the violence issue, it has generated inconsistent findings in the conclusion. Two of the findings on the issues of arrests whether or not it empowers or disempowers victims of domestic violence, is an issue that might be better off if it is dealt with inside/outside the criminal justice system. But it has still to be examined with research and it is mainly a speculation. There is still important information that is yet to be studied, and that is the victims themselves, and how they preserve the mandatory arrest law. Do victims of domestic violence care about the enactment of the mandatory arrest and what do they observe as being an advantage or disadvantage of the action. Whether victims feel t hreatened or safer with this particular law and are they more inspired or discouraged is the question. In recent times victims of domestic violence were clearly not in a talking mood. Fortunately, there has been an outpouring of research in recent years that has studied victims and their presumption of the criminal justice system. There has been only a few studies that show the consideration for victims and the support for a mandatory arrest (Barata, Paula C; Schneider, Frank, 2004). It has shown that most of the victims are supporting the mandatory law not necessarily for them but for the other individuals benefit. Though, either one of the studies dug deep enough into the above mentioned issues that have been stressed in the debate about mandatory arrest. It is the strategic effect on the levels of violence, of empowerment and if it demonstrates that domestic violence is looked at as a serious crime. The main influence of this study is that it goes much further into the question i f victims care for the mandatory arrest law and it also examines the view on the issues. This study is also useful to see how flexible as well as not so flexible the study is. The main idea of this study is to find out what victims think of the mandatory arrest law and if it has an advantage or a disadvantage. The main point is to find out to what degree victims support this kind of law. Individuals have been asked in the study if the mandatory arrest is sufficient enough to keep violent offenders away from victims and the second question was should domestic violence be treated as other violent crimes. Additionally, the support for mandatory arrest was also measured if it was mainly for the victims own case in terms of domestic violence or if it was measured in a general sense. Results showed which was expected that victims supported the policy for domestic violence very strongly for more general purpose than for their own cases. It is clear that many of the participants in this above study are more interested in the benefit that it helps other individuals before it helps the victims itself. As mentioned at the beginning domestic violence has long term physical problems alongside it will have also psychological factors which is a serious health problem. Which make police discussion a huge problem in some cases it is whether to arrest some offenders and permit others to keep taking part in criminal misconduct. It is the way police departments implement this discretion and what consequences it might have in the long run. However, when police officers have to tackle a domestic violent case it can be very stressful for an officer, because they only have a split second to think. When officers have little to no time to think it makes it very hard to determine what kind of discretion is appropriate and what is not. In many cases it is very hard to make this kind of decision on a short notice, however as mentioned above many of the officers already have a hunch from previous cases if the victim is saying things for their own personal gain or if they are telling the truth. In conclusion all of the above main issues mentioned earlier on mandatory arrests were addressed to variable degrees in individuals that participated in the open ended response. Much of the studies that took place was very encouraging because it showed that the discussion are important for the victims concerns. However, in recent research it was highlighted that some issues such as, the effects it had on supporting or non supporting of mandatory arrests. Domestic violence was certainly a noticeable concern for many of the victims in this study, though it was not their first priority in their decision to support this kind of policy. For that reason, it would be a mistake to use the study to increase or decrease in domestic violence to measure the achievement or the disappointment of the issue. Many other similar studies have been conducted, and many of the women participating in this study felt that mandatory arrests are very important. Which is quite a lucky break because in many cou ntries and other states the mandatory arrest law is already in place. What was most important in this particular study was the fact that many of the individuals sheds light on many of the reasons why monetary arrests should be made to save the victims. Even though some have issues with the mandatory arrest laws and some do not the best way to figure out the pros and cons on this issue to have the victims of domestic violence decide what is best for the individual crime. The officer will always face issues when it comes to arrests but it is for the individual officer to decide whether to arrest an abuser or whether to listen to both parties to make the right judgement call.

Gene Therapy Essay -- Genetic Engineering

Gene Therapy Parents can now pick a kid’s sex and screen for genetic illness. Will they someday select brains and beauty too? In the ever- advancing technological world, scientists discover new and efficient ways to advance society each and every single day. Imagine being able to choose your child’s body type, or personality, or IQ. It is not as farfetched as it sounds. It’s a process called â€Å"Gene Therapy†, and is being perfected right now. This process rules out any unknown’s in childbirth. It will not only allow us to determine the child’s sex, but also his future. In natural child conception, the mother provides the the two X chromosomes and the father provides the X and Y chromosomes. The balance of genetic make up is determined by the father since he is the only one that has the diversity of genes. With all this, the genetic combinations are completely random, allowing much room for fault. With science controlling the joining of such chromosomes, many of the fatal or physically impairing infant diseases will disappear. Scientist’ say they can pick out disease causing genes in the pre-natal stage before they grow. Controlling infant disease is only one aspect of the new technology. Determining a child’s sex is also under discussion. As a very controversial topic, determining a child’s sex will also reflect on society’s views of gender rolls in the world today. Many societies value men over women immensely, so will this reflect on the diversity...

Max Weber on Society Essay -- Max Weber sociology sociological Essays

Max Weber on Society Max Weber was one of the world's greatest sociologists and wrote a lot about the capitalist world he lived in. He had a different conception of capitalist society than most of his contemporaries. He looked at capitalism from all the different aspects that the philosophy was made of. Some of these aspects are state power, authority, class inequality, imperialism, and bureaucracy. To understand how Weber thought one must look at each area separately then put them all together in a global package. Weber describes history in terms of the constant struggle for power. He bases all significant historical changes on the power struggle that caused them. Weber describes power as a zero sum game. That means for one person to gain power, someone else has to loose the same amount of power. A fundamental aspect of the power struggle is the state, and its power. Weber states that the state is the monopoly of legitimate force. The state is a compulsory of power, and the laws within it are its powers to enforce its power. The main struggle for power is that of force verses authority. Force is power that can be used to get one's way, and authority is the legitimate use of power to rule. Within the struggle for power, Weber defines three forms of authority: rational-legal authority, traditional authority, and charismatic authority. Rational-legal authority is anchored in impersonal rules that have been legally established. This type of has come to characterize...

Nature vs Nurture Essay

Hannibal Lecter was a young boy that grew up during a horrible time period; World War II. Everyone around him died, and was left by himself with his little sister Mischa. During this time there was people pretending to be â€Å"help† but in reality they were robbers. These people took over the cabin where the Lecter family was hiding. They take hostage Hannibal and Mischa. Over a few weeks food starts getting harder and harder to find, they are struggling to find food to eat and they must do whatever they can to survive. This is the first time that Hannibal encounters a moment in his childhood where he sees a little girl younger than him be killed and eaten; cannibalism. For many years he had to watch these men, eat things raw, with feathers coming out of their mouths and their faces full of blood. Things like these in a kids childhood are very dramatic. For over a few years Hannibal never spoke to anyone, only during his sleep when he would be calling for his sister. He was mistreated and abused at the orphanage he was in, which was his own castle. Hannibal’s uncle picked him up at the orphanage to take him and Mischa to Paris, France, but unfortunately Mischa was nowhere to be found. Hannibal, never spoke to anyone, until one day someone disrespected his aunt, Lady Murasaki. That was the day his first words came out. After that he would speak to everyone. One day Hannibal meets the butcher, the person who disrespected his aunt, and kills him with a sword that his aunt had from her father’s samurai. Hannibal took on medical school, and he worked with dead bodies. Hannibal takes on a quest to find the people who killed Mischa, and travels back to the Lecter castle. Upon arriving to his country one of the people who checked his passport happened to be one of the guys who was there when Mischa was killed. This guy follows him to Lecter castle and tried to kill him but failed. Instead Hannibal tied him to a tree and to his horse, once the guy spoke Hannibal just killed him and continued looking for the rest. The leader of the group sends one guy to go after him and kill him while he is at the medical school alone, however this plan ends up backfiring him, since he kills the guy and drowning him. After that officer Popil walks in to speak to him, but discovers nothing. Hannibal was always looking for a companion, but never found one until his later years when he meets an FBI agent named Clarice. She investigates him and tries to arrest him and put him in jail while every ime she is in trouble he rescues her, and saves her life one way or another. At the end Hannibal ends up escaping with her, since she was looking for a fatherly love, which hi provided and Hannibal wanted a woman. Overall, Hannibal grew to be the person he is because of everything he went though in his childhood, if it was not because of that he would of been fine. Every single thing that happened to him scarred him, and left him marked for the rest of his life.

Environment and Phenotype

The environment can affect the degree to which a gene may be expressed In an Individual. For example, solo type and weather conditions may affect plant growth. Seeds deliver energy for germination and Minimal growth until plants begin to photosynthesis and create their own glucose for further development. Aim/Purpose To demonstrate the effect of environment on phenotype to formulate a hypothesis about the effect of environment on phenotype To design and conduct a controlled experiment to demonstrate the effect of one environmental factor on a plant phenotype. Hypothesis-Radish plants that is grown in sunlight, room light and in the shade where there is absence of light, those that in the shade will display isolating where there Is pale stems and leaves, elongated stems and leaves reducing In size whilst those grown In light will be green, sturdier and shorter. The plants that are grown in the room light will be In the middle of the other two (light and dark). Apparatus and materials- 6 plant pots Beaker to measure amounts of water for the watering of plants Pack of radish seeds 30 CM ruler that has mm written as well 3 trays Soil enough for 6 pots Risk Assessment-The bean seedlings may have contagious diseases. Therefore gloves should be worn. Leather shoes is most recommended to be worn as handling glass may break and water might make you slip Method/Procedure- 1. Put solo Into each of the pots up to where the crease Is, making sure It Is even In all pots 2. Plant seeds by following Instructions on the back of the packet 3. Germinate radish seeds with equal amounts 4. Two seedlings were left as a control: it was watered and taken care of normally under shade. 5. The other four seedlings were placed in either light covered area, or one in dark covered area 6.Water occasionally and wait for observable phonological results. Note Don't overflow the pots with water Just till moist. 7. Take notes of Plant growth and observations seen. Keep a record of all data being done Results- Observations: Dates: Task: 27. 2. 14 Germination of plants 13. 14 Watered: mall 11 . 3. 14 Watered: mall 14. 3. 14 Measured/taken pictures 18. 3. 14 Light: Stems turning purple starting from the bottom to the top of the stem Leaves vibrant green Thicker stems Control Pale looking Control g's stem from the bottom is more thicker than control 1 Control 2 is more shriveled up while control 1 is still slightly straightLeaves have shrunk Dark Stem of dark 2 is more of white than dark 2 where it is like a pale green/grey Discussion- *trends happening Conclusion- The phenotype expressed in the light ones display green pigment for the environment influenced the need of chlorophyll for photosynthesis. The ones in the dark turned albino, in the absence of light, photosynthesis cannot take place. When these albino plants were put in the sun, over the course of 2 days they altered to a green color again. From Day 7 to Day 10 plants raised in shade displayed isolating whereas thos e raised in light did not Observations of plants grown in eachThere were some factors that have affected some of the result of the experiment. The position of the plants should have been closer together not that far apart. The plants placed in the dark under the bench were the furthest from where the plants in the light and room light were assigned. The amount of water being put in the pots and the consistent watering made the trays flood with water making the pots more than Just moist. The water in the trays wasn't emptied so it was there for quite a while and was it got emptied a bit later on in the experiment.The dependent variables in the experiment were the growth and the progress of the Lana and this depends on the amount of water, amount of sunlight being taken into place. The control that was kept the same for each plant was the amount of water being put into the pots. The accuracy of the experiment wasn't to professional expectations but it was taken into considerations of the factors that can affect it. There could be more to make this experiment better and also with the results that were taken. The reliability of the experiment was reliable as it was compared to another student's similar works done in their time in year 12.But what could have made it more liable is that the experiment could have been repeated another time since the plants start sprouting after 5-7 days after being planted. The plants in sunlight grew normally but those of the same species grown in the dark where there is absence of light elongated much faster to increase their chance of finding light. They were pale in color due to the lack of chlorophyll. The plants that were place in the normal room light grew but the stem wasn't as thick as the one in the light. The energy reserves of the seed were used up therefore it leads to the plant dying in comparison to the one exposed to light.Other factors in the environment, such as salinity and pH of soil, also affect the phenotype of a plant that would otherwise appear normal. The aim/purpose and the hypothesis were met and the results were similar. â€Å"Radish plants that is grown in sunlight, room light and in the shade where there is absence of light, those that in the shade will display isolating where there is pale stems and leaves, elongated stems and leaves reducing in size whilst those grown in light will be green, sturdier and shorter. The plants that are grown in the room light will be in the middle of the other two (light and dark). †

Judicial Activism in the Arena of Environmental Law of Bangladesh

AN ASSIGNMENT ON â€Å"JUDICIAL ACTIVISM IN THE ARENA OF ENVIRONMENTAL LAW OF BANGLADESH† Content†¦ TopicPage no. 1. Prologue 1 2. Judicial Activism 3 3. Judicial Restraint 8 4. Difference between Judicial Activism & Judicial Restraint 9 5. General Development and Environment Context of Bangladesh12 6. Major Environmental Issues Facing Bangladesh 14 7. Environmental Law in the Legal Regime of Bangladesh 15 8. Development of Judicial Activism in the Environmental Regime & the ECA 16 9. Administration of Environmental Justice: The Court Cases23 10. Environmental Nuisance should be Mitigated 24 1. Right to Environment 24 12. Access to Justice: Opening up the Horizon of Public Interest Litigation (PIL) 25 13. Right to Participation 25 14. Suo motu Rule against Grabbing Land of Public Garden 26 15. Protecting River from Encroachment 26 16. Checking Industrial Pollution 27 17. Vehicular Pollution to be Reduced 28 18. Judicial Decisions in the Issue of Environment of Bangladesh 29 19. Epilogue 91 Prologue:The issue of environment pollution has become a burning one with the increase of global warming throughout the whole world especially in Bangladesh. The Supreme Courts of different countries are coming forward to meet this issue at the frequent insistence of the environmentalist organizations which are very watchful upon environmental disaster. Though natural calamities cannot be resisted, man-made disasters can be checked to judicial activism i. e. judicial enforcement. With the growing rate of environmental pollution in Bangladesh, judicial activism in the arena of environmental law has been getting stronger here.Before the introduction of the Public Interest Litigation (PIL), there didn’t have any direct access to the court for enforcing environmental issues, but after the introduction of the PIL, environmental issues can directly be settled by the courts. The United Nations Conference on Environment and Development (UNCED) held in Rio de Janei ro from 3 to 14 June 1992 recognized the entitlement of human beings to a healthy and productive life in harmony with nature[1]. The threshold of the Rio Declaration was the recognition of right to evelopment[2] and more importantly sustainable development. With the adoption of Rio, the global community committed to integrate environmental issues into mainstream economic and social policy[3] and reduce and eliminate unsustainable patters of production and consumption[4]. Commitments recorded in the Rio declaration call for legal and judicial activism. When commitment for sustainable development suffers judicial review can be sought on the basis of the Rio principles of ‘common but differentiated responsibilities’[5], ‘polluters pay’[6], ‘precautionary approach’[7] and ‘EIA’[8].While the Rio declaration in Principle 11 requires the states to enact effective environmental legislation and standards, access to judicial and administrati ve review process becomes relevant[9] to uphold people’s rights that such laws would endure. Right to participation and access to environmental decision making process[10] need express legal recognition that the judiciary can safeguard in appropriate instance. The post-Rio developments in the legal and judicial area of Bangladesh have showed respect to the Rio commitments and also the framework of Agenda-21 that requires protection of fragile eco-system and resources.This paper would highlight on the legal and judicial activism in Bangladesh that have contributed in promoting sustainable development and environmental management as pledged by the global community in various international conventions, treaties and protocols. Judicial Activism: Judicial activism is a political term used to describe judicial rulings that are suspected to be based upon personal and political considerations other than existing law. Judicial restraint is sometimes used as an antonym of judicial acti vism.The term may have more specific meaning in certain political contexts. Concerns of judicial activism are closely tied to constitutional interpretation, statutory construction, and separation of powers. Definition Judicial activism refers to â€Å"a philosophy of judicial decision-making whereby judges allow their personal views about public policy among other factors, to guide their decisions, usually with the suggestion that adherents of this philosophy tend to find constitutional violations and are willing to ignore precedent. †[11] If to resolve the dispute, the Court must create a new rule or modify an old one that is law creation. Judges defending themselves acquisitions of judicial activism sometimes say they don’t make law, they only apply it. It is true that in our system, judges are not supposed to and generally don’t make new law with the same freedom that legislatures can and do; they are, in Oliver Wendell Holmes’s phrase, ‘confined from molar to molecular motions. ’ The qualification is important, but the fact remains that judges make, and do not just find and apply law. †[12] Judicial activism† is frequently used in political debate without a clear definition, which has created some confusion over its precise meaning. Bradley Canon posited six dimensions along which judge courts may be perceived as activist are:[13] †¢ Majoritarianism— This dimension takes into account the degree to which policies adopted through the democratic process are judicially overturned. †¢ Interpretive stability— This dimension takes into account the degree to which court decisions alter earlier decisions, doctrines, or constitutional interpretations. Interpretive fidelity— This dimension takes into account the degree to which constitutional provisions are interpreted contrary to the clear intentions of their drafters, or the clear implications of the language used in the provision. †¢ Substance/democratic process— This dimension takes into account the degree to which judicial decisions make substantive policy, as opposed to acting to preserve the democratic political process. †¢ Specificity of policy— This dimension takes into account the degree to which a judicial decision establishes policy itself, as opposed to leaving discretion to other agencies. Availability of an alternate policymaker— This dimension takes into account the degree to which a judicial decision supersedes or inhibits serious consideration of the same problem by other government agencies. Origins Arthur Schlesinger Jr. introduced the term â€Å"judicial activism† to the public in a January 1947 Fortune magazine article titled â€Å"The Supreme Court: 1947. â€Å"[14] According to Keenan Kmiec, in a 2004 article in California Law Review: Schlesinger's article profiled all nine Supreme Court justices on the Court at that time and explained the alliances and divisions among them. The article characterized Justices Black, Douglas, Murphy, and Rutledge as the â€Å"Judicial Activists† and Justices Frankfurter, Jackson, and Burton as the â€Å"Champions of Self Restraint. † Justice Reed and Chief Justice Vinson comprised a middle group. †[15] Debate Detractors of judicial activism charge that it usurps the power of the elected branches of government or appointed agencies, damaging the rule of law and democracy. 16] They argue that an unelected or elected judicial branch has no legitimate grounds to overrule policy choices of duly elected or appointed representatives, in the absence of a real conflict with the constitution. [citation needed] In some instances, government regulation by appointed officers in government agencies are overturned by elected judges. Defenders of judicial prerogatives say that many cases of so called â€Å"judicial activism† merely exemplify judicial review, and that courts must upho ld existing laws and strike down any statute that violates a superseding law.For example, ruling a statute is unconstitutional because it conflicts with the Constitution of a jurisdiction. However, detractors of judicial activism retort that neither democracy nor the rule of law can exist when the law is merely what judges presently say it should be. Defenders counterclaim that indeed this is precisely what the role of the judiciary is, namely to interpret the law. Detractors argue that the discretion of judges must be limited e. g. by the intentions of lawmakers and appointed or elected government officers, or else any group of people ngaged in any behavior could become a judicially protected minority, and any law could be subverted by the predilections of elected or appointed judges. Some proponents of a stronger judiciary argue that the judiciary helps provide checks and balances and should grant itself an expanded role to counterbalance the effects of transient majoritarianism, i. e. there should be an increase in the powers of a branch of government which is not directly subject to the electorate, so that the majority cannot dominate or oppress any particular minority through its elective powers. 17] Moreover, they argue that the judiciary strikes down both elected and unelected official action, that in some instances acts of legislative bodies reflect the view the transient majority may have had at the moment of passage and not necessarily the view the same legislative body may have at the time the legislation is struck down, that the judges that are appointed are usually appointed by previously elected executive officials so that their philosophy should reflect that of those who nominated them, that an independent judiciary is a great asset to civil society since corporations and the wealthy are unable to dictate their version of constitutional interpretation with threat of stopping political donations. Examples The following have been cited as examples of judicial activism: †¢ Mercein v. People – 1840 Connecticut transfers absolute sovereignty over children from parents to the State †¢ Dred Scott v.Sandford – 1857 Supreme court ruling that ruled that people of African descent imported into the United States and held as slaves, or their descendants—whether or not they were slaves—were not protected by the Constitution and could never be citizens of the United States †¢ Plessy v. Ferguson – 1896 Supreme Court ruling declaring racial segregation as constitutional †¢ Brown v. Board of Education – 1954 Supreme Court ruling ordering the desegregation of public schools †¢ Griswold v. Connecticut – 1965 Supreme Court ruling striking down a Connecticut ban on contraception for unmarried individuals †¢ Loving v. Virginia – 1967 Supreme Court ruling striking down Virginia's ban on interracial marriage †¢ Roe v. Wade – 1973 Supreme Court ruling stablishing a constitutional right to abortion †¢ Bowers v. Hardwick – 1986 Supreme Court ruling upholding the constitutionality of Georgia's sodomy law. †¢ Bush v. Gore – 2000 Supreme Court ruling that resolved the 2000 presidential election in favor of George W. Bush. †¢ Lawrence v. Texas – 2003 Supreme Court ruling striking down Texas's criminalization of sodomy †¢ In re Marriage Cases – 2008 California Supreme Court ruling establishing a constitutional right to gay marriage †¢ Citizens United v. Federal Election Commission – 2010 Supreme Court decision overturning Congressionally enacted limitations on corporate political spending[18]Judicial Restraint: Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional. [19] It is sometimes regarded as the opposite of judicial activism. In deciding questions of constitutional law, judicially-restrained jurists go to great lengths to defer to the legislature. Judicial restraint requires the judge to uphold a law whenever possible. Former Associate Justice Felix Frankfurter, a Democrat appointed by Franklin Roosevelt, is generally seen as the â€Å"model of judicial restraint. â€Å"[20]Judicially-restrained judges respect stare decisis, the principle of upholding established precedent handed down by past judges. When the late Chief Justice Rehnquist overturned some of the precedents of the Warren Court, Time Magazine said he was not following the theory of judicial restraint. Difference between Judicial Activism & Judicial Restraint: Judicial activism and judicial restraint are two opposing philosophies when it comes to the Supreme Court justices' interpretations of the United States Constitution; justices appointed by the President to the Supreme Court serve for life, and thus whose decisio ns shape the lives of â€Å"We the people† for a long time to come.Judicial activism is the view that the Supreme Court and other judges can and should creatively (re)interprets the texts of the Constitution and the laws in order to serve the judges' own visions regarding the needs of contemporary society. Judicial activism believes that judges assume a role as independent policy makers or independent â€Å"trustees† on behalf of society that goes beyond their traditional role as interpreters of the Constitution and laws. The concept of judicial activism is the polar opposite of judicial restraint. Judicial restraint refers to the doctrine that judges' own philosophies or policy preferences should not be injected into the law and should whenever reasonably possible construe the law so as to avoid second guessing the policy decisions made by other governmental institutions such as Congress, the President and state legislatures.This view is based on the concept that judg es have no popular mandate to act as policy makers and should defer to the decisions of the elected â€Å"political† branches of the Federal government and of the states in matters of policy making so long as these policymakers stay within the limits of their powers as defined by the US Constitution and the constitutions of the several states. Marbury v. Madison, one of the first US Supreme Court cases asserting the power of judicial review, is an effective argument for this power; however, it lacks direct textual basis for the decision. John Marshall managed to get away with this deficiency because of the silence on many issues and the vague wording of the Constitution.Marshall was also the first to interpret the Constitution loosely, also known as judicial activism. During his term as Supreme Court Chief Justice, Marshall was also successful in loose constructionism through other landmark Supreme Court cases such as Gibbons v. Ogden (â€Å"Emancipation Proclamation† of commerce), and McCulloch v. Maryland (whose decision stated that the states cannot tax a federal bank). These landmark decisions were the basis and the precedent for future Supreme Court cases, and had also provided a means through which the Supreme Court can question the law and even possibly change different facets of life affecting the present and future of â€Å"We the people. â€Å"Liberals and Democrats tend to favor judicial activism as it opens new doors to interpretation and experimentation. However, those that favor judicial restraint on the other hand, and thus favor the status quo and the strict construction of the Constitution are conservatives and Republicans. Two landmark Supreme Court decisions that strictly interpreted the Constitution for its literal meaning were Dred Scott v. Sanford and Plessy v. Ferguson. In the Dred Scott case, the Supreme Court ruled that African Americans did not have the right to sue for their freedom, since they were seen strictly by t he law as property and not even citizens of the United States. As well, in Plessy v.Ferguson the Court ruled that segregation of public schools was not unconstitutional, even though African Americans were still seen as equal citizens due to the 14th Amendment to the Constitution (â€Å"separate but equal†). However, this particular case was then overturned by Brown v. Board of Education, Topeka, Kansas in 1954. The Brown decision, unlike that of Plessy v. Fergusion and Dred Scott v. Sanford expressed judicial activism and ruled racial segregation unconstitutional. Many will protest that the people do not elect the Supreme Court Justices and therefore the Supreme Court should not have the power of judicial activism and change the law of the land.However, as one critic points out, â€Å"No institution in a democratic society could become and remain potent unless it could count on a solid block of public opinion that would rally to it's side in a pinch. † However, anticip ating the nominees to the Supreme Court most likely to be forwarded to the US Senate for confirmation by President George Walker Bush, since Bush is a conservative, he is most likely to favor the philosophy of judicial restraint. Clearly, the Supreme Court is ultimately responsible to the will of the people, and the future ramifications of said choices may indeed lean toward judicial restraint more often than judicial activism, thus favoring the status quo and earlier precedents set by previous Supreme Court decisions.By maintaining independence from politics, the Justices avoid the major problems of political parties and party platforms. Furthermore, the Supreme Court's small size allows the Constitution to speak with a unified voice throughout the country. General Development and Environment Context of Bangladesh: Bangladesh with a total area of 147570 sq. km is home to some 140 million people of which 49 percent are women. The country’s network of 230 rivers runs across 24 140 km[21]. Forests comprise 14 percent of the total land area. Eighty percent of the population is rural. One half of the population lives in poverty and one third in extreme poverty.A further 20 percent of the population are tomorrow’s poor; those who will join the ranks of the poor given the current trends of development and ecological degradation. The agrarian economy of Bangladesh accounts for one-third of the GDP and employs two-thirds of the labour force[22]. The fisheries sector employs about 1. 2 million people[23] while the employment in the forests sector is about 2 percent of the total labour force[24]. Fish still remains the major source of proteins for 60 percent Bangladeshis. Life and livelihoods in Bangladesh, especially for the poor, depends deeply on nature. Any undue interference with water, land, forest, fishery and other environmental resources would inevitably impact the lives of the people of whom 47. percent are income poor and 76. 9 percent capability poor[25]. The relationship of the people of Bangladesh with nature cannot be overemphasized and can be stated from the words of the Secretary General of the UN Mr. Kofi Anan. â€Å"The great majority of Bangladeshis live in rural areas, on the frontlines of resources management, natural disaster and environmental awareness. For them the relationship between human beings and the natural world is a daily reality, not an abstract idea. Our biggest challenge in this new century is to take an idea that seems abstract sustainable development and turn it into a daily reality for the entire world’s people. â€Å"[26]Over time, the gradual degradation of resources particularly land, contamination of water, loss of fisheries, traditional species and depletion of forests became visible in Bangladesh with adverse impact on life and livelihood. In the last decade or so, environmentalists in Bangladesh, the state organs and the citizens groups have rightly identified the depletion of en vironmental resources as a major cause of poverty in the country. There are certain environmental concerns and factors that are the result of activities originating beyond the frontiers of Bangladesh. These include legal questions relating to the use of natural resources like the waters of shared rivers, environmental hazards like the frequent floods, droughts and salinity, global warming, climate change and so on.The efficacy of the environmental legal system in certain areas is dependent on attitudes of neighboring countries and so cannot be redressed unilaterally. The Constitution of Bangladesh affirms commitments to international laws and principles, and Bangladesh is a signatory to most major international conventions, treaties, and protocols on environment. Major Environmental Issues Facing Bangladesh:[27] A. Regional/Global: †¢ Ecological changes due to share water disputes †¢ Maritime boundary dispute and a weaker regime on marine resources †¢ Greenhouse effec t and its consequence on Bangladesh, global warming and climate change †¢ Refugees and migration †¢ Ecological effect caused by trans-boundary acts International trade and environmental regimes such as Trade Related Intellectual Property Rights (TRIPs), General Agreement on Tariff and Trade (GATT), World Trade Organization (WTO), Climate Change Protocols, Convention on Biological Diversity and so on. B. National: †¢ Population and poverty †¢ Degradation of resources (inadequate policies) †¢ Conflict of development with environment; illiteracy vs. ignorance †¢ Pollution of water, air and soil †¢ Destruction of mangrove, tree cover and firewood †¢ Loss of fisheries †¢ Unplanned human settlement †¢ Unplanned urbanization and industrialization †¢ Loss of wildlife †¢ Natural hazards (also to include river erosion) †¢ Contamination of ground water Environmental Law in the Legal Regime of Bangladesh: Sources of Environmental Laws:The main sources of environmental law are the Constitution, statutory laws and by-laws, customs, traditional perceptions and practices, international conventions, treaties and protocols. An investigation into the statutory laws prevailing in Bangladesh would reveal that there are about 187 laws that deal with or have relevance to environment. The compartmentalized administration of the statutory enactment would place the laws on environment under several heads. These would include, land use and administration, water resources, fisheries, forestry, energy and mineral resources, pollution and conservation, wildlife and domestic animals, displacement, vulnerable groups, relief and rehabilitation, local government, rural and urban planning and protection.The laws on physical environment do address issues like occupational rights and safety, public safety and dangerous substances, transportation and safety, cultural and natural heritage and so on. The environmental legislation are s ectorally compartmentalized especially the substantive and administrative rules. The procedural rules for the Courts to administer these laws would be derived mostly from the same general codes, e. g. , the Civil Procedure Code, 1908, the Criminal Procedure Code, 1989 and the Evidence Act, 1872. Development of Judicial Activism in the Environmental Regime & the ECA: The law that deals specifically with environment is the Environment Conservation Act (ECA), 1995[28].The Act has come into force since the June 1995 and to some extent has recognized the Rio principles of precaution, polluters’ pay and people’s participation. The ECA has replaced the earlier Environment Pollution Control Ordinance, 1977 and has added new dimension to environment management by making a shift from ‘pollution control’ to ‘environment conservation’. The recent amendment of the Act in 2002 has given the provisions of the law overriding effect over all other laws[29]. Ac cording to section 2(d) of the ECA environment shall include water, air, land and physical properties. The inter relationship among and between these components of environment and human and other living beings, plants and micro-organisms are also included in the broader definition of environment.The ECA has established the Department of Environment (DoE) and has authorized its Director General (DG) to take all such steps as are necessary for the conservation of environment, improvement of environmental standard and control and mitigation of pollution[30]. In line with Section 11 of the Agenda 21 that calls for conservation and management of resources for development, the ECA in Section 5 has authorized the government to declare areas of great ecological importance as Ecologically Critical Area. Such legal authority would allow the government to declare fragile eco systems as critical or protected areas and bring them under special management system. Section 5 of the ECA reads as fol lows: Declaration of Ecologically Critical Area – (1) If the Government is satisfied that due to degradation of environment the eco-system of any area has reached or is threatened to reach a critical state, the Government may, by notification in the official Gazette, declare such area as ecologically critical area. The Government shall specify, in the notification provided in subsection (1) or in any other separate notification, which of the operations or processes shall be carried out or shall not be initiated in the ecologically critical area. † Under Section 5, the Ministry of Environment and Forests (MoEF) has already declared 8 areas including one mother fishery (wetland), fragile coral island, part of world’s largest mangrove forest as ecologically critical areas[31] and has brought them under special protective measures.Such initiative of the Government of Bangladesh strongly supports its commitment expressed under the various CTPs including the Convention in Biological Diversity, 1992 and the Convention on Wetlands of International importance Especially as Waterfowl Habitat, 1971. Most recently, the cabinet on 22 July 2002 has approved the International Convention on Oil Pollution Preparedness Response and Cooperation, 1990 paving the way to protect its territorial water from oil pollution. Section 2(1) of the Act defines ‘wastes’ and authorizes the Government to determine the standard for discharge and emission of waste including radioactive wastes [Section 20(2)(e)]. Hazardous substance has also been defined [Section 2(i)] and the Government has been authorized to lay down rules for environmentally sound management of hazardous substances and toxic wastes.Although the Government is yet to exercise its rule making powers, these legal developments correspond to the accepted framework of Agenda 21 calling for environmentally sound management of hazardous wastes and substances. At the national frontier, the Government in exercise of its powers under the Agricultural Pesticides Ordinance, 1971[32] has banned the import of ten pesticides for their hazardous impact on vegetation human and animal life[33]. Worth mentioning, Bangladesh has ratified the Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and their Disposal, 1989. The country has also signed the recently adopted Stockholm Convention on Persistent Organic Pollutant, 2001 on 23 May 2001. Section 12 of the ECA incorporates the precautionary principle by requiring ndustrial unit or projects to be established after obtaining environmental clearance from the DoE. Any violating unit may be shut down by the DG, DoE. The amended ECA[34] empowers the government to ban products that are harmful to environment and the government, with active participation from the people, has been very successful in banning the production, use and sale of polythene products below 20 macron. The most significant advancements after the enactm ent of the ECA have been the setting up of quality standard for air, water, noise and soil and the formulation of environmental guidelines to control and mitigate pollution. The setting up of such standards has been done through the Environment Conservation Rules framed in 1997.The Rules have detailed out the development where environmental impact assessment (EIA) would be necessary. This has made EIA mandatory for specified projects and industries although procedural details of EIA are yet to follow. The Government may think of making the EIA process participatory ensuring access in decision-making process. The ECA has made it an offence to discharge excessive pollutants and causing damage, direct or indirect, to eco-systems. Sections 7 and 9 of the ECA have in effect incorporated the principle of ‘polluters pay’. Under Section 7 the DG shall require any person including companies responsible for pollution to adopt corrective measures and also to pay good the losses ca used by such pollution.In the event of failure by the polluter to prevent emission of excessive discharge the DG shall initiate the needed remedial measures and the expenses incurred shall be recovered from the polluter as public demand[35]. The ECA tends to ensure access to administrative proceedings and also to participation in the decision making process. Section 8 of the ECA allows a person affected or likely to be affected from the pollution or degradation of environment to apply to the DG for remedying the damage or apprehended damage. The DG may adopt any measures including public hearing for setting such grievance. Under the original Act, cognizance of offence by the courts required a written report from the DG. The requirement of report from DG, DoE would have adverse affect on right to justice. Fortunately, the original Act has been amended in a positive fashion.The requirement of written report although still valid, may be relaxed at the discretion of the judiciary if the re appears to be a prima facie case and also failure on part of DoE to take proper initiative. Amended Section 4A of the ECA has required all statutory agencies to render assistance and services to the DG on his request. Violation of the provisions of the Act has been made an offence and may be visited with a penalty of Taka 10 lakh and/or 10 years of imprisonment[36]. The Act has recently been amended to provide for different punishment for violation of different provisions. For proper implementation of the ECA, it has been proposed to set up environmental courts in the six administrative divisions of the country[37].The proposed courts would administer the environmental offences under the ECA and also other laws as may be notified by the Government in official Gazette. This revolutionary step aims at ensuring speedy trial and disposal of environmental cases. The Act provides in details the investigation and trial procedure for the Courts comprising of members of the subordinate ju diciary. Section 9 of the Act empowers the Environmental Courts to use the fine realized as compensation for the people affected by the environmental offence. The judges for two environmental courts have already been appointed and it is expected that the judicial system will start functioning soon. An amendment to the Forest Act, 1927 in 2000[38] has provided scope for public participation in environmental resource management.The newly added section 28A has given express legal recognition to the concept of social forestry and has empowered the government to make rules requiring an ‘agreed upon management plan’ for social forestry programmes. The rules are in the process of finalization. Another significant piece of law enacted in 2000 is the Open Space Protection Act, 2000[39]. With proper implementation of the law, the respective authorities can protect the natural water bodies including the flood plains of the urban areas from filing up for the sake of urbanization an d development. In addition, legal regime on environment contains provisions recognizing customary rights over forest[40], access to open water fisheries[41] and participation in the development process while finalizing water related schemes[42] and master plan for urban areas[43].Legal regime provides punishment against pollution of territorial waters[44] and prohibits pollution of air, water and soil from agricultural, fishery, industry, vehicle and other sources[45]. Environmental resources like forest and fishery have been given special status for protection purposes. Administration of Environmental Justice: The Court Cases: On the fact of activism by the civil society, the judiciary in Bangladesh has started responding to cases seeking environmental justice. Judicial activism contributes to proper implementation of environmental laws and allows the vast majority of the backward section access to the justice system.As a result of progressive interpretation by the judiciary of som e constitutional and legal provisions, ‘public interest litigation’ (PIL) and ‘right to environment’ have received express legal recognition. The cases decided by the judiciary have tended to activate the executive, create wider awareness and affected the value system of the administration and the society. In the cases on environment decided so far by the judiciary, directions have been given to the government agencies to perform their statutory functions. All these decided cases have addressed issues on sustainable development, precautionary principle, participation and access and are rather landmark decisions. With increased number of PILs in Bangladesh, it can now be said that the environmentalists and the civil society places confidence in the judiciary n redressing the grievance of the downtrodden and the deprived. In deciding some of the cases the judiciary has endorsed the innovations that justice require in one recent incident, the High Court even i ntervened and issued suo moto rule to protect a public garden from encroachment. Environmental Nuisance should be Mitigated: Judicial recognition for protection of environment was first recorded by the High Court[46] in a case that challenged nuisance during election campaign. The judiciary disposed of the case on assurance from the Attorney General to take measures against defacing of public and private property in the name of election campaign. Right to Environment:The judiciary, while deciding on a case involving importation of radiated milk[47] attached broader meaning to the constitutional ‘right to life’ and held â€Å"Right to life is not only limited to the protection of life and limbs but extends to the protection of health and strength of the workers, their means of livelihood, enjoyment of pollution-free water and air, bare necessaries of life, facilities for education, development of children, maternity benefit, free movement, maintenance and improvement of public health by creating and sustaining conditions congenial to good health and ensuring quality of life consistent with human dignity. † Access to Justice: Opening up the Horizon of Public Interest Litigation (PIL): In an appeal from the judgment of the High Court Division dismissing a writ by a local environmentalist group on ground of locus standi, the Appellate Division of the Supreme Court of Bangladesh in its historic judgment dated 25 July 1996 granted standing to the ground[48].In allowing the appeal, the judiciary interpreted the constitutional requirement of â€Å"aggrieved† in ways beyond the strict traditional concept. The appeal being allowed is a landmark decision in addressing the constitutional knot and riddle that have been prevailing on the threshold question as to who is an â€Å"aggrieved person† for last twenty four years history of our Constitution. The decision opened up the horizon of PIL in Bangladesh and since then the judiciary has en tertained a good number of cases on environmental grievances. Right to Participation: On application from a local environmental group, the High Court Division (HCD) of the Supreme Court also intervened to judge on the legality of a development project called the Flood Action-Plan-20[49].The petitioner accused the authorities of violating a number of laws that ensure people’s participation in the decision making process, provide for compensating affected people for all sorts of loss and protecting the national heritage. The Court delivered judgment on 28 August 1997 and observed, â€Å"†¦ in implementing the project the respondents (government) cannot with impunity violate the provisions of law†. The Court directed the authorities to execute the work in compliance with the requirements of law that guarantee right to participation and compensations. Suo motu Rule against Grabbing Land of Public Garden: The Court has been active in protecting the environment in speci fic class action, and it has also given rules, suo motu, questioning blatant violations of the state’s obligations to protect and preserve the environment.In one such case, the High Court Division (HCD) issued a suo moto rule when, in violation of an earlier order of the Court to maintain status quo, gunned hoodlums attempted to encroach upon 2. 8 acres land of the only public garden of old Dhaka for construction of hotel therein. Protecting River from Encroachment: On application from an environmentalist group[50] seeking judicial intervention to protect the only river flowing through Dhaka from illegal encroachment, the HCD directed the concerned statutory authorities to submit before the Court an action plan setting out definite time frame and measures to be undertaken for removing the encroachers. Following the petition, the government acted to remove the encroachers and the river now stands free from illegal occupation.Taking from the learning of this case, the governmen t has constituted an inter-ministerial committee to remove illegal occupation from the other rivers of the country. Checking Industrial Pollution: In a recent decision, the HCD gave directions to check indiscriminate pollution of air, water, soil and the environment by 903 industries belonging[51]. These industries were identified polluters by the Ministry of Local Government, Rural Development and Co-operatives (LGRDC). The 14 sectors include Tanneries, Paper and Pulp, Sugar Mills, Distilleries, Iron and Steel, Fertilizer, Insecticide and Pesticide Industries, Chemical Industries, Cement, Pharmaceuticals, Textile, Rubber and Plastic, Tyre and Tube and Jute.An official notification of the government directed the Department of Environment (DoE), the Ministry of Environment and Forests (MoEF) and the Ministry of Industries to ensure within three years that appropriate pollution control measures were undertaken by the identified polluting industries. The Notification also required the said authorities to ensure that no new industry could be set up within pollution fighting devices. When no measure was taken even after the lapse of eight years, the above petition was filed. After a lengthy hearing, the Court directed implementation of the directions given in the notification. To ensure implementation of the Court order, it was required from the respondents to report to the Court after six months by furnishing concerned affidavit showing compliance. The Court held it mperative on the part of the DG, DoE to take penal action against such department or persons responsible for not implementing the ECA, 1995. Vehicular Pollution to be Reduced: The HCD, in a recent decision, gave a comprehensive judgment[52] to fight vehicular pollution at different from. The six directives of the Court required the authorities to – †¢ Phase out all two-stroke vehicles from city streets of the Capital by December 2002 †¢ Convert all petrol and diesel-fuelled government vehicles into Compressed Natural Gas (CNG) powered within six months †¢ Enforce the prohibition on use of pneumatic horns within 30 days †¢ Check fitness of vehicles using computerized system with immediate effect Follow international standard of fuel by reducing or eliminating toxic elements †¢ Set up adequate number of CNG filling stations within six months and ensure that all cars imported since July 2001 is fitted with catalytic converter. This petition also has been kept pending for further monitoring. The other pending cases on environment involves preservation up of lakes, flood flow zones and rivers, encroachment over rivers, violation of construction law, pollution from brick fields, environmental hazards of shrimp cultivation, destruction of hills, gas explosion without environmental impact assessment (EIA), compensation for environmental damages and so on.Judicial Decisions in the Issue of Environment of Bangladesh: The concept of public interest litigation as has emerged into the judicial administration of Bangladesh is yet to mature with the concept of justice guaranteed by the Constitution. This is a crucial concept in a country like ours where 65% of the total populace have no or less access to judiciary although the constitution commits for equality before law, justice, right to life and equal enjoyment of fundamental rights by all citizens. With obvious socio-economic constraints and a long history of feudal past, the realization of legally recognized rights is still subject for movement by various social and pressure groups.In recent time the movement for enjoyment of rights took a new dimension as the potential of judiciary is being increasingly emphasized by the activists and the courts are dealing with cases seeking relief against administrative anarchy and ignorance. It was interesting to note that the concept of PIL is developing in Bangladesh as a performance of public duty by some citizens groups holding or advocating in support of progressive ideologies. Thus in 1994 a petition was first taken before the High Court by a national non-governmental organization called Bangladesh Environmental Lawyers Association (BELA) on behalf of the people of a locality where a disputed development action was being implemented. The petition was at first rejected by the court on the ground of standing of the organization.An appeal was preferred from that rejection where the core question was whether groups like BELA with dedicated and sincere record of activism can claim to have acquired sufficient interest to seek judicial redress against anarchy in its own field of action. The question was vital as it was a constitutional requirement under Article 102 that it is only â€Å"a person aggrieved† who can file petitions for enforcement of fundamental rights. Being responded by the Supreme Court in the positive this became the turning point in the history of PIL in Bangladesh. BELA that led the movement for open ing up the horizon of PIL in Bangladesh has filed the cases noted below: 1. Dr. Mohiuddin Farooque v. Election Commission & others Writ Petition No. 186/1994 (Nuisance during Election Campaign)The first ever-environmental litigation was filed in 1994 in the form of a Writ Petition in the High Court Division of the Supreme Court of Bangladesh by a group of environmental lawyers called the Bangladesh Environmental Lawyers Association (BELA). It was filed against the four authorities of the Government responsible for the enforcement of various civic rights, and accordingly, the respondent was the State. The election of the four Municipal Corporations of the country, held at the beginning of this year, evidenced gross violation of some legal obligations and, consequently, interfered with the various rights of the people. The unlawful activities created by the election campaign resulted in encroaching on public properties, restricting and depriving the rights to life, property, enjoyment of public resources, etc. of the city dwellers.The footpaths and other public places were saturated with election camps; incessant use of loudspeakers and other noisy instruments rendered life miserable; the walls of the four major cities of the country where the elections were being held were all covered with election slogans; unscheduled and unregulated processions created serious traffic jams, and so on. Repeated appeals by the Election Commission for showing respect to the laws of the country were virtually ignored. All this anarchy prompted the institution of a petition where the Hon’ble Court issued rule nisi upon the respondents asking them to show cause as to why they should not be directed to comply with the directive issued by the Election Commissioner touching upon the various acts and laws and rules.The Court also considered the prayer of the petitioner to restrain the Election Commissioner from holding the election till full compliance with the respondents. The rule, however, was disposed of, following assurance from the Attorney General that the Government would take all necessary steps to implement all the directives of the Election Commission. 2. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 891/1994 (Industrial Pollution Case) In 1994 BELA filed this Writ Petition seeking relief against indiscriminate pollution of air, water, soil and the environment by 903 industries of 14 sectors identified as polluters by the Ministry of Local Government, Rural Development and Cooperatives (LGRDC) vide Gazette notification dated 7 August 1986.The 14 sectors include Tanneries, Paper and Pulp, Sugar Mills, Distilleries, Iron and Steel, Fertilizer, Insecticide and Pesticide Industries, Chemical Industries, Cement, Pharmaceuticals, Textile, Rubber and Plastic, Tyre and Tube and Jute. The Notification of 7th August 1986 directed the Department of Environment (DoE), the Ministry of Environment and Forests (MoEF) and the Ministry of Indus tries to ensure within three years that appropriate pollution control measures were undertaken by those industries. The Notification also required the said authorities to ensure that no new industry could be set up without pollution fighting devices. But unfortunately, even after the lapse of eight years when no measure was taken the above Petition was filed.After seven years since the date of filling of the petition on the 15 July of 2001, the court has directed the Directed General, Department of Environment to implement the decision taken with regard to mitigation of pollution by 903 industries identified as polluters within the time frame of six months from the date of the judgment. The Petitioner pleaded that the ecological system of the country more particularly the air and water including the major rivers (Buriganga, Surma, Karnaphuli and so on) are being severely affected by the identified 903 industries and that no affirmative action has been taken in furtherance of the dec isions of the Gazette dated 7th August, 1986.Rather the number of polluting industries has multiplied as the recent list prepared by the DoE shows that the number of polluting industries have risen up to 1176. The Court earlier issued Rule Nisi to the Respondents including the LGRDC, Ministry of Environment and Forest, Ministry of Industries and Department of Environment to show cause as to why they should be directed to implement the decisions of the Government dated 5 June, 1986 which was published in the official Gazette. After hearing the Petitioner, the Rule has been made absolute today and the DG, DoE has been directed to â€Å"Report to this Court after six months by furnishing concerned affidavit showing that compliance of this Order of this Court†. To ensure implementation of the Court irections, the Hon’ble High Court further held that â€Å"It will be imperative on the part of the Director General to take penal action against such department for persons who are responsible for not implementing the letter of the Environment Conservation Act, 1995. † 3. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 300/1995 (Vehicular Pollution Case) This writ petition was filed by BELA seeking appropriate direction upon the Respondents to perform their statutory public duties and functions for controlling environmental pollution created by motor vehicles and to take effective measures to ensure the most appropriate mitigative measures, devices and methods to prevent further aggravation and danger to life and public health.The petition was filed against 13 Respondents, namely, (1) The Secretary, Ministry of Communications; (2) The Chairman, Bangladesh Road Transport Authority; (3) The Secretary, Ministry of Home Affairs; (4) The Commissioner, Dhaka Metropolitan Police; (5) The Secretary, Ministry of Environment and Forest; (6) The Director General, Department of Environment; (7) The Dhaka City Corporation; (8) The Secretary, Mini stry of Health & Family Welfare, (9) The Secretary, Ministry of Commerce, (10) The Secretary, Ministry of Energy and Mineral Resources, (11) Chairman, Bangladesh Petroleum Corporation, (12) The Secretary, Ministry of Industries, and (13) The Bangladesh Standards and Testing Institution. In his submission the petitioner stated that the air pollution from faulty motor vehicles has been universally identified as a major threat to human body and life.Such pollution in Dhaka City is acute and incompatible with the conditions required for the growth of human life and ecology. The lives of the City dwellers and its environment are endangered and the failures of the respondents in the performance of their statutory and public duties are depriving people of their fundamental rights disturbing the public peace creating public annoyance. He submitted that the lead-laced gas emitted because of the use of leaded petroleum were severely affecting the lungs, liver, brain and the nervous system, re sulting to high blood pressure, IQ and memory-retention damage among children and damage to foetuses leading to deformed babies.The high sulphur content in the petroleum, and hence in the smoke, causes severe damage to the ecology. The main thrust of Dr. Farooque's submission was that although the right to a safe and healthy environment has not been directly specified in the Constitution as a fundamental right, such a right is inherent and integrated in the â€Å"right to life† as enshrined in Article 32 of the Constitution. Hence, the right to a sound environment was also a fundamental right under Article 32 being supported by Article 31 that ensures that no action detrimental to life, body, property could be taken. Therefore, the failures of the Respondents in their duties denied the people of their basic fundamental right.Upon hearing the Petition, the Court issued a rule nisi upon the Respondent to show cause as to why they should not be directed to take all adequate and effective measures to check pollution caused due to the emissions of hazardous smokes from the motor vehicles and the use of audible signaling devices giving unduly harsh, shrill, loud or alarming noise. The matter was pending for a long time and after a lapse of 7 years, on the 27th March of 2002 the High Court has directed the government to phase out all two stroke vehicles from City Street by December 2002. The court also directed that all petrol and diesel-fuelled government vehicles have to be converted into Compressed Natural Gas (CNG) powered within six months and pneumatic horns being discarded within 30 days. It asked the Bangladesh Road Transport Authority (BRTA) to check fitness of vehicles, using computerized system with immediate effect.The court also asked the government to ensure international standard of fuel by reducing or eliminating toxic elements. The High Court further directed the government to set up adequate number of CNG filling stations within six months an d to ensure that all cars imported since July 2001 be fitted with catalytic converter. The government was also asked to strictly comply with its decision to ban two stroke vehicles of over nine years old. BELA also prayed for ensuring that the exemption of motor cycles from the requirement of certificate of fitness under the Motor Vehicles Ordinance, 1983 be withdrawn immediately which was also directed by the Court.On behalf of the government BRTA, Dhaka Metropolitan Police, Environment Ministry, Department of Environment, Commerce Ministry and Ministry of energy and mineral resources submitted testimony (affidavit) in opposition before court. The matter is pending for further monitoring. 4. Sharif Nurul Ambia v. Bangladesh & others Writ Petition No. 937/ 1995 (Unlawful Construction) The Petition was filed with legal assistance from Bangladesh Environmental Lawyers Association (BELA) by Mr. Sharif Nurul Ambia, Joint General Secretary of Jatiya Samajtantric Dal (JSD). The Petition w as moved by the Secretary General of BELA, Dr. Mohiuddin Farooque submitting that the DCC has undertaken the construction of the multi-storied building at the site earmarked for public car park in the RAJUK Master Plan unlawfully and without the latter's approval and hence liable to be demolished.It was further submitted that the construction was continuing defying DoE's finding that the said building would create a disruption to the environment of the area and the neighborhood depriving them the right to life, body and healthy environment against hazardous pollution and obstruction to air and light as being endangered by the unauthorized construction by the Respondents. Upon hearing the petitioner, the Court stayed the said construction till disposal of suit. The rule was ultimately disposed of against which an appeal is pending before the Appellate Division. 5. Dr. Mohiuddin Farooque v. Bangladesh and others Civil Appeal No. 24/1995 (Case on Standing) This Appeal arose from the ju dgment of the High Court Division dismissing a writ  Ã‚   stating that BELA had no right to sue on behalf of the people of Tangail where the Flood Action Plan-20 was being implemented. On Appeal, the Appellate Division granted standing to BELA on 25th July 1996.The main thrust of the appeal was to get a judicial verdict as to whether a person or group of persons could be â€Å"aggrieved† in ways beyond the strict traditional concept, which are now emerging in many legal systems, like suits by evidently public-spirited persons or bodies having proven dedication. The appeal being allowed is a landmark decision in addressing the Constitutional knot and riddle that have been prevailing on the threshold question as to who is an â€Å"aggrieved person† for last twenty four years history of our constitution. 6. Dr. Mohiuddin Farooque v. Bangladesh & others (Writ Petition No. 998/94) Sekandar Ali Mondol v. Bangladesh and others (Writ Petition No. 1576/1994)   (Challenging Flood Action Plan-20) In 1994, a Petition was filed by BELA challenging the implementation of Flood Action Plan-20 in Tangail.The Petition, first rejected by Court on the ground of Standing of the Petitioner was subsequently sent for hearing on merit to the High Court after the Appellate Division granted standing (Bangladesh Legal Decisions, (BLD) 1997 Appellate Division (AD), pg. 1). In the petition, the authorities were accused of violating a number of laws that provide for compensating affected people for all sorts of loss and protecting the national heritage. The Court delivered Judgment on 28 August ’97 and observed that â€Å"†¦ in implementing the project the respondents cannot with impunity violate the provisions of law. We are of the view that the FAP-20 project work should be executed in complying with the requirements of law. † 7. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 948/1997 (Uttara Lake Fill-up)A division Bench of the High C ourt Division issued an injunction of the filling up of Uttara Lake for housing purposes. The injunction was issued on an application of Dr. Mohiuddin Farooque, Secretary General, BELA upon the Secretary, Ministry of Housing and Public Works, Chairman, Rajdhani Unnayan Kartripakhya (RAJUK) and DG, DoE. The petition was filed on an appeal from the local residents of Uttara, who accused RAJUK of creating an environmental hazard in the area by filling up part of the lake in violation of the original Master Plan of Uttara. The injunction would remain effective till disposal of the case. Upon final hearing of the petition the Hon’ble Court on presided over Mr. Justice Md. Imman Ali and Mr.Justice Shamin Hasnain on 17 February, 2004 discharged the rule without any order as to cost. After gating aforesaid judgement BELA filed Civil Miscellaneous Petition 84 of 2004 and Civil Petition for Leave to Appeal 564 of 2004 before the appellate division upon hearing the petitioner the Honâ⠂¬â„¢ble Appellate Division granted prayer Leave. Pending hearing of the rule, parties are directed to maintain status quo. 8. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 1252/1997 (Unregulated Operation of Brick Field) The indiscriminate operation of 19 brickfields in Senbag of Noakhali District in violation of applicable legal provisions and circular was brought to the notice of the High Court through the above petition.The petition filed by BELA on behalf of a local group called Senbag Thana Pollution Free Environment Committee accused the local administration for being indifferent towards the environmental havoc created by the brick furnaces. The management of the brickfields were not conducting their business with due regard to the legal provisions mandating in favour of sound environment and health state. Moreover, leasing agricultural land to brick fields in violation of existing land management laws and manual resulted in a tremendous pressure on the avai lable stock of agriculture land, as after a given period the lands do not remain fit for agricultural purposes.Upon hearing the petitioner BELA, the Court issued a Rule Nisi calling upon Secretary, Ministry of Land, Deputy Commissioner, Noakhali and DG, DoE to show cause â€Å"as to why the issuance and renewal of licenses permitting operations of 19 brick manufacturing kilns in the Senbag Thana under Noakhali District causing threat to the natural environment and health of the neighbouring residents of the area should not be declared to have been done without any lawful authority and be directed to implement the circular. † The matter is now pending for hearing. 9. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 6020/1997 (Hill Cutting Case)The indiscriminate, unlawful and unauthorized cutting and rising of hills within the Chittagong City Corporation and its adjoining areas was brought to judicial notice by BELA through the above petition. The Court on heari ng the petitioner, Dr. Mohiuddin Farooque, directed the DG, DoE to submit a report on alleged illegal and indiscriminate cutting of hills, contributing to ecological imbalance and degradation of environment of the city. The Court further ordered that the report should contain the measures taken by the Government to prevent such illegal activities. Subsequent application has been filed under the petition. The matter is now pending for hearing. 10. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 6105/1997 (Gas Explosion at Magurchara)The above petition was against the Secretary, Ministry of Energy and Mineral Resources, Chairman, Bangladesh Oil, Gas and Mineral Development Corporation (PETROBANGLA), DG, DoE and Occidental of Bangladesh Limited for their negligence in preventing the fire that engulfed the Magurchhara Gas Field and the adjoining areas, while the Occidental of Bangladesh Ltd. , a reputed foreign oil company, was carrying on with their regular excavation. The statutory authorities permitted such risky operation without proper EIA, as required by the ECA. BELA, the petitioner, also blamed the respondents for failing to combat the after effects of the fire, as reports suggest that it took quite a long time before normal life was restored in the affected areas. A show cause notice was issued upon the respondents to clarify their own position. With the filing of subsequent petition the petition is pending for hearing. 11. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 7422/1997 (Gulshan Lake Fill-up)A division bench of the High Court Division issued a Rule in a petition filed in 1997 against implementation of an agreement called the â€Å"Banani, Gulshan, Baridhara Lake Development Project Agreement† signed between RAJUK and Indus Valley Investment Pvt. Ltd. to undertake a huge construction in the said areas, defying and violating the constitutional and legal requirements. The Court directed them to show cause as to why â€Å"the agreement and the subsequent agreements to lease out a total area of 220 acres of public land should not be declared to have been entered/undertaken without lawful authority in violation of law and the constitution against public interest and as such be declared null and void and of no legal effect. † The Government subsequently cancelled the project. 12. Nijera Kori v. Bangladesh & others Writ Petition No. 1162/1998 (Allotment of Land for Shrimp Cultivation)The petition was filed against allotment of Government owned Khas Land to Shrimp Cultivators in Sudharam, P. S. of Noakhali District in contravention of the provision of the Land Management Manual, 1991 and Articles 15, 19, 31 and 32 of the Constitution depriving thereby the landless people. The Court on two occasions restrained the respondents from disturbing the peaceful possession of the landless families. The matter is now pending for hearing. 13. Bangladesh Environmental Lawyers Association (BELA) v. Bangladesh and others Writ Petition No. 2482/1999 (Gulshan Lake) The unlawful filling up of Gulshan, Banani, Baridhara Lake for creating housing plots was challenged by another writ petition No. 482 of 1998 filed by BELA. Following the Petition a division bench of the High Court directed RAJUK to take measures for suspending all construction and/ or filling up of the water body and lakeside areas of Gulshan, Banani and Baridhara Model Towns in specific areas. The Court also issued a rule nisi upon the Ministry of Works and RAJUK to show cause as to why the allotment of on the lake water lake-side area in Gulshan, Banani, Baridhara Town shall not be declared to have been undertaken in violation of the Town Improvement Act, 1953, against public interest and why they should not be directed to restore public property in a manner best suited to public interest.The Court further directed RAJUK to prepare and submit before it a detailed and complete statement regarding allotment of plots and filling up of the lake water and/or lakeside area in violation of the approved Master and Lay Out plan rendering thereby water bodies of the Lake into private properties along with list of names and address of persons in whose favor such allotment have been made and those encroachment upon the lake water and or lakeside. The matter is pending for hearing. 14. Biplob Kumar Roy v. Bangladesh and others Writ Petition No. 1840 of 1999 (Nabaganga River) A Rule Nisi was issued upon the Deputy Commissioner, Narail District for unlawfully leasing out part of the River Nabogonga having its flow through Rajpur to Jaipur Ghat. The rule came as a result of the Petition No. 840 of 1999 filed by BELA and one member of the l