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ISSN- 2319-2070

International Journal ofSociety and Humanities

Bi-Annual JournalRefereed Journal

International Journal of Society and Humanities

Edition: 2013, Vol-1, No-3, July – December, 2013ISSN- 2319-2070

Periodicity: Bi-annual

Publisher

Dr. Erfan AhmadDepartment of Sanskrit, AMU, AligarhEmail: [email protected]

Mob: +91-9359480540

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Mr. Sarfaraz Javed

Research Scholar Deptt of Commerce,Aligarh Muslim University Aligarh,

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Mr. Yogendra Pal Bharadwaj

Research Scholar Deptt of commerce AMUEmail: [email protected]

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PATRON

Mrs. Mohsina KidwaiEx. Cabinet Minister,

Member CWC and (M.P. Rajya Sabha)

Chief Editor

Dr. Erfan AhmadUGC-JRF, M. Phil, Ph.D.

Department of Sanskrit, AMU, AligarhEmail: [email protected] Mob: +91-9359480540

Editors

Joint Editors

Editorial Board

Dr. Mohammad Azwar KhanAssistant Professor

AMU Malappuram Centre

Dr. Rajesh Kumar PundhirAssistant Professor School of Governance & Development Studies College of Governance

& Law, Hawassa UniversityEmail: [email protected]

Ms. ShahjahanAssistant Professor, Department of Urdu in Tulsiram Mahavidalaya,

Dhasoda, Allahabad.Email: [email protected]

Professor P.N.AshthanaDepartment of Commerce,

St John College AgraCoordinator Ignou, (S.C.)

Mob: 09412167006

Prof. Farhat KhanVice Prin. Burhani Coll. of

Commerce & Arts (Mumbai)Mob: 09323551366

Email:[email protected]. Sanaullah Mir

Associate Prof. Department of PhilosophyA.M.U. Aligarh ,U.P. India.

Mob. 09997435372

Dr. Anita SinghAssociate Prof. Department Of Hindi

J.N.M. College BBK Avadh UniversityMob.09415530969

Dr. Abdul Rahim AnsariAssistant Professor

Department of Economics,Hindu College, DelhiUnisersity,

Mob. 09718139601

Dr.Md. Nafees Ahmad AnsariAssociate Professor,

Depatment Of Political Science,A.M.U, Aligarh.

Mob: 09412621898

ADVISORY BOARD

Dr. Khalid Bin Yusuf KhanAssociate Prof. Department of Sanskrit, AMU. Aligarh U.P. India.

Mob: 09411414176

Dr. Rani MajumdarAssociate Prof. Department of Sanskrit, AMU. Aligarh, U.P. India ,

Mob.09897879421

Dr. Chhatrasal SinghAssociate Prof, Department off Education, J.N.M. College BBK, (Avadh University),

Mob.09415530969

Dr. Roshan AraAssistant Prof. Department of Law, Teerthakar Mahaveer. University. Moradabad,

Mob.09411610758

Dr. Aftab Ahmad AnsariAssistant Prof. Department of Education, Darbanga cent MANUU, Hyderabad

Email:[email protected], Mob.09411041909

Dr. Surendar SinghAssistant Prof. (Pol.Science), RLA College, University of Delhi,

Mob: 091368224999

Dr. Md. SharifAssociate Prof.

Department of Sanskrit A.M.U, Aligarh, U.P. India.Mob.09412545253

Dr. Vinod KumarAssistant Prof. Department of LawR.C. Muktsar. Punjab Unisersity

Mob: +91-9463176007Email: [email protected]

Professor.Parul Varshney M.A,Ph.D.(Economics), M.B.A. (H.R)Professor and Academic Coordinator ,

LBS college,Kota (Raj.)

Sabiha JameelResearch Scholar,

Deptt of Fine Art, A.M.U,U.P India

Mob: 9897133539

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International Journal of Society and Humanities Vol-1/2013 No -2/ ISSN-2319-2070

Dr. Rais Ahmad KhanAssistant Prof., Department of Chemistry, King Saud University, Riyadh,

Email Id: [email protected]

Dr. Akhtar HassanFaculty, Department of History, Zakir Hussain College, University of Delhi.

Email Id: [email protected]: 07827585094

Mr. Afkar AhmadAssistant Prof., Department of Law, College Dhanbad, Jharkhand, Mob. 09470121871

Mr. Mohammad RaufResearch Associate, Department of Law, AMU., Aligarh, Email: [email protected],

Mob. 07417545688

Atiya Parveen

Department Of Fine Arts, Amu.,AligarhEmil: [email protected]

Mob: 0890923663

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About The Journal

International Journal of Society and Humanities (IJSH) is a peer-reviewed international journal published in various languages. Its multi-disciplinary publication dedicated to the scholarly study of all aspects of society and humanities in the global world. Particular attention is paid to works dealing with Philosophy, History, Geography, Political Science, Public Administration, Human Rights, Economics, Management, Commerce, Education, Islamic Studies, Anthropology, Sociology, Social Work, Mass Communication, Fine Arts, Law, Hindi, English, Urdu, Sanskrit, Environmental and Developmental issues, as well as ethical questions related to scientific research. The Journal seeks to place society and humanities traditions as its central focus of academic inquiry and to encourage comprehensive consideration of its many facets; to provide a forum for the study of humanities and societies in their global context; to encourage interdisciplinary studies of the worldly affairs that are cross-national and comparative; to promote the diffusion, exchange and discussion of research findings; and to encourage interaction among academics from various traditions of learning. The annual review consists only of articles considered to be of wide interest across the field selected by our editorial team in consultation with the Advisory Board. We do not accept direct submissions to the annual review. Candidates for inclusion in the survey journal will include top-ranked articles, works by invited contributors, papers offered by plenary speakers at the conference, and articles selected from thematic journal submissions for their wide applicability and interest across the field.

Dr. Erfan Ahmad

(Chief Editor)

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Contents

Articles Page

Intellectual Property Regime And Food Security In India: Issues And ChallengesSaleem Akhtar Shahab Ahmad 11Effect Of Gender, Type Of School And Socio -Economic Status On The Acquisition Of English As A Second Language Among Secondary School LearnersDr. Seema Singh Rathore* Harsha Ankodia** 23Customer Purchasing Decisions And Brand Equity: A Study On Multi- Utility –Vehicles(Muv) In Uttar PradeshDr. Mohd. Sadiq Anis* 27Automated Recorders & Information Processing Sensor (Arips)Dr. M. Husain & Akhlaque Husain 36Educational Status Of A National Minority: A Case Study Of The Muslim CommunityFareed A. Khan* 39Changes For Human Resources Development After Reform In Power Sector : A Case Study Of Rajasthan Rajyavidyut Utpadan Nigam LimitedDr. Parul Varshney 45Trend, Pattern And Determinants Of Fdi In India: An Empirical Analysis Of Post LiberalisationDr. Perways Alam, Mohammed Nizamuddin 49The Changing Impact Of Socio-Economic Factors On Contraceptive Use In North-East India: A Comparative Study Of Nfhs-2 And Nfhs-3P. Thongkhanthang 56“International Financial Institutions: A Quest For Their Responsibility And Accountability Towards People And Society”Amrendra Kumar 66Geo -Visualization Of Climatic Variables In Indira Gandhi Canal Region, RajasthanTarun Prakash Meena 72Recent Maritime Piracy In The Arabian Sea: A Critical Geopolitical AnalysisMd. Obaidur Rahaman Md. Anisujjaman 82Reservation And The Political Upliftment Of Muslims In Post-Independence BiharMd. Haider Ali 88Changing Gears From Product To Process Approach To Writing.Zeba Farooqi 94Concept And Historical Background Of Panchayati Raj In India Before IndependenceFiroj Ansari 100Concept Of SoulNaseema Bano 105Empowerment Of Women Through Education In India With Special Reference To Jammu And KashmirJameel Ahmed 113Kashmiri Stone Pelters: A Psychological PerspectiveShar-Ul-Nisa-Haroon & Amrita Sharma Roomana N. Siddiqui 118Religiosity And Modernism Among YouthIram Feroz And Asma Parveen 127

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Ethics Versus ScienceMK Sharma, Ilyas Khan 132Role And Development Of English As An Official Language In India And Its Constitutional ProvisionFiroz Ahmad 134Attitudes Towards Science Of Medieval Indian RulersAkhtar Hassan 140Deccan Policy Of The Great Mughal Emperor AkbarDr.santosh Kumari 144Population Explosion Is The Main Obstacle To The Smooth Development Of The Indian EconomyDr.m.s.khan 149Relationship Between Effective Teachings And Teacher EducationDr.dharmendra Sharma 153Socio-Legal Problems Of Working Women In Special Economic Zone: A Case Study Of Pataudi Region Of Haryana Md. Zafar Mahfooz. Nomani Mohammad Rauf 157The Effect Of Induced Fatigue On The Accuracy Of Soccer SkillShabahat Ali Khan 167A Journey Of Exploitation And Harassment: A Study Of Van Gujjars: Mohammad Umar Khan 171Socio-Economic Status And Muslim Educational Backwardness: An Overview Of The Existing Situation.Sajad Ahmed** 178Translating Myth Into Metaphor: Reading Mahasweta Devi’s Breast Giver (Stanadayini).Ashique Rashul 185Child Labour Laws And Legal Regulation In India: A Judicial ActivisimMohammad Sabir Khan1 188Comparative Study Of Consumer Awareness Among Males AndFemales Of Malappuram District Of Kerala.Fasalurahman.p.k.patterkadavan 193Era Of Global Governance And India: With A Focus On Right To Information Janmejay Sahu 199Rumi’s EpistEmology

Jakir Hushain 204Occupational Mobility Among The Scheduled Caste Population In Uttar PradeshDr. Falak Butool 209Sir Syed Ahmad Khan And The Perspectives Of 1857 Revolt: An Analysis Of His Writing With Special Emphasis On Asbab- I-Bagabat-I- Hind And Sarkashi Zila Bijnor.Shahid Anwar Siddique 215Foreign Direct Investment In Indian Retail Sector: Opportunities & ChallengesMohd Ajmal, Asif Pervez 221ROLE OF POLICE AND HUMAN RIGHTS IN INDIADr. Najibul Hasan Khan 230Rationale For Public Expenditure On Health In IndiaDr. Mohd. Shahid J. Ansari 235Crisis In The Higher Education In India-Are We Heading Towards Right Direction?Md Shahnawaz 240Legality Of Electronic Contract In Indian Legal EnvironmentAzmat Ali, 246

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Diversification Of Agriculture And Status Of Malnutrition Among Marginal Farm Families In U. S. Nagar Of Uttaranchal State Dr. Kusum Lata 253Facts And Fiction: How Close And How Far?A Brief Study Of Select Novels By Amitav GhoshDr. Nazia Hasan, 256A Descriptive Study Of Knowledge Sharing, Training And Development; Its Impacts On Organizational EffectivenessDr. Mohd Ashraf Ali, Sarfaraz Javed 260

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INTELLECTUAL PROPERTY REGIME AND FOOD SECURITY IN INDIA: ISSUES AND CHALLENGES

AbstractThe increasing role of Intellectual Property Rights (IPRs) to agriculture is a serious concern for developing countries because the majority of population in developing countries depends on the agriculture. Close relationship between food security and agriculture is major issue for a developing country like India. The shift of agricultural research from public to private institutions has caused the increasing involvement of IPRs in agriculture, whether in the form of Plant Breeder’s rights or through the patenting of genes and gene fragments. The role of IPRs in agriculture is deemed controversial because it clashes with traditional farming practices and pre-existing systems of agriculture that is based on reuse and free exchange of seeds. The article seeks to examine the role of IPRs in ensuring food security, or adversely affecting it in Indian Context. It also explores the relationship between IPRs and food Security through analyzing the food security related provisions of the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS Agreement) and its impacts and implications on agriculture and future of food security in India. Authors finds that IPRs, where innovations are driven by profit rather than the need oriented research and development, the TRIPS induced new Indian patent regime can have an adverse effect on small farms and exacerbate social, economic and environmental problems.Keywords: Plant Variety Protection, Intellectual Property Rights, Food Security, Agricultural Biotechnology, India1. INTRODUCTION

According to Fisher the term “Intellectual Property” refers to “a loose cluster of legal doctrines that regulate the uses of different sorts of ideas and insignia.”1 Conventional forms of intellectual property are Patents, Copyrights and Trademarks. IP grants a kind of limited monopoly to persons or group of persons to invent commercially useful products. Legal Framework for the protection of IPRs sent a signal to society that creative and inventive ideas will be rewarded. The main rationale for the protection of IPR in general and patents in particular is “to spur innovation” by rewarding the person to monopolize the invention for commercial use for a limited period of time2.

The IPR protection in agriculture is a recent phenomenon and an important issue for developing countries because it directly clashes with traditional agricultural practices which are mostly based on free exchange and greater participation of public sector. It begins with the creation of World Trade Organization (WTO) in 1995. After the Second World War several international agreements were negotiated and ratified in areas of Justice, Peace, Health, finance etc. and world bodies was formed. Need was felt to regulate trade related matters. To fill this gap, the General Agreements on Tariff and Trade (GATT) was formed in 1946. Uruguay Round of trade negotiation begun in 1986 under the GATT and after several round of negotiations led to the signing of the GATT agreement at Marrakesh

*Professor, Chairman Department of Law, A.M.U.Aligarh**Research Scholar, Department of Law,A.M.U.Aligarh

Saleem Akhtar* Shahab Ahmad**

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in 1994. One of the key achievements was the establishment of the WTO. The main rationale behind the formation of WTO is to improve international trade by uniformly applying harmonized systems in global trade, for both the developed and developing countries in an equitable manner. This paper asses the response of Indian Government by adopting a national IP regime in compliance with TRIPS agreement and the implication of this response to traditional agricultural practices of farmers and food security in India. Considering the Raison d’être of this paper, following are the main questions posed.

1. How successfully Government of India responded to TRIPS agreement, considering the socio-economic conditions of the nation?

2. How efficiently the Indian Sui Generis legislation protect the interests of small farmers?

3. How does the Indian Plant Variety Protection (Hereinafter PVP) legislation’s extension of private property rights to plant varieties differ from international Union for the Protection of New Variet-ies of Plants (Hereinafter UPOV)?

4. What are the present trends of applications in India for Plant Breeders’ Rights (Hereinafter PBRs)?

5. What are the policy options and flexibilities under TRIPS are open to Government of India to ensure food security?

2. TRIPS provisions relevant to agriculture

WTO members are obliged under article 27(1) of the TRIPS Agreement to provide protection for inventions, whether products or processes, in all fields of technology by way of patents. To be patentable, the inventions must be new, involve an inventive step and be capable of industrial application. This requirement is not absolute and subject to exemptions provided under articles 27(2) and 27(3). Article 27(2) provides for exemption in order ‘to protect public order or morality, including to protect human, animal or plant life or to avoid serious prejudice to the environment.’ Concerned member states have discretion to decide what constitutes ‘public order or morality’ and ‘serious prejudice to the environment’.

Article 27(3) (b) provides exemption to member states to exclude from patentability ‘diagnostic, therapeutic and surgical methods of treatment of humans and animals.’ Article 27(3)(b) is very controversial and has been the subject of many debates particularly in the context of flexibilities and options available to developing countries. Article 27(3)(b) states that the member may exclude from patentability:

“plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, Members shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof…”

3. TRIPS Compliant Indian Patent Regime

Un-amended Indian Patents Act, 1970 prohibited patents for food, drugs or medicines, including herbicides, insecticides, fungicides and germicides. The first amendment introduced the mailbox arrangements and exclusive marketing rights to implement Articles 70.8 and 70.9 of TIPPS. According to Mailbox arrangement member states of WTO obliged to provide transnational measures for patent protection to pharmaceutical, agricultural and chemical products. A system was brought into existence that stores and assessed the pending patent application as on the date of the of filing of the patent application, as opposed to the date when the domestic legislation came into force.3 Moreover, Article 70.9 ensures the inventors who filed patent applications through the Mailbox system exclusive marketing rights. Consequently, exclusive marketing rights were ensured to innovators from the 1995, before 10 years the patent provisions of the TRIPS Agreement came into force in India.

Substantial changes were made in second amendment in 2002. Under Section 3(c) discoveries

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of scientific theory was extended to the “discoveries of any living or non-living substances occurring in nature.” The phrase has been interpreted as not including the isolation and purification of living or non-living substances involving human intervention.4 The reference to plants in Section 3(i) was omitted from the list of processes that cannot be patented under Section 3(i), and a new exclusion clause added covering “plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production and propagation of plants and animals”. This section allowed the patenting of not only microorganisms, but including biotechnological process inventions requiring substantial human intervention.5

The amendment followed in 2005, which removed the bar in Section 51 to process patents for substances and made product patents available.6 Since the upcoming deadline of January 1, 2005 for TRIPS compliance, this controversial amendment was initially introduced through an ordinance and thereafter passed into law in March 2005.7

Patents provide the most strongest form of form of IPR protection because it grant the patentee the highest form of control over the use of protected material.8 This was the raison d’être why Indian Government did not permitted patent protection in the field of agriculture before the membership of WTO. To satisfy the requirements of TRIPS present patent laws has completely changed the past policies, and follow a trend prevalent across the western world.

Current Patent Regime allows process patents in microbiological, biochemical and biotechnological processes, but excludes plants and animals in whole or any part thereof from patentability. “The provisions of the Act are contradictory because a microorganism is a part of a plant or animal, yet a microorganism is patentable, but a part of a plant or animal is not.9 The term “microorganism” or “part of a plant or animal” is defined neither in TRIPS Agreement nor in the Indian Patents Act. Therefore causes to create loopholes and uncertainty for patent filings. Sharma questions the patentability of products produced using patented microorganisms. According to him “claims in gene patent applications may pertain to genes or partial DNA sequences, proteins encoded by these genes, vectors used for transfer of genes, genetically modified micro-organisms, cells, plants and animals and the process of developing a transgenic product”.10

It is well argued by Sharma that the amended Patents Act ‘has not categorically excluded seeds developed by novel means’.10 Similarly, if a patentee hold a patent on a gene, a new plant variety can be created by inserting that gene and patentee can claim the new variety as novel.11

In a same way Cullet analyses a patented microorganism inserted into a seed can uniquely be found not just in the seed, but also in the next generation of the seeds.12 Therefore, the term microorganism needs to be defined in order to remove contradiction. As the term is not defined in the TRIPS agreement member states have the option to define the term narrowly so as to limit the scope of patentability. They do not have an obligation to follow an expensive approach pertaining to patenting substances that appear in nature such as cells, genes etc.

4. Indian Sui Generis Legislation for Plant Variety Protection

Given the clear exclusion of plant varieties, new varieties of crops and their seeds from the scope of patentability, India was obliged to protect these items under a sui generis system according to the mandate of Article 27.3(b) of TRIPS. Therefore, in furtherance of the mandate of TRIPS, India has enacted a sui generis legislation Protection of Plant Varieties and Farmers’ Rights Act (Hereinafter the Act) in 2001.

Considering the concerns such as public interest, environment and fear of establishment of monopolies in food sector ensured that the Indian law did not just blindly copy the model laws from the International Convention for the Protection of New varieties of Plants, 1978 and 1991 (Hereinafter UPOV).13 Although the efforts to develop a PVP system commenced more than a decade ago in the early 1990s, it gained momentum after India ratified TRIPS Agreement. The law enacted in India

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is a sincere attempt to reconcile the conflicting interests of various stakeholders. The main aims of the Act as stated in its preamble purports to establish: (i) To recognize and protect Farmers’ Rights in respect of the contribution made by them in conserving, improving, and making available plant genetic resources for the development of new plant varieties. (ii) To protect Plant Breeders’ Rights and to stimulate investment for R&D for plant breeding in public/private sector, and (iii) To facilitate the growth of seed industry to ensure the availability of high quality seeds and planting materials to farmers. The Act provides protection of plant varieties, rights of breeders and farmers and aims to encourage development of new varieties of plants. However, this multiple rights framework that aims to equitable distribution of rights, could pose problems of overlapping claims and result in complicated bargaining requirements for utilization of varieties leading to underutilization of resources.14 In view of this contradiction considering the socioeconomic conditions and public interest the paper reveals the positive and negative features of the Act in parlance with the agriculture in India.

4.1. Positive Aspects of the Act

The Indian Act mandates that farmers are entitled to “save, use, sow, exchange, share or sell,” their seeds. However the farmers are not allowed to sell branded seeds of a protected variety. Permitting farmers to save and re-sow seeds, rather than to compel them to purchase seeds from the market in each season is very important in Indian scenario, because a huge population of farmers is small, marginal and subsistence who cannot afford to buy proprietary seeds from the market in each season. The public and private seed sectors together do not provide the total seeds needed by the Indian farmers, seeds from the previous harvest saved by them are mainly re-used by them. In course of seed saving, farmers also use the traditional method of selective re-sowing of seeds to derive desirable traits such as pest resistance and other characteristics. Such traditional agricultural practices also preserves the unique varieties of commonly used cereals such as award winning medicinal rice “Navara”.15

Section 39.2 of the Act stipulates that the breeder of a protected variety is obliged to disclose to farmers the expected performance under given conditions of the propagating material of the variety. If the seeds did not satisfy the stated performance, then farmers can claim compensation from the breeder through relevant authority. Additionally, a plant breeder who uses a farmer’s variety to create an essentially derived variety is obliged to get permission from the farmer (Section 43). Farmers can also claim benefits from a plant breeder that utilizes their knowledge.16Although, only the large farmers will be able to take advantage of these provisions. In this way both farmers and breeders rights are protected, the breeder is rewarded for his innovation, but without being able to threaten the farmer’s ability to engage in his livelihood independently while supporting the livelihood of other farmers.17

The Act provides for protection of four categories of plant varieties: new varieties, essentially derived varieties, extant varieties and farmers varieties.18 According to Ramanna and Smale this type of classification benefits each of the stakeholder which is correlated with the interests of the specific stakeholders.19 The Act defines extant varieties and farmers varieties as varieties available in India that are notified in Section 5 of the Seeds Act 1966 in situations where it is deemed necessary to regulate the quality of seeds for specific variety for use in agriculture. Farmer’s varieties are those which are in public domain or about which there is common knowledge. Basically both of these varieties have been traditionally cultivated and evolved by farmers or varieties which are wild relatives or landraces of a variety about which farmers possess the common knowledge. An essentially derived variety is one that can be distinguished from the initial variety but retain its essential characteristics. So, in this way benefits under the multiple rights system distributed equitably.

Other important positive aspects of the Act are the detailed and explicit disclosure requirement of passport data requirement at the time of application for a breeder’s certificate. Ban on the use of Genetic Use Restriction Technology (GURT) that terminates the further propagation of genetic material, guaranteed protection against innocent infringement and exemption of fees for farmers.

With respect to environment, the Act recognizes the role of farmers as conservers of agro-

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biodiversity. The contribution of farmers in the conservation of land races, wild relatives of plants and genetic resources whose genes are used in varieties protected under the Act or their contribution in the form of improvement of some plants by selection and preservation, by virtue of this they are entitled financial reward from the National Gene Fund set up under the Act. The “conservation focus even though narrowed for economic use alone, is noteworthy for at least acknowledging the link between conservation and use”.20

4.2. Weak Aspects of the Act

Although, the Act hailed as the progressive legislation, the Act faces a number of inadequacies. While the Act clearly indicates that it will equally protect the rights of plant breeders as well as of farmers, on the contrary India is officially seeking to join the 1978 version of the UPOV convention, and makes provision for the protection of essentially derived varieties (EDVs) which is not required under TRIPS and is based on the TRIPS plus provision of the 1991 UPOV convention.

The provisions are available in the Act for farmers to register their varieties, only very few farmers will be able to register varieties because their varieties generally do not meet the criteria of distinctiveness, uniformity and stability a framework which is directly brought from the UPOV Convention designed particularly to protect the interest of commercial breeders. Apparently the rights of farmers are recognized in the Act and farmers are permitted to protect their plant varieties through registration under the Act. Whereas the PVP format is in place to protect the varieties developed in laboratories under controlled conditions and is insufficient to protect the varieties of farmers developed on farms under uncontrolled conditions.21 India’s PVP legislation followed the trend of UPOV Convention and farmers rights were inserted into the draft bill as an afterthought when civil society organization and farmers group put immense pressure on the government to secure the rights of small farmers.22

It is very difficult for small farmers to espouse the farmer’s rights provision for various reasons. Primarily due to the fact that small farmers usually do not have means and time to prove that they are the true innovators of new plant varieties by demonstrating that their varieties are distinct, uniform and stable. Probably it will be more affluent farmers who would take initiative to register their varieties under PVP system.23 In the absence of external assistance small farmers will be deprived from the PBR system completely. The trends of applications for registration of plant varieties gives strength to the doubt specified above. In May 2007 the PPV&FR Authority started to receive applications for 12 notified species. As on November 22, 2010 only 55 applications are received by the authority for the registration of famer’s varieties, whereas 1180 applications for extant varieties and 673 applications had been received for extant varieties.14 According to Kochupillai “the slow activity under the category of farmers varieties suggest that efforts will have to be made to create greater awareness about the Act among farmers and also to clarify the mechanism that will be used to evaluate the farmers varieties for protection”.14

Moreover, Section 45 mandates the establishment of a gene fund and under Section 46.2(d) the breeders who use farmer’s varieties to breed new varieties will have to pay revenue and it will flow into a Gene Fund. Despite the good intentions to protect the farmers, the implementation of this provision is likely to create problems due to poor drafting of the provision. It uncertain and remains to be seen whether farmers reap any benefits from farmers rights provisions as well as from national gene fund. Protection against bad seed and liability clause of the breeders gives too much discretion to the plant variety authority to decide the compensation. In view of national NGOs working in this field e.g. Gene Campaign, this can create arbitrary decisions. Gene Campaign suggested that on proof of false claims of the breeders, so as to protect the farmers from crop failure, at least double compensation of the value of projected harvest should be awarded to farmer. In case offence is repeated a jail term should be provided.

5. Interrelation between Geographical Indications and Food Security

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A recent proposition for the preservation of traditional knowledge, conservation of genetic resources and recognition of contributions of traditional farmers is through the application Geographical Indications (GIs). These GIs (a sui generis form of IP) are of prime importance in protecting the interests of producers of particular goods, which acquires a specific value because of the reputation of the particular area in which it is produced. In India there are a number of cereals, fruits, pulses, vegetables which is protected through GIs. The important GIs protected goods of India are Darjeeling Tea and Basmati Rice (a fine variety of rice known for its long grains and pleasant aroma). TRIPS Agreement provides the basis for the enactment of the Sui Generis Law for the protection of GIs in India namely Geographical Indications of Goods Act, 1999 which came into force in September 2003.24 The Statement of Object and Reason of the Act stated as “To provide for the registration and the better protection of GIs relating to goods.” Act provides a statutory mechanism for the registration of GIs in India and ensures “exclusion of unauthorized persons from misusing GIs would serve to protect consumers from deception add to the economic prosperity of the producer of such goods and also to promote goods bearing Indian GIs in the export market.”25

6. Concept of Food Security

Since the Green Revolution Food Security is a concept that has been instrumental to analyse agricultural food production. Promotion of Genetically modified (GM) crops through IPRs induced protection has been justified on the ground that their protection and wide distribution would ensure food security.26

“Food Security” as a concept is imprecise and is used in various ways. The term has been defined in at least 200 ways, and described by approximately 450 indicators,27 since its emergence in the literature of green revolution in the period of 1960s and 1970s.

Acknowledgment of the Food and Agricultural Organization (FAO) that problems surrounding to define “Food Security” is connected with operational complexities inherent in the application of the concept to a wide range of interdisciplinary contexts.28 As an agency that specializes in food and agricultural and specifically deals with issues of food and agriculture in all parts of the world regard “Food Security” as mainly concerned “availability of world supplies of basic food stuffs”.29 In the earlier times, this understanding of food security stands on the presumption that food scarcity is the cause of food insecurity.30 As a result promotion of GM crops and modern varieties are promoted under the banner of food security to increase crop productivity and to alleviate food insecurity.

Considering the difficulty in application of the concept to a wide range of technical and policy contexts, FAO adopted a reconstructed definition of food security as “food security is a situation that exists when all people, at all times, have physical, social and economic access to sufficient, safe and nutritious food that meets their dietary needs and food preferences for an active and healthy life.” In 2001 FAO modified this definition, remarking that

“food security is a situation that exists when all people, at all times, have physical, social and economic access to sufficient, safe and nutritious food that meets their dietary needs and food preferences for an active and healthy life”.

Former Definition focused on only one dimension of food security i.e. food shortage in quantitative terms. FAOs approach to food security matches with the works of existing academics in the study of food. For instance food security has been defined by Ryerson University’s Centre for Studies in Food Security as

“a condition in which all peoples at all times can acquire safe, nutritionally adequate, and personally acceptable foods that are accessible in a manner that maintains human dignity”.

This definition recognizes the multifaceted aspects of food security as well as focus on the multiple conceptions of food security in diverse communities. In explaining the concept, the Centre has taken into account five components of food security: Availability, Accessibility, Adequacy, Acceptability and Agency.31

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The Previous conceptions of food security heavily relied on the quantitative aspects of availability. In contrast to previous conceptions it is now widely recognize that food insecurity arise “not due to lack of food or even lack of productive capacity.” The current understanding of food security also considers the qualitative standards of acceptability, adequacy and accessibility.

Despite the wider acceptance and understanding of the current conceptions of food security, international policy frameworks adopted a method to achieve food security whose effectiveness is questionable. In the current global scenario neo-liberal policies of “free trade” presented as a means to ensure food security.32 This neo-liberal model which based on the logic of comparative advantage in international trade promotes developing countries to produce agricultural “commodities for exports.”33 Earnings derived from these exports can be utilized by developing countries which are expected to achieve food security by importing appropriate food from industrialized countries, which have by virtue of their biotechnological advancement in agricultural sector a “Comparative Advantage” to monopolise food production.34 This practice has resulted in policies which are export oriented in developing countries that shift the focus of agricultural policy from “the production of traditional food crops to commodities for exports.” The “cultivation of culturally appropriate staples” is replaced with the production of few “luxury (high-profit) export oriented commodities” which mainly include cash crops such as cotton, coffee, cocoa beans, rubbers, sugar tobacco.35

By 1980-81 for instance, traditional agricultural based products accounted for approximately 39% of all food exports from developing countries.35 By the year 2000-2001, this has fallen to around 19%.36 The increase in the in the export of export oriented commodities such as (flowers, vegetables and fruits) and decrease in staple food crops was approximately 15% to 22% for the same period.36

The recent shift in export from traditional agricultural products to export oriented agriculture is a challenging issue for developing countries as this neo-liberal approach to international trade demands to developing countries to achieve food security by importing food, instead of producing it. Highly subsidized farming in developed countries poses a threat to local markets when massive imports of cheap foods at subsidized rates happens.36 Subsidized foods from industrialized countries flood the domestic markets of developing countries, resulting significant drop in the prices of local agricultural products. This phenomenon makes farming unprofitable, and pushes local farmers into debt.37

6.1. Food Sovereignty

To make sure that food security, in terms of acceptability, adequacy and accessibility of food becomes a reality, the goals and pillars of food security shall be promoted and discussed under the rubric of food sovereignty, rather than security.38 The food sovereignty movement is based on the idea that “feeding a nation’s people is an issue of national security and sovereignty.”39 “Food Sovereignty” is aims to speak to the rights of the States to maintain their own agricultural produce basic foods respecting productive and cultural diversity. Also, the idea recognizes the rights of peoples to decide on the foods they wish to produce and consume.40

The term is coined by the Via Campesina, a global farmers’ movement to describe its vision of participatory rural development policies at the national level.41 At World Food Summit in 1996, Via Campesina presented its position statement; it announces that food sovereignty is a logical precondition for the existence of food security: Long-term food security depends on those who produce food and care for the natural environment. As the stewards of food producing resources we hold the following principles as the necessary foundation for achieving food security. … Food is a basic human right. This right can only be realized in a system where food sovereignty is guaranteed…. Food sovereignty is a precondition to genuine food security.42

Essentially, both concepts differ in a fundamental way. On the one hand the concept of food security is mainly associated with production model of industrial agribusiness. On the other hand concept of food sovereignty primarily deals with agroecological productions which ensure localized control over food systems. However, both the models are mainly concerned with how agricultural

18 •


production ought to be managed in order to address the food insecurity of the large part of the world’s population that is classified as “undernourished”.43

7. Key Issues of IPRs and Food Security

7.1 Privatisation of Genetic Resources

The Green Revolution which is characterized by self sufficiency in productivity, high yielding (HY) seeds and the underlying technology had no issue of IP protection. The big concern of inadequate food production was dealt with the research conducted by public money which created public goods freely accessed by anyone. In Green Revolution IPRs play no role, no proprietary technologies and no patents on products. The high yielding seeds of the Green Revolution were re-used and re-sown by Indian farmers as per the usual practice resulting in rapid spread of high yielding varieties in most of the Indian States. As a matter of fact in the absence of the traditional practices of exchanging and saving seeds, Green Revolution may not have spread as rapidly as it happened in India.44, 45

Conversely, The “Gene Revolution” is controlled by IPRs held by corporations in the form of private property rights over the genetic material. Few big corporations such as Monsanto, Bayer Crop Science, Syngenta, Dow, Dupont and BASF plant Science apparently control all the R&D of the GM crops. Products and processes, including research techniques are patented by these few corporations. So, the seed is company’s property and farmers control over the means of production (i.e. seeds) withered away.

The concentration of agricultural biotechnologies and propertisation of genetic resources in a few big corporations is a big concern for developing countries. So, the food security which is such an important and big concern cannot be let determined by these corporations who virtue of being in a powerful position can cause to mould the national policies in their favour.

7.2 Spread of Monocultures and its effect on agro-biodiversity

It is generally argued that IPRs promote monocropping by providing incentives to private seed sector to create uniform varieties because these varieties offer high yields than the local varieties. This tend to displace the diversity local, traditional and landrace varieties, hence promote monocultures and homogenization which led to vulnerability, genetic erosion and reduced resilience of crops to pests and diseases.46

As mentioned earlier farmers prefer modified varieties in comparison to traditional varieties because these varieties offer higher yields and other special characteristics. So, in respect of environment continuous use of these seeds creates agricultural uniformity after a duration, which is environmentally unsustainable. It has been argued that continuous use of these varieties has potential to create epidemic situation because of its internal tendency of disease prone and vulnerability to externalities.

7.3 Overuse of Patents in Private Sector Research

Overuse of Patents in agricultural biotechnology can lead to a complex web of proprietary claims thereby may cause to stifle innovation in the private and public sector instead of promoting it.47 Main premise behind the protection of IPRs is that it is necessary to assign these rights because it provides the industry with sufficient incentives to innovate. However, these rights should not be extended to primary material such as Genes, DNA etc. because these cause to stifle scientific and technological innovation.

Private sector R&D mainly focuses on major food crops such as rice, wheat and maize because these crops have significant commercial potential. Private sector usually does not encourage breeding related to minor crops with small markets because the returns on these investments will be quite small. This phenomenon also poses challenges to the capacity National Agricultural to fulfill its function of public good in contributing to the elimination of food security due to concentration in propertisation of genetic resources and enabling technologies in few corporations. This indicates that efforts should

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be made to adopt measures to ensure that research should be done to increase the yields of minor crops which are not so commercially profitable as well as cater to the needs of small farmers.

7.4 PVP and Food Security

The causal relationship between IPRs and Food Security is very difficult to find because the involvement of a large number of other complex factors. The empirical evidence on the economic impacts of PVP particularly in the generation of private sector investment and facilitation of transfer of technology has been very limited.48 Few empirical studies suggest that increasing role of IPRs in agriculture harnessing the increased profits for few corporations but decreases in varietal quality of farms and their overall profits.49 Although the neo-liberal model of trade concerning agriculture predicts the improvement of economic situations of farmers and food security, but the fact is that the trend shows a declining pattern. The trend of export oriented agriculture has negatively impacted the food security goals that the States aims to achieve,50 and there is no empirical evidence that can indicate that introduction of PVP in agriculture increased food security.51 Moreover, obligation to pay significant royalties to developed countries and corporations will increase the debt burden of developing countries.

Conclusions

The paper has argued that current IPR regime in India which is TRIPS compliant has exerted significant impact upon the food security in India. Three Patents Amendment Acts, which were made to comply with TRIPS obligations have introduced changes which results in a notable shift from the previous policies of Indian Government pertaining to Patents law. These amendments strengthens the rights of patent holders, creates provisions and opportunity for patenting of microorganisms, plant genetic material as well as to patent the seeds and plant varieties. A ‘Gene’ which is patented by an investor can be inserted into a plant variety and entitles the investor to claim the ‘New Variety’ as novel. So, trends of commodification of genetic resources have started after these amendments which have major implications for agriculture and farmers in India.

The current Legal Framework put emphasis on private property rights for the participation of private sector in agriculture, while it has failed to promote the work of local managers of agro-biodiversity namely farmers and local communities. Neo-liberal economic globalization which have a tendency to place the interests of corporations above the interests of people should be reversed and an appropriate framework should be established which places the interests of the people above the interests of corporations. The emphasis on commercial biotechnology has promoted trade in agricultural products but generally not contributed to meeting the food needs of every human being. Further, it has contributed to the erosion of genetic base necessary for the further development of agro-biodiversity. The recent progress in agro-biotechnology and brisk extension of IPRs to agro-science can prove detrimental to agro-biodiversity and do not improve the food security condition of the local and indigenous communities.

References

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2. Abrams D.S, Did TRIPS Spur Innovation?: An Analysis of Patent Duration and Incentives to In-novate” (2009) 157 U Pa L Rev 1613, p. 1615. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1443412&download=yes (06 June 2013).

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4. Kumar S. et al., India: Patent regime comes of age, Managing Intellectual Property, October 2006:

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7. Rai R. K, Patentable Subject Matter Requirements: An Evaluation of Proposed Exclusions to India’s Patent Law in Light of India’s Obligations Under the TRIPS Agreement and Options for India, 8 CHI.-KENT J. INTELL. PROP. (2008), p. 41- 42.http://studentorgs.kentlaw.iit.edu/ckjip/.../03_8JIntellProp412008-2009.pdf‎ (03 July 2013)

8. Commission on Intellectual Property Rights, “Integrating Intellectual Property Rights and Develop-ment Policy”, London, 2002, p. 63. http://ideas.repec.org/a/eee/inecon/v62y2004i1p237-239.html (13 May 2013)

9. Correa C.M, Access to plant genetic resources and intellectual property rights, in P Drahos & M Blakeney (eds), IP in Biodiversity and Agriculture: Regulating the Biosphere, (London: Sweet and Maxwell, 2001), p. 117.

10. Sharma A.B, New amendments to Patents Act, 1970 to affect farm sector in India’, Financial Express, 3 January 2005, p. 2.

11. Genetic Resources Action Foundation, Ten reasons not to join UPOV, Global Trade and Biodiversity in Conflict, 2 Barcelona, 1998, p. 3. http://www.grain.org/article/entries/1-ten-reasons-not-to-join-upov (23 June 2013)

12. Cullet P, Seeds regulation, food security and sustainable development, Economic and Political Weekly, 40 (32), 2005, p. 4.

13. Kochupillai, M, The Indian PPV&FR Act, 2001: Historical and Implementation Perspectives” Journal of Intellectual Property Rights, Vol 16, March 2011, p. 88-101.

14. Anitha, R, India’s plant variety and farmers’ right legislation: Potential impact on stakeholder access to genetic resources, EPTD Discussion Paper 96 (International Food Policy Research Institute, Wash-ington DC 2002) p. 22-27. http://www.planttreaty.org/content/india%E2%80%99s-plant-variety-and-farmers%E2%80%99-rights-legislation-potential-impact-stakeholder-access-ge (23 August 2013).

15. Navara Ecological Farms farmer and environmentalist ‘Narayanan Unny’ was awarded the Plant Genome Savior Community Recognition Award in February 2009 for ‘outstanding services in improvement, conservation and exchange’ of the high value medicinal plant Navara, http://www.navara.in/html/awards%20to%20NEF.html (Accessed on 12, 2012).

16. For detailed provisions on farmers’ rights see Chapter 6 of the PPV&FRs Act. Also note Chapter 7 of the Act deals with compulsory Licensing (CL) provisions. According to Section CL provision which falls in Section 47.1 of the Act, After three years a variety is officially registered, any person can apply for a compulsory license through the PPVFRs Authority ‘‘alleging that the reasonable requirements of the public for seed or other propagating material of the variety have not been satisfied or that the seed or other propagating material of the variety is not available to the public at a reasonable price.’’ To protect public interest, the Act stipulates under Section 29.1 as ‘‘no registration of a variety shall be made under this Act in cases where prevention of commercial exploitation of such variety is neces-sary to protect public order and morality or human, animal and plant life and health or to avoid serious prejudice to the environment.’’ Public interest provision of the Act is stronger than the public interest provision of the UPOV Convention.

17. Sahai, S, India’s Plant Variety Protection and Farmer’s Rights Legislation, in Global Intellectual Prop-erty Rights: Knowledge, Access and Development, Drahos, P. and R. Mayne (Eds.), 2002, Palgrave Macmillan, p. 222.

18. Section 1419. Ramanna, A. & Smale, M, Rights and access to plant genetic resources under India’s new law, Devel-

opment Policy Review 22/4 (2004) 423, p. 429.

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20. Dang R and Goel C, Sui Generis Plant Variety Protection: The Indian Perspective, American Journal of Economics and Business Administration 1 (4): 2009, pp 303-312.

21. Ramakrishna, T, ‘‘Globalization and the International Governance of Modern Biotechnology Develop-ment of IPR Regime in India with Reference to Agricultural Biotechnology, National Law School of India University, Centre for Intellectual Property Rights, Research and Advocacy, 2002,http://www.gapresearch.org/governance/NLSIPRsIndiafinal.pdf (03 September 2013).

22. Cullet, P, Revision of the TRIPS Agreement Concerning the Protection of Plant Varieties, Lessons from India Concerning the Development of a Sui generis System, Geneva: International Environmental Law Research Centre, 1999, p. 12-22. http://www.ielrc.org/content/a9903.pdf (12 November2012).

23. Cullet, P. and R. Koluru, Plant Variety Protection and Farmers’ Rights, Towards a Broader Understand-ing, Delhi Law Review, Vol. 24, 2003, p. 41-59.

24. Balganesh S, Systems of Protection for Geographical Indications of Origin: A Review of the India Regulatory Framework, Journal of World Intellectual Property, 6(1), pp 191-205.

25. See Statement of Objects and Reasons of the Geographical Indications of Goods (Registration and Protection) Act 1999.

26. Engel, K.H. et al., Current and Future Benefits from the Use of GM Technology in Food Production (2002) 127 Toxicology Letters, p. 329-336.

27. Edward A. & Redclift M. R, “Human Security and the Environment: International Comparisons” (Cheltenham: Edward Elgar Publishing, 2002), p 129.

28. Oguamanam C, Agro-Biodiversity and Food Security: Biotechnology and Traditional Agricultural Practices at the Periphery of International Intellectual Property Regime Complex, (2007) Mich St L Rev 215, p 231. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2283471 (20 July 2013).

29. Mechlem K., “The Right to Food, Food Security and Biodiversity Conservation” (Presentation at IUCN World Conservation Congress, 19 November 2004, Bangkok).

30. Brussaard L. et al., Reconciling Biodiversity Conservation and Food Security: Scientific Challenges for A New Agriculture, Current Opinion in Environmental Sustainability (2010) 2, p. 1. http://www.sciencedirect.com/science/article/pii/S1877343510000151 (21 July 2013)

31. The Centre has clearly defined the concept by providing components of the working definition of food security:Availability: sufficient availability of the food for all the people at all the timesAccessibility: economic and physical access to food for all the people at all the timesAdequacy: nutritious and safe food accessibility which is produced in environmentally sustainable waysAcceptability: accessibility to culturally acceptable food, which is produced and obtained without compromising people’s dignity, self-respect or human rightsAgency: the policies and programs that enable the achievement of food securitySee Centre for Studies in Food Security at Ryerson University, “Food Security Defined” online: Ryerson University, http://www.ryerson.ca/foodsecurity (Accessed on 12, 2012).

32. Gonzalez C.G, Trade Liberalization, Food Security, and the Environment: The Neoliberal Threat to Sustainable Rural Development, Transnational Law and Contemporary Problems, Vol. 14, p. 419, Fall 2004 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=987150 (23 July 2013)

33. Shiva V & Bedi G, Sustainable Agriculture and Food Security: The Impact of Globalization (Thousand Oaks: Sage Pub, 2002), p. 221-234.

34. According to Comparative advantage theory free market is best equipped to address food security concerns. It claims each country which specializes in particular goods in which it is relatively efficient should export part of production of that good and in exchange import goods in whose production it is, at a comparative disadvantage.

35. Dixit AK & Norman VD, Theory of International Trade: A Dual, General Equilibrium Approach (Cambridge: Cambridge University Press, 1980), p. 239-251.

36. Shiva V, War against Nature and the People of the South in Sarah Denny Anderson, Views from the South: The Effects of Globalization and the WTO on Third World Countries (Chicago: Food First Books, 2000), p. 116-122.

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37. Menezes F, Food Sovereignty: A Vital Requirement for Food Security in the Context of Globalization, Development, December 2001, Volume 44, Number 4, p.29-33.

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41. Inclusive and sustainable food security depends on those who produce food and care for the natural environment. As the stewards of food producing resources we hold the following principles as the necessary foundation for achieving food security. … Food is a basic human right. This right can only be realized in a system where food sovereignty is guaranteed…. Food sovereignty is a precondition to genuine food security. Via Campesina, Food Sovereignty: A Future without Hunger (1996) online: http://www.voiceoftheturtle.org/library/1996 per cent20Declaration per cent20of per cent20Food per cent20Sovereignty.pdf (13 December 2012).

42. International Assessment of Agricultural Knowledge, Science and Technology for Development, The right of peoples and sovereign states to democratically determine their own agricultural and food policies. Global Report: Agriculture at Cross Road (Washington: IAASTD, 2008), p. 10. http://www.greenpeace.org/international/en/publications/reports/agriculture-at-a-crossroads-report/ (23 December 2012).

43. According to FAO estimates 925 million people are undernourished in 2010, FAO, The State of Food Insecurity in the World: Addressing Food Insecurity in Protracted Crises (Rome: Food and Agriculture Organization of the United Nations Rome, 2010), p. 8.

44. Sabine D, Intellectual Property Protection for Crop Genetic Resources: A Suitable System for India, (UTZ Herbert Utz Verlag, Munich), 2005, p. 243-259.

45. According to experts opinion India’s agricultural policies have served more to the large landowners and have neglected the needs of the marginalised and small farmers.

46. Kesan J, Insecure Property Rights and Plant Varieties: The Effects on the market for Seeds and on Farmers in Argentina in Agriculture and Biotechnology and Intellectual Property: Seeds of Change, Kesan, J.P. (Ed.). CABI Publications, 2007, p. 222.

47. FAO, World Agriculture-Towards 2015/2030, Earthscan 2003, London, p. 246.48. Srinivasan C.S. et al., An empirical analysis of the effects of plant variety protection legislation on

innovation and transferability, in 10th International Congress (European Association of Agricultural Economists, Zaragoza, Spain), 28-31 August 2002, p. 21-32. http://ageconsearch.umn.edu/handle/24788 (25 July 2013).

49. Derek E and Van T.F, Should Europe further strengthen intellectual property for plant breeders? An analysis of seed industry proposals, in 11th International Congress (European Association of Agricultural Economists Copenhagen, Denmark), 23-27 August 2005, http://ideas.repec.org/p/ags/eaae05/24725.html (24 March 2013).

50. Mitra, S., “Patent and food security-opening Pandora’s box”. Journal of Intellectual Property Rights 2008 (13), pp 145-151.

51. Sharma D, The Great Trade Robbery: World Hunger and the Myths of Industrial Agriculture, in Gene Traders: Biotechnology, World Trade, and the Globalization of Hunger (Brian Tokar ed., 2004), p 91.

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EFFECT OF GENDER, TYPE OF SCHOOL AND SO-CIO -ECONOMIC STATUS ON THE ACQUISITION OF ENGLISH AS A SECOND LANGUAGE AMONG

SECONDARY SCHOOL LEARNERS

Dr. Seema singh rathore* Harsha ankodia**

Abstract : The widespread need for English as a second language or a foreign language puts a considerable pressure on educational resources of many countries to provide English knowledge. In India, English, however, is not spoken in an identical manner. Different varieties or dialects of English exists, reflecting such factor an as individual degree of education, ethnic group, social class, or geographical location. In order to understand the importance of English teaching and learning, the achievement of secondary school students in English is considered for detailed to this study.Key Words – Acquisition, English as a second language, secondary school learnersIntroductionLanguage is a means of discovery: discovery of the self and of the world. The human urge to share with others or express one’s thoughts and desires drives the learning of a language. Obviously, communication is a function of language-perhaps, according to some plausible but still in devised scale, the most important function. But communication does not appear to be the only function of language. Language is used for thought, for problem solving, for play, for dreaming, for displays of group solidarity for deception, for certain specialized literary modes such as represent speech and possibly to fulfill an instinctive need for symbolic behaviour.Language is the use of an organized means of combining words in order to communicate. It makes possible for us to communicate with those around us. It also makes it possible to think about things and processes we currently cannot see, hear, feel, touch or smell. These things include ideas that may not have any tangible form. Language permits us to communicate with one or more people who share our language.Language creates an arbitrary relationship between a symbol and its referent – an idea, a thing, a process, a relationship or description. Language has a regular structure only particular sequence of symbols (sound and words) have meanings. Despite having the limits of structure language users can produce novel utterances, the possibilities for generating new utterances are virtually limitless.Second Language Acquisition: - Current thinking about language acquisition has incorporated the understanding that acquiring language really involves a natural endowment modified by the environment (Bates & Goodnman, 1999; Lightfoot, 2003;Mac Whinney, 1999; Maratos 2003; Wexler, 1996) For eg., the social environment, in which infants use their social capacities to interact with others, provides one source of information for language acquisition (Carpenter, Nagell & Tomasello, 1998, Snow, 1999; Tomasello 1999) There are many factors, which affect second language acquisition (SLA). Socio-economic status (SES), family environment and personality traits were identified as significant factors (Chandrakanthi S., 2003) Besides these, variables such as sex, locality, experience, type of management also affect second language acquisition (SLA) process (Singaravelu G., 2001); Aptitude, verbal intelligence,

* Senior Assistant Professor, Department of HRM and IB, ICG Mansarovar, Jaipur, Rajasthan ** Research Scholar Department of Management, ICG Mansarovar, Jaipur, Kota

24 •


motivation, study habit influence the language skills (Chandrakanthi S., 2003)Several studies have confirmed the impact of language on the social structure in terms of not only regional character but also family background in educational attainment and child’s linguistic development. Language, when used for communication is a tool and handling any tool requires certain skill (Gautam 2002) when it is said tat particular person is a good user of language it is meant that he has all the four skills of English language i.e. Listening, speaking, Reading and Writing (LSRW).Language learning occupies an important place in the all round development of the child. Proper learning of the four basic language skills listening, speaking, reading and writing (LSRW) facilitates learning in other curricular area. The proverb “Do not give your student fist, but teach them how to fish” is true in language teaching especially in teaching a foreign language like English. Even though English is a national and international link language. Many teachers find it difficult to teach. The task becomes more challenging when we have to teach English in rural schools.Human seem to progress through stages in acquiring language – cooing, babbling-one word utterances – two word utterances and telegraphic speech-basic adult sentence structure. Over the course of development language complexity, vocabulary and even strategies for vocabulary acquisition become increasingly sophisticated. Objectives of the Study(i) To ascertain the extent to which pupil’s socio economic status affects the acquisition of English as a second language.

ii) To find out the influence of gender on the acquisition of English as a second language.iii) To measure the achievement in English of secondary school learners of Private and government

schools.iv) To compare the achievement in English of secondary school learner of Private and Government

school.v) To compare the achievement in English of boys and girls of Private school.vi) To compare the achievement in English of boys and girls of Government schools.

Method used in the study:- In this study descriptive studies are most appropriately used by the researcher. A descriptive study describes and interprets what is. It is concerned with conditions or relationships that exists, opinions that are held, process that are going on, effects that are evident or trends that are developing. It is primarily concerned with the present, although it often considers past events and influences as they related to current conditions.Population:- The entire population here refers to all the IX class learners of Government and Private Schools of Rajasthan Board of Secondary Education of Kota city. Tools of the Present Study: - The following tools are used in present study:

1. English Language Achievement Test (ELAT) prepared by investigator herself which is further divided into 4 parts Listening Speaking, Reading, Writing.

2. Personal datasheet has been developed to know the students’ socio-economic status. Below Rs 1, 50,000 annual =Low SES Above Rs 1,50,000 annual =High SES

Statistical Techniques:- The following statistical techniques are used in the present study:i) Meanii) Standard Deviationiii) ‘t’ Test df=198, value of ‘t ‘ at 0.05 level of significance =1.97 df=198, value of ‘t ‘ at 0.01 level of significance =2.58

Analysis and Interpretation of Data• There is significant difference in the achievement in English between the learners of Private and Government Schools.

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• There is significant difference in the achievement in English between boys and girls of Government Schools.

• There is significant difference in the achievement in English between boys and girls of Private Schools.

• There is significant difference in the achievement in English between boys and girls of Government Schools.

• There is significant difference in the achievement in English between girls of Private and Government Schools

• There is significant difference in the achievement in English between girls of High Socio-economic Status of Private and Government Schools.

• There is no significant difference in the achievement in English between girls of Low Socio-economic Status of Private and Government Schools.

• There is significant difference in the achievement in English between boys of Low Socio-economic Status of Private and Government Schools.

• There is significant difference in the achievement in English between boys of High Socio-economic Status of Private and Government Schools.• There is no significant difference in the achievement in English between boys and girls of Low Socio-economic Status of Government Schools.• There is no significant difference in the achievement in English between boys and girls of Low Socio-economic Status of Private Schools.• There is no significant difference in the achievement in English between boys and girls of High Socio-economic Status of Government Schools.• There is significant difference in the achievement in English between boys and girls of High Socio-economic Status of Private Schools.• There is significant difference in the achievement in English between the learners of High Socio-economic Status of Private and Government Schools.• There is significant difference in the achievement in English between the learners of Low Socio-economic Status of Private and Government Schools..• There is no significant difference in the achievement in English between the learners of Low socio-economic and High Socio-economic Status of Private Schools.• There is no significant difference in the achievement in English between the learners of Low socio-economic and High Socio-economic Status of Government Schools.•Conclusion Research shows that parents of higher economic status prefer to send their children,

irrespective of their gender, in private school in comparison to government school. As far as parents of low socio economic status are concerned, the prefer to send their male child to school. As their economic condition allows them, they send their children to government school. Family , social culture and financial condition bound them to not send their girl child to school.

In other words, high socio-economic status affects the acquisition of English as a second

language in private school whereas effects of gender in parents of low socio-economic status in government schools are quite high.

.

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CUSTOMER PURCHASING DECISIONS AND BRAND EQUITY: A STUDY ON MULTI- UTILITY –

VEHICLES(MUV) IN UTTAR PRADESH

Dr. Mohd. Sadiq Anis*

ABSTRACTAn marked increase in competition amongst different car companies it become extremely important for marketers to focus on branding of their products. Brand equity is important tool for associating a brand and influencing customers in making purchase decisions for particular brand. Factor analysis is used to understand the underlying factors influencing customers in positive purchase intension. The study throws light on various factors of brand equity marketers much focus on to attract and retain their prospective and existing customers. The study concludes that right marketing mix in marketing strategy a pivotal role in customer purchase decision criterion.Keywords: Brand equity, Brand association, Brand loyalty.IntroductionIn global market where many functionally similar products are available from wide range of suppliers, the ―brand name‖ has become differentiating tool to offer the promise of value and quality to consumers. Building strong brand enables firms to lower their marketing cost and develop ability to charge premium price for their products. The concept of measuring value of brand come in to existence when advertising practitioners in U.S. first coined the term ―brand equity‖ in early 1980s. Strong brand equity helps the firm to establish and identity themselves in the market place (Aaker, 1996) and reduces vulnerability in competitors action leading to higher margins and greater intermediary Co-operation. In measuring the overall value of a brand, researchers and practitioners have begun to examine the concept of ―brand equity‖ (Baldinger et.al 1990; Keller, 1993) as right exploitation of it can bring tremendous value to producers, retailers and consumers of the brand. Historically, research has suggested that brand equity can be estimated by subtracting the utility of physical attributes of products from total utility of a brand and also helps in improving brand value by charging premium over its competitive brands. Brand equity refers to the marketing effects accrued to product with its brand name compared with those that will be accrued if the product did not have the brand name. It refers to the incremental utility or value added to a product from its brand name.Five Assets Model of Brand Equity(Aaker, 1991) concluded that brand equity can be evaluated through brand loyalty, brand awareness, perceived quality, brand associations and other proprietary brand assets in five different dimensions shown in figure1. The implication of model helps in managing brand equity and considers sensitive value to make informed decisions about brand-building activities. Brand equity is important at purchasing time as it influences customers and compete with the competitor’s attractions.Literary Contributions(Gaedebe, 2007) identified brand name, pricing and distributor’s reputation are the most important factors to determine brand equity of different models of cars. (Keller, 1998) describes consumer’s memory as a function of a set of nodes and links of the various associations related to brands. The perceived quality of the brand is associated with price premiums, price elastic ties, brand usage, and

*Senior Lecturer’s, Syscoms College, Abu Dhabi, UAE

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remarkably, stock return (Aaker ,1996). (Morgan, 2000) identified that brand equity can be studied in terms of perceived quality, brand awareness, brand associations and brand loyalty. (Yoo et.al , 2001) designed brand metrics for measuring the qualitative parameters of brand performance evaluated effectiveness of brand-building. (Simon and Sullivan ,1993) conducted empirical study on automobile firms and concluded that brand equity is important measurement issue for intangible assets in the new economy. He also validated the effect of brand equity on the value of the firm and addressed the capital market effects of intangible associations with brand value. (Chen C and Chang Y., 2008) evaluated the effects of brand equity on brand preference and purchased intentions. They demonstrated the moderating effects of switching cost on the relationship between brand equity and purchase intentions on airline profitability. (Rangaswamy et.al , 1993) emphasized on underlying dimensions of brand equity and their affect on financial performance of the firms. (Keller, 2003) concluded that brand equity can add value endowed by the brand name. (Park and Srinivasan , 1994) conducted study on various car models in european market and concluded that brand equity should be evaluated in terms of consumer knowledge, familiarity, and associations with respect to the brand. (Cobb Walgren et al.; 1995; Keller, 1993) coined the customer-based definition of brand equity as ―the differential effect of brand knowledge on consumer response to the marketing of the brand.‖ A thorough understanding of brand equity from the customer’s point of view is essential for successfully managing the brand.

Objectives of the StudyThe purposed of the research is to identify the attributes of brand equity and marketing mix influencing purchasing decisions of the cars. Hence the study is aimed at analyzing the following objectives:1. To identify and analyze factors of brand equity influencing purchase decisions with reference to MUV segment of cars.2. To study attributes of marketing mix influencing consumers purchase decisions of MUV’s. 3. To draw out managerial implications of the findings of the study.

Figure:1 Five asset model of brand

Source: Aaker DA (1996). Building Strong Brands, The Free Press, New York, NY.

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Research MethodologyAn empirical study was undertaken to understand key dimensions of brand equity impacting purchase decision of cars. Questionnaire with open and close ended questions were circulated through investigators. In all 130 respondents were selected who owns cars of Maruti, Hyundai, Fiat, Tata, Chevrolet and other brands. The responses were recorded through trained investigators who were well versed with the objectives of the research study. The universe of study was large and heterogeneous so stratified sampling was adopted. The study was conducted among the car owners residing at Rohtak, Jhajjar, Bhadurgarh and Sonepat possessing diversified demographic profile. Study was conducted on the respondents who are the owners of different segment of MUV’s. These cars are especially popular among the entry and middle price segment of car customers reason being hatchback models are price effective and large number innovative features available to the customers in terms of options, features, driving experience and post sale support of different brands of car. Descriptive tools such as percentage, mean, standard deviation and coefficient of variation has been used to describe profile of customers Factor analysis has been adopted to identify the factors of brand equity which are influencing customer purchase decisions. The data was collected from January to July 2010.ANALYSIS AND RESULTSTable 1 Demographic Characteristic of Respondents

I Gender % of Respondents

Male 73Female 27II Age Group

25-30 2030-35 2735-40 30Above 40 23III Occupation

Businessman 50

Professionals 27

Students 7

Others 16

Table 2 Elements of Brand Equity

(I) Perceived Quality StatementsPQ1 I trust the quality of this brand.PQ2 Products from this brand would be of

very good quality.PQ3 Products from this brand offer

excellentfeatures.

(II)Brand Awareness:BAW1 Some Characteristics of this brand

come to myMind very quickly.

BAW2 I am familiar with this brand.

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BAW3 I can recognize this brand quicklyamong other competing brands.

(III) Brand AssociationBAS1 This brand has very unique brand

image, compared to competingbrands.

BAS2 I respect and admire people who arehaving this brand.

BAS3 I like the brand image of thiscompany.

BAS4 I like and trust this brand.

(IV) Brand Loyalty:BAL1 I consider myself to be loyal to this

brand.BAL2 If in future, I want to buy the new car

this brand would be my first choice.BAL3 I would love to recommend this

brand to my friends.BAL4 I will buy this brand even if it

increases the price.BAL5 When buying cars this brand will be

my first choice.

In table 2 the various elements of brand equity along with their coded statement are shown.

Table 3

KMO and Bartlett’s Test for Elements of Brand Equity

Kaiser-Meyer-Olkin Measure of Sampling Adequacy. .600

Bartlett’s Test of Sphericity Approx. Chi-Square 187.858

df 105Sig. .000

Before proceeding for factor analysis appropriateness of factor analysis is to be assessed. This can be done by examining adequacy through Kaiser Olkin (KMO) statistic. KMO value greater than 0.5 is considered to be adequate (Kaiser and Rice, 1974). From the table 3 value of KMO is acceptable indicating that pattern of correlation are relatively compact and factor analysis can yielded distinct and reliable results. Barlett test result is significant (P<.0001) represent that factor is acceptable. The items in the individual category subjected to Principal Component Analysis(PCA) with varimax rotation and Kaiser normalization using SPSS 10.0.The items having factor loading less than 0.5 are to be eliminated.Table 4 Communalities

CommunalitiesSr. Initial Extractionno.1 BAL1 1.000 .7762 BAL2 1.000 .6723 BAL3 1.000 .8534 BAL4 1.000 .6855 BAL5 1.000 .700

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6 BAS1 1.000 .7057 BAS2 1.000 .8028 BAS3 1.000 .5849 BAS4 1.000 .78010 BAW1 1.000 .66411 BAW2 1.000 .71212 BAW3 1.000 .84013 PQ1 1.000 .64614 PQ2 1.000 .76615 PQ3 1.000 .777

Extraction Method: Principal Component Analysis.

Table 4 gives the initial communalities estimates of variance accounted for all components or factors. Extraction communalities are estimates of the variance in each variable accounted for the factors in the solution. Small values indicate that variables do not fit well with factor solution and can be dropped from the analysis. Principal component analysis (PCA) involves a mathematical procedure that transforms a number of possibly correlated variables into a smaller number of uncorrelated variables called principal components.Table 5 list eigen values associated with each linear component associated with each linear component (factor). Before extraction 15 linear components were identified within the data set. Eigen values associated with each factor represent the variance explained by each linear component. Five components are identified totaling cumulative contribution of seventy three percent. Table 6 and table 7 matrix gives components before and after rotation. The matrix loading less than 0.4 are can be suppressed from the output. Scree plot shown in figure 2 represent point of inflection of the curve. The curve trails after five factors but there is another drop at four factors before stable plateau. Therefore, first five factors are retained. Table 7 represents rotated component matrix representing matrix of factor loadings for each variable on to each factor. It can be seen from table 7 that variables BAL4, BAL1, BAL2, Bal5, BAW1, BAL3 having values of principal components of .781,.773,.752.746,.710 and 685 respectively have loadings on factor 1. This suggests that factor 1 is the combination of these six variables. Therefore, the factor can be interpreted as customer loyalty. For factor 2 we see that BAS1, BAS3, BAS4 has high loadings indicating factor 2 is the combination of these variables .The variable can be clubbed into single factor trustworthiness. As for factor 3 it is combination of variables BAL3 and PQ2 values are .566 and .812 respectively and can be clubbed in to factor of brand advocacy. Factor 4 is combination of two variables BAW3, BAS4 component values being .897 and .701 representing factor lading on facto 4 and combination of two variables can be termed as brand distinction. factor5 is comprised of single variable that is PQ3 focusing onthe Innovative features.

Table 5Total Variance Explained

Initial Eigenvalues Extraction Sums of Squared Loadings Rotation Sums of Squared Loadings

% of Cumulativ e % of Cumulativ e % of Cumulativ e

Component Total Variance % Total Variance % Total Variance %

1 4.267 28.446 28.446 4.267 28.446 28.446 3.682 24.547 24.547

2 2.212 14.749 43.195 2.212 14.749 43.195 1.995 13.301 37.848

3 1.816 12.104 55.298 1.816 12.104 55.298 1.928 12.855 50.704

4 1.479 9.862 65.160 1.479 9.862 65.160 1.830 12.200 62.903

5 1.186 7.908 73.068 1.186 7.908 73.068 1.525 10.165 73.068

6 .948 6.321 79.389

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7 .751 5.004 84.393

8 .619 4.126 88.519

9 .447 2.979 91.498

10 .397 2.646 94.144

11 .265 1.766 95.910

12 .207 1.381 97.291

13 .165 1.102 98.392

14 .141 .939 99.331

15 .100 .669 100.000

Extraction Method: Principal Component Analy sis.

Extraction Method: Principal Component Analysis. Rotation Method: Varimax with Kaiser Normalization.(A) Product MixProduct mix of a company refers to all product lines carried out by the car firm, where each line reflects one type of product. So product line length and product should be focused with brand prospective.From table 8 it can be interpreted that availability of brands is one the key important attribute in comparison to other sub factors of product mix, as variation among the responses is minimum for the statement. Maruti brand have clear cut advantage in comparison to other brands like Hyundai, Fiat, TATA and Chevrolet. The car owners are having negative attitude in terms of product mix offered to them as still marketers has to work in terms of right product mix for their customers.

Table 6Product Mix

(A) PRODUCT MIX Mean Standard Coefficient

Deviation of

Variation1 Brands are easily available. 4.7 0.59 12.54

2 The purchased brand 2.75 1.50 54.52

assures me of technical

quality of the product.

3 The purchased brand 3.45 0.85 24.50

assures me of functional

benefit of the product.4 The purchased brand is 3.25 1.04 32.13

matching the expectations

with the product features.5 The purchased brand has 4.05 1.20 29.51

given me immense

psychological satisfaction.

Source: Field Data(B) Price MixIndian customers are very price sensitive and price mix is one of the very important decision criterion (Biel, 1992)in the making purchase decisions. The customers disagree on account of price mix offered to them.

Table 7

(B) PRICE MIX Mean Standard Coefficient

Deviation of Variation

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1 Price of the brand is 4.2 0.89 21.3

Affordable to me.

2 The manufacturer are 2.75 1.32 48.07

charging higher price on

account of popular brand

name.

3 3.55 0.92 25.93

The brand gives me value

for money spent on it.

4 The brand name conveys 4.05 0.96 23.79

that I cannot be cheated on

Price front.

Source: Field DataIn table 9 price mix sub category affordable price is key important factor for selecting particular brand of car. Maruti, TATA and Hyundai brand are considered to be affordable in comparison to brands other brands like Ford, Fiat and Chevrolet in MUV segment.(C) Promotion MixPromotion mix for has immense importance in customer purchase decisions .If promotion tools applied sensitively, it can increase chances of successful branding of product. Promotion helps in increasing awareness among customers. It is only through promotion prospects come to know about promotional offers offered by companies (Simon,1993). It provides information to prospects and develops positive brand image of the product. Promotion can be done through advertisements, discounts and other promotional scheme. Customer believe that promotional offer have significant effect on their purchase decisions. Owners of the various brands of cars still believe that complete disclosure of information is still very critical in promotional offers customized by various marketers of cars.(D) Distribution and Service FactorDistribution and services is important factor in case of car brands. Sub factor of it shown in table 11 regarding updated information available to dealers is especially important from the brand prospective. Dealers should also provide services so that the satisfaction level of users can be enhanced in prospective of developing the brand image.

(F) Trust AttributesTrust attributes is a set of beliefs (Farquhar,1989) branded product position themselves regarding their performance.

Table 8

Trust Attributes Mean Standard Coefficient(F) Deviation of

Variation1. Economy 3.35 1.29 38.48

2. Safety 3.35 0.98 29.28

3. Performance 3.3 1.11 33.59

Customer Support 3.15 1.10 34.784.

Source: Field DataIn table 13 different variables included in trust attributes are shown. Standard deviation for safety variable is minimum representing that customers are paying lot much focus on the safety feature like

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air bags facility, anti collision systems and consider it as one of the evaluation criterion in making the purchase decisions. Tata brand has clear cut advantage of trust and dependability attribute in the mind set of customers.In table 14 sub variables of image attributes are shown. Coefficient of variation is minimum for sporty looks variable representing very less variation of the factor. The respondents consider sporty looks in car model in building image attributes. Maruti and Chevrolet clear have competitive advantage on this front.MANAGERIAL IMPLICATIONS OF THE RESEARCH STUDYStrong brand equity has significant influence on the purchasing decision of the cars. It can be exploited by marketers by charging premium price, developing customer loyalty opportunities and enables the firms to generate profitability (Haigh,1996). Brand equity should be inculcated right from the conceptualization of model for different markets to its post sale support. Brand should be developed and projected according to image in customer’s mind. Significant work is to be done on the behalf of marketers for the synchronization of the supply chain because due to non availability of model of particular brand, customers are forced to move towards the competitive brand (Asker,1990). Companies should focus more on right pricing mix of their product and should develop closer association with the financing institutions as customers are considering it as one of the criterion in making purchases of the cars. Focus should be made on loyalty discounts and customer should be valued on the basis of adherence to the brand. Marketers should positioned there brands on attribute of trustworthiness by disclosing transparent information about their promotional offers. Marketers of cars should develop customer experience with the brand should be made so great that in turn binds customer to be brand loyal in turn enhance the equity of the brand. Brand managers should make distinction in their brand offerings from the existing players. Differential in customer experience with the brand would generate positive word of mouth and generates momentum needed in the market place. To develop strong brand equity the brand managers can exploit online platform of social networking site as the sites enable interaction with customers and tickles the curiosity of newcomers for different brands. Social networks and other relevant tools like Facebook, Twitter and Orkut along with websites like Yelp, GroupOn and Foursquare work online strategy for developing strong brand equity. The interactive nature of the sites ensures two way communication between the patrons and people behind the venture. Social networking sites can be used to put prospect’s reference group members reviews about favorite cars, there videos and their reviews about different cars features can be placed to enable prospects for making comparisons and make meaningful purchase decision. Electronic platform becomes relevant as it, connection between buyers and sellers happen in real time. This shortens the sales cycle increases return on investment as till now advertising through social media forms a smaller part of brand’s marketing budget. Google maps can be offered to show rooms sites. The companies should move from search engine optimization to social media optimization of which potential is still unexplored.CONCLUSIONStrong brand equity allows the companies to retain customers better, service their needs more effectively, and increase profits. Brand equity can be increased by successfully implementing and managing an ongoing relationship marketing effort by offering value to the customer, and listening to their needs.Brand equity factors influencing customer purchase decision criterion has been discussed. The study concluded that brand managers efforts should be focused on customer loyalty, trustworthiness, brand advocacy, brand distinction and innovative features in managing brand equity. Right marketing mix should be focused to exploit brand equity in terms of the purchase decisions and repetitive sales of the products. Further, it can concluded that it was not only the marketer’s name which create a brand image in the mind of customer but dealer’s name also influence also develop the brand image attributes.

REFERENCES• Asker, David A (1990), ―Brand Extensions: The Good, the Bad, the Ugly‖, Sloan Management Review,

Summer, p. 42.

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• Aaker, David.(1991). ―Managing Brand Equity: Capitalizing on the Value of a Brand Name‖. The Free Press, Simon and Schuster, Inc.

• Aaker, David. (1996) , ―Building Strong Brands”, The Free Press, Simon and Schuster Inc.• Baldinger, Allan L(1992) , ―What CEOs are saying about Brand Equity: A Call to Action for

Researchers‖, Journal of Advertising Research, July-Aug, PP. Rc-6-12.• Biel, Alexander I.(1992), ―How Brand Image Derives Brand Equity‖, Journal of Advertising

Research, Nov-Dec , p.12.• Cobb-Walgren, C.J., Ruble, C.A., Donthu, N., (1993) ,. Brand equity, brand preference and purchase

intent.• Journal of Advertising 24 (3), 25–40.• Chen Ching Fu and Chang Yu Ying(2008), ―Airline brand equity, brand preference, and purchase

intentions—The moderating effects of switching costs‖, Journal of Air Transport Management 14, 40–42

• Farquhar, Peter H(1989), ―Managing Brand Equity‖,• Marketing Research, A Magazine of Management and Applications, PP 23-33• Gaedebe R(2007), ―Consumer Attitude Toward s Cars made in Developing Countrioes‖, Journal of

Retailing, 49,(summer), pp13-24.• Haigh, David(1996), ― Brand Valuation: A Review of• Current Practice‖, London, Institute of Practitioners of• Advertising.• Kaiser . HF and Rice (1974).‖Little Jiffy Mark IV‖,• Educational and Pschological Measurement, 34(1),111-17• Keller, Kevin Lane (1993), ―Conceptualizing, Measuring,

and Managing Customer-Based Brand Equity‖, Journal of• Marketing, 57 (January):1-22.• Keller K.(1998), ―Strategic Brand management: building, measuring, and managing Brand Equity‖,

New Jersey, Prentice Hall.• Keller, Kevin L.(2003), ―Strategic Brand Management,• Building, Measuring, and Managing Brand Equity‖ .2nd Ed. Prentice Hall, Upper Saddle River, New

Jersey.• Morgan, R.P.( 2000), ―. A customer-oriented framework of brand equity and loyalty.‖,• International Journal of Market Research 42 (3), 65– 120.Schiffman Leon G (2008), ―Consumer

Behavior‖,• Prentice, Hall of India Private Ltd Park, Chan S. and V. Srinivasan (1994), ―A Survey Based

Method for Measuring and Understanding Brand Equity and its Extendibility,‖• Journal of Marketing Research, 31 (May), 271-288.• Rangaswamy, A., R. R. Burke and T. A .Olive• (1993), ―Brand Equity and the Extendibility of Brand Names,‖ International Journal of Research in

Marketing, 10,1, 61-75• Simon, Carol J. and Mary W Sullivan (1993), ―The• Measurement and Determinants of Brand Equity: A• Financial Approach,‖ Marketing Science, 12 (Winter), 28-52.• Yoo, B., Donthu, N. ( 2001), ― Developing and validating a multidimensional customer-based equity

scale‖,. Journal of Business Research 52 (1), 1–14• WEBSITES• www.indiacars.com • www.marutisuzuki.com • www.autoindia.com • www.wikipedia.com • www.interbrand.com • www.brandchannel.com • www.auto.indiamart.com

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AUTOMATED RECORDERS & INFORMATION PROCESSING SENSOR

(ARIPS)

INTRODUCTIONCollaboration of communication and technology has made the idea of world as a global village a reality of the near future. Communication began as a means of transferring ideas between two or more individuals. The use of wireless networking and internet has made global access of information and communication a child’s play. The day is not far when we would have NGNs (Next Generation Networking) would encompass all mode & means of communication. Global Communication will not only be the technology for communication but will be a part of the social lifestyle of each individual as is evident from the present popularity of social blogging. The idea is of a secure communication device which would have widespread applications by the next decade. The device would be known as ARIPS which stands for Automated Recorders & Information Processing Sensors.ARIPS:ARIPS is a device that will capture, formulate, regulate, integrate & retrieve specified instructions establishing a secure communication channel. ARIPS will act as a ‘Communication Linker’ ARIPS will capture the data from the source of information is a specified set of instructions in a controlled manner. The data retrieved from the source of information will be integrated into meaningful data and then sent everybody is vibrating and radiating at some frequencies, these frequencies will further be used as a source of signals for the device. ARIPS will capture these signals generated from the human brain’s nervous system and further these signals will be encoded and decoded and will be processed out as per the given instructions. To provide for adequate security measures each ARIPS will have a unique IIC (Individual Identity Code).SAD:ARIPS will be accessed through specified SADs (Sensor Access Devices) (Fig.2) which would be compatible with machines. Basically SAD will act as an applicative based hardware processing the data retrieved.Technologies like NGN, Nest generation Networks, will be used for the access, SADs will establish the chain of Communication required to retrieve the data and then process it as per the requirements. It will maintain a secure channel that would bridge the two ports of communication.Working:ARIPS will capture the data from signals generated by the human brain. This information will be encoded and decoded for the security purposes and then through secure communication channels like the NGN the data will be accessible to the SAD which will use them for the specified purposes.The generated signals from the source will be captured: through ARIPS under given constraints of IIC. Further these signals will be encoded into machine language readable to the SAD, SAD will decode these machine language codes is process able set of instructions. The self executable instructions will be used for the various purposes like, communication between two or more individuals, information

*Professor, Madina University, Saudi Arabia. **Research Scholar, Techno Global University Meghalaya [email protected]

DR. M. HUSAIN* & AKHLAQUE HUSAIN**

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exchange, automations of devices as per the given instructions and recording of the data for future purposes.Basic idea of using this technology will be to create an interface between.

.Man-Man

.Man-Machine

.Machine-Man

The present means available for interfacing between man to man and man to machine is quite primitive in the technological sense, lacking spontaneity and continuity. Not to mention it lacks cost effectiveness in long term considerations. This technology can provide 24 hrs continuous connectivity. This will be a system of specified purposes which will be self automated and self executable.Establishing Communication:First Interface- Man to ManEach individual will have an ARIPS which they can get connected. The sign generated from the ARIPS can be captured by a number of ARIPS.The sender will send signals for permission to get connected, Once he receives the permission from the other end to connect to the particular ARIPS, identifiable through their IIC a communication channel will be established through which two or more individuals can communicate.Second Interface-Man to MachineHere communication is established under IIC constraints between man to machine, The SAD device is used for the access of data, encoding-decoding and to give instructions to the machine at the other end.Third Interface-Machine to Man Here communication is just vice-versa to man-machine communication. The machine generates signals under IIc constraints which are further interpreted through ARIPS device and tee information Exchange takes place.Each ARIPS and SAD will have its unique IIC which will maintain the security. Signals will be brought into the category of authorized or not authorized through correct IIC.For the security maintenance IICs have been divided into three levels.Level 1: It provides highly controlled access which will depend on the user’s unique identification like DNA or retina scan.Level 2: It provides restricted access which will depend on user’s selection. Code can be numeric form.Level 3: It provides Open access will only ask the user permission.The different levels of security will be decided according to the dependency of the user’s choice. Unlike the present communication channels this technology provides flexibility between the connectivity of man and machine. The signals exchange is easier and the compatibility is easily established. It depends on the user’s choice in connecting the number of ARIPS to the number of SADs.Application:. Health & Medicine. Home Makers. Business & Productions. Entertainment. Education. Security Purposes. Network Establishment. To Map out brain Functions. Act like I-Card. Credit Card SystemAdvantages:. Mobility

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. Multi-Tasking

. Time Saving

. Prolong connectivity & access

. Physical presence will not be

. necessary

. Interface between Man & Machine

. Personification Cards-Substitute for the Social Security Number & Passports.

. Health analysis Cards

References:Change, K.T. Fundamental of GIS. New Delhi: Tata McGraw Hills, 2009.

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EDUCATIONAL STATUS OF A NATIONAL MINORITY: A CASE STUDY OF THE MUSLIM

COMMUNITY

ABSTRACT It is difficult to sketch the educational profile of Muslims in India, more so to get a clear picture of regional differences on participation in various educational activities. Neither census reports provide any data on this subject nor have any empirical or large scale surveys been conducted to understand the situational status and problem of this community. However, whatever information is available both from macro and micro levels of studies on Muslims in India, it clearly indicate that the community suffers from a number of disadvantages and special measures are required to bring them at par with rest of the communities of the country. K.D. Sharma (1987), study is based on field data from Delhi, postulates three hypothesis (i) the higher the stage of education the lesser is the participation of Muslims, (ii) there exist some elements in educational programmes which discourage Muslims from taking advantage of educational opportunities in an equal measure with non-Muslims and (iii) the social and economic conditions of the Muslim community tend to reject to a greater extent the utilization of educational opportunities by its members than by non-Muslims. Sharma found that the coefficient of equality at the primary and the higher secondary levels for Muslims were 74.0 and 23.6 respectively. This implies the large drop-out rate among them. Long distances between home and school, poor study facilities at home, non-availability of institutions in their mother-tongue, etc. are the discouraging educational factors identified by author. Socio-cultural taboos also affect Muslims enrollment in educational institutions. According to Sharma the most important factor for the educational backwardness was the absence of a middle class leadership. A.R. Kamat (1985), hold opinion that in the past, the Indian Muslims population was socially and economically backward does not convincingly explain Muslim’s relative backwardness in education. In socio-economic terms Muslims are not better or worse than others, whether in the middle, lower middle or backward categories. More than socio-economic questions, the question of language is more important; for instance, in speaking about the educational cultural predicament of Muslims community in India, the question of Urdu comes up time and again. According to the 1971 census, there were 28.6 million persons in India who spoke Urdu in their homes, i.e. 5.18 percent of the total population. It must be recognized that because its script contains several words of Parso-Arabic (the language of the Holy Quran) origin, and also because it is historically associated with the erstwhile Muslim ruler, Urdu has acquired a religious –cum-political significance in the minds of many influential sections of the Indian Muslim population. It is against this background that the literacy and education among the Muslim is looked. In the absence of reliable data, we have to rely mostly on guess estimates made by various researchers. According to one source as referred by A.B. Shah (1978), (attributed to Bashers Ahmad Syad, a former Judge of the Madras High Court ), the literacy for Muslims in 1971 was 10 percent for males and 0.5 percent

*(Asst. Prof.) D/o Sociology, MMDC, Moradabad, MJPRU, Bareilly, UP.

Fareed A. Khan*

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for females. Yogendra Singh (1977), (quoting Theodre P. Wright) puts the literacy level of Muslims for the mid 1960 at about 28 percent.The Delhi survey (1971-72) by Krishna Dev Sharma (1978), states that the percentage of enrollment to population in the relevant age group in the surveyed areas of the city were 6.20 percent and 11.24 percent for Muslims and non-Muslims respectively at the primary school level; and 2.59 percent and 11.28 percent, respectively at the middle school and the secondary school levels. Rasheeduddin Khan (1979), asserts (from the proportion of passes in the U.P. High school Board Examination) that Muslim boys were five times, and Muslim girls eleven times, more backward than the rest. In his study of Muslims in Bhiwandi, an industrial township sitated 31 miles from Bombay, A.R. Monsur (1978), notes that in the early seventies, enrollment of Muslims in Bhivandi College was only 30 percent as against their strength of 60 percent in the town’s population. In another study of a township in western U.P. included in the same volume, S.P. Jain (1978), found on the basis of a sample investigation of 155 Muslim adults, that the overall literacy level was 15 percent and that it varied from 24 percent to zero percent from the upper to the lower Muslim castes. A.R. Kamat (1968), in his investigation in rural areas of Maharashtra for the period 1955-65 places the Muslims near about or between the Maratha caste cluster and the artisan caste cluster. C.A. Abdusalam (1984), analysed the economic backwardness of Muslims in 39 districts of India in which proportion of Muslims to total population is high. There are 9 districts in which the Muslims form more than three fights of the total population. Nearly 39 percent of the total populations of Muslims in India are residing in these 39 districts, and proportion of Muslim population is found to be on the average of 34.37 percent in these districts. His finding reveals that the literacy rate in 7 out of 9 Muslims majority districts is well below the national rate of 36.23 (in 1981). The other two districts are Malappuram and Lakshadweep in which the rates (both for males and females) are higher than the national average. In his case study of the Muslim community in Malappuram district of Kerala, P.M. Jaleel (1982), examines questions of the education-economic nexus. Jaleel has observed that in Malappuram district the overall literacy rate increased from 34.29 percent in 1961 to 59.01 percent in 1981, the number of high schools increased by 112.90 percent during 1970-81 and U.P. schools grew by 48.06 percent during the same period. He attempts to relate these observed improvements in education and educational infrastructure to income growth for households in the district. A.P. Kareem (1988), analyzed the educational performance of Muslim community in Kerala on comparative basis that is in comparison with that of the Christian and the Ezhava communities. These three communities form about equal proportions in the population of Kerala. Of these three communities, the Christian community has ascended to the highest place in terms of educational achievements. The Ezhava community is also not much behind. In contrast, the Muslim community lagged much behind and still remains educationally backward. His findings further reveal that educational backwardness is greater in Muslim-dominated taluks (districts) than the others. The rate of drop-outs among Muslim students as compared to others was very high. The most interesting features is that in most of the Muslim-dominated Malabar region, the performance of Muslim Students was poor. Indu Menon (1984), refers to the important role of education in the promotion of socio-economic status of Muslim women in Kerala. Her findings reveal that social evils such as polygamy and divorce, prevalent in the Muslim community are due to very low educational status. N.C. Saxena (1989), Ministry of Home Affairs, Government of India examines the data relating to Muslim enrollment and their performance in education at various levels. It was found that Education Index was lower. It transpires that at the High Schools and at higher levels, the Muslims are lagging behind at least three to four times as compared to other communities. A.R. Sherwani (1980), a Survey of 660 schools of Delhi affiliated to the central Board of Secondary Education discloses that out of 54754 students who appeared in 1979 in the examination only 945 (1.72%) were Muslims. The percentage of Muslim population in Delhi was about 9.4% in 1979 and, therefore, the education Index works out to be 1.72 divided by 9.4 = 0.18. It is significant that the Muslims studying in Hindi Medium Schools did much better than Muslims who studied in minority

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Urdu Medium institutions. Thus not only over-all pass percentage of the Muslims was better in Hindi medium schools, but the number of first divisioners from such schools was higher as compared to Urdu medium schools. It seems that the spirit of competition is lacking among the students enrolled in Urdu medium schools or the standard of teaching is also not up to the mark. In the UNESCO study conducted by Garndner Murphey (1953), on the attitude of Muslims, it is stated that the Muslims consider themselves as victims of discrimination in the sphare of economic opportunities. Muslims regard themselves as a disadvantaged group which was deliberately kept out of decision making positions. In India, it may be recalled that the Muslims remained rulers for about 700 years before the advent of the British. Except for about 60 years from 1820 to 1880 the British policy was also in favour of the Muslims. Individual equality has been guaranteed under the Indian constitution. How is it that despite having been the rulers, then favoured by the British, and now enjoying equality of opportunity by the Indian Government, the Muslims are today far behind non-Muslims (N.C. Saxena, 1989).For a closer evaluation of the relationship between Islam and ability to exploit educational opportunities in India, it would be necessary to examine how the Muslims responded to secular education during the period of the British Rule. As it is well-known, western education was first introduced in the presidency towns of Calcutta, Bombay and Madras. The Muslims in Bengal were mostly converts and share croppers and occupied an inferior social position as compared to Hindus. In Bombay and Madras too their economic situation was not as bright as in Oudh and North-West Provinces. Despite these economic depressions Muslim enrollment in schools was not hopeless. The Muslims percentage in schools in the province of Madras, Bombay, Bengal and Assam, North-West Provinces, Oudh and Punjab were 4.4, 8.42, 14.4, 17.8, 25.3 and 34.3 respectively to their respective population of 6.0. 15.4, 32.3, 13.5, 9.0 and 51.6. The total percentage of Muslims in these states was 22.8. Total percentage of Muslims in schools was 14.6 (P.Brass, 1975a).Apart from the Muslims, many Hindu castes too, despite their having comfortable position in land holding, were slow to take to western education. One may mention here non-Brahmins in Madras, Brahmins in Bihar and Rajputes in U.P. who ever beaten hollow in the race by the Bengali Bhadraloks and the Tamil Brahmins. But the education movement started by Sir Syed Ahmad khan had its impact on the Muslim Psychology and by the end of 1931-32 their enrollment had started even surpassing their proportion in population. In the province of Madras, Bombay, Bengal, Bihar, and Orissa, United Provinces, Punjab, C.P. and Brar, Assam and total of these states, the percentage of Muslim students was 10.9, 19.4, 51.7, 13.5, 18.6, 50.6, 10.7, 22.2 and 27.6, respectively to their respective population of 7.1, 20.4, 54.2, 11.5, 14.8, 56.5, 4.4, 32.0 and 25.1 (R. Naidu, 1980). The degree of urbanisation was always higher among the Muslims. If one assumes that most of the facilities for education were concentrated in the urban area and then if one tries to correlate the Muslim share in total education to their share in urban population, one gets a different picture (P. Brass, 1975 b.)Although the Muslim share in English literacy in U.P. in 1921 and 1931 was higher than their share in population, yet it was significantly lower than their share in urban population. Even in 1931, 9.56 percent of urban Hindus in U.P. were literate in English as compared to only 5.94 percent of total urban Muslims (P. Brass, 1975 a). An impression was created that the upper and middle classes of Muslim land lords kept themselves away from higher education on grounds of religious prejudice, whereas the Hindu urban businessmen, traders and contractors had not such inhibition and started pouring in government English medium schools. Second, a significant percentage of the Muslims children started private Madrasas. In 1890-1891, 47 percent of the total number of the Muslims children started attending schools in U.P. went to private schools, as against only 18.2 percent in the case of the Hindus (Francis, 1975: 274). Although this percentage started declining and became 16.4 in 1920-21 (for the Hindus it came down to 3.8 percent) still the absolute number was substantial to create an impression that the Muslims preferred traditional Islamic learning. Muslim share in government jobs was disproportionately higher in the North-West Provinces and Oudh which could not have been maintained no matter how fast they had learned English language. In 1850 the Muslims filled three quarters of the Judicial post held by the Indians in the North-West provinces. Despite growing Hindu

42 •


competition, they still held 45 percent of the total number of posts in 1886 in the judicial and executive services of the North-West provinces and Oudh (R. Naidu, 1980: 35-38). Since, their overall share was declining, the impression gained around that they had not fully benefitted from facilities offered by the British regime in education. Although Muslim’s share in jobs at the lower and middle level was quite impressive yet in the elite professions, they lagged behind Hindus. Even in 1931 Muslims could not catch the Hindus in higher, scientific and professional education (R. Naidu, 1980: 36-37).Throughout the last 70 years of British regime, the Muslims were being favoured in jobs in the lower ranks of bureaucracy. Their leaders were conscious of the fact that in an independent India, no matter how secular it may be, such advantages would not be available on the basis of the family tree or land ownership. The very basis of landed status of the Muslims was continuously eroded by the rise of powerful commercial classes (mostly Hindus) who in addition of achieving status through merit were buying their land too (N.C. Saxena, 1989).Recent HRD ministry statistics show a significant decline in national primary school enrolments. Given Indian demographics, where the number of children is increasing every year, the results are even more shocking. This is despite all the noise about right to education for every Indian. There are many reasons of drop out. One, the most obvious reason is that the schools are terrible. If someone visits a village school, you will realise how everything is low quality, from the classrooms to the desks to the quality of teachers. Secondly, the curriculum in our schools is obsolete. Poor people send their kids to school are that they will learn skills to make more money. If schools don’t give them those skills, why will they bother? Advanced concepts of education to satisfy curiosity, or learning for learning’s sake, do not apply to people with no money. Surveys show a person with decent English language skills can increase earning power by 400%. Why is it that poor people not given English education? Why do government schools start teaching it so late? Thirdly, the massive inflation rate has made life extremely difficult for people with low incomes. Every pair of hands on the fields is now more valuable than sending a child to a substandard school for several years, the benefits of which are unclear. Fourthly, there isn’t enough money being put into education, to make more schools or improve existing ones. Tax collections have seen high double-digit growth rates for several years now. However, much of taxpayers’ money is used to fund scams and mass bribery type subsidies or to pay interest. If instead of NREGA we provided villagers the right skills to modernise, enhance farm income and increase job eligibility, maybe we would generate wealth rather than burn it. Fifthly, the hidden benefits of illiteracy to politicians. Illiterate people are useful when it comes to maintaining vote banks and keeping scam parties going. If everyone were well-educated, would the government get away with so many scams?. If every Indian really understood what happened, could the loot continue? So while there may not be a deliberate strategy to keep people illiterate, there is no burning passion or political incentive to make India educated either. And politicians only work on incentives, not on the goodness of their hearts. This problem won’t go away. It will get worse. If today millions aren’t being educated well, how will they get proper jobs tomorrow? Won’t the education crisis translate into a far scarier job crisis in a few years? Or are we happy for our kids to be poor forever? (The Times of India 2011).The pathetic conditions of the attendance of Moradabad Muslim Degree College explain in the following graph.

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SOURCE, COLLEGE STUDY, 2011-2012

A number of reasons are attributed to the educational backwardness of Muslims in India. Such as lack of equality of opportunity, medium of instructions, inadequate minority educational institutions, religious education, prevailing system of education, economic reasons, dual system of education, early earnings, discriminations, reservation and so on. Some believe that the community had been the victim of the discriminatory implementations of the various developmental schemes resulting in the deprivation of any benefits to them. Others hold that Muslims themselves are to be blamed for it as they do not avail the benefits of the developments due to their conservative social and cultural values and their tendency to remain aloof from the main stream of national progress. The truth however, lies somewhere else as I. Ahmed (1987), puts it : “Muslims are not alone in reflecting educational backwardness. They share it with several other minority communities, particularly the Christians, lower castes among Hindus and the Schedules Castes and Scheduled Tribes. Therefore, the question which requires to be addressed is not whether they are educationally under–represented and backward but the reasons which account for their educational backwardness and whether equalization of educational opportunity for all of them calls for a single and unified strategy”. There is a common belief that Muslims in India have remained largely unaffected by the economic developments in the country, despite the successive Five Years Plans and further their general economic condition is becoming worse than before. No serious attempt has so far been made to examine the causes of their backwardness and to devise ways and means to remove them so that they could be brought in the national stream. The Muslims are unfortunately feel very much alone and very few among their leaders have tried to help them to rise economically, socially, educationally, politically and legally at par with the majority community. How it is that keeping second majority of the community away from the concept of distributive justice country will flourish. The need is of equal opportunity to everyone irrespective of caste, colour and creed. The identity of every individual is needed to preserve. This could be achieved with structural change in the education system. This is again to be seen that whether politicians of the country really want for the betterment of the society where everyone could feel at home.

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REFERENCEAbdussalam, C.A. 1984, Socio-Economic Problems of Muslims of India, P.15. Ahmad, I, 1987, “Educational Development of Minorities in India. Future Perspective”. Journal of Educational

Planning and Administration, Vol. 1, no.2, pp. 191-209. Brass, P. 1975a. Robinson, Francis (ed.) Separatism Among Indian Muslims (Vikas, Delhi) pp. 143-149.

Brass, P. 1975b. Language Religion and Politics in North India (Vikas, Delhi) p. 146. Francies, R. 1975b. Separatism Among Indian Muslims (Vikas, Delhi) p. 274.Jain, S.P. 1978, “Caste Stratification among Muslims in a Township in western Uttar Pradesh”. In Imtiaz Ahmad

(ed.) Caste and Social stratification among Muslims in India, Manohar Publications, N.D., P.238. Jaleel, P.M. 1982, Educational and Economic Growth in Malappuram District (unpublished Ph.D. Thesis),

University of Calicut). Kamat, A.R. 1968, “Programmes of Education in Rural Maharashtra”, Gokhale Institute, Pune, Working Paper

No. 56. Kamat, A.R. 1985. Education and Social Change in India. Somaiya Publications, Delhi, pp. 295-301.Kareem, A.P. 1988, Education and socio- Economic Development, Ashish Publishing House, New Delhi. Khan, R. 1979, “Minority Segments in Indian Polity Muslim situation and the Plight of Urdu”, Economic and

Political Weekly, September 22, pp. 1509-1515.Menon, I, 1984. Status of Muslims in India, Allied Publishers, New Delhi. Monsur, A.R. 1978, “Muslim Caste in an Industrial Township in Maharashtra” in I. Ahmed (Ed.), Caste and

Social Stratification among Muslims in India. Manohar Publications N.D., pp. 192-131. Murphey, G. 1953. In the Minds of Men (UNESEO), P. 128. Naidu, R. 1980, The communal Edge to Plural

Societies, (Vikas, Delhi), P.35.Saxena, N.C. 1989, “Public Employment and Educational Backwardness Among the Muslims in India” in Moin

Shakir (ed.) Religion State and Politics in India, Ajanta Publications, pp. 155-199.Shah, A.B. 1978, “Minority Segments in Indian Polity: A Comment”, Economic and Political weekly, September,

pp. 1910-1912.Shah, SS. 1983, “Educational and Economic Problems of Indian Muslims”, paper presented at the Intellectual

meet on problems of Minorities, Teen Murti House, N.D., 5 June, Organised by the Young Intellectual Congress. Sharma K.D. 1978, “Education of a National Minority:A case study of Muslim community in Delhi”, Kalamkar, New Delhi, Chapter IV, pp.74-97.

Sharma, K.D. 1987, “Educational of a National Minority: A case study of Indian Muslim”, in NIEPA’S reading material on planning and management of minority institutions, N.D., January, pp. 131-11.

Sherwani, A.R. 1980, National Herald, 17 February, Siddiqui, M.Q. 1983. “The problems of Education of Muslims in India”, paper presented at the Aligarh Seminar organized by the Business and Employment Bureau, 5-6 August.

Singh, Y. 1977 Social Stratification and change in India. Manohar Publications, Delhi p. 64. The Times of India, N.D., May 24, 2011 New Delhi.The Times of India, N.D., March 26, 2011.

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CHANGES FOR HUMAN RESOURCES DEVELOPMENT AFTER REFORM IN POWER

SECTOR : A CASE STUDY OF RAJASTHAN RAJYAVIDYUT UTPADAN NIGAM LIMITED

ABSTRACTThe study was designed to assess the development of human resources and the quality of working life after the restructuring the power sector in Rajasthan. Rajasthan State Electricity Board had been restructured in 1998 for the purpose of increasing profit and working efficiency of resources. So it is necessary that the employees of power sector are to be kept highly motivated for meeting the new challenges. A higher state of development in working life is also required to increase the working efficiency of human resources. This article is based on research which has been completed on the topic of development of the employees of Rajasthan Rajya Vidyut Utapadan Nigam Limited(RVUNL).This work is based on primary data. A total number of 100 employees were selected from the RVUNL, Kota for the study; primary data have been collected through the survey and interview method. This study is related to find out the changes which have been taken place after restructured Power Sector and the results reveal that no significant developments were seen in the employees of Nigam after power reforms and restructuring. INTRODUCTION: Power is a very important factor to develop a basic infrastructure for any developing country that is why the power sector will be restructured to encourage functional specialization, decentralization, autonomy and accountability in decision making, to facilitate and encourage private sector participation, to ensure an effective and independent regulation of the sector. To fulfill this agenda of Reforms it is necessary that the employees of power sector are required to be kept highly motivated for meeting the new challenges. A higher state of morale is also required to increase their level of performance. A positive morale keeps the employees energized to cope with the increasing work load and responsibilities and rendering qualitative service. A higher state of development in working life and productivity is also required to increase the working efficiency of human resources that can be happened only by developing the resources of human in an organization. According to Human Resource Professionals Human Resource Development is, “Organized learning activities arranged within an organization in order to improve performance and or personal growth for the purpose of improving the job, the individual and / or the organization.Human Recourse Development includes the areas of training & Development, career Development and organization Development. Human Resource Development is the integrated use of training, organization, and career development efforts to improve individual, group and organizational effectiveness.This is related to Human Resource Management “ A field which includes Human Resource research & information system, union / labor relation, employee assistance, compensation / benefits, selection & staffing, performance management systems, Human Resource planning and organization job design”.

*(Asst. Prof.) D/o Sociology, MMDC, Moradabad, MJPRU, Bareilly, UP.

*Dr. Parul Varshney

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Different type of training, development plans, promotions and incentive procedures, annual appraisal directly affects the quality of working & development of human beings and a developed human resource can give better performance in any of the sector such as -

• Improving working environment of labors• Performance Review• Annual appraisal• Development plans• Promotions methods to motivate employees in terms of monetary benefits or another.

This article is basically written to research that how much the quality of working life of employees has been increased, till what extent Job Satisfaction is there in the employees, and is the work performance better than former condition? What kind of development has done in the field of power sector after reform?Objectives of the study: 1. To assess the development of human resources after privatization and the level of working life of RVUNL.2. To examine the job satisfaction and performance level of employers after Restructuring.3. Finding out the appraisal System in RVUNL. Hypothesis: Keeping in the view the above objectives the following main hypotheses have been formulated: 1. The employees of Rajasthan Rajya Vidyut Utapadan Nigam Limited(RVUNL), are likely to have high quality of development in the working conditions as compared to before reforms.2. The satisfaction level of workforce in power sector is likely to improve.3. Now the employees are more motivated as compared to before the reforms.Research Methodology: The present study was conducted on a sample of 100 employees taken from Rajasthan viduat Utpadan Nigam, Kota. For the study primary data have been collected through the survey method. Out of the 100 employees 50 employees are from field workers and related with distribution of electricity also. The mean age was 40 years. Rest of the people was related with electricity production department and the mean age was 37.For finding informations direct and telephonic interviews has been done for taking the information. A questionnaire of 25 questions related with Promotions, workings conditions, compensations, over time, etc. also has been filled with the employees of Rajasthan Viduit Utpadan Nigam.Results:After the questionnaire filled and the statistics application in this study, in the form of result it is observed that there is no significant difference in the working conditions of the employees after and before the Power sector reform. • The employees of Power production sector, Kota are likely have high quality of development in the working conditions as compared to the previous working quality of power production sector but the working conditions of power sector has not been changed, sitting arrangement, drinking water arrangement, general facilities are still working in the same manner .• Leave policy , Medical policy and Insurance policies are the same as that are before reform of Power sector. • The satisfaction level of workforce in power sector is not improved yet.• Monitory Compensation is not given to employees but as compensation a holiday is giving to them in every four extra working hours.• In the answer of Promotion scheme most of the employees answered that now the promotions are slower as compared to before. • However technical Trainings are taken place regularly for new joining of the employees but no other trainings and development programme for the development of employees has been held in power sector.

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Conclusion:Findings of the study show no significant difference between the performance level of employees and the efforts for Human Resource Development in Power sector after reforms. Power sector is trying to involve with the futuristic strategy which requires planning and programming on the part of employees to find new roles within the framework of new agendas. It is reality that improving productivity depends upon better planning, streamlined procedures, and development of human resources and improved decision making. In the light of the findings of the present investigation we may conclude the private sector power sector is not differ from public sector even before privatization employees were more satisfy . it is to be noticed that performance level does not show any significant difference however it has been understood and accepted that the work performance of the private sector would be more better than public . Responsibility and accountability will be increased because good work in a private sector gets recognition immediately but unfortunately nothing could be taken place like this. Promotion Scheme is the heart of any institution because it motivates to the employees to do work more seriously, before Restructure of power sector promotion of employees were given in 9 years but post reform it is given in 10 years. No extra trainings at the work place are held, very few promotions are given to employees and no motivation programmes are held, Working conditions are the same like previous, Salary increments are also same. These are the things which are direct related with the satisfaction of employees and after reforms all the conditions remain same is demotivating and inverse of satisfaction to the employees.There is significant positive relationship between motivated, developed employed workforces with job outcomes (job satisfaction and performance) . The positive correlation between job satisfaction and performance implies that employees who are motivated , developed and satisfied with their jobs also perform better so it is necessary to keep them motivated and satisfied. When a person gets more from his job in the terms of salaries, opportunities to growth and advancement, safe and healthy working conditions , social integration in the work place, discipline and devotion to work, he will always concentrate on his work very efficiently and effectively.Analysis carried out with the selected sample reveals no significant difference after power sector reforms. It is clear that the quality of working life affects the job performance of the employees. The result will be more productive for the organization if the employees are satisfied there. The result of the present study reveals that most of workers are not satisfied with their current working conditions so some suggestions can be apply for the development and betterment of the employees. Suggestions :• It is found that the employees who have high level of qualitied work life are more satisfied with their job that’s why it is suggested that working quality should be increased so that the work force could be work more comfortably. • Promotion scheme should be revised and it should be based on performance of employees.• General soft skill trainings and motivational lecture should be organized for the employees so that they could feel more motivated and enthusiastic for their work.• Training session should also be there for the old employees as well as for new joined employees.• It is observed that Political interference level is high in the process of selection and promotions of employees ,it should be lesser and unbiased.• Compensation should be given in monitory term or it may be in choice whether the employee want to take leave or money because sometimes employee does not in need of leave and compensation in term of leave increases the nature of leisure in employees on the other hand compensation in money motivates to the employees.

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References :

1. Haque, A.B.M.Z.N(1992)’ “ Quality of Working life and job satisfaction of Industrial Workers in relation to Size of the Organization.” Bangaladesh Journal of Psychological Studies, 2(1), 43-552. National Productivity Council India ,(1991). Quality of working life and productivity . New Delhi.3. Sharma,B.Rand Bhasker,S(1991),” Determinants of job satisfaction among engeers in a public sector undertaking.”ASCI journal of Management, 20(4),217-233.4. Gilley, J.W. & Eggland, S.A., Principles of Human Resource Development, Addison-Wesley, NY, 1989, p.

5. Kumari,Patiraj,Rana,Surekha & khanna ,(2008), Prabandh: Indian Journal of Management , New Delhi, 2008 p.62-72.

6. Kothari,D.P and Nagrath,L.J.,” Modern Power System Analysis,”3rd edn.,Tata McGraw Hill, New Delhi, 2003

7. www.rajenergy .com 8. mop.rajasthan.gov./in.power_sector _reform_act1999.asp

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TREND, PATTERN AND DETERMINANTS OF FDI IN INDIA:

AN EMPIRICAL ANALYSIS OF POST

ABSTRACTForeign Direct Investment (FDI) is considered as an imperative contributor to economic development in a country because of its two fold attractiveness as it provides capital flow, knowledge, managerial skill, and technology transfer coupled with its subsidiary functions. It has become the necessity of capital to achieve the sustainable economic growth especially, after economic slowdown, increasing rate of inflation, devaluation of rupee against world currencies, global economic crisis etc. Amidst, the situation of India’s balance of payment and trade deficit is very severe. In the present economic scenario, investment has made the need of hour to bridge this gap between developed and developing countries. On being inspired these profound the problems, an attempt has been made to work with this paper. The research paper tries to analyze the present trend and pattern of FDI inflows in India since liberalization. The main aim of this study is to analyze the role of FDI in enhancing economic growth, and also made endeavor efforts to examine the various determinants which impact on overall development of the country. These determinants are such as Gross Domestic Product, Foreign Reserve, Exchange Rate, Trade openness, Inflation etc. The empirical results indicate that there is a positive linear relationship between economic growth in terms of GDP at factor cost, FDI inflows and Foreign Exchange Reserve.Key Words: Foreign Direct Investment, Gross Domestic Product, Trade Openness, Foreign Exchange ReservesINTRODUCTION

Foreign direct investment (FDI) is considered to be an imperative contributor to economic development of a country because of its two-fold attractiveness in the form of capital flow and technology transfer along with the supplementary benefits. It is well known fact that the developing countries have the characteristics of being financially poor and deficient in technology, two elements are essential to ac-celerate economic growth. Domestic savings in these countries also can’t be enhanced satisfactorily because of their intrinsic characteristics which has an impact on capital investment. This is the reason behind less expenditure on Research and Development (R&D) infrastructure facilities as well as sluggish rate of growth in economic development. In order to surmount such a situation, infusion of foreign investment is essential. Even though there are myriad other forms of external finance, foreign direct investment inflows are usually preferred over others because of its prominent characteristics.To attract foreign investment, a number of policy measures have been taken by the government to enhance the capital inflows in order to increase economic growth of the country. Myriad changes have been taken place since then to bring about more foreign investment in different sectors of Indian economy as a result of which from a low of US $133 million foreign investment in 1991-92 it has increased up by about 43 times to US $ 5925 million in 2001-02. Foreign Direct Investment has always made a win-win situation for both the host and home countries; on the other hand we can say that it *Assistant Professor at Yasin Meo Degree College, Nuh (Mewat), Haryana (INDIA)-122107**Research Scholar at Centre for Studies in Economics & Planning, School of Social Science, Central University of Gujarat, Sector-30, Gandhinagar, Gujarat (INDIA).

Dr. Perways Alam*, Mohammed Nizamuddin**

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has always given benefits. The policies of economic reform of India since 1991 laid major emphasis on attracting foreign investment to the country. Further, the integration of global financial market paves way to this explosive growth of Foreign Direct Investment around the globe.Review of Literature

Many empirical studies have been undertaken to analyze the trends and determinants of Foreign Direct Investment (FDI) in India, few of them are as follows Chakraborty & Basu, (2002) explore the co-integration relationship between net inflows of FDI, real GDP, unit cost of labor and the proportion of import duties in tax revenue for India with the method developed by Johansen (1990). They find two long-run equilibrium relationships. The first relation-ship is between net inflow of FDI, real GDP and the proportion of import duties in tax revenue and the second is between real GDP and unit cost of labor. They find unidirectional Granger Causality from real GDP to net inflow of FDI. Naga, (2003) discusses the trends in FDI in India in the 1990s and compares them with china. The study raises some issues on the effects of the recent investments on the domestic economy. Based on the analytical discussion and comparative experience, the study concludes by suggesting a realistic foreign investment Burak & Ismail, (2009) developed an empirical framework to estimate the economic determinants of FDI inflows by employing a panel data set of 17 developing countries and transition economies for the period of 1989-2006. Seven independent variables were taken for this research namely, the previous period FDI, GDP growth rate, wage, trade rate, inflation rate and economic investment. The empirical results conclude that the previous period FDI is important as an economic determinant. Besides, it is also understood that the main determinants of FDI inflows are Inflation rate, the interest rate and trade (openness) rate. Nizamuddin, M. (2013) studies on FDI in multi brand retail and employment generation in India. He made an analysis to see the impact of FDI on economic growth and employment generation. By using time series data from 2001-02 to 2009-10 and applying ordinary least square (OLS) method we find that FDI have negative impact on employment generation in retail sector in India. As stated that the numerous studies have been conducted related to FDI in different aspects of areas. But none of the studied reviewed by the researchers is in context to the FDI in India and shows that how FDI affecting India’s growth and impact of FDI inflows on growth of the economy in terms of different variables like GDP and employment generation in India. Further, in the research paper double log model has been used to find out the elasticity between the different indicators.Objectives of the Study

The main objectives of this study are as:1. To examine the trend and pattern of flow of Foreign Direct Investment in the country. 2. To study the determinants of Foreign Direct Investment inflows in India. 3. To analyze the impact of Foreign Direct Investment on the Indian Economy.Research Methodology and Data Sources

The present research study is an analytical and quantitative in nature based on secondary data. The secondary information is extensively used for analysis purpose. This information are collected from reliable sources such as SIA reports (various issues), newspapers, and websites of Reserve bank of India (RBI), Department of Industrial Policy and Promotion (DIPP), Economic Survey 2010-11, 2011-12 and a number of leading journals. All the relevant data is obtained from Handbook of Statistics on Indian Economy (various issues). In order to compare the FDI inflow over the period under study, the percentage method and simple statistics is used. A 20 years period is taken for the study is post-liberalization period from 1991 to 2011. Trend and Pattern of FDI Inflows in India (1991-2013)

Economic reform in 1991 by the government has made the country today as one of the prominent performer of global economics by placing the country as second fastest growing economy of the world.

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India ranks 11th largest economy in terms of industrial output and has 3rd largest pool of scientific and technical manpower. The economy has gone through a phase of extensive regulation, protectionism, and public ownership. Today while the cumulative FDI approval in the country since 1991 have been Rs 2, 84.812.5 Cr., the actual inflow is Rs 1,29,837.60 (US $ 28.55 billion). At present scenario to study the impact of reforms and FDI policy on magnitude of inflow, quantitative information is needed on broad dimension of FDI and its distribution across sectors and areas. The actual FDI inflows in India is welcomed under five broad heads: (i) Foreign Investment Promotion Board’s (FIPB) discretion-ary approval route for larger projects, (ii) Reserve Bank of India’s (RBI) automatic approval route, (iii) acquisition of shares route (since 1996), (iv) RBI’s nonresident Indian (NRI’s) scheme, and (v) external commercial borrowings (ADR / GDR) route.FIPB route represents large projects which require bulk of inflow and account for government discre-tionary approval. Although the share of FIPB route is declining compared to Reserve Bank of India automatic route and acquisition of existing shares route, automatic approval route via Reserve Bank of India shows an upward trend of FDI inflow since 1995. This route is meant for smaller sized invest-ment project. Acquisition of existing shares route and external commercial borrowing route gained prominence (in 1999 and 2003) and shows upward increasing trend. FDI through NRI’s route shows sharp declining trend. Present time sectors like energy, telecommunication, electrical equipments, transportation industry and services sector taken together have accounted for 71 percent of the FDI approvals and 56.3 percent of the FDI inflows. Sector-wise, although energy got approval of highest percentage (27.4), electrical equipments including computers and electronics receive highest percentage of inflows (13.9). It is also noticed that traditional industrial sectors like food processing industries, textiles, etc. have become less attractive for FDI in comparison to modern industrial sectors like elec-tronics and electrical equipments, etc. Thus, the inflow of FDI can be easily observed in the country.

Sources of FDI Inflows in India

India has broadened the sources of FDI in the period of reforms. There are about 140 countries investing in India at present time as compared to 15 countries in 1991. Thus the number of countries investing in India has increased after reforms. After liberalization of economy Mauritius, Singapore are the largest investors in the country and contribute about 50% of total FDI Inflows U.K, Japan, U.S.A, and many more countries predominantly appears on the list of major investors.

Table 1 Country wise FDI Inflows in IndiaS. No Countries FDI Inflows (in US $ Million) % of Total Inflows

(In terms of US $ Million)

1 Mauritius 65608 38%

2 Singapore 17555 10%

3 U.K 16314 9%

4 Japan 12663 7%

5 U.S.A 10710 6%

6 Netherland 7652 4%

7 Cyprus 6603 4%

8 Germany 4880 3%

9 France 2988 2%

10 U.A.E 2301 1%

Total FDI Inflows

174835

Sources: Compiled & computed from various issues of Economic Survey, RBI Bulletin and Ministry of Commerce

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From the above mentioned table it can be observed that FDI inflow from Mauritius is highest as due to Double Taxation Treaty i.e. DTAA - Double Taxation Avoidance Agreement between the two countries, which favors’ routing of investment through this country. The DTAA policy has also been now taken up with many other countries also like of Singapore and Malaysia as a result of which Singapore is the second largest investing country to India.Foreign Direct Investment and Indian Economy

A nation’s progress and increase is reflected by sustained economic growth and development. Apart from countries reserve government revenue, financial position, available supply of domestic savings, quality of investment is necessary for well being of country. Investment provides base and pre-requisite. FDI is today the safest international capital flow out available in form of external finance. In 1990’s, FDI inflow rose faster than almost other all indicators of economic activity worldwide. According to World Trade Organization, the total world FDI outflow has increased nine times during 1982-1993. From 1990’s FDI was sought to facilitate development process. Thus, a nation can improve its economic conditions by adopting liberal policies and by creating proper conditions, which attract investment as particulars which positively influence the inputs and determinants of investment processImpact of FDI on Economic Growth The role of FDI in an economy goes beyond simply easing financial constraint. FDI inflows are as-sociated with multiple benefits such as technology transfer, market access and organizational skills. Consequently there is an increasing and intense competition between countries to maximize the quantity of FDI inflow. Any successful policy for attracting FDI keep competitive scenario in mind. There are benefits of FDI inflow as it bridges the financial gap between surpluses of funds needed to sustain a level of growth and domestic availability of funds. Secondly technology transfer coupled with knowledge diffusion that leads to improvement in productivity. It thus fastens the rate of progress and provides contagion effect. It also creates a link between organizations and improves management practices. In the context of a country like India, the role of FDI in easing financial constraint becomes critical. It provides a sound base for economic growth and development by enhancing the financial position of the country. It also contributes to the GDP and foreign exchange reserves of the country.

Table 2 FDI Inflows in India during 1991-2013S. No. Year FDI Inflows

(Rs. In Crore)% Growth overPrevious Year (Rs. In Crore)

S. No. Year FDI Inflows(Rs. In Crore)

1 1991-92 409 - 12 2002-03 12871

2 1992-93 1094 167.48 13 2003-04 10064

3 1993-94 2018 84.46 14 2004-05 14653

4 1994-95 4312 113.68 15 2005-06 24584

5 1995-96 6916 60.39 16 2006-07 56390

6 1996-97 9654 39.59 17 2007-08 98642

7 1997-98 13548 40.34 18 2008-09 142829

8 1998-99 12348 (-8.86) 19 2009-10 123120

9 1999-00 10311 (-16.49) 20 2010-11 97320

10 2000-01 10733 4.09 21 2011-12 165146

112001-02 18654

73.8022 2012-13 121907

Sources: Issues of SIA Bulletin, http://www.dipp.nic.in, Access on September. 2013 Determinants of Foreign Direct Investment (FDI) In IndiaIn the present section, we have empirically examined the major factors which have determined the

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inflows of FDI in India in the Post-Reform period i.e. 1991 to 2011. A country which has a stable macroeconomic condition with high and sustained growth rates will receive more FDI inflows than a more volatile economy. The variable that measures the economic stability and growth are Gross Domestic Product (GDP), inflation rates, Trade Openness and Foreign exchange reserves. Investors prefer to invest in more stable economies that reflect a lesser degree of uncertainty and risk. Market size also plays an important role in attracting Foreign Direct Investment (FDI) from abroad and it is measured by GDP. Market size tend to influence the inflows, as an increased customer base signi-fies more opportunities of being successful and also the fact that with the rampant development the purchasing power of the people has also been greatly influenced moving to many levels higher in comparison to what it was before the economic growth. Trade openness is also considered to be one of the key determinants of FDI as represented in the past literature; much of FDI is export oriented and may also require the import of complementary, intermediate and capital goods. Thus, trade openness is generally expected to be a positive and significant determinant of Foreign Direct Investment (FDI). Gross Domestic Product (GDP)

Gross Domestic Product is used as one of the independent variable. The tremendous growth in GDP since 1991 put the economy in the elite group of 12 countries with trillion dollar economy. India makes its presence felt by making remarkable progress in information technology, high end services and knowledge process services. By achieving a growth rate of 9% the country opens new avenues to foreign investors from 2004. India’s GDP growth was 8.37 percent reaching an historical high of 10.10 percent in 2006.Table 3 Gross Domestic Products (Figure in Cr.)S. No. Year GDP

(at factor cost)S. No. Year GDP

(at factor cost)1 1991-92 1099072 11 2001-02 1972606

2 1992-93 1158025 12 2002-03 2048286

3 1993-94 1223816 13 2003-04 2222758

4 1994-95 1302076 14 2004-05 2388768

5 1995-96 1396974 15 2005-06 2616101

6 1996-97 1508378 16 2006-07 2871120

7 1997-98 15732268 17 2007-08 3129717

8 1998-99 1678410 18 2008-09 3339375

9 1999-00 1786525 19 2009-10 4507637

10 2000-01 1864301 20 2010-11 4885954

Sources: Various Issues of RBI BulletinIndia’s diverse economy attracts high FDI inflows due to its huge market size, low wage rate, large human capital (which has benefited immensely from outsourcing of work from developed countries). In the present decade India has witnessed unprecedented levels of economic expansion and also seen healthy growth of trade. GDP reflects the potential market size of Indian economy. In fact, in a dynamic economy, prices are quite sensitive due to the fluctuations in the domestic as well as international market. In order to isolate the fluctuations, the estimates of domestic product at current prices need to be con-verted into the domestic product at constant prices. Any increase in domestic product that takes place on account of increase in prices cannot be called as the real increase in GDP. Real GDP is estimated by converting the GDP at current prices into GDP at constant prices, with a fixed base year. In this context, a GDP deflator is used to convert the GDP at current prices to GDP at constant prices. The present study uses GDP at factor cost (GDPFC) with constant prices as one of the explanatory vari-able to the FDI inflows into India for the aggregate analysis.

FOREIGN EXCHANGE RESERVES (RESGDP) RESGDP represents Foreign Exchange Reserves as percentage of GDP. India’s foreign exchange reserves comprise foreign currency assets (FCA), gold, special drawing rights (SDR) and Reserve

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Tranche Position (RTP) in the International Monetary Fund. The emerging economic giants, the BRIC (Brazil, Russian Federation, India, and China) countries, hold the largest foreign exchange reserves globally and India is among the top 10 nations in the world in terms of foreign exchange reserves. India is also the world’s 10th largest gold holding country (Economic Survey 2009-10)15. Stock of foreign exchange reserves shows a country’s financial strength. Further, an adequate FDI inflow adds foreign reserves by exchange reserves which put the economy in better position in international market. Table 4 Foreign Exchange Reserves (Figure in Cr.)S. No. Year Foreign Exchange Re-

serveS. No. Year F o r e i g n E x -

change Reserve1 1991-92 23850 11 2001-02 264036

2 1992-93 30744 12 2002-03 361470

3 1993-94 60420 13 2003-04 490129

4 1994-95 79781 14 2004-05 619116

5 1995-96 74384 15 2005-06 67637

6 1996-97 94932 16 2006-07 868222

7 1997-98 115905 17 2007-08 1237985

8 1998-99 138005 18 2008-09 11283865

9 1999-00 165913 19 2009-10 11496.50

10 2000-01 197204 20 2010-11 12248.83

Sources: Various Issues of RBI BulletinIn fact, adequate foreign reserves are an important parameter of Indian economy in gauging its ability to absorb external shocks. FDI helps in filling the gap between targeted foreign exchange requirements and those derived from net export earnings plus net public foreign aid. The basic argument behind this gap is that most developing countries face either a shortage of domestic savings to match investment opportunities or a shortage of foreign exchange reserves to finance needed imports of capital andCONCLUSIONForeign direct investment has a number of beneficial effects like capital flow, technology transfer, generating positive work culture, transfer of management ethos, affecting the economic environment of the country. Since economic reforms were started in India in 1991, the flow of FDI has started increasing. Still, compared to some of the developing countries India is far behind. India, having a large domestic market, appreciable economic growth at present times, and a large pool of educated and skilled workers and having a comparative advantage especially in labour intensive manufacturing sector and software industry has high potential to attract foreign direct investment. Indian economy just ended a decade of reform in several key sectors like industry, finance, etc. and now has entered the next decade with second-generation reform focusing the real sectors of the economy. With these changes, it is hoped that India will be in a better position to attract more foreign investment and will be able to compete equally with other developing nations in the coming years. It may be concluded that developing countries has make their presence felt in the world economy by receiving a descent amount of FDI in the last three decades. Although India is not the most preferred destination of global FDI, but there has been a tremendous flow of FDI in India since 1991. It has become the 2nd fastest growing economy of the world. India has substantially increased its list of source countries in the post - liberalization era. India has signed a number of bilateral and multilateral trade agreements with developed and developing nations.

REFERENCESBasu, P., Nayak, N., & Archana. (2007). Foreign Direct Investment in India: Emerging Horizon. Indian Eco-

nomic Review, XXXXII(2), 255-266.Burak, C., & Ismail, C. (2009). The Economical Determinants of Foreign Direct Investment in Developing

countries and Transition Economies. e journal of New World Science Academy, 4(3).Chakraborty, C., & Basu, P. (2002). Foreign Direct Investment and Economic Growth in India a Cointegra-

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tion Approach. Applied Economics, 34, 1061-1073.Crespo, N., & Fontoura, P. M. (2007). Determinant Factors of FDI Spillovers- What Do We Rally Know.

World Development, 35(3), 277-291.Khan, A. K., Siddiqui, A., & Taufeeque. (2011). Impact of FDI on Indian Economy: A Comparision with and

USA. International Journal of Business & Information Technology, 1(1).Kumar, N. (1995). Industrialisation, Liberalisation and Two Way Flow of Foreign Direct Investments: Case

of India. Economic and Political Weekly, 48, 3228-3237.Mohammed, N. (2013, April 15). FDI in Multi Brand Retail and Employment Generation in India. (D. P.

Mishra, Ed.) International Journal of Engineering and Management Sciences, 4(2), 179-186.Morris, S. (1990). Foreign Direct Investment from India: 1964-83. Economic and Political Weekly, 31,

23142331.Naga, R. R. (2003). Foreign Direct Investment in India in the 1990s: Trends and Issues and Problems. Eco-

nomic and Political Weekly, 1701-1712.Nirupam, B., & Jeffrey, D. S. (2006). Foreign Direct Investment in India: issues and Problems. Development

Discussion Paper No 759. Kearney’s, T. A. (2007). Global Services Location Index.(2007-08). Industrial Policy and Statistics (Handbook).Government of India.(2007). United Nations Conference on Trade and Development (World Investment Report).Economic Survey (2009-2010). Ministry of Finance, Government of India

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THE CHANGING IMPACT OF SOCIO-ECONOMIC FACTORS ON CONTRACEPTIVE USE IN NORTH-

EAST INDIA:A COMPARATIVE STUDY OF NFHS-2 AND NFHS-3

ABSTRACTApart from a few exceptions, the use of contraceptive broadly registers an increase among currently married women during NFHS-II & III. This trend is most noticeable (15 per cent) among mothers without experience of child death. On the contrary, the sharpest decline in the use of contraceptive is noted among mothers who experience child death (5 per cent). The results of the logistic regression analysis show that the impact of socio-economic factors has more significant impact on the use of contraceptives in 1998-99 than in 2005-06. Age of mother and educational level of mother are another crucial socio-economic determinant that influences the use of contraception. INTRODUCTION

Over the decades, contraceptive use has been increasing in India. The NFHS-3 shows that contraceptive prevalence among women aged 15-49 in Northeastern region is highest in Tripura (48 per cent), Assam (40 per cent), Sikkim (38 per cent), Mizoram (37 per cent), Arunachal Pradesh (30 per cent), Manipur (29 per cent) and Nagaland (18 per cent). However, using contraceptives among currently married women aged 15-49 is somehow higher than the eligible women. While all the states in the region have experienced increasing contraceptive use by the time of NFHS-3 compared to NFHS-2, only the state of Nagaland shows a slight decline during the inter-survey period.

Of all the states, Tripura has the highest (66 per cent) contraceptive use among currently married women, followed by Mizoram (60 per cent) and Sikkim (58 per cent). The NFHS-3 indicates that use of modern contraceptive method is the most preferred choice (33 percent) in the region. Percentage of modern contraceptive use among currently married women in Mizoram (60 per cent) and Sikkim (49 per cent) remains higher than the national average (48.5 per cent). Traditional method became the next preferred method (16 per cent) followed by folkloric method (only 0.2 per cent). The overall users of contraceptive have a slight increase by 11 percent during NFHS-2 and NFHS-3. Of all contraceptive measures, users of withdrawal method have increased the highest (145 per cent), followed by pill and condom. At the other ends of the spectrum, female sterilization has eighteen per cent declined during the six-year periods (Table 1). Despite the prevalence of high contraceptive use among currently married women in some states (Tripura & Mizoram), contraceptive usage is still low in the rest of the states (Table 2). The 2001 Census records that the percentage growth rate of population per decade in the region are significantly higher than the national average (1.93 per cent) except Tripura (1.6 per cent) and Assam (1.9 percent). Nagaland has the highest (6.4 percent per decade) population growth rate in the region, followed by Sikkim (3.3 percent) and, Meghalaya and Manipur experience an equal growth rate of 3 per cent per decade.

*Research Scholar, Center fro the Study of Regional Development, School of Social Sciences,Jawaharlal Nehru University, New Delhi

P. Thongkhanthang*

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In the recent years, we often come across claims about fertility transition in India. However, 2001Census and NFHS-3 (2005-06) show that the total fertility rate (per woman) for all the states in the region are still considerably higher than the national average (2.7 children) except in two states viz., Sikkim (2.02 children) and Tripura ( 2.22 children). This partly explains the high growth rate of population and why the TFR remains above 3 children in most states of the region. Among others, contraception is the need of the hour to counteract the rapid growth of population, especially in the hill states of northeastern India.

TABLE 1. PERCENTAGE OF CURRENTLY MARRIED WOMEN AGED 15-49 USING CONTRACEPTION BY METHOD, NORTH-EAST INDIA, 1998-99 AND

2005-06

Method YearNFHS-2(1998-99) NFHS-3(2005-06)

Not using 56.8 50.6Using 43.2 49.4Pill 6.4 9.4IUD 4 3.3Condom 1.5 3.5Female Sterilization 19.6 16.1Male Sterilization 0.8 0.6Periodic Abstinence 7.4 8.3Withdrawal 3.1 7.6Other 0.4 0.7Current User (N) 4368 6740Total currently married women 10116 13647Source : IIPS, 2000, 2006

RELATED CASE STUDIES

The acceptance of family planning is influenced by many socio-cultural and demographic factors at individual, family and societal levels. Recent studies assert that family planning acceptors had more live births and living sons, while non-acceptors had more female live births and less number of children. Contraceptive use was highest when both spouses wanted no more children and have 4-5 living children (Mahmood, 1997). In another study, several researchers (Srivastava, 1991; Rahman, 1996) reported that child death had a very large negative and significant effect on contraceptive use. Education of women has great effect on use of contraception as shown by several studies (Curties and Westoff, 1996; Dwivedi, 1992; Gulati, 1996). Moreover, the acceptance of contraception by a couple is governed by various socio-cultural factors, such as religion (NFHS, 1998-99). The states with greater use of contraceptive have generally achieved a more advanced state of socio-economic modernization. Work status of women determines the attitudes towards family size and the use of contraception (Basu, 1992). Various studies also found that contraceptive prevalence rate has been found to be lower among the Muslim and lower caste Hindu women. In fact, contraceptive use is considerably less in North East India when compared with other states in the country, and the adoption of family planning methods varies from state to state. Keeping all this in mind, the study examines the percentage change of currently married women using contraceptives in different sub-groups of population for northeastern states of India over the six years time period and to show the average percentage of women using contraceptives as per the women’s background. Also, to assess the net effect of socio-economic factors on contraceptive use during NFHS-2 and NFHS-3.

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TABLE 2. PERCENTAGE DISTRIBUTION OF CURRENTLY MARRIED WOMEN AGE 15-49 BY CONTRACEPTIVE METHOD CURRENTLY USED,

NORTH EAST INDIA, 1998-99 AND 2005-06

StateAny method Any Modern method Any Traditional

methodNFHS-2 NFHS-3 NFHS-2 NFHS-3 NFHS-

2Arunachal Pradesh 35.4 43.2 32.8 37.3 2.4 5.9Assam 43.3 56.5 26.6 27 15.8 29.5Manipur 38.7 48.7 25.9 23.6 12.7 25.1Meghalaya 20.2 24.3 15.5 18.5 4.2 5.7Mizoram 57.7 59.9 57.1 59.6 0.7 0.3Nagaland 30.3 29.7 24.2 22.5 5.9 7.2Sikkim 53.8 57.6 41.4 48.7 12.3 9.0Tripura - 65.7 - 44.9 - 20.8India 48.0 56.3 42.8 48.5 5.0 7.8Source: NFHS, 1998-99 and 2005-06.

DATA AND METHODOLOGYThe data for this analysis is gleaned from the 1998-99 and 2005-06 National Family & Health Survey (NFHS-2 & 3) which gives information for nationally and at state level estimates. The main objective of the survey was to collect reliable and up-to-date information on family planning, fertility, infant and child mortality, reproductive and child health, nutrition of women and children, the quality of health and family welfare services, and socio-economic conditions. The analysis focuses on currently married women. Out of 10116 eligible women in NFHS-2 and 13647 in NFHS-3, some 4368 (43.2 per cent) and 6740 (49.4 per cent) in NFHS-2 & NFHS-3 currently married women respectively in North-East India comprises of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura are used as the data source in this work. Data from these surveys are used to build indicators at different levels to facilitate comparison on social and economic variables.

Binary Logistic regression analysis has been done with dichotomous response variable (1=Not use, 2= Use) to show the net effect of a selected group of covariates on the probability of using contraceptive methods in terms of Odds ratio. Current use of any method of contraception was considered as a dependent variable in the analysis. Bivariate analysis has also been done to show the percentage of women using contraception in different sub-groups of the population without having control over other factors. In the analysis, the following predictors have been considered : age of mother (15-29/30-39/40-49; sex of child ( male/female); child loss (no/yes); place of residence (urban/rural); respondent’s educational level ( no education/ primary/ secondary and above); work status of women ( not working/ working); caste/tribe (Scheduled Tribe/others); religion(Hindu/Christian/others); standard of living index (low/medium/high); media exposure (no/yes) and number of living children (0-2/3-4/5 and above). RESULTS AND DISCUSSIONTable 3 gives the percentage share of currently married women using contraception under every single variable in two time periods (NFHS-2 and NFHS-3) and along with the changing percentage share from NFHS-2 to NFHS-3, which shows increase/decrease in share of women over time. Age of Mother and Contraceptive Use: Table 3 gives a distribution of currently married women using contraceptive by age of mothers. In NFHS-3, forty-two percent of women at the prime age (15-29) accepted contraceptive as against thirty-one percent in NFHS-2, indicating an increased of contraceptive users by 33 per cent between the two surveys. However, in the later age (40-49), forty-nine percent of women adopted contraception in NFHS-2 and forty-eight percent in NFHS-3, which implies a decline of three per cent during the inter-survey period. Among the 30-39 year age group of mothers, the percentage of contraceptive users have increased by 3.3(6 per cent) between the two surveys. Thus, the results show that contraceptive use in the prime age group of 15-29 years

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is increased the highest (33 per cent) which support the notion that woman’s age is always directly related to the use of contraception and early marriage increases her reproductive span, and the use of family planning is more than late marriage. Sex of Child and Contraceptive Use: Various studies have shown that sex of living children have considerable influence on acceptance of family planning method. Son preference is a major determinant of contraceptive use. Moreover, couples with sons have longer birth intervals and fewer subsequent births. Table 3 gives that the proportion of contraceptive users who have male child (son) is higher than women having female child (daughter) in both the surveys. While NFHS-3 documented that fifty-five percent use contraceptive, forty-nine percent used contraceptive in NFHS-2, indicating that contraceptive use has increased by thirteen percent during NFHS-2 and 3. It is also observed that fifty percent and forty-four percent of women in NFHS-3 and NFHS-2 respectively use contraceptives. This revealed a change of 5.8 or 13 percent between the two surveys. This finding was in line with the findings of Mahmood (1997) who observed that in Pakistan, contraceptive use was highest when both spouses wanted no more children and had 4-5 living children, of whom 1 or 2-3 living sons. It is, therefore, clearly evident that son are more preferred over daughter in northeastern states as well.Child Loss and Contraceptive Use: Child mortality has significant influence on future contraceptive behavior of women. Couples who had lost a child tended to move to higher birth orders for child replacement purposes, than couples who did not lost a child. Thirty-two percent of women in NFHS-2 adopted contraceptives which have increased to forty-seven per cent in NFHS-3. This explains an increased by 45 per cent among women who do not experience child death in the region. With regard to women who experience child death, contraceptive users rate have increased only by 5 per cent. In line with Rahman (1996) who has found out that after controlling for other variables, child death had a very large negative and significant effect on contraceptive use regardless of the number of surviving children in Matlab district of Bangladesh, the contraceptive prevalence has increased higher among women who did not experience child death compared to women who experience child death. Contraceptive use is lesser among women who experience child death is due to the fact that in order to recoup the lose child, adoption of contraception is quite negligible and even unthinkable for them.

TABLE 3: PERCENTAGES USING CONTRACEPTIVES AMONG CURRENTLY MARRIED WOMEN BY SELECTED BACKGROUND CHARACTERISTICS,

NORTH EAST INDIA,1998-99 AND 2005-06Explanatory Variables

NFHS-2(1998-99)

NFHS-3(2005-06)

Absolute Change (2)-(1)

Relative Change (3)/(1)*100

(1) (2) (3) (4)Age of Mother15-29 years 31.3 41.6 10.3 32.930-39 years 55.4 58.7 3.3 6.040-49 years 49.3 48 -1.3 -2.6Sex of ChildMale 48.7 55.1 6.4 13.1Female 44.3 50.1 5.8 13.1Child LossNo 32.3 46.9 14.6 45.2Yes 47.4 42.4 -5 -10.5Type of ResidenceUrban 54.5 54.6 0.1 0.2Rural 39.6 46.1 6.5 16.4EducationNo Education 36.3 40.8 4.5 12.4Primary 42.3 48.7 6.4 15.1Sec.& above 50.1 54.4 4.3 8.6Work Status of MotherNot working 44.6 49.9 5.3 11.9

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Working 40.7 48.7 8 19.7Caste/tribeST 37.7 41 3.3 8.8Others 47.5 55.8 8.3 17.5ReligionHindu 50.4 58.1 7.7 15.3Christian 37.7 38.5 0.8 2.1Others 34 47.7 13.7 40.3Standard of Living IndexLow 31.4 34.7 3.3 10.5Medium 45.6 47.8 2.2 4.8High 58.5 57.2 -1.3 -2.2Media ExposureNo 31.1 32.3 1.2 3.9Yes 49 52.2 3.2 6.5Number of Living Children0 to 2 39.6 52.3 12.7 32.13 to 4 56.7 59.1 2.4 4.25 & above 32.8 33.5 0.7 2.1Total 43.2 49.4 5.0 12.1

Type of Residence and Contraceptive Use: Urbanization is often cited as an important factor that increases the level of contraceptive use. Various studies argued that urbanization reduces fertility because children are less likely to contribute to household production and more difficult to supervise in an urban setting. Despite contraceptive use in urban areas is typically higher than in rural areas, the percentage change of currently married women using contraception from NFHS-2 to NFHS-3 in rural areas were significantly higher than in urban areas. In urban areas, 54.5 per cent of women use contraception in 1998-99 which increased to 54.6 per cent, indicating a minimal increase of less than 1 percent during the inter-survey period. In rural areas, however, the percentage change of contraceptive users is observed at seven per cent when compared with forty per cent and forty-six per cent during NFHS-2 and NFHS-3 respectively. This indicates that ruler women became more aware about their family size due to the awareness spread of family planning methods regardless of place of residence in the region. Educational Level and Contraceptive Use: Table 3 gives the percentage of women in different levels of education which shows that with increasing in levels of education the percentage share of current users of contraception increases. This has been true with the findings in the states of Kerala and Utter Pradesh where female education beyond the middle school increases the use of contraception.11 Current contraceptive use among not educated women is so much high that it almost equal to the level of literate women. In NFHS-3, fifty-four percent of women who have completed secondary and higher education used contraception as against fifty per cent in NFHS-2, revealing an increased of contraceptive users by 4 per cent between the two surveys. Women who are educated at primary level in NFHS-2 constituted 42 per cent which increased to 49 per cent in NFHS-3. This indicates the percentage change have risen by15 per cent, and among not educated women (41 per cent in NFHS-3 and 36 per cent in NFHS-2) the percentage of current contraceptive users have an increased of 12 percent. Thus the results revealed that the percentage change under this category (Primary passed) is highest (15 per cent) this is most likely due to the financial problem faced by the households of these women that embracing family planning method is the only option in order to avoid the burden of household economy. 22 Similarly, mothers who regularly exposed to mass media have thirty-five per cent less likely to embrace contraceptives with the reference category of mothers who are not exposed to media. Number of living children has a significant impact on contraceptive use. Mothers who have 3 or 4 children have twenty-seven per cent less chance for using contraceptives, whereas mothers who have 5 and above children have fifty-five per cent more chance for embracing contraception.Working Status and Contraceptive Use: Work status of women is one of the indicators, which determine her economic independence and status in the household and in the society. The NFHS gives information of current contraceptive users by work status of women (Table 3). Although the

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proportion of not working women embracing contraception is higher than that of working women in both the surveys, the percentage change is higher among working women than the not working ones. In NFHS-3, fifty percent of not working women used contraceptive, and in NFHS-3 forty-five percent use contraception, indicating an increase of 20 percent during the inter-survey period. Nonetheless, the percentage change over the periods is higher among working women than not working women which stands at 12 percent. In fact, working women have the opportunities to interact with the outside world and also being preoccupied with works that led them to embrace more family planning methods than not working women which has been documented by many studies as well.4Standard of Living Index and Contraceptive Use: Standard of living of the household indicates the economic condition of the respondent and acts as a proxy variable when data on per-capita income is not available. Household’s standard of living determines contraceptive use. It is found per-capita income had more impact on sterilization acceptance than did urbanization in 16 major states of India.10 It had the maximum direct positive effect on acceptance of conventional contraceptives. Table 3 further shows that with increase in standard of living contraceptive use have simultaneously increased in the study region. Many studies have found this phenomena in developing countries.6 The percentage of current use of contraception among currently married women belonged to high standard of living households was fifty-eight percent in 1998-99 which has declined to fifty-seven per cent in 2005-06, demonstrating a decline by 2 per cent during the inter-survey period . Among the low standard of living households, thirty-one per cent of women use contraceptive in NFHS-2 as against thirty-five per cent in NFHS-3, revealing an increase of 10.5 percent over the periods. Further, women belonged to medium standard of living households; the percentage of contraceptive use has increased by 5 per cent during the six year time period. Thus, it is obvious that the percentage change is highest among women who belonged to low standard of living households, and this might possibly be due to more awareness have been received by these women folk.Number of Living Children and Contraceptive Use: Percentage of women using contraceptive by children ever born has shown in the table (Table 3) given below. Contraceptive users among currently married women are highest with those having 0 to 2 children and low among women having 5 and above children. Women having 0 to 2 children have increased the highest (40 per cent). Overall contraceptive users during the two surveys were highest among women having 3 to 4 children. In a study in rural Karnataka Rajatnam (1995) concluded that contraceptive use increased steadily as the number of living children increased. Likewise, in northeastern states contraceptive use become lesser among women having 0 to 2 children and 5 and above children. Surprisingly, contraceptive use has increased slightly from women having 5 and above (2 per cent), followed by women having 3 to 4 children (4 per cent) and women having 0 to 2 children (32 per cent).This indicates that prevalence of contraceptives was high among higher parity women they had already attained their desired number of children.9

REGRESSION ANALYSISContraceptive use was found to be influenced by the socio-economic factors. Nevertheless, all factors were not equally influential in describing the variations in contraceptive use in the region. Only significant variables have been selected for data analysis. The first model shows that almost all socio-economic variables selected in the analysis have a more significant effect on contraceptive use in the year 1998-99 compared to 2005-06. Keeping all other variables constant, place of residence shows 28.5 per cent more likely to adopt contraception by currently married women living in rural areas compared to their urban counterparts. Age of mother also has significant effect on contraceptive use. The probability of accepting contraception is thirty-four per cent less to mothers in the age group of 30-39 year, and thirty-four per cent more chance of accepting contraception to mothers age 40-49 with reference to the 15-29 mothers’ age group. Sex of child reveals that 21.5 per cent higher chance to mothers having female child for adopting contraception in comparison with mothers having male child after controlling other variables. According to child mortality variable, the result shows that forty-two per cent less likely to adopt contraception to mothers who did not experience child death in reference to mothers who experienced child death.

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Furthermore, education has a great impact on contraceptive use and it shows that with increases in the level of education of mothers, the chance of accepting contraception is 35 per cent less likely to mothers who have completed primary education whereas eighteen per cent less likely to adopt contraception to mothers who have completed secondary and above education in comparison to the reference category of not educated mothers.

TABLE 4: LOGIT ESTIMATATES OF THE PROBABILITY OF CONTRACEPTIVE USE AMONG CURRENTLY MARRIED WOMEN, BY SELECTED BACKGROUND CHARACTERISTICS, NORTH EAST INDIA,

1998-99 AND 2005-06

Explanatory VariablesNFHS-2 NFHS-3

Exp(ß)(Odds Ratio) Exp(ß)(Odds Ratio)

Type of ResidenceUrban®Rural 1.285*** 1.065Age of Mother15-29 years®30-39 years .659*** 1.05540-49 years 1.340*** 1.705***Sex of ChildMale®Female 1.215*** 1.199***Child LossNo®Yes .577*** .571***Mother’s Level of EducationNo Education®Primary .654*** .646***Sec.& above .821*** .879**Work Status of MotherNot working®Working 1.096* .923**Caste/tribeST®Others .813*** .863**ReligionHindu®Christian 1.586*** 1.265***Others 0.883 .560***Standard of Living IndexLow®Medium .570*** .556***High .824*** .813***Media Exposure No® Yes .654*** .613***Number of Living Children 0 to 2®3 to 4 .728*** .865**5 & above 1.552*** 1.416***® Reference Category *Significant at 10 % level ** Significant at 5 % level ***Significant at 1 % level

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For those working mothers have no impact on adopting contraception with the reference category of not working mothers. Under caste, ‘others’ have nineteen per cent less chance of adopting contraception as compared to the Scheduled Tribe women. Religion shows significant effect on adopting contraception as per the data. Keeping all other variables controlled, the probability of mothers who belonged to Christian is 58.6 per cent more likely to adopt contraception with reference to mothers belonged to Hindu. Standard of living has significant impact on contraceptive use. Mothers belonging to medium standard of living households have forty-three per cent less chance and mothers who belonged to high standard of living households have eighteen per cent less likely to accept contraceptives with reference to mothers who belonged to low standard of living households. Similarly, mothers who regularly exposed to mass media have thirty-five per cent less likely to embrace contraceptives with the reference category of mothers who are not exposed to media. Number of living children has a significant impact on contraceptive use. Mothers who have 3 or 4 children have twenty-seven per cent less chance for using contraceptives, whereas mothers who have 5 and above children have fifty-five per cent more chance for embracing contraception.

Finally, the socio-economic impact is more on the variable of number of living children which was recorded at 27 per cent less chance in NFHS-2 which has increased by 13.5 per cent less in NFHS-3, implying that the probability of contraceptive use among women having 3-4 children have an increase of 0.13 times in reference to mothers having 0 to 2 children. CONCLUSIONAs this paper examines the interaction between contraceptive use and other socio-economic factors, that is, whether the effect of socio-economic factors on contraceptive use brings any change in terms of percentage of women who accepted contraceptives, apart from the socio-economic impact on contraceptive use during the two NFHS surveys. Overall, contraceptive use among currently married has increased from 43 per cent in NFHS-2 to 49 per cent in NFHS-3.The analysis also found that during the two NFHS rounds, the percentage change of women who tend to adopt contraception has increased in different degrees in almost all sub-groups of population. There are three exceptions to this observation, viz. – (i) mothers in the age group of 40-49 years (ii) mothers who did not experience child death, and (iii) mothers who have high standard of living. The percentage change of increase in contraceptive use is highest (45 per cent) among mothers who did not experience child death, followed by women who belonged to religious groups (40 percent) other than Hinduism and Christianity, mothers in the age-group of 15-29 years (33 percent) and mothers who have 0 to two children (32 per cent). And the rest of the sub-group represents an increase less than 30 per cent. Thus, the findings of the impact of socio-economic factors on contraceptive use are quite similar to many other studies in India. 6, 13, 14 Although Ramesh (1996) claims that if education is controlled, urban-rural differences in contraceptive use is substantially reduced, the percentage change in rural areas is much higher as compared to urban areas during the two rounds of NFHS surveys in the study. Both NFHS-2 and 3 have documented that in northeastern states, the commonest method of family planning was female sterilization (19.6 per cent in NFHS-2 and 16.1 per cent in NFHS-3) which is also similar to the studies found in East Delhi.4 The analysis also indicates that illiterate women in northeastern states use more and more contraceptives which is almost equivalent to literate women, and this is perhaps due to the fact that illiterate women were in receipt of the benefits of health and socio-economic advancement.2

Moreover, the percentage of decline is highest (11 per cent) among mothers who experience child death. This is followed by mothers within the age-group of 40-49 (3 per cent) and mothers having high standard of living (3 per cent). Perhaps contraceptive use decline the most among mothers who experience child death is due to the fear of lost of their family line, security in the case of illness and during old age. More importantly, at least one son is a must for the Hindu society since religious utility flows from performance by sons of important religious functions and according to Hindu tradition, sons are needed for the cremation of deceased parents because only sons can light the funeral pyre.1 Although it is found in this study that a positive relationship between contraceptive use and standard of living which is consistent with Kanitkar and Murthy (1983) conclusion in contraceptive use and standard of living in Rajasthan and Bihar, the percentage change during the two NFHS surveys was

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declined among women having high standard of living. Results of the logistic analysis shows that all the socio-economic factors have significant impact on the use of contraceptive except in the variable of place of residence. The net impact on contraceptive use by the socio-economic factors declined in most of the cases during NFHS-2 and NFHS-3.In fact, the net impact of socio-economic is higher in certain variables viz., mother’s age, mother’s education (secondary and above) caste and number of living children (3 to 4). Overall, age of mother and educational level of mother are the most important determinant among the social-economic variables that influence the use of contraception in northeastern region.

REFERENCES

1. Arnold, Fred, M.K. Choe, and T.K. Roy (1998). Son preferences, the family building process and child mortality in India, Population Studies, 52:301-315.

2. Arokiasamy, P. (2009). Fertility Decline in India: Contributions by Uneducated Women Using Contraception, Economic and Political Weekly (44): 30 (July 25 - July 31)

3. Bankole, A., and S. Singh (1998). Couple’s fertility and contraceptive decision making in developing counties, Hearing the man’s voice. International Family Planning Perspectives, 24(1): 15-24.

4. Basu, Alka (1992). Cultural influences on the timing of first birth in India: Large differences that add to little differences, Population Studies, 47:85-95.

5. Bhasin, S.K., M.Pant, M. Metha, S. Kumar (2005). Prevalence of Usage of Different Contraceptive Methods in East Delhi-A Cross Sectional Study, Indian Journal of Community Medicine 30: 2, April-June.

6. Bhende, A.A. and T. Kanitkar, (1993). India’s Population Policy, Principles of Population Studies, New Delhi: Himalaya Publishing House.

7. Bose, S., Trent, K. (2006).Socio-demographic determinants of abortion in India: A north-south comparison, Journal of Biosocial Science, 38( 2) March, 261-282.

8. Curtis, S.L., and C.F. Westoff (1996). Intention to use contraceptives and subsequent contraceptive behavior in Morocco. Studies in Family Planning, 27(5): 239-50.

9. Dwivedi, L.K. (2006). Contraceptive Use in India: A Multivariate Decomposition and Related Simulation analysis, Demography India, 35. (2): 291-302.

10. Dwivedi, S.N. (1992). Contribution of some socio-economic variables towar4ds explaining the level of adoption of various family planning desires in India during 1987. Demography India, 21(2): 239-45.

11. Gulati, S.C. (1996). Contraceptive methods use and choice in Kerala and Uttar Pradesh: Multinomial logit analysis of NFHS data. Demography India, 25(2): 205-20.

12. Irudaya Rajan S., U.S. Mishra and T.K. Vimala (1996). Choosing a permanent contraceptive: Does son preference matter? Economic and Political Weekly, 3(29): 1, 980-4.

13. Kanitkar, Tara and B.N. Murthy (1983). Factors associated with contraception in Bihar and Rajasthan: findings from recent sample surveys, Dynamics of Population and Family Publishing House, Delhi.

14. Mahmood, N. and Ringheim, K. (1996). Factors affecting contraceptive use in Pakistan. Pakistan Development Review, 35(1): 1-22.

15. McNay, K. , Arokiasamy, P. , Cassen, R.H.(2003). Why are uneducated women in India using contraception? A multilevel analysis, Population Studies, 57 (1) March, 21-40.

16. National Family Health Survey, 1998-99 and 2005-06, International Institute of Population Sciences, Mumbai.

17. Rahman, M. (1996). Child mortality and fertility regulation behavior in Bangladesh: Implications for family planning programs. ICDDR, B Working paper No. 52 Dhaka: International Centre for Diarrhoeal Disease Research.

18. Rahman, M., J.Akbar, J.F. Phillips and S. Becker, (1992). Contraceptive use in Matlab, Bangladesh: The role of gender preference, Studies in Family Planning 23(4): 229-42.

19. Rajaratnam, R. (1995) Family size desires, sex preference, socio-economic condition and contraceptive use in rural Karnataka, India. Demography India, 24(2): 275-90.

20. Raju, K.N., and T.N. Bhat (1995). Sex composition of living children against socio-economic variables

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while accepting family planning methods. Demography India, 24(1): 87-99.21. Ramesh, B.S., S.C. Gulati and R.D. Retherford (1996). Contraceptive use in India, 1992-93. NFHS subject

Reports No. 2, Mumbai, IIPS; and Honolulu: East-West Center.22. Retherford, R.D., Ramesh, B.M.(1996). Fertility and contraceptive use in Tamil Nadu, Andhra Pradesh,

and Uttar Pradesh. National Family Health Survey bulletin, Issue 3, April, 1-4. 23. Srivastava, J.N. (1991). Impact of child mortality as family size desires and family planning practices among

white-collar workers. Journal of Family Welfare, 37(4):19-26.

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“INTERNATIONAL FINANCIAL INSTITUTIONS: A QUEST FOR THEIR RESPONSIBILITY AND ACCOUNTABILITY TOWARDS PEOPLE AND

SOCIETY”Amrendra Kumar*

For long time, International Financial Institutions (IFIs) have been playing important role in maintaining the international monetary and financial system in the world. However, these international financial institutions especially International Monetary Fund (IMF) and World Bank have been quite controversial in developing nations for imposing newer conditionality, austerity policies and sometimes violating the international laws as well(Subedi:2006). There has been demand for making them responsible and accountable in this regard for omission and commission through policies, functions and operations in a state. They could be held a subject to international law as international organization, hence may be dealt for responsibility and accountability towards affected people and societies in any state for their monetary policies, programmes and operations for development, environment, education and investment. Hence, the basic aim of this paper is to discuss about the IFIs, especially IMF and World Bank, area of work they operate, for that the immunity they maintain, the responsibilities and accountabilities they hold towards individual, groups and societies in different member nations especially in developing nations. The most prominent IFIs are two global organizations and a set of regional development banks. The two global organizations are the IMF, World Bank and the Regional Development Bank is African Development Bank (AFDB), the Asian Development Bank (ADB), the European Bank for Reconstruction and Development (EBRD); and the Inter-American Development Bank (IADB). The legal and governance, structures, purpose and function of these major regional development banks are modeled on World Bank, hence, IMF and World Bank provides a useful basis for understanding the international legal principles applicable to the operations of all the IFIs. Hence, it makes quite obvious to restrain myself to focus on only IMF and World Bank while examining the scope of the responsibilities of the IFIs (Bradlow: 2010).IFIs under UN SystemAs it is well known that the emergence of the IMF and World Bank preceded the formation of the United Nations, but Chronology of the events did not have in the way of the IFIs operating within the UN framework. As both the institution were included under the UN system, as independent specialized agencies under Article 57 of the UN Charter, as it says:

“The various specialized agencies, established by inter-governmental agreement and having wide international responsibilities, as defined in their basic instruments in economic, social cultural, educational, health, and related fields, shall be brought into relationship with the United Nations in accordance with the provisions of Article 63.”

Again, Article 63 states: The Economic and Social Council may enter into agreement with any of the agencies argued to in Article 57, defining the terms in which the agencies concerned shall be brought into relationship with United Nations. Hence, these two IFI through two individual agreements became

*Research Scholar,CILS/SIS Jawaharlal Nehru University New Delhi

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independent specialized agencies of the UN in 1948. This linkage gives immunity to the IMF and World Bank when they works in different member states of United Nations, expanding their activities in the field of security, environment, education, cultural issues and some human rights.Hence, arguably the relationship agreements between these two institutions and the UN acknowledging them as specialized agencies required them to ‘consider’ UN decision and recommendations. The IFI are also required to give ‘due consideration’ to the requisite of UN to place the issues it proposes on the agenda of Boards of Governance of these two institutions. The agreement also makes it mandatory for these institutions to implement any decision that the Security Council adopts under chapter VII of the UN Charter as well. However, these two IFIs have interpreted the agreements in different manner and argued that they have to merely consider and are not necessarily required to follow the decisions and recommendations of the United Nation.IFIS UNDER INTERNATIONAL LAWAs the primary source of international law under Article 38 of the Statue of ICJ are international treaties, customary international law and formal principles of law accepted by all nations. This means, that the international law applicable to the IFIs consists of their Articles of Agreements and any other treaties to which they are party any applicable customary international law and applicable general principles of law accepted by all nations. The moist important treaty for the World Bank and the IMF is their founding document, their Articles of Agreement, where all the objective and functions are written in general terms and one expected to perform them ‘without resorting to measures destructive of national or international prosperity’. However, both the World Bank and the IMF are free to apply them as they deem appropriate in their operations. In fact, their Articles of Agreements also specify that the authority to interpret the articles rests, with the boards of executive directors, Subjects to an appeal to their board of governors only. However, these Articles should also be interpreted in accordance with Vienna Convention (1969) in ordinary meaning of their words in the light of their purpose and the context in which they operate. But through creative interpretation of their Articles, they have been able to adopt to the changing conditions in which they operated over the past sixty years, hence became loan of contentions and criticism, on the ground of ‘mission creep’ and ‘political activity’. Such activities may fall them under responsibility under international law as well.Apart from this, these IFI are also signatories to several international agreements: First, each has signed a relationship agreement with UNO; second, they concluded headquarters agreements with their host states and analogous agreements with other states in which they have offices. Finally, they inter into international agreements each time by a loan or guarantee agreement with their member states. Since these three categories of agreements involve at least one international organization, are not directly governed by the Vienna Convention. Instead, they are governed by customary international law and world be covered by the Vienna Convention on the law of Treaties between states and International organizations or between international organizations.

However, instances of applicability of customary international law to international organizations understandably is said to be ambiguous, which is even difficult to identity. In regard to the relations between the member states and the IFIs, an important applicable customary international law principle is respect for the sovereignty of the member states which mean that IFIs should refrain from interfering in these matters that fall within the ‘domestic jurisdiction’. The second set of customary international law principles relate to the enforcement of any international agreements between the IFIs and member states. These are the specific areas where these IFIs have been urged for holding the responsibilities towards states, societies and people. The third set of customary international law is jus cogens principles from which no derogation is possible, are also applicable to IFIs. But this principle is limited to universal agreement hence, limited application in the normal course of the IFIs operations. It is even more difficult to identify formal principles that are applicable to the operations of IFIs, but may found under the principles of good faith and non-discriminatory treatment as well.

INTERNATIONAL IMMUNITY AND IFISAll IFIs are treaty organizations with their own international legal personality. But this legal personality of international organization in IFIs cannot be treated uniformly, as there is no equality

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as such in terms of their purpose, mandate and membership. Somewhere or other, the immunity accorded to international organizations also undermines the establishment of the legal responsibility of international organizations. The immunity from jurisdiction of international organization is generally analyzed for its mission and activities in member states and hence, not submitted to the National Courts for functional autonomy. Relying either on the convention creating the organization, or on the headquarter agreement between the organization and host state, or less frequently on customary law; judges generally consider themselves bound to grant immunity to organization whenever submitted to National Courts. However, the benefit of such immunity may be refused in some cases, e.g. it may be refused on the basis of the having the immunity by organizations which is rarely done. Alternatively it may be refused because the state before whose courts the matter has been brought is not a party to the conventions or agreement, creating the organization and the judges do not feel bound to grant immunity on the basis of customary law(Gaillard:2002).

Then, for holding them responsible for their activities and conduct, there has to be limit the scope of the immunity from jurisdiction of IFIs. For that some scholars argue that there has to be method of limitation and relevant substantive principles as well. In terms of method, there are two conceivable solutions for limiting the scope of the immunity, first, the multilevel conventions and then head quarters agreements or other specific instruments, such as the treaty regulating the immunities of the United Nations. As on substantive level, limiting the immunity from jurisdiction of international organization depend on the disputes and criteria for the exclusion of immunity involving international organization and third parties. As far as IFIs are concerned, they are enjoying some immunity in their function, hence need to be limit their immunity on certain circumstances. However, under current law, a private party or individual access to the courts against them is not systematically generated, which requires bypassing the obstacles of immunity for hold them responsible, to the extent of lifting the veil of the IFIs Boards.INTERNATIONAL RESPONSIBILITY AND IFISNow, there is general assumption that the norms relating to the responsibility of international organization in the international law are underdeveloped allowing IFIs to evade accountability and legal responsibility for their policies and programmes (Chimini: 2010). This can be examined by asking two questions as when such organization held international personality, whether they are responsible internationally for violation of any law; what basis they are responsible and how their responsibility is enforced. As these IFIs i.e. IMF and World Bank are specialized agencies of the UN system as stated above, holding the international personality by the membership of sovereign states by providing ‘separate will’, can be said subjects of international law, hence entails the responsibility from the charter of UN. However, they have managed to curve out more leeway for autonomy and independence through their respective agreements with United Nations. As subject of international law, there is not much judicial product on the international responsibility of or to International organization, but notably classic authorities may be found by PCIJ in the Chorzow Factory Case (1927) that the violation of international law entails responsibility and the obligations to make responsible in one form or another(Amersinghe:2005). Then it was set out by ICJ in famous case Reparations of Injuries Case (1949) that the breach of international law by an international person, whether by commission or omission, produces responsibility. However, this issue of responsibility of international organization has been given until mid 1980s, after collapse of the ‘International Ten Council’s Case (1983) which provided clear picture on the responsibility of the International organization and their member states and Third parties. Hence, such obligations are even demanded by the IFIs as international organization to abide by this norm, later on backed by the ICJ in WHO case (1980)(Klabbers:2004).

Now, the question of responsibility of IFIs primarily arises in area where it is relationship with member states, international organizations or other international institutions and private individuals or groups of individuals within the member states, who are basically affected by IFIs, financed projects and activities. In this regard, the Charter of United Nations and its connection on privileges and immunities safeguard more IFIs of the full and independent exercise of its operations, administration

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and performance by recognizing its role making and regulatory measures. But, correspondently, they are also required to ‘consider’ UN decisions and recommendation, this could also be way to restrain and hold them responsible. In other instances, as well, the qualifying phase’ Except as otherwise provided in this agreement or in the General Convention of Article III, Section 7(3) of the UN headquarters Agreement delineates the Convention of areas of activities which are not subject to either local jurisdiction or to local law, hence provides genesis of most headquarters agreements(Susz:1987). A binding decision under Charter VII of the UN Charter well decision any operative measuring of the Relationship Agreement in the light of the explicit provision in Article 103 of the UN Charter of the supremacy on the obligations under the Charter over obligations under any other international agreement.Additionally, the ICJ also reminds that Customary International Law continues to exist and to apply, separately from international treaty even where the two categories of law i.e. Charter and separate agreements have an identical context. This means that international organizations are bound by such customary international law even though they are not parties to the corresponding treaties. Taking account, this case law, there can be access to the ICJ for advisory opinions as well for the purpose of establishing the responsibility of IFIs, which may be accepted as binding decision by agreement between the parties to a dispute, hence can be a convenient forum for holding them responsible.As far as the question of responsibility of IFIs in connection with the borrowing, loan and guarantee obligations are concerned, they do not enjoy the privileges and immunity otherwise available to them. There have been several legal attacks on the validity of such agreement made by the extensive breach itself, especially in radical change of leadership resulting in non-payment of loans by member states(Head:1996). However, the concept of ‘moral hazard’ is used to argue that non-payment of illegitimate debt is necessary to discipline them and to prevent future lending to oppressive dictations made by the World Bank and IMF in the name of poverty reduction. In such circumstance, it has been demanded that there should be the liability of lender and not the borrower on illegitimate debt as such (Hamlon: 2006). Again, there is considerable evidence that conditionality prescribed by IFIs lead to the violation of human rights of individuals, groups and societies livings in borrowing states. Such ascertain has been the basis of controversy and critique of IFIs under the International human rights as well (Suzuki: 2010).Here, Prof. Chimni argues that though IFIs are not parties to international human rights instruments, they are bound to observe international human rights obligations, on the basis of first, IFIs are under an obligations as subject to international law to abide by norms of customary international law, backed by ICJ in WHO case and then, can be reinforced by the fact that as specialized agencies of UN, they are bound to respect the UN Charter for instance Article 55-57 that suggest binding legal obligations on member state and thereby on international institutions.

ACCOUNTABILITY AND IFISThe violation of international law and international human rights law, resulting from implementing IFIs policies and programmes, also engages their accountability and responsibility. The principles of accountability is also said to be broader than the concept of responsibility\ in international law. Responsibility is incurred only when there is a breach of an international obligations and the principles of accountability goes further to the extent that the IFIs be morally answerable to the people whose lives are impacted by loans and conditionalities advanced by them(Hafner:2003). Hence, the demand for accountability also can be raised in violation of international human rights in member states.However, the International Law Commission also defined ‘Accountability of International Organizations’ as ‘multifaceted phenomena’ and inter-related with three level of liability, and considered that only legal interest may trigger accountability. All the accountability mechanisms that IFIs have adopted in effect have a similar operative notion of accountability (Suzuki & Nanwani: 2005). Hence, an important example of formal accountability mechanisms is the World Bank’s Inspection Panel (1993). As the accountability has various degrees of consequence ranging from oversight, monitoring and evaluation possesses to censorship or other forms of sanctions to the attribution of legal liability for injuries resulting in binding remedial action. In view of this, the World Bank has been looked as

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‘Fact Finding Body’ only, devoid of any concrete accountable mechanisms. Such nature of mechanisms is carefully limited. The reviews by the inspection penal are not to be equated with the conduct of judicial proceedings. It is neither empowered to settle disputes between contractual parties nor provide judicial type remedies such as injunctions or damages for non-compliance with its policies and procedures (Woods: 2001).Hence, there has been radical criticism not only the NGOs but equally from IFIs major stakeholders demanding that such institutions become more transparent, more accountable and more participatory as well. As today, these IFIs are being required to perform much wider tasks and works affecting a wide range of people, hence the question of their accountability assumes correspondingly greater importance than the responsibility. But the simple question is to whom should they be accountable and how?The basic structure of accountability in the IFIs revolves around the representative of member states who constitute the Board of Governors. The day to day operations and main work of the institutions are overseen by representatives of member state who sit on the Executive Boards of such institutions. So, the case of the problem of accountability lies in the flowed representative of the Executive Board in the fund and in the Banks. As the Board does not adequately represent all members and representative on the Board of the institutions are too distinct forum the most they represents and the stakeholder most affected by the work of institution, hence falls under vertical accountability. Again, the role of the IMF and the World Bank has expanded as such have falls under horizontal accountability. However, aware of the criticism they face, and also frustrated by their limited effectiveness in implementing wider policy reform, both the IMF and the World Bank have taken member of steps to make themselves more accountable to such stakeholders including transparency, new mechanisms of horizontal accountability and working more closely with NGOs(Nanwani:2008).

However, in recent years, there has been much developments on the accountability as initiatives taken by the IFIs as which has been accessed by different NGOs as well. Several NGOs specially from United Kingdom like British Overseas NGOs for Development (BOND) in 2005 and one World Trust (2006) have tried to define accountability and provided different component as such for the mechanisms, as transparency, participation, evaluation and complaint, and response as well. In view of this, World Bank Inspection Penal (1993) is fine example as it opened the gateways for people, non-state actions and NGOs to present their graveness in bank projects at the international level. But on the other hand, they have also faced several impediments when accessing the institutions for accountability. Some of these are highlighted by scholars are: misinformation or lack of information, about the recourse available to them, restriction on overdoes matters, fear of represents and intimation, delay in investigation and accountability and independence of accountability mechanisms as well.CONCLUSIONThe International Financial Institutions play dominant role in formalizing the policies, programmes and projects in any member states through monetary and financial advice and assistance. In lieu of these, IFIs impose unfair conditionalities, austerity policies and unnecessary operations in the member nations especially in developing nations. The people and societies are directly affected by their policies, programmes and operations, but not having contractual relationship with them, IFIs generally escapes from the responsibility and accountability towards them. The people and civil society groups argue that the IFIs generally undermines their rights as recognized under international law on financial, developmental, environmental, and social operations in the member state. Further, the respect for their rights is not simply a discretionary option for the IFIs avoiding the responsibility and accountability on the pretext of immunity, but rather an obligation that is incumbent on all subjects of international law. The only options have been to them to ask the government to raise the issue either at the Board of Governors or Board of Directors of the IFIs. In recent times, certain government agencies, NGOs, and civil society groups have raised these issues of expansion of their operation and extension of their immunity on international arena. Hence, the pressure is building on the IFIs to reconsider their position and operations and look after the issues attached with people and societies in the member states.

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REFERENCES:

Surya P. Subedi: “The Challenge Ahead for the World Bank and the IMF with regard to the Human Rights Agenda” in the ‘Human Rights and Development: Law, Policy, and Governance’ edited by C. Rajkumar and D.K. Srivastava, Ist ed. (2006) Lexis Nexis, Hongkong, pp. 177-188.

Daniel D. Baradlow: “International law and the Operations of International Financial Organizations” in ‘International Financial Institutions and International Law’; edited by Dewell D.Bradlow and David B. Hunter (2010), Kluwer Law International, Netherland, Pp. 1-30.

For details of relationship agreement see, Agreement, Between the United Nations and The World Bank, 16 UNTS 346 (1948) and Agreement Between and the International Monetary Fund (15 UNTS 328 91948).

E. Gaillard and I.P. Lurunza: “International Organization and Immunity from Jurisdiction: to Restrict and to Bypass” International and Comparative law Quarterly, Vol. 51, January 2002, pp. 1-15.

UN Charter Article 185, see also General Convention on the privileges and immunities of United Naitons, 13 Feb. 1946.

B.S. Chimni: “IFIs and International Law: A Third World Perspective” in ‘International Financial Institutions and International law’ edited by Daniel D. Browdley and David B. Hunter (2010), Kluwer Law International, B.V. Netherland, pp.3 1-62.

C.F. Amersinghe: “Principles of the Institutional Law of International Organizations” 2nd ed. (2005) Cambridge University Press, Cambridge (UK).

Jan Klabbers: “An Introduction to The International Institution Law” Ist ed. (2004) Cambridge University Press, Cambridge (UK).

Paul C. Sasz: “The United Nations Legislates to limit its liability” The American Journal of International Law, Vol. 81 (1987) pg. 739-744.

Nicaragoa vs. US.A. (1986) ICJ 14 (Para 179)John W. Head “Evolution of the Governing law for loan agreements of the World Bank and other multilateral

development banks” American Journal of International Law, Vol. 90 (1996), Pp 215-234.Joseph Hamlon “Illegitimate loans: Lenders, not borrowers are responsible” Third World Quarterly, Vol. 27,

no. 2 pp. 211-226 (2006).Eisuke Suzuki “Responsibility of International Financial Institution under International Law” in ‘International

Financial Institutions and International law’ edited by Daniel D. Browdley and David B. Hunter (2010), Kluwer Law International, B.V. Netherland, pp.3 1-62.

Gerhard Hafner: “Accountability of International organizations” American Society of International Law Proceedings 97 (2003) pg. 236-39.

Suzuki & Nanwani “Responsibility of International Organizations: The Accountability mechanisms of multilateral development Bank” Michigan Journal of International law 27 (2005) pg. 53.

Nagire Woods: “Making of IMF and the World Bank more accountable” International Affairs 77, (2001) pg. 83-100

Suresh Nanwani: “Holding Multilateral Development Banks to Account: Gateways and Barriers” International Community Law Review, 10 (2008) 199-226.

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GEO -VISUALIZATION OF CLIMATIC VARIABLES IN INDIRA GANDHI CANAL REGION, RAJASTHAN

Tarun Prakash Meena*

ABSTRACT:Recent advances in the technologies of geospatial data acquisition, modeling and dissemination, analysis, and decision support. Geographic information science has made significant advances and discoveries regarding the major issues surrounding geospatial technologies, notably in areas of ontology (the nature of being) and data modeling, visualization, and uncertainty.

The Arid region of India covers south-western parts of Rajasthan. The state accounts 132150 sq mi or 342239 km², representing 10.41 percent of the total geographical area of the country. The region is characterized by typical hot summer and cool winter (arid). The mean annual precipitation is less than 400 mm. The area is under rain fed mono-cropping (traditional) agriculture. The resistant and short duration rainy season crops, such as pearl millet, “chari” (fodder), and pulses are grown in non-saline areas. The yields are low under average management practices. In areas favoured by availability of irrigation water, cotton, sugarcane, mustard, gram and wheat are grown. The natural vegetation comprises sparse, sporadic tropical thorn forest. Recent statistics show that the forest area in the region is drastically reduced from 15 to almost 1 per cent. The Constraints regarding are insufficient rainfall leading to high water deficit, Soil salinity leading to frequent physiological droughts and acute drought at the time of grain formation and these constraints are continuously expanding towards more and more severe trends. Therefore, to study the Climatic Indicators in a state like Rajasthan following objectives are there:

o Analysis of Long-term trends in Temperature, Precipitation and Other Climatic Indicators.

o Geo- Spatial relation and variation in climatic indicators.

Among all Climatic Indicators Precipitation and temperature are most interactive in nature with each-other and this interaction leads to change in the climatic conditions. So, both these are the prime indicator of the climate to study. It become a very important to study the climatic indicators behaviour in the region. In this paper, we analyze the fluctuating conditions of temperature and precipitation over the period of 102 years (1901-2002) and model for future for Rajasthan, which is generally counted in North-Western India. Relationship between these two indicators and the spatial variation over the different climatic periods also studied.

INTRODUCTION:“Geo-Visualization the term means Visualization of Geographic Information and entities. Geo Visualization is different form of view which has reference (Geo reference) to it, means the entity we are looking is exist on the same place over the real space. While experiencing the climate as hot or cold, rarely we realize that the climate is the result of a delicate balance between several elements, which include Atmosphere, Water systems, Living organisms, Topography. Out off which Climatic

*Research Scholar, Centre for the Study of Regional Development, School of Social Sciences,Jawaharlal Nehru University, New Delhi.

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variables are more allied towards sub variables like Temperature, Precipitation, Pressure, Humidity, wind speed, Run-off etc. Temperature and Precipitation has a much interactive nature with each-other and this interaction leads to change in the climatic conditions. So, both these are the prime indicator of the climate. The Rajasthan, the on desert system (ecosystem) in India, has an active and interactive climate system. The heat budget over this region is the major driving force for the South Asian monsoon system. Because of its enormous 3-dimensional extents, it affects the sub-continents climate greatly. It alters the indicators of weather-cum-climate with its greater heights and spatial spread. Climate varies greatly over long distances due to plain topographic forcing. Large-scale variations in precipitation within an area occur with changing elevations, aspect, and rain-shadowing effects1.

Precipitation and temperature has a much interactive nature with each-other and this interaction leads to change in the climatic conditions. So, both these are the prime indicator of the climate. In Desert context, various studies had shown changes in these two indicators over the time. Significant decreasing trend in the monsoon precipitation recorded in last century with winter warming. Also, negative relationships between mean winter air temperature and rainfall amounts recorded (Bhutiyani et. al., 2009). Long-term data analysis reveals cyclic cooling and warming in the region with inter-relationship between temperature and precipitation.

So, it become a very important to study the climatic indicators behaviour in the region. In this paper, we analyze the fluctuating conditions of temperature and precipitation over the period of 102 years (1901-2002) for Rajasthan, which is generally counted in Western Indian. Relationship between these two indicators and the spatial variation over the different climatic periods also studied. STUDY-AREA:There is great variation in the climatic conditions of Rajasthan due to extreme variation in elevation. The climate varies from hot and dry desert in the western tracts to cold, alpine and humid in the southern and South-eastern mountain ranges with more elevation. The state has areas like Mount Abu (Sirohi) that receive very heavy rainfall, as well as those like Jaisalmer and Bikaner (North-Western Districts) that are cold and almost rainless.Western Rajasthan is relatively dry and infertile; and includes some of the Thar Desert, also known as the Great Indian Desert. The climate varies throughout Rajasthan as you’ll see when you travel to Rajasthan, India. On average winter temperatures range from 8° to 28° C (46° to 82° F) and summer temperatures range from 25° to 46° C (77° to 115° F). It covers Area: 342,239 sq km. In which 56.5 million people are living here mainly people used to speek Hindi, Marwari, and Rajasthani. Rajasthan Tropic of Cancer passes through its southern tip of the state.Indira Gandhi Canal area is most arid part of the Rajasthan where the annual rainfall varies from 100 to 400 mm quite after erratic so much so that the entire rainfall of the year may fall on a single day and rest of the year may be dry. This is an area of not so developed system where there are no flowing streams owing to poor rainfall, surface water resources do not exist. While good water resources are after deep natural vegetation is therefor only seasonal.But now this area is rich in agricultural production on account of a well developed system of canal irrigation. Today a large network of gang canal and Bikaner canal which along with the Indira Gandhi Canal has made this area green and production.OBJECTIVES:The paper is a preliminary exercise to look into the Geospatial pattern of Climatic variables at district level in Rajasthan as well the spatial distribution pattern of these indicators in case study of Indira Gandhi Canal region. The major objectives are as follows:

• Spatio-Temporal variation in climatic indicators. To analysis of Long-term trends in temperature and precipitation. Relationship between temperature and precipitation and their understanding.

• To find out temperature variation scenario in Indira Gandhi Canal Region and to see whether

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there is some relationship between Indira Gandhi Canal and temperature variability. • Evaluate level of Human-induced Climate Variation in Study area.

Hypothesis: Western Rajasthan Mainly Indira Gandhi Canal leads to tremendous temperature variation, But during last two decades variation changed a lot.Database: The study is mainly based on secondary data information available from different sources for years 1901 to 2002 (2006). The major sources are as follows:

•(www.indiawaterportal.org) Data from 1901 to 2002 for two Climatic Variables Temperature and Precipitation from the web page of Indiawaterportal

•Indian Metrological Department:o Indian Daily Weather Report 1975-2006o Rainfall Annual : Irrigation department, Government of Rajasthan

•Chief Engineer Indira Gandhi Nahar Pariyojana, Bikaner Head office. For this study we have taken data from the above web-page. This site provides data from Climate Research Unit (CRU) TS2 Dataset, out of the Tyndale Center for Climate Change Research, School of Environmental Science, University of East Anglia, Norwich, United Kingdom. Institute collected data from IMD India, and filled-up gaps for those weather stations, which have less than 25% of data gape, by +_ 10 years simple average method. Those stations, which have more than 25% of data gape, institute doesn’t give data for them. For example, both districts of Goa have more than 25% data gape. So, site doesn’t show any data for these districts.

Methodology:To analyze the long-term data and to make them easy to interpret some basic methodologies has been used including statistical and graphical methods. But, first period of 1901-2002 is divided in three climatic periods, each having 34 years of data. These are 1901-1934 (Climatic Year I), 1935-1968 (Climatic Year II), 1969-2002 (Climatic Year III)To analyse the objectives of the stations are marked around Indira Gandhi Canal. Then collected monthly Mean Min-Max of May and June of this region for years starting from 1975 at 5 year interval. After it Normal temperature of these stations is taken and calculated Departure.

• Departure = Actual – Normal• Percent Departure = (Departure / Normal)*100

Methodology in any case is like a key which apparently reveals and discloses the complexities of any kind of problems. In order to shift the complexities and draw inferences, various cartographic statistical and GIS techniques have been applied. In general there are two methodology techniques adopted for study:Statistical Methods: Normal or average, of different climatic periods, calculation for trend analysis. This is one of the best method to analyze the changing nature of variables, especially the climatic variables.Correlation and Simple Linear Regression analysis for determining the relationship between temperature and precipitation (Bhutiyani et. al., 2009)Graphical Methods: Simple Linear Trend-line (Gadgil et. al., 2005)Representation of temperature and precipitation through Isotherms and Isohyets respectively with the help of ArcGIS software tools. This is used to represent the North-South movement of temperature.

Geo -Visualization of Climatic VariablesTrend analysis for temperature and precipitation data: By average method, the trends of these indicators are shown in the Table; 1. A general overview of the table suggests that;

• Temperature increases in all forms, means maximum, minimum and mean temperature in the 2nd climatic year but after construction of Indira Gandhi Canal in 3rd climatic year temperature again declined.

• 2nd climatic year period (1934-1968) recorded increased in temperature in P-II, but declines

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in the next period (3rd).• Decadal scenario also have recorded the same trend, i.e. increases in second period but

decreases in the third (1969-2002) climatic period.• Precipitation doesn’t show any regular trend. While precipitation increased where it is 556mm

in 1901 reached to the level of 610mm in 2002. These trends also represented by trend line, depicted by simple linear regression method. Graph ahead illustrates the results through this method. Some observations are;

o Temperature experienced increase in all seasons except the monsoon.o Precipitation increases in all seasons, without showing any decrease in any season.

Concern point: Although temperature shows same results through both methods but precipitation doesn’t. It gives some contradictory results for precipitation. So, we have to be careful, while interpreting the results. We used the graphical representation of the data. It make possible to interpret the results accurately and rationally, without any flaw.

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Variations in Temperature and Precipitation Trends in Temperature and Precipitation

Minimum temperature is increasing with a low pace as compare to Maximum and in decadal as well as climatic (normal) level it is increasing in maximum terms. Both are clear through line graph and trend line.Differences are recorded in the Maximum temperature record. Figure presents that maximum temperature increases through the trend-line is positive. But, minimum temperature Figure clarifies that, though maximum temperature increases in P-II & III, but it records significant decreases in the P-III. So, in the last climatic period that is 1969-2002, temperature decreases in all forms in the state. Same thing happened with precipitation also. Precipitation recorded increase, while rainfall reduces in amount in the whole period. This can see through both graph and trend-line. Although, average graphs are differing a little bit to the trend line but through Table it is clear.District wise analysis:Analysing the state’s climatic conditions, as a one single unit, sometimes omits some significant properties of the data. It can ignore the extremes and can do generalization. So, by going to minute level, we can achieve results with higher accuracy and without any lose of data property. So, we opted to do district level analysis also, along with the state level. Mostly all the districts are showing

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the same pattern increasing temperature in June and annual and decrease in January temperature but some districts have sharper pattern and some are showing slow changes.

Annual Temperature: Annual temperature is more like with the June temperature scenario. The Banswara, Dungerpur Jalor etc southern districts are showing highest variation as well as highest average annual temprature. Then the north western districts of Jaisalmer, Jhunjunun and Churu.Min-Max Temperature: The Mean January temperature is showing just opposite pattern of June month. Areas having higher variability in June months have low variability in January temperature. The whole Indira Gandhi canal area has lowest temperature variability in January month. Where at the time of june month it is showing a perfect opposite pattern. Here in this map of hundred years of June temperature we can see that eastern Rajasthan is showing highest variability in terms of June temperature. Southern part have least variability which oppse in winter in northern parts.

Annual Precipitation:Precipitation variability, it’s well known that precipitation is lowest in western Rajasthan and it increases as we move towards eastern Rajasthan or the areas of higher rainfall. Jaisalmer, Barmer and Bikaner are the districts which have shown highest climatic variability.

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Selection of districts for the study;Though, we have data for all the district of Rajasthan and through that data only we could able to calculate average data for the whole state. For, district wise study, it will be difficult to deal with all the districts and depict their data on line graph or trend line. So, we selected three districts for the study, are;

1. Barmer 2- Jaisalmer 3- Jodhpur 4- Bikaner 5- Ganganager 6- Hanumangarh

Can also delimit these districts threw Indira Gandhi Canal Region considering spatial pattern into account from South to North on ground. In arid western plains of Rajasthan climate conditions vary throughout the year in summers there is much variation in the diurnal range of the temperature in Rajasthan. Though day temperature can melt your bones and they tend to fall considerably at night. This temperature variation is mostly because of sandy soil. Sandy soil gets heated more frequently in day and temperature increases 0n the other hand during night it release heat at much faster rate so temperature decrease. Today some human factor also affects this temperature variation, For example in this arid region. Gang canal Rajasthan canal, explosion in Pokaran by men and some other factors also have affected temperature variation a lot. That’s why today temperature variation in this arid western zone or Indira Gandhi Canal area has changed. Indira Gandhi Canal is the lifeline of this region and this canal affects all aspects of this region to great extent.Annual Precipitation in Indira Gandhi Canal:Based on map ahead here we can say that where precipitation is very less in this region has increased due to Indira Gandhi Canal, here we can say that Bikaner is the only district in the region shown a constantly low value of rain in whole last century.

Spatial Precipitation Variation in Canal Region: threw data the pattern emerged is that the variation in precipitation is least in southern part of region then of the northern districts.

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Temporal Precipitation Variation in Canal Region: shows the same where districts showing a constant line upto1660’s but after creation of canal in the region district shows a sudden change.

Annual Temperature in Indira Gandhi Canal: In Rajasthan to meet the demand of increasing population Indira Gandhi Canal has into existence and it has affected a natural and cultural aspects. In month of June in Ganganagar normal maximum temperature remain 41.9°C and normal minimum remains 28.2°C. In Bikaner normal temperature of June 41.7°C maximum and minimum remains 29°C. Same is with stations like Phalodi, Jaisalmer and Barmer with normal Maximum temperature 40.9°C, 40.8°C, 40.3°C and minimum temperature 27.6°C,26.8°C, 27.3°C respectively.

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After construction of Indira Gandhi Canal in the same month temperature started to variating tremendously. Mostly it vary according rainfall in rainfall years temperature decreased and in low rainfall years temperature increased as in 1980, 1995, 2003 and 2005. Both temperature increased. In 2001 there was high rainfall 305mm so temperature decreased so much. So I can say that in June also temperature varite much but according rainfall. In whole region there is more effect of Indira Gandhi Canal a little mostly maximum temperature.Correlation between Temperature and Precipitation 1901- 2002:Correlation does not show any kind of clear pattern only a single pattern emerged is that the northern most districts in canal region are negatively correlated to each other and allover pattern in the region pattern emerged is that when the temperature increases precipitation also increases.

District Correlation B/w Temprature and PrecipitationBarmer -0.27324Jaisalmer 0.444726Jodhpur 0.740865Bikaner -0.51958Ganganager 0.417498Hanumangarh -0.20635Study Area 0.403634

Results:After interpreting all diagrams and data it can be said that, all most all stations have decreased their monthly temperature slightly in the month June, after 2003, minimum temperature of tested stations have decreased their temperature specially. In earlier years because of variation in temperature also vary. All station has more or less same trend line.In June maximum temperature also all station decreased their percentage departure. Notable is that performance of Phalodi it has decreased a lot its temperature.

Conclusion:In conclusion it can be said that whole region have a tremendous temperature variation and the temperature of this area has been affected by Canal. Minor variation in temperature are caused by drought rainfall of other climatic characteristics but mostly long term analysis shows that after introducing Indira Gandhi Canal area in western arid region temperature has been decreased.The interpretation of data proved that June maximum and minimum temperature of all stations has decreased after 1987 (year of Indira Gandhi Canal introducing). In Phalodi have decreased it is highest

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temperature a lot in comparison to other stations.So it can be said that Indira Gandhi Canal is lifeline of western Rajasthan have brought physiographic change by extensive canalization, hydrological, environmental, animaual, agricultural, settlement pattern, vegetation ecological, atmospheric changes and change in biodiversity and it last can be also said that Indira Gandhi Canal in western Rajasthan have affected climatic variables.

REFERENCES:Bhutiyani ,M.R .and Kale,V.S.and Pawar, N.J, (2009). “Climate Change and the Precipitation Variation in the

Northwestern Himalaya”, ”, International Journal of Climatology, Vol. 29, Issue- 4, 30th march, 2009, Bookhagen, Bodo and Thiede, Rasmus C., and Strecker, Manfred R.,(2005). “Abnormal monsoon years and

their control on erosion and sediment f lux in the high, arid northwest Himalaya”. Earth and Planetary Science Letters 231 (2005) 131– 146

Mall.R.K, Akhilesh Gupta.2006.Current Sciences, Vol 90, 10-12,JuneReiter Paul (2001), Climate Change and Mosquito-Borne Disease Environmental Health Perspectives, Vol. 109,

Supplement 1: Reviews in Environmental Health, 2001 (Mar., 2001), pp. 141-161.Tyagi B.K. (1997), Emerging and Re-emerging Vector-borne Diseases in the Thar Desert, North-wester Rajasthan,

India, Regional Health Forum- Volume 2, Number 1, 1997.Dhiman Ramesh C., Pahwa Sharmila and Dash Aditya P.(2008), Climate change and malaria in India: Interplay

between temperatures and mosquitoes, Regional Health Forum – Volume 12, Number 1, 2008.Report of a Brainstorming Session (2006), Vector-Borne Diseases in India, World Health Organization, Regional

Office of South-east Asia, 9 November 2006.Longstreth Janice (1991), Anticipated Public Health Consequences of Global Climate Change, Environmental

Health Perspectives, Vol. 96 (Dec., 1991), pp. 139-144.Gadgil, Alka and Dhorde, Amit,.(2005). “Temperature trends in twentieth century at Pune, India”, Atmospheric

Enviornment, 39 (2005) 6550-6556.Lowe, J.J. and Walker, M.J.C., (1984.). “ Reconstructing Quaternary Environments”. In: , Longmans, London

(1984), p. 389.Mayewaski, A. Paul and Pregent, Gerad P. and Jeschek, Peter A. and Ahmad, Nasiruddin, (1980). “Himalayan

and Trans-Himalayan Glacier Fluctuations and the South Asian Monsoon Record”, Arctic and Alpine Research, Vol. 12, No. 2 (May, 1980), pp. 171-182 .

(Endnotes)1 Yadav et.al., 1997, 1999, 2002

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RECENT MARITIME PIRACY IN THE ARABIAN SEA: A CRITICAL

GEOPOLITICAL ANALYSIS

Md. Obaidur Rahaman* Md. Anisujjaman**

ABSTRACT:The Gulf of Aden in the Arabian Sea is one of the busiest trading routes in the world. This space is not only geo-economically important but also geo-politically and geo-strategically so significant. Recently maritime pirates are a direct product of the geopolitical, social and political chaos that has prevailed in the last two decades. The root causes of piracy in the Arabian Sea on the coast of Somalia could be attributed to lack of a central government, unemployment, poverty and unequal distribution of resources, organized crime, terrorism and exploitation by the powerful developed countries. Piracy has become an increasing problem that has affected both commercial and private shipping. To compound the problem, there are few alternatives to the Gulf of Aden. The longer route to Europe and North America around the Cape of Good Hope significantly increases the cost of shipping. Assisting Somalia to rebuild its central government, re-establish the rule of law, providing basic amenities and facilities, optimistic approach and financial support from the international community could reduce, prevent and combat piracy.(Key words: maritime piracy, geo-economics, geo-politics, geo-strategy, unemployment, terrorism, optimistic approach)INTRODUCTION:Recent maritime piracy in the Arabian Sea, especially on the coast of Somalia, the Gulf of Aden and the Horn of Africa (HoA) have not only received attention from the media and the international community, but also garnered the attention of the policy strategists and academic researchers as well. This area has seen the largest share of global piracy attacks in recent years, and the problem appears to be growing day by day. Arabian Sea is not the only area of the world affected by maritime piracy, however. The Gulf of Guinea in West Africa has long been a high risk area, as are the waters along Bangladesh and the South China Sea. But in 2010, more than half the global piracy attacks were ascribed to Somali pirates. Piracy has become an increasing problem that has affected both commercial and private shipping, especially off the coast of Somalia. Somalia, a third world country on the horn of Africa, has a population of fishermen that convert to pirates in efforts to remove themselves from poverty. These pirates join together under a leader and make organized and planned attacks, seizing ships with valuable cargo (including oil and military tanks) and holding its crew hostage until their demand for ransom is met. There are two types of maritime piracy: the first is robbery or hijacking, where the target of the attack is to steal a maritime vessel or its cargo; the second is kidnapping, where the vessel and crew are threatened until a ransom is paid (Hand, M. 2007). The Somali situation is unique in that almost all of the piracy involves kidnapping for ransom.Shipping by sea remains a vital method of transporting goods between nations and the Arabian Sea plays a very significant role in such kind of activities. Approximately 80% of world’s trade

* Research Scholars, Centre for International Politics, Organization and Disarmament (CIPOD), School of International Studies, Jawaharlal Nehru University, New Delhi-110067.

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currently travels by sea, representing around 93,000 merchant vessels, 1.25 million seafarers, and almost six billion tons of cargo. Since the end of the Second World War, seaborne trade has doubled every decade (Frank, J. 2008b). Geopolitically, the Gulf of Aden is one of the most significant trading routes in the world. Thousands of ships pass through the Gulf route to or from the Suez Canal every year. The US Department of Energy estimated that, as of 2006, as many as 3.3 million barrels of oil per day were transiting the Bab el Mandab strait between the Gulf of Aden and the Red Sea. To compound the problem, there are few alternatives to the Gulf of Aden. The longer route to Europe and North America around the Cape of Good Hope significantly increases the cost of shipping. According to the International Chamber of Commerce (ICC), in 2009 Somali pirates hijacked 47 vessels, took 867 crewmembers hostageand carried out no less than 217 violent attacks on ships. All this took place after the United Nation Security Council (UNSC) passed a resolution authorizing the deployment of a sizeable naval force in the region to protect ships and their crews. From the economic point of view, piracy affects international trade through an increase in insecurity related to the prompt delivery of the goods transported. Canal authorities have reported declines in shipping traffic and resulting revenue loss recently, due both to decreased economic activity and the piracy threat in the Gulf of Aden (Hand, M. 2007). If international shipping continues to avoid the Gulf area’s oil and gas exporting facilities, the world may see an increase in commodity and energy prices from Asia and the Middle East. Furthermore, it is feared that if the price of shipping, including insurance premiums, continues to rise, regional trade for countries like Egypt, Sudan, Saudi Arabia, Eritrea, Ethiopia, Dijbouti and Yemen will decline as well. Therefore, it is very important to understand the root causes of maritime piracy in the Arabian Sea and their impact on the trade transport industry in the world.

OBJECTIVE:1.) To understand the meaning and concept of maritime piracy.2.) To analyze the dimensions of maritime piracy in the Arabian Sea.3.) To critically examine the geopolitical causes and consequences of maritime piracy in th Arabian Sea.Database and methods:The study has an exploratory-cum-descriptive design and is based on a host of primary as well as secondary information. The primary sources are documents, reports, country official news, summit reports, seminars, newsletters, interviews, etc. as well as secondary sources books, articles, etc. Most of the data are taken from the reports of International Maritime Bureau (IMB) and the International Maritime Organization (IMO). They are the supreme body who provide the accurate data about the maritime piracy in the world. Their reports have been seen carefully and geospatial and temporally analyzed in this paper. The post Iraq War (2003) period has been taken for better understanding the geopolitical scenario of the world. Iraq has recently emerged as a new hotspot; 10 attacks were reported in 2005. According to the IMB, pirates in Iraq are heavily armed and their main motive is robbery and financial gain. They attack from small boats, mostly attacking vessels at anchor in the vicinity of Basrah oil terminal and Umm Qasr. This study is based on the deductive reasoning method. The approach of study is geoplitical and critical geopolitical point of view.Meaning and Concept of Maritime Piracy:Maritime Piracy is an international crime. The term piracy comes from the sailor language, meaning plundering and robbing at sea and those who practice such activities are called pirates. Historically, the term comes from the Greek – peiratés, meaning “aggressor”. The Explanatory Dictionary of Romanian Language defines piracy as “the action carried out by the crew of a vessel, using threats and violence, resulting in kidnapping another vessel or the goods or persons onboard; an offence committed by the authors of this action”. Piracy is a phenomenon that has affected shipping since antiquity and has become in modern times a very dangerous phenomenon, almost out of control. Swords, giving piracy a facade of romance, have been replaced with automatic weapons

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and instead of the peaceful and lovely parrot, the pirates now bear a rocket propelled grenades on their shoulder. Different definitions of piracy exist as an effort of several institutions (Dillon, 2005). The definitions of the United Nations, International Maritime Bureau (IMB) and the International Maritime Organization (IMO) are mentioned below:In the United Nations Convention on the Law of the Sea (UNCLOS), “maritime piracy” consists of:“(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed: (i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft; (ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State; (b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft; (c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b)” (UNCLOS, 1982). This definition is unclear on the meaning of the word „illegal‟. It is left to the courts of the countries to decide whether the act is designed as illegal according to the international law or according to the national law of the countries.The International Maritime Bureau (IMB) defines piracy as: “An act of boarding or attempting to board any vessel with the apparent intent to commit theft or any other crime, and with an intent or capacity to use force in furtherance of that act.” The IMB‟s definition is not concerned with a formal legal definition but can be mentioned as a quite practical one in a way to effectively register pirate attacks. This definition is broader than the international legal definition. However, the IMB is an organization that does not seek to sensationalize stories for profit. According to international law, any illegal acts of violence and detention which are committed within State’s territorial waters are not defined as piracy. But, according to the IMB, nearby all illegal acts in Southeast Asia occur within territorial waters and thus would not fall under the definition of piracy. The International Maritime Organization (IMO) defines piracy as: “Any unlawful act of violence or detention or any act of depredation, threat therefore, other than an act of piracy directed against a ship or against persons or property on board such ships, within a state’s jurisdiction over such offences.” According to Chew, the lack of a standard and comprehensive definition of piracy results in some subjectivity in the available statistics. In reality, a significant number of IMB‟s reported incidents involve thefts from ships sailing close to land, at dockside or at anchor (Chew, 2005).Dimensions of Maritime Piracy:Cases of maritime piracy have increased both in their frequency and geographical location in recent years. Piracy affects all corners of the globe—from the Caribbean, to the Mediterranean, to the South China Sea. In 2008, East Africa accounted for the greatest number of incidents with 134, followed by the South China Sea (72 incidents) and West Africa (50 incidents). The overall number of attacks has been on the decline in many parts of the world with acts of piracy occurring at a rate of about 25 per month in 2008, down from a peak of nearly 40 incidents per month in 2000. This decline was global in nature with one notable exception—the waters surrounding East Africa (e.g., Gulf of Aden, Red Sea) saw a 123 percent (74-incident) increase from the prior year. In 2008-2009, piracy again skyrocketed, due almost entirely to the dramatic increase of piracy off the Coast of Somalia. Majority of pirate attacks occur in the Gulf of Aden, Somali basin, Horn of Africa and southern entrance to the Red Sea.There are three, world’s most strategic shipping chokepoints i.e. Bab el Mandab, Straits of Hormuz, and Suez Canal. Here Iraq has recently emerged as a new hotspot; 10 attacks were reported in 2005 compared to none in 2004. According to the IMB, pirates in Iraq are heavily armed and their main motive is robbery and financial gain. They attack from small boats, mostly attacking vessels at anchor in the vicinity of Basrah oil terminal and Umm Qasr. Piracy is once again on the forefront of the international community’s attention, as maritime trade is threatened and ransom payments to Somali pirates have risen to the millions of dollars. Incidents of piracy and armed robbery have been rising in East African waters (e.g., Gulf of Aden and Red Sea) in recent years as the numbers of incidents in other parts of the globe have generally stabilized. In2008, acts of piracy that occurred in East African waters were more than double the number from

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the prior year and comprised 44 percent of incidents worldwide. In the 11-year period from 1998 to 2008, yearly totals in these waters rose from 19 to 134—an increase of 605 percent. In contrast, in 2000, when global incidents of piracy and armed robbery at sea peaked at 471, only 6 percent occurred in East African waters while acts of piracy in the South China Sea, Malacca Strait, and Indian Ocean accounted for 77 percent of incidents across the globe.In 2008, there was an average, one reported pirate attack roughly every 31 hours, in 2009 this increased to roughly one attack every 29 hours but it increased to one attack every 27 hours. In 2008, there were reported more than 120 attacks, a total of 35 ships were seized by pirates and about 600 sailors were kidnapped. In January 2009, 14 ships and 280 sailors from 25 countries were held hostage in Somalia, and two sailors were killed during the attacks carried out by pirates”. In 2010, there were 445 pirate attacks worldwide, a 10% rise from 2009. Pirates seized53 vessels and captured a record 1181 hostages in 2010, almost all of them off the Somali coast. Sea piracy hit a record high of 142 attacks in the first quarter of 2011 Somali pirates become more violent and aggressive (Pinto, A. 2005).It is also noted that Somalia’s pirates have had to drift further and further from the coast in search of prey. In 2004, the International Maritime Board warned all vessels to avoid sailing within 50 nautical miles of the Somali coast. In 2005, it increased this distance to 100 nautical miles. By 2006, some pirate attacks extended as far as 350 nautical miles off the coast of Somalia, with pirate attacks occurring in the Indian Ocean, in the Gulf of Aden and at the mouth of the Red Sea. Between 2007 and 2008, the main area of pirate activity shifted from southern Somalia and Mogadishu port to the Gulf of Aden. Since the beginning of 2009, there has been an increase in the number of attacks reported off the east coast of Somalia in the western Indian victim of this piracy is undoubtedly the Somalis themselves. Ocean, with some attacks taking place over 1,000 nautical miles off that coast.Table1.1: Maritime Piracy in the Gulf of Aden and Indonesia in 2009

Source: IMB, Dec, 2009Geopolitical Causes of Piracy in the Arabian Sea:Geopolitically, The Gulf of Aden is one of the most significant routes which connect between European countries and Asian counties. Recent pirates are a direct product of the geopolitical, social and political chaos that has prevailed in the last two decades. After the 22- year dictatorship of Siad Barre and 18 years of civil war, the central government collapsed in1991(Donna, N. 2008), and the country effectively split into three: the independent north-eastern state of Somaliland; the central semi-autonomous region of Punt land; and the south-western state of Somalia. Today, the Transitional Federal Government of Somalia still does not retain full control of the capital, let alone the rest of its sovereign territory. Over three million Somalis depend on food aid, more than a two-third increase from 2007. The country has one of the highest maternal mortality rates in the world. Less than a quarter of Somalia’s children go to school, and the country is about to become Africa’s least literate. There has been a continuous outflow of refugees and migrants to neighboring countries, with the UN High Commissioner for Refugees estimating that as many as 50,000 people, predominantly Somalis, crossed the Gulf of Aden to Yemen in 2008.Modern piracy off the coast of Somalia is said to have arisen from efforts of local fishermen, who formed vigilante groups to protect their territorial waters. After the fall of the Barre regime, foreign vessels from Europe, Asia and Africa moved into tuna-rich Somali waters. Un-authorized fishing may have resulted in the loss of nearly 30% of the annual catch. The United Kingdom Department for

Year 2003 2004 2005 2006 2007 2008 2009Gulf of Aden 21 10 48 22 51 111 217

Indonesia 120 98 79 50 48 25 12World Aggregate 452 330 266 240 282 306 406

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International Development (DFID) has estimated that Somalis lost US$100 million to illegal tuna and shrimp fishing in 2003-2004, at a time when the country’s GDP was perhaps US$5 billion.There have also been reports of toxic waste dumping in Somali waters. The 2005 United Nations Environmental Program (UNEP) Report acknowledged that indeed industrialized nations are reported to be dumping their hazardous waste in Somali territorial waters and the main reason for this practice is cost. In 2009, it cost a European country $2.50 per tonne to dump its toxic waste in Somalia and $250 per tonne to dump it safely in Europe. Thus, taking advantage of the lack of political security and non enforcement of environmental security laws, the companies are dumping waste in Somali waters (Joana Ama, 2011). Initially, vessels involved in illicit fishing or dumping were attacked by these vigilante groups, with the end of either extracting taxes or deterring future incursions. One way of securing reparations was to hold the vessel and its illicit cargo until compensation was paid, and over time seizing vessels became an end in itself. Drifting further and further from the Somali coasts, the pirates are attacking commercial freighters, pleasure craft and other vessels that have nothing to do with Somalia (Zou, K., 2005). Rather than championing the cause of the Somali people, pirates today attack vessels bearing the food aid on which so many Somalis depend.On top of the ongoing conflict, Somalia is also suffering from four years of catastrophic drought, and an estimated 3.2 million Somalis, approximately 43% of the population, were dependent on food aid in the latter part of 2008. Some 95% of international aid supplies to Somalia are shipped by sea. The World Food Program (WFP) ships approximately 30,000 to40,000 metric tons of food aid per month to the Horn of Africa region. As a result of the attacks on aid-bearing ships, WFP has reported that it has become more expensive and dangerous to ship food assistance to Mogadishu. There are some others important causes of such kind of notorious crime e.g. no functioning maritime police, more invest in expensive land based homeland security initiative, corruption and judicial structures, ready willingness of ship- owners to pay increasingly large sums of money for the return of their vessels and cargoes, and the global proliferation of small arms have provided pirates with an enhanced means to operate on a more destructive and sophisticated level.Consequences of Piracy in the Arabian Sea:The dangers associated with contemporary piracy are complex and multifaceted. At the most basic level, attacks constitute a direct threat to the lives and welfare of the citizens of a variety of flag states. Piracy also has a direct economic impact in terms of fraud, stolen cargoes, and delayed trips, and could potentially undermine a maritime state’s trading ability. At the end of 2010, around 500 seafarers from more than eighteen countries were being held hostage by pirates. In the same year, around $238 million was paid in ransoms to Somali pirates. Piracy doesn’t only affect the world’s largest trade transport industry; it actually costs the global community a lot more than just ransoms and stolen cargo.Maritime piracy can pose substantial risks to seaborne trades, with considerable commodities, ranging between raw materials and energy to high value manufactured products, being shipped between global economic power houses, like Western Europe and the Far East, through several of the world’s most pirates-infested waters, nobody the Strait of Malacca and Gulf of Aden. These stated waterways are often geographically constrained- narrow but strategically vital- the so called ‘chokepoints. Their physical landscape, the existence of various, often politically and economically unstable developing/ underdeveloped regions in between, together with the growth of global trades, thus high volume of maritime traffic, have made these chokepoints highly vulnerable to piracy attacks. Under such favorable conditions, pirate hijack ships and seize cargoes onboard or prevent their timely deliveries. For example, in April 2009, six pirates boarded and hijacked a ship underway by using a speed boat armed with AK-47 rifles and pistols, taking control and sailing it to the coastal town of Eyl in Somalia, with a ransom finally paid so as to ensure the safe release of crew members (ICC-IMB, 2009b). According to IMO’s reports, in between 2004-2009, only 15% of global piracy attacks occurred off the coast of Somalia (Abhyankar, J. 2002). But in 2009, Somali pirates were responsible for 53% of reported attacks around the world, including 47 hijacked vessels and 867

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seafarers held hostage.Clearly, being a significant threat to world development- as peaceful maritime commerce can be paralyzed by insecure sea lanes- maritime piracy has yet been effectively addressed. Since2008, several major container liners had adjusted their Far East Europe routes. For example, the Grand Alliance, a strategic shipping alliance consisting of four major container liners (Hapag- Lloyd, MISC Berhad, NYK and OOCL) with substantial shares within the market, was among the first to avoid the piracy- ridden area and re-routed one of its services ( EU3 –Eastbound) via the Cape of Good Hope. In the Eastbound loop, a containership required 24 days to go from the last port- of –call in Europe to reach the first port-of –call in Asia, compared to only 16 days the other way round. Piracy is costing the international economy from $7 to $12 billion per year (Bone, J. 2008). Therefore, it is noted that maritime piracy in the Arabian Sea has a great impact on the international business companies and shipping industry. Piracy in the Arabian Sea has been dangerously increasing day by day which is created havoc in the mind of the international community.

CONCLUSION:Piracy is a phenomenon that has affected shipping since antiquity and has become in modern times very dangerous phenomenon, almost out of control. Recently, the rash of pirate attacks off the Horn of Africa and the Gulf of Aden has cast into sharp light an enduring problem that affects not only this part of the Arabian Sea but many other areas of the world. Due to the increasing of the piracy all over the world, the danger in maritime transport has increased. Piracy in the Arabian Sea imposes direct costs of the immediate victims of attacks- the crews, the ships and their cargoes, and the shipping companies. Merchant seamen may be injured or killed; ships and cargoes stolen, and higher insurance rates and operating costs borne by companies. The root causes of piracy in the Arabian Sea on the coast of Somalia could be attributed to lack of a central government, unemployed, organized crime and terrorism. Assisting Somalia to rebuild its central government and re-establish the rule of law could help prevent and combat piracy.

REFERENCES:

Abhyankar, J. (2002), ‘Piracy and maritime violence: A continuing threat to maritime industry’, International Chamber of commerce (ICC), International Maritime Bureau.

BIMCO, (2008a), ‘Piracy guide: tips on avoiding piracy, robbery and theft’, BIMCO Bulletin, Vol. 103, No. 1, 44-70.Bone, J. (2008), ‘Piracy costs maritime industry US $16bn+,’ Marine business news J. (2005), Lack of sea recruits will

cause future problems, Lloyd ListChew, F. (2005), Piracy, maritime terrorism and regional interests, Geddes papers as a collection of essays by members

of the Australian Command and Staff College.Dillon, D. (2005), Maritime piracy: Defining the problem, SAIS Review, Vol. 25, No 1,155-164Donna, N. (2008), State failure and the re-emergence of maritime piracy in Africa, Hilton San Francisco, USAFrank, J. (2008b), ‘Somali pirates strike deeper on the high seas’, Lloyd ListGrissim, J. (1997), ‘Pirates, a growing threat with attacks worldwide showing a sharp Increase’, Marine Watch, Vol.

2, No. 1, 76-80Hand, M. (2007c), Piracy alert wrangle fuels loss of life fears, Lloyd ListMeade, R. (2008), ‘Pirates now well funded and better equipped’, Lloyd ListMednikarov, B. (2006), ‘Terrorism on the sea, piracy and maritime security’, An International Journal, Vol. 19,

102-114Petretto, K. (2008), ‘Weak states off-shore- piracy in modern times’, German Institute for International and Security affairs.Pinto, A. (2005), ‘Counting the costs of seaborne security’, Lloyd ListRodrigue, J.P. (2003), ‘Maritime Routes and Strategic Straits, Passages and Chokepoints’, Department of

Economics & Geography, Hofstra University, (N.Y.)Sharidan, M.A. (2008), Piracy attack will result in extra costs for shippers, The StarTalley, W. K. (2005), Piracy in shipping, Old Dominion University Norfolk , VirginiaWallis, K. (2008), “Pirates attacking vessels further off Somali coast”. Lloyd ListZou, K. (2005), ‘Seeking effectiveness for the crackdown of piracy at sea’, Journal of International Affairs Vol. 59,

Issue 1, pp. 117-126.

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RESERVATION AND THE POLITICAL UPLIFTMENT OF MUSLIMS IN POST-

INDEPENDENCE BIHARMd. Haider Ali*

ABSTRACT: As early as the 19th century, Monstuart Elphinstone, a British administrator, put it on record that special measures were required to uplift the backward sections of the Muslim community. Studies conducted by the British administration led to the passage of a Government of India Act in 1935 offering Dalit Muslims reservation with Dalit Hindus.1

The neglect of socio-economic dimensions of Muslim community was indeed a major failure of Muslim leadership in the country. In 1955, Kaka Kalelkar Commission’s Report of Backward Classes had for the first time recognised the Muslim OBCs at par with the Hindu counterparts. The Report presented a list of 2399 castes and communities considered backward, 837 of these were considered most backward requiring special attention. Thus the category, backward classes was further bifurcated into two categories- the backwards and the most backwards. The list included not only backward groups from amongst the Hindus, but also non-Hindus, including Muslims as well. The Commission’s Report was the first instance wherein the presence of backward communities among Muslims (and other religious minorities) received recognition in official parlance. The caste basis did not find approval from the chairperson of the commission and one of the reasons cited was the assumed castelessness of Muslims and Christians: “My eyes were however open to the dangers of the suggesting remedies on the caste basis when I discovered that it is going to have a most unhealthy effect on the Muslim and Christian sections of the nation.” 2

Abdul Qaiyum Ansari (1905-1974)3 was one of the eleven members of the Kaka Kalelkar Commission and the president of the All India Backward Muslim Federation for 1952.4 The working committee of All India Momin Conference, held in June 1966 in Patna, had appealed to the government to draw up a comprehensive scheme towards bringing the backward Muslims at par with other citizens, for the backward of a sizable population, it pointed out, did not confirm with the prestige of the country.5

When the Bihar State Momin Conference negotiated for the Momins to be moved from the Other Backward Class (Annexure II) to the Most Backward Class (Annexure I) category, the argument was not merely of backwardness but the claim that they comprised more than half the entire Muslim population not in Bihar but in India. The demand was accepted in 1984.6

A similar moved by the Bihar Jamiatur Rayeen7 to move from Annexure II to Annexure I has been more uphill. Comprising 26 per cent of the Bihari Muslim population, just two less than the Momins the Jamiyatur Rayeen attributes its Annexure immobility to discrimination by the Congress on account of its association with opposition.8 On 133 September 1977 the Janata government decided that scholarships in educational and technical institutions, available to communities classified in Annexure I, would be extended to all Muslim Other Backward classes.9

The Karpoori formula as it is popularly called allows for the bifurcation of the category backward classes into its advanced section, the Other Backward Classes (OBCs) and relatively

*Assistant Professor, Kalindi College, DU

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more deprived, the Most Backward Classes (MBCs). The first major effort to understand the plight of backward classes in Bihar was undertaken when the Mungeri Lal Commission was constituted in 1971. In its report (1975), the Commission recommended the bifurcation of the backward classes into Other Backward Classes (OBCs) and Most Backward Classes (MBCs). The OBC list contained 128 castes and the MBC list had 93 castes groups. The Karpoori Thakur government in 1978 accepted the classification made by the Mungeri Lal Commission. For the purposes of recruitments to jobs, 8% was set aside for the OBCs, 12 % for the MBCs, 14% for the SCs, 10% for the STs, 3% for the women and another 3% for the economically backward. After the carving out of Jharkhand from Bihar, the above scheme was slightly amended. The ST quota was reduced to one %, the SC quota was now fixed at 15%, 135 for OBCs, 18% for the MBCs and 3% for backward caste women. Muslim caste groups, depending on their level of backwardness, have been included either in the OBC or in the MBC list. While 9 Muslim groups are in the state’s OBC list, 27 of them form part of the MBC list.10

The Karpoori Thakur formula listed working class among Muslims who are now formally listed as backward and extremely backward, provided to them not on the basis of religion but according to their occupation. If the Tanti’s or Hindu weavers were in the OBC list so were the Julahas or Muslim weavers. Similarly, Rayeen or vegetable growers were listed along with the Hindu Koeris. Likewise, Barbers, Butchers, Washer Men, Bhangi were all included in the OBC or EBC lists regardless of religion.11

The second All India Backward Classes Commission, the Mandal Commission, submitted its report in 1980. The Commission evolved eleven indicators, a mix of caste and class features, for assessing social and educational backwardness. The Commission saw castes as the building bricks of Hindu social structure that despite the Constitutional commitment to establish a casteless and egalitarian society had continued to persist. It arrived an exhaustive list of 3743 castes that were declared as backward. The Commission, in principle, accepted that occurrence of caste or caste like feature was not restricted to the Hindu society, its influence was also found among non-Hindu groups, Muslims, Sikhs and Christians. Based on the data provided by 1931 since and field survey conducted at the instance of the commission, at least 82 different social groups among Muslims were declared OBCs. The Commission however desisted from employing caste as a criterion to identity non- Hindu OBCs as these religions are (were) totally egalitarian in their outlook.12

The Commission, however, refrained from invoking poverty too as the sole criterion. The rough and ready criteria that the Commission evolved had two conditions: (a) All untouchables converted to any non-Hindu religion. In the Muslim case, they are the Arzals.(b) Such occupational communities which are known by their name of their traditional hereditary occupation and whose Hindu counterparts have been included in the list of Hindu OBCs. Among Muslims, this comprises the Ajlaf category.

By clubbing the Arzals and the Ajlafs among Muslims in an all-encompassing OBC category, the Mandal Commission overlooked the disparity in the nature of deprivations that they faced. Being at bottom of the social hierarchy, the Arzals are the worst off and need to be handled separately. It would be most appropriate if they were absorbed in the SC list, or at least in a separate category, Most Backward Classes (MBCs) carved out of the OBCs.13

The Muslim OBCs raised their voices for application of the recommendations on the ground of social justice and challenging the Muslim leaders on their political stand. They argued that the entire orientation of Muslim politics in contemporary India is towards the higher class Ashrafs and Ajlafs who used the backward class Muslims for their political goals. It is for this reason Muslim politicians take up abstract and emotional issues rather than issues of poverty, illiteracy, and overall backwardness of the Muslim community. In their opinion, Muslim leader acknowledged that Muslims in India are far more educationally and economically backward than others and yet nothing is ever done to focus on this backwardness. Indira Gandhi had appointed a high power Gopal Singh Commission to look into the problems of Muslims. However, the Muslim leaders never bothered to look at the Gopal Singh report14; instead, they spent much time on emotional issues. Another Prime Minister Rajiv Gandhi formulated a 20-point programme for the upliftment of the Muslims, but no Muslim leader paid much attention to it. If the Muslim leaders had taken these issues seriously and applied political pressure,

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the government would have been forced to implement them for the benefit of Muslims. The Muslim leaders indifference is usually explained by the fact that these programmes would benefit only for the backward classes of the society. This may be considered as partially true, but there are also the other factors, viz., minority syndrome, fear psychosis, and communal tension under majority-minority relationship of the country. The rise of OBC Muslims has radical repercussion in Muslim politics, as they constituted the majority within the Muslim minority population of the country. The Muslim politics gradually has become more grass roots and issue oriented. This basic shift in Muslim politics may be examined on the basis of movements or the emerging Muslim OBC organisations in the country.15

In the same way, on 9 March 2005, the PMO (Prime Minister Office) had issued the notification for constitution of the High Level Committee16(Sachar Committee) for preparation of Report on the Social, Economic, and Educational Status of the Muslim Community of India. The committee was to consolidate, collate, and analyse the above information to identify areas of intervention by the Government of relevant issues relating to the social, economic, and educational status of the Muslim community.17 It was constituted by the Manmohan Singh government, and the publication of its report in November 2006 represents, on the face of it, a continuation of the debate on the community. Even so, on account of a variety of factors, the work of the Sachar Committee and its report have greater significance and relevance than earlier initiatives.18

Unlike Hindu OBCs, who continue their struggle against the forward castes domination,19 the Pasmandah Muslims struggle against the Ashrafs of the community is a 1990s phenomenon. Although these lower and middle castes got enlisted by the state government in the Most Backward Caste/OBC lists, first in 1951 and then in 1978 for preferential treatment20 it is only after the implementation of the Mandal Commission that the backward caste Muslims began to organise themselves in a real sense. The All India Muslim OBC (Other Backward Classes) Sangathan, taking a pioneering step, organised its first national convention in Delhi on 29 August 1996. This Convention was for the first time able to rope in Muslims having similar socio-economic status based on caste. The Julaha of Uttar Pradesh, Bakho of Bihar, Ghanchi of Gujarat, Dhunia of West Bengal, and Barber of Andhra Pradesh have shown similar interests.

“The meeting successfully ended with the demands that include, predictably, extension of Mandal Commission Recommendations to all Muslim OBCs, more scholarship, etc.; and less predictably, land reforms, funding for small entrepreneurs and restoration of concessions to Scheduled Caste i.e., non-OBC Muslims which were withdrawn in 1950”.21

In states like Bihar where caste has been involved in every sphere of life, the self-realisation of their vast strength between OBC and Dalit Muslims quickly began to organise them.

In Bihar, to raise the consciousness of backward Muslims and unite them to fight for their rights, many organisations came into existence. Dr. Ejaz Ali set up the All India Backward Muslim Morcha (AIBMM) in 1994 in Patna.22 The importance of the Backward Muslim Morcha lies in the context of the lower caste Muslims extreme poverty and the continuous assault of privatisation, which was turning these destitute masses into daily wage labourers, manual excavators, artisans, and petty peasants. The AIBMM coined the term Dalit Muslims for the descendants of the indigenous converted population belonging to lower castes.23 The foremost priority for the All India Backward Muslim Morcha is to get recognition from the Indian state for the over 100 million Dalit Muslims as Scheduled Castes so that they can avail of the same benefits that the Hindu, Sikh and Buddhist Scheduled Castes enjoy, including reserved government jobs, reserved seats in state legislatures and in the Indian Parliament, special courts to try cases of atrocities against them as well as social and economic development programmes meant especially for them.24

Another organisation, which transforms the cause and concern of Pasmandah and Dalit

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Muslims into a movement, is the Pasmandah Muslim Mahaz (PMM) organised by Ali Anwar25 in 1998. The Pasmandah Muslim Mahaz like the AIBMM is an umbrella organisation of a number of Dalit and Backward Caste Muslim organisations from different states of India, particularly Bihar, Uttar Pradesh, Jharkhand, West Bengal and Delhi. The Mahaz since its existence in 1998 has been pressing the demand that the state should include Dalit Muslims and Dalit Christians in the scheduled castes list. In this regard, Sachar Committee also drew attention:

While the Asharafs and the Ajlafs occupy the highest and the middle positions in the Muslim social structure, The Arzals are the lowest comprising of those having similar traditional occupation as their Hindu counterparts in the list of Schedule Caste. It is widely believed that these communities are converts from the untouchables among Hindus---

Their exclusion from the SC list dates back to 1936 when the Imperial (Scheduled caste) Order rejected Sc status to Christians and Bhuddhists of similar origins. Depressed classes among the Muslims such as Halalkhors were included in the list but were barred from availing the benefits. This colonial decree remained the basis on which thw government of Independent India, through the Constitutional (Scheduled caste) Order, 1950, has denied them the status in accordance with the deprivations that they face. The order, however, has been amended twice; once in 1956 to include the SCs among the Sikhs and later in 1990 to include the neo-Bhuddists. Thus practically only the Muslims and Christians of such origins continue to be denied the status. As a result, such Muslim groups namely, Gadheris, Gorkuns, Mehtars or Halakhors, Muslim Dhobis, Bakhos, Nats, Pamarias, Lalbegis and others remain impoverished and marganalized. Their inclusion in the OBC list has failed to make any impact as they are clubbed with the more advanced middle castes.26

However, Muslims and Christians are still excluded from it. So, Ali Anwar argued that Dalit Muslims and Dalit Christians should be included in the list of scheduled castes. To realise the aim, the Pasmandah Muslim Mahaz participated in several peoples struggles through staging demonstrations, presenting memorandums, and bringing out publications. These organisations (AIBMM and PMM) received a positive response from the Muslim masses and were able to generate pressure on the Bihar government to provide SC status to Dalit Muslims. Responding to the raised demand, in July 2000, the Legislative Assembly of Bihar passed a resolution, which has been sent to the President of India for approval. The movement continued to awaken the ignorant masses through seminars, meetings, and rallies in each district and talks of Bihar. Decal Society has made attempt in this direction by organising a seminar in association with the Heinrich Boll Foundation, titled Marginalization of Dalit Muslims with Special Reference to Democracy, Identity, and livelihood. Organised on 14 July 2002 in Patna, the entire seminar strove to reflect the fact that the Dalit Muslims were a separate class within the Muslim society, and attempted to fore ground various aspects of Muslim society vis-à-vis the Dalit class as no less significant. On 20 March 2004, the PMM organised the ‘Pasmandah Jagao Mulk Bachao’ rally in Patna, which was also attended by national and international social activists.27

The organisational effort for the first time in post-independent India stirred the psychological bondage of Dalit and OBC Muslims. They began to speak against the reactionary politics of Ashraf Muslim leaders and started demanding their long delayed rights from the state.28

It reflects the aspirations of millions of underprivileged Indian Muslims, who have been prevented from getting the help of the government that other Dalits get under Article 341 of the Constitution. As the Assembly elections approached, the Muslim vote became a major concern for all the political parties to form the government. On the other hand, the backward and Dalit Muslims

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as a conscious mass (both politically and socially) were ready to take on the forward castes politics. This election was a test for the Pasmandah Muslim movement in Bihar. ‘Vote hamara fatwa tuatara, Nai chalega’ (your dictate on our vote will not work) and ‘jo Pasmandah ki baat karega, wahi Bihar pe raaj karega’ (those who concede the demand of Pasmandah will rule Bihar) and other political slogans reflected the mood of the poor masses. Just before the election, the Pasmandah Muslim Mahaz along with the Bihar Momin Welfare Society called a meeting on 23 July 2005, in Shri Krishna Memorial Hall on the issue of ‘reservation for Dalit Muslims’. Both Laloo Prasad Yadav and Nitish Kumar attended that meeting. On 8 October 2005, in a joint statement by the representatives of the Bihar Momin Welfare Society (Danapur), All India Momin Welfare Oraganisation (Hajipur), Momin Ekta Munch (Momin Unity Forum, Aara), Bihar Pradesh Momin Youth Majlis (Patna), A.Q. Ansari Memorial Committee (Patna), and All India Pasmandah Muslim Mahaz (Biharunit), it was mentioned that during the fifteen years of rule, Laloo Prasad Yadav had done nothing for the poor Muslims, and thus announced the need to defeat the RJD in the upcoming election.29 According to these pressure groups, after the defeat of the Congress, Laloo Prasad Yadav took over power in 1990 to carry forward his politics on the notion of social justice and secularism for Dalits, OBCs, and Muslims, respectively. However, nothing substantial was delivered by his government for the backward Muslims. Laloo Prasad Yadav in the name of M-Y (Muslim-Yadav) alliance has promoted the FM-Y (Forward Muslim-Yadav) alliance, where Ashraf Muslims cornered major benefits in the name of the community. Similarly, appointment to government posts like teachers, posts in the police department and in minority institutions were allotted to the Ashraf. In turn, Laloo received blessings from religious leaders belonging to the upper castes for his electoral victory.30 Therefore, a large junk of the lower caste Muslim shifted towards Nitish Kumar led Janata Dal (U) in Legislative Assembly election 2005 and 2010 as well.

In conclusion, it has been argued that the backward/lower caste Muslims are asserting themselves in the social as well as political spheres. By clubbing the Arzals and the Ajlafs among Muslims in an all-encompassing OBC category, the Mungeri Lal Commission and the Mandal Commission overlooked the disparity in the nature of deprivations that they faced. Being at the bottom of the social hierarchy, the Arzals are the worst off and need to be handled separately. It would be most appropriate if they were absorbed in the SC list, or at least in a separate category - Most Backward Classes (MBCs) carved out of the OBCs.

(Endnotes)

1 Venkitesh Ramakrishnan, ‘Community On The Margins’, The Frontline, Volume 23 - Issue 24, Dec. 02-15, 2006, P.1.

2 Cited in Report of the Backward Classes Commission (B.P.Mandal, Chairman), Government of India Press, New Delhi, 1980, Vol.I, p.3.

3 Abdul Qaiyum Ansari born at Dehri, Shahabad district, He served the Indian national Congress. He wholeheartedly opposed the separatist tendency of Muslim League, opposed the formation of Pakistan, and fought against the Muslim League within the Momin Conference as well as outside it. Abdul Qaiyum’s great contribution lies in organizing and promoting the educational and economic status of the Momins. He gave leadership to Momin Conference in the capacity of its chairman till his death-1974. It was he who got Momins included in Most Backward Caste (Annexure II) which entitled them to enjoy all the facilities given to backward caste. See, S.P. Sen (ed.), Dictionary of National Biography, Institute of Historical Studies, Calcutta, 1972, Vol.I, p.64.

4 Report of the Backward Classes Commission (B.P.Mandal, Chairman), Vol. II. Part 1, p.67.5 Hasan Nishat Ansari, The Momin- Congress Relation (A Socio-Historical Analysis), Bihar Momin Intellectual’s

Forum, Patna, 1989, p.28.6 Government of Bihar, Dept. of Personnel and Administrative Reform, Resolution No. 11/S, 1-105/84, 14 November

1984 for the enlistment. The resolution justifies the change in the light of having received several representations to the effect.

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7 Significantly, the Rayeens as also the Mansoors had not been keen during the 1940s to be part of a collective together with the Idrisis and Quraishes that the Momin Conference had tried to float.

8 The reference is to Ghulam Sarwar being active in JP Movement. Also, see the BJR representation to Laloo Yadav, February (n.d.) 1991. Ye Poori Abadi Vipaksh Ke Khemay Mein Rahi Hai. Cited by Papiya Ghosh, ‘Partitios Biharis’, in Papiya Ghosh (ed.), Community and Nation: Essays on Identity and Politics in Eastern India, Oxford University Press, New Delhi, 2008, p.165.

9 Papiya Ghosh, ‘Partitions Biharis’, p. 153.10 Cited in Social, Economic, and Educational Status of the Muslim Community of India: A Report (Sachar Committee

Report), p. 198.11 Mungeri Lal Commission Report, Government of Bihar, Patna, 1975.12 Report of the Backward Classes Commission (B.P.Mandal, Chairman) Vol. II, Government of India Press, New

Delhi, 1980, p.55.13 Cited in Social, Economic and Educational Status of the Muslim Community of India; A Report (Sachar Committee

Report), p.195.14 Prime Minister Indira Gandhi constituted a ten-member High Power Panel on minorities, headed by Dr. Gopal

Singh. its report submitted on June 14, 1983, the Dr. Gopal Singh Committee maintained that there was a “sense of discrimination prevailing among the minorities “and that it “must be eliminated, root and branch” if we want the minorities to form an effective part of the mainstream”.

15 Report of the Backward Classes Commission (K.Kalelkar, Chairman) Vol. III, Government of India Press, Shimla, 1955. See, Also, Report of the Second Backward Classes Commission (B.P.Mandal, Chairman), Part 2, Vol.VII, Government of India Press, New Delhi, 1980.

16 It was seven members High Level Committee; The Committee had the following composition: Justice Rajendra Sachar-Chairman, Saiyed Hamid- Member, Dr.T.K.Ooman- Member, M.A. Basith-member, Dr. Rakesh Basant- Member, Dr. Akhtar Majeed- Member, Dr. Abu Saleh Shariff- Member Secretary.

17 Social, Economic and Educational Status of the Muslim Community of India: A Report (Sachar Committee Report), p. iii.

18 Venkitesh Ramakrishnan, ‘Community on the Margins’, The Frontline, Volume 23 - Issue 24, Dec. 02-15, 2006. P.2

19 Hindu OBCs had their fight against the forward caste prior to Independence through different caste forums. Yadavs, Kurmis, and Kooris of North India formed the Triveni Sangh in the 1930s to challenge the forward caste’s political domination. The Sangh also contested municipal election during 1930s.

20 In the year 1951, through an order, the government gave some facilities and seats in educational institutions to some 79 Most Backward Castes and 30 Backward Castes, which included lower and middle Muslim castes. With the coming of Karpoori Thakur a backward as state CM through a Government order. in November 1978, he implemented the Mungeri Lal Commission recommendations. For the purpose of recruitment to jobs, 8 per cent and 12 per cent seats were reserved for the OBCs and MBC, respectively.

21 Bidwai, Praful , ‘Age of Empowerment: Muslim OBCs Discover Mandal’, Times of India, 12 September 1996.22 Manjur Ali, ‘Politics of ‘Pasmandah Muslims: A Case Study of Bihar’ History and Sociology of South Asia,

Vol. IV, No. 2, 2010, p. 138.23 Yoginder Sikand interviews Dr. Ejaz Ali, ‘Dalit Muslim’, Outlook (weekly general), June 20, 2002.24 Yoginder Sikand,. Islam, Caste and Dalit-Muslim Relations in India Global Media Publication, New Delhi

2004,p. 52.25 A well-known Hindi journalist; he is the author of Masawat ki Jang (2001) (The struggle for equality) and Dalit

Musalman (2004) (Dalit Muslims) and writes regularly on issues related to Backward Caste / Dalit Muslims, who form the majority of the Muslim population in India; see Ali Anwar, Masawat ki Jung, New Delhi, Vani Prakashan, 2001 and Ali Anwar, Dalit Musalman, New Delhi, Vani Prakashan, 2004.

26 Social, Economic and Educational Status of the Muslim Community of India; A Report (Sachar Committee Report), Government of India, New Delhi, 2006, pp.202-203.

27 Manjur Ali, pp. 139-140.28 Praful Bidwai, ‘Age of Empowerment Muslim OBCs Discover Mandal’, The Times of India, September 12,

1996.29 Manish K. Jha and Pushpendra, ‘Governing Caste and Managing Conflict - Bihar, 1990-2011’, Policies and

Practices, Vol. 48, Mahanirban Calcutta Research Group, Kolkata, March 2012, p.23.30 Purnima Tripathi, ‘Bihar on the Edge’, Frontline, October 21, 2005.

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CHANGING GEARS FROM PRODUCT TO PROCESS APPROACH TO WRITING.

Zeba Farooqi

ABSTRACTThis paper discusses the Cognitive Approach to Writing. The cognitive or the process approach to writing is entirely different from the traditional product approach which advocated passive learning. The process approach focused on the composing processes of writers as they accomplished a writing task. Generally, the writing process is seen as consisting of three stages- pre- writing, writing, and revising/and editing. These stages are overlapping as writers may use them in a non- linear manner. The process Approach: an IntroductionVivian Zamel (1976) was one of the proponents to introduce the notion of writing as a process to second language context. She emphasized that pedagogy rooted in the process writing would benefit the second language learners. The process approach to writing instruction has gained enormous support and popularity during the past two decades in the English academic community in many western universities. The process approach to writing recognizes writing as a complex process which extends itself in various ways facilitating preparations, drafting, revising, editing and planning in a non- linear recursive manner. The failure of the product approach in the teaching of writing both to native English speakers and to ESL students lead to the birth of new, comprehensive, learner-centered approach to teaching writing i.e. the process approach. Unlike the product approach, which restricted students’ freedom in actively participating in the learning process, the process approach liberated the learners in becoming autonomous and taking charge of their own work, making them the owners and creators of their writing rather than mere passive recipients in the writing classroom.DIFFERENCE BETWEEN PRODUCT AND PROCESS APPROACHESMany features distinguished both approaches to teaching writing. The product approach which preceded the process approach unduly over emphasized the mastery of grammatical and syntactical structures and advocated imitating models. In doing so, it overemphasized “correctness” and form of the finished product. Moreover, neglecting audiences as an important element, it diminishes writing as a purposeless activity which can be carried out through repetition and imitation. Rooted in behaviorist theory of learning, writing was viewed as a habit- formation activity not going beyond sentence and paragraph level. Form was more important than content and errors were discouraged. Richards and Rogers (1986: 50) states that “good habits are formed by giving a correct response rather than making mistakes”. Pincas (1962: 185-86) informed that “The learner is not allowed to ‘create’ in the target language at all… [T]he use of language is the manipulation of fixed patterns; those patterns are learned by imitation; and … not until they have been learned can originality occur…” Students accordingly were not meaningfully involved in the writing endeavor and as Silva (1990: 13) explains that the act of writing was reduced as “an exercise in habit formation” resulting in “mindless copies of a particular organizational plan or style” (Eschholz,1980: 24). Product- oriented approach to writing instruction strongly advocates the use of a model approach in writing classrooms. Mindless, repetitive mimicking

Department of English, Aligarh Muslim University, Aligarh.

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of these models leaves the students powerless and paralyses them. White (1988)1 defines these models as “too long and too remote from student (writers’) own writing problems.” Ignoring the process, the finished product gets priority. Moreover, style is sacrificed over form of the written product. Eschholz (1980: 24) puts it in this way “By studying forms and organizational patterns first students come to see form as a mould into which content is somehow poured… Students have no commitment to what they are writing, and care only for how they write it.” Flower and Hayes (1977) were dissatisfied with the modeling as a problem- solving technique and asserted that “… we help our students analyze the product, but we leave the process of writing up to inspiration”. Eschholz (1980) viewed model based approach as to be “stullifying and inhibiting rather than empowering and liberating”. Watson (1982: 9) further adds that the classic ‘product approach’ to writing involved students more or less copying or manipulating the model in various ways: turning declaratives into interrogatives, for example. As a result, not only is the language produced patently inauthentic, but ‘the risk of boredom is great’. The teacher dictates much of the classroom activities and is the sole authority correcting students’ work. There is no flexibility in the way students worked. Johns (1997: 7) gives the portrait of such a classroom where “the learner is a passive recipient of expert knowledge and direction. Not surprisingly, the role of the teacher is that of expert and authority, the person who directs all students learning for traditional theories, language and textual forms are central”. In sharp contrast, process oriented approach views writing as a thinking activity which involves writers making choices and decisions reflecting on the ownership of their work. Thinking is central to learning to write. In fact, writing and thinking are inter woven. Writing is a non- linear, recursive, developmental process that engages the writer in creating meaning. The process approach to writing gives writers the autonomy to make choices as they write and focuses upon the awareness of what writers actually do. Unlike its precedent which overly concerns itself with the mechanical aspects of writing, this approach requires writers to think of such elements as purpose, audience, experience, meaning, voice in making informed choices and sound decisions in communicating. Fluency, creation of meaning, expression of thought, and communication are important concerns of this approach to teaching pedagogy. Therefore, what is written is more important than how it is written. Writing is a purposeful activity during which ideas are developed and formulated in writing. Writing as a process involves many fluid and overlapping stages like pre- writing, rewriting, revising and publishing. The writer not only writes meaningfully but also organizes his ideas into coherent and logical forms. Writing is not isolated from other communication skills but integrates itself with speaking, listening, and reading. The process approach empowers its students by involving them into whole writing process from start to end. The activities associated with such an approach like group discussion, peer- editing, brain storming, clustering, etc. requires students to actively participate in the composition classroom. Errors are tolerated or ignored and students are not penalized for the mistakes that they commit as they learn to write. Errors are not seen as hindrance to learning but they point out the efforts the students make in learning to write along with informing teachers with the areas of weaknesses that they need to focus. Accordingly, with such change in attitude and practices, teachers’ role also transforms from being an authoritative figure to a guide facilitating the writing process for the student- writers providing them timely and formative feedback during the process of each students’ composition. The teacher not only corrects and rates the students finished products but also becomes a concerned reader assisting, conferencing and interviewing students each time they find something difficult. The teachers positively respond to students’ work in the form of marginal and end comments. The process approach to writing provides positive environment in which students collaborate and cooperate willingly. In this way, writing becomes much of an interaction and builds on a positive attitude in students. Flower and Hayes (1981: 366) states that writing is best understood as “a set of distinctive thinking process which writers organize or orchestrate during the act of writing.” Importantly, the students are taught to write for an audience: who is he writing for? What is important for the reader to know? The students are free to choose their own topics and genre, bring in their own 1

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experiences and observations in the writing assignments. The EAP literature advocates the application of the process approach owing to its recursiveness and cyclical nature that the writers employ as they compose in which writers constantly plan (pre-write), and revise (re- write) while they write. Planning being a distinct thinking process is used by the writer over and over again during composition. After planning, ‘good writers’, according to White (1988), write their first draft without worrying about detail and accuracy. After the first draft is written, students read it for fluency and meaning before rewriting their papers. Therefore, research has changed its gears and focuses more on process than on product, more on composing than on composition. The process approach emphasizes the cognitive processes that writers employ as they compose a text. Two different trends emerged within the process movement, each trend defining the process in its own way: the expressivist and the cognitivist (Faigley, 1986). The expressivist view writing as a personal endeavor in which the writer freely expresses his/her feeling without worrying about the form. For the cognitivist, writing is a refined skill which is acquired in the later stages of the process of learning. It concerns itself with the study and investigation of the mental operations that writers make use of in order to generate, express and refine ideas for the text production. Second language learners are very different than native English speakers. To begin with, they already have their mother tongue at their disposal. They come from different educational backgrounds, social classes, speak different languages, have different literacy skills in their first language, and have varied contact with and exposure to English etc. Characteristically, the process approach is ideally suited to the second language learner as it integrates other important skills with it and accommodates a number of variables in it making it a dynamic teaching pedagogy. Stages in Writing ProcessThere are three stages to process writing which the writer may use in a non-linear manner:STAGE 1: PrewritingPre- writing stage is the most important stage in which the writer draws a rough plan on which he shapes his draft. Most of the ideas are created, discovered, and developed in the pre- writing stage. The teacher assists the students in collecting all the prior memories, experiences, observations, and interactions that can help him to identify, develop ideas and ease his thinking process. The teacher may assist students to free write or to discuss in groups or may give students some brainstorming exercises to motivate them and trigger their thinking. Ideas keep flowing into the writers’ mind.Pre Writing TechniquesA number of techniques and ways correspond to each stage to nurture the writing skills in students and develop them as good writers. Below are mentioned some of the pre writing techniques for thinking and planning activities.Free writingFree writing is a great technique to generate ideas without stopping to correct mistakes or errors. Here, the writer is in the state of “stream of consciousness” and his sole purpose is to write for himself without being concerned with any other thing. Free writing as defined by Tucker and Costello (1985) is “non- stop writing” that “can be compared to warm up exercises athletes do before a competition” and that free writing’s “purpose is to loosen up the muscles of your brain, while encouraging you to relax and to see that writing is a process that includes many stages”. Chastain (1988: 24) points out that “the goal of free writing is to write. The writer should entirely concentrate on the creative process. He should not even consider criticizing what he is saying because criticism hinders the flow of ideas and results in hesitation and blockage of ideas. Free writing stimulates the flow of thought and encourages it to continue uninterrupted”. Elbow (1981: 13) appreciating free writing mentions that “free writing is the best way to learn… to separate the producing process from the revision process” and further elaborates that “free writing is the easiest way to get words on paper”, where the writer writes for five to ten minutes.

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BrainstormingTeacher assists students to brain storm as many ideas as possible within a short time period. Unlike free writing, this is personal and meant for the writer himself/ herself, the teacher brainstorms with students to generate quality and creative ideas using which the writer writes his/ her draft. Raimes (1983: 10) informs that “Brainstorming can be done out aloud in a class or a group, or individually on a paper”. Messenger and Taylor (1989: 29) add that “Even just two or three people bouncing ideas off one another can generate an astonishing amount of material in short time”. The teacher stimulates students’ thinking using some leading questions about the concerned topic. Like free writing it is an apt technique to keep ideas flowing without being concerned about organization or grammar. Not only does it ease idea development but also breakdown mental blocks and barriers to thinking resulting in some really useful chain of ideas woven by each student participant. In this way, students collaborate as they write and writing becomes a thinking activity granting ownership to each student and making writing a joint venture. Brain storming can take many forms:BubblingA great technique for visual learners in which a word or a phrase is picked from the topic and ideas are generated. The teacher puts the phrase in a circle and soon related ideas began to generate. For example, the topic “Harmful effects of video games” can be explored using the technique of bubbling.

Soon, multiple circles are drawn containing varied ideas produced during the discussion radiating from the main circle.

Figure 1: Bubbling diagram on the topic “Harmful effects of video games.”And so on. Not only helpful for generating ideas, bubble “maps” helps in organizing ideas as well, because things that should be linked together in the paper will be linked on the bubble map.ClusteringVery similar to bubbling, Pica (1986: 17) defines clustering as “non- linear brain storming process that generate ideas, images and feelings around a stimulus word until a pattern becomes discernible”. The main idea is written on the centre of the page and the associated ideas are arranged around the first word.LoopingLooping is another great technique which student writer uses to generate ideas and resembles much free writing. Like free writing, the student- writer rapidly and freely writes on a given or chosen topic for five to ten minutes ignoring grammaticality or accuracy. After authentic free writing, he/she reads the finished product, underlining important points in his/her writing. After the main or controlling statement is derived, student- writer repeats the same process- this time

Harmful Effects of Video Games

of Video GamesVideo Games

Wastage of timeHarmful for eyes and

healthMakes children lazy

and dull

Leads to addiction of more games

Harmful Effects of

Video Games

Violent and destructive themes

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expanding the new concise controlling statement. Following the similar process, many loops can be formed resulting in new important controlling ideas and its elaborations. Spack (1984: 656) defines loop writing as an “invention technique” in which the writer abides by “a non-stop writing in the absence of self censorship”.STAGE 2: DraftingAfter the students have generated sufficient ideas in the pre-writing stage, they set to write their draft using some of the ideas, languages and structures generated during the pre- writing activities. The first draft does not necessarily need to be perfect and that its’ purpose is to get words on paper without worrying much about form. Spellings and grammatical accuracy are not paid much attention. Students may add or delete a certain sentence or idea, refine or modify the existing ones or they may stop to change the order of their main support or rearrange their ideas in a new way. However, the writing process being recursive, student-writers may explore and discover new ideas- thus re- engaging in pre- writing. The focus of the drafting stage is to concentrate on meaning. Organization or mechanics are taken care of once the meaning or content are clear. The writer checks to see whether the ideas are coherent, all the necessary details have been included, the major point is efficiently supported by the minor ones etc. Hence, the first draft is not the final draft and this takes us to the third stage of the writing process.STAGE 3: Revising/ editing and proof readingAfter writing the first draft, the writer reads it for revision, proof reading and editing. This stage is primarily devoted to check the quality of the finished product. In other words, the form of the finished product is focused and formal accuracy, organization, and mechanics are the areas that are dealt with. Teachers help students with revision and proof reading and may also give organizational advice.There is a difference between revision and editing. Whereas revision is done at the level of ideas to see “what you write”, proof reading, on the other hand, confirms the grammatical accuracy, i.e., “how you write”. Students edit/ revise for ideas, content, logical unity, coherence and organization, introductory and ending sentences. Students proof read for spelling, punctuation, capitalization, lack of parallelism, flaws in the style (formal/ informal), structure and grammar mistakes etc. Students may exchange their drafts with that of their peers. Students should be provided with a self- assessment checklist on which they can read and analyze their written work. ConclusionIn conclusion, the cognitive approach to writing stresses the recursive and cyclical nature of composing in arriving at a finished product. The process approach is ideally suited to the second language learners in mastering the skills of writing in a target language. Techniques such as brain storming, group discussion, and peer review etc. empower the students and make the writing classroom a fun place where students and teachers collaborate as they learn to write.

REFERENCES

1. Chastain, K. (1988). Developing second language skills: Theory and practice. Prentice: Harcourt Brace Jovanovich Publishers.

2. Elbow, P. (1981). Writing with power: Techniques for mastering the writing process. New York: Oxford University Press.

3. Eschholaz, P. A. (1980). The prose models approach: Using products in the process. In T R Donovan and BWMc Clell (eds.) Eight approaches to teaching composition. Urbana: National Council of Teachers of English.

4. Flower, L. and Hayes J. R. (1977). Problem- Solving Strategies and the Writing Process. College English, 39 (4), pp. 449-464.

5. Flower, L. and J. R. Hayes (1981). A cognitive process theory of writing. College Composition and Communication, 32, pp. 365-387.

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6. Johns, A. (1997). Text, role, and context: Developing academic literacies. Cambridge: Cambridge University Press.

7. Messenger, W.E. & Taylor, P.A. (1989). Essentials of Writing. Prentice Hall. 8. Pica, T. (1986). An Interactional approach to the teaching of writing. English Teaching Forum, 24 (3),

pp. 6-10. 9. Pincas, A. (1962). Structural linguistics and systematic composition teaching to students of English as

a second language. Language Learning 12, pp. 185-194. 10. Raimes, A. (1983). Tradition and Revolution in ESL Teaching. TESOL Quarterly, 17, 535- 552. 11. Richards, J. and Rodgers, T. (1986). Approaches and methods in language teaching. Cambridge:

Cambridge University Press. 12. Silva, T. (1990). Second language composition instruction: Developments, issues, and directions in

ESL. In Kroll, B. (ed.). Second language writing: Research insights for the classroom. New York: Cambridge University Press.

13. Spack, R. (1984). Invention strategies and the ESL composition student. TESOL Quarterly, 18, pp. 649- 670.

14. Tucker, A. and Costello, J. (1985). The random house writing course for ESL students- New York: Random House.

15. Watson, C. B. (1982). The use and abuse of models in the ESL writing class. TESOL Quarterly, 16 (1): pp. 5-14.

16. White, R. V. (1988). Academic writing process and product, in Pauline C. Robinson, Academic Writing: Process and Product. ELT Document. 129, pp. 4-16.

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CONCEPT AND HISTORICAL BACKGROUND OF PANCHAYATI RAJ IN INDIA BEFORE

INDEPENDENCE

Firoj Ansari*

ABSTRACT: ‘Panchayati Raj is the product of modern democracy. It refers to a three tier structure of rural self- government in a district level, PanchayatSamiti at the block level, village panchayat at the village level. Historically, it has evolved out of Community Development Programme (CDP) introduced in 1952. In the olden days every village community in India maintained some type of panchayats which were known as ‘sabha’or ‘samiti’ and consisted of the village elders who were responsible for overall judicial, legislative and revenue work of the area. This paper deals with the Panchayati Raj in India before independence. it also concern about the concept of panchayati raj .in this paper we also mentioned about the panchayati raj during the different period like ancient period, Muslim period, and British period. In this paper we have tried to explain the importance, and function of the panchayati raj during ancient, Muslim and British period. Key word: Panchayati raj, Village Panchayat, India, CONCEPT OF PANCHAYATI RAJ: ‘Panchayati raj’ literally means the ‘rule of five ‘or ‘government of elders’ and elected by village people. The panchayat system is a precious heritage which has passed down to us from the ancient times. It represents the system, under which the innumerable village republics of were governed. The ‘village council ‘called the ‘panchayat’ is old as Indian history and is a part of Indian tradition.The powers of the old panchayats were limited; they were confined to those disputes which arose amongst the members of their castes. But the modern concept and function of panchayati raj are not the same as that of the ancient rural unit of local government.The term ‘panchayati raj’ is the product of modern democracy.It refers to a three tier structure of rural self- government in a district level, KshetraSamiti at the block level, village panchayat at the village level. Historically, it has evolved out of Community Development Programme(CDP)introduced in 1952.After independence it was thought that the majority of people living in village had not seen the light of modernization and enlighten if, they remained in slumber, India would certainly be in dermises and could not keep its freedom without the solid economy and politics, which in turn demands economics as well as social democracy, Keeping these things in mind Government made every effort to raise village community and villagers from the age old conservation through efficient social, cultural and economic programmes. The Indian people were familiar with the name of panchayats, therefore it was thought that they will hesitate to adopt the traditional but modified system of panchayatiraj,which aims at infusing amongst the village people a spirit of self- help, to bring about changes in attitudes and outlook among the facilities living in the country side , and an awareness for a change in the

*Research Scholar, Department of Political Science, AMU, Aligarh Email: [email protected]

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surroundings to ensure a better social, cultural and economical life in the ruralareas,This institution has to perform various function and undertake activities relating to almost all the spheresof village life and has assumed well- defined shape and is vested with jurisdiction clearly laid down by laws. Indeed, panchayati raj is the system of rural communities move or less self- sufficient in the matters of their basic needs. They are autonomous for all purpose including the administration of justice and are responsive for keeping peace in the locality as for as consistent with the unity of the state. If one look into the socio-economic history ofIndia during the past and even the present, one shall notice that if has been a country of village whose occupation has been mainly agriculture. In the olden days every village community in India maintained some type of panchayats which were known as ‘sabha’or ‘samiti’ and consisted of the village elders who wereresponsible for overall judicial, legislative and revenue work of the area. Although, ancient panchayat discharged multifarious functions affecting the life ofvillage community, they worked in relative isolation from the impact of social political changes outside. This body administered the affairs of the village and functioned as an advisory council to a village headman. It administered justice and peace, maintained local order by watch and ward, provided for sanitation, public works, such as construction and maintenance of buildings, roads tank wells and all other common amenities collected and distributed aims to the poor for finance, these villages common land. Thus, these villages were self-supporting units irrespective of the form of government at the centre. PANCHAYATI RAJ DURING ANCIENT PERIOD:In India the system of village panchayat is very old. In ancient times the village formed the basic unit of social and economic life in India. The social contacts were more intimate, personal and lasting. The people not only knew each other, but belong to each other. There was little social mobility, horizontal, vertical or geographical. People live and died in the class in which they were born, in the profession they which had inherited and in the area in which they had lived. Thus, the villages were self-sufficient and the standard of living was satisfactory. There was peace and the people were happy and were enjoying best of their lives. The institution of the panchayat is said to have guided and controlled of villages of India since time immoral. Some historians have maintained that panchayati raj was existed in India even before the migration of Aryans. At the time of invasion of Alexander the Great, these small panchayats were functioning quite efficiently. The system of panchayatiraj and decentralization which they manifested was present in India during Vedic and pre-Vedic periods.In the Vedic India which was pre-dominantly rural and agricultural there were many Vedic hymens praying for the prosperity of villages. It seems the village administration was existed in the early period. This contention can be supported by the frequent use of the word “Gramini” (senior person of Village) in Vedas, “Janpads” in Valmiki’s Ramayana. ‘Gramsanghs’ (village union) and ‘Gram Sabha’(village assemblies) after find important place in Mahabharata, Manusmiriti and even BudhistJatakas. Kautilya’sArtshastra and Shankracharya’sNistargive a lucid account of the working of rural communities based on the principles of autonomous self- governing. Kautilya was undoubtly a strong believer in an efficient and strongly centralized monarchy. But his famous book Arthshastra the only important sources of information reveal that the law which was promulgated commanded the active co-operation of the whole village. The villages were collectively responsible for the maintenance of law and order. They had their own customs and their tradition and violation was a cause of action for a civil suit. Any sort of intimidation, provocation and defamation of village were regarded as a crime. Besides, an exposition of the village institutions is found in shruties and smirities.Social organization in shape of ‘gana’ and ‘puja’ occupies an important place in Dharamshastra.The gram Vridhas were of chosen by an Assembly of village. The Mukhiya was the executive authority. During the Maurya’s period (322 to 185 B.C.)alsovillage panchayats were the key factor in the rural development of ancientIndia. Thus the system of self-rule in the shape of small and independent units came in India with the down of civilization.Thus during both period Vedic and pre-Vedic, most of the village in India were autonomous units different villages combined together and formed provincial units had a close and strong relationship. In times of emergency they formed into a strong united front

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to words off all types of danger. At that time, each village used to produce only what was necessary for its inhabitants and production was not made for export. In this way such villages was self-sufficient in its requirements and by and large there was contentment. From the most ancient time’svillage in India have been axis administration. Indeed, the village inancient India attained a decisive importance in the administrative machinery because of the close unity in which they were knit together by the panchayati institution and the keen interest taken by inhabitants regarding their rights and duties.In addition, Factors like high of justice, fairplay and efficiency at which the panchayats functioned as well as the confidence they commanded along with the zest they inspired among the village body were responsible for popularizing the panchayats in ancient India. PANCHAYATI RAJ DURING MUSLIM PERIOD:The conquest of Sindh was made by Mohammad Bin Qasim,as early as 712 A.D. and Subuktigin invaded the country in 991 A.D., and successive Muslim inventions, showed that they were nothing more than Pseudo-religious adventure, plundering with no intention what so ever to established a stable government some sort of a settled government into evidence from the time of Slave dynasty (1206-1290 A.D) and continued during the reigns of Khilji monarchs (1290-1321), the Tuglak dynasty (1321-1413), theLadhi dynasty (1451-1535 A.D.) and even onwards. Duringthis period settled government established in India, and elaborated administrative and judicial systems were set up for enhancing the efficiency of the government. The sultans had divided the Empire in Subhas,Sarkars and Praganas. Sher shah sub-divided into Mahals or Group of Village for revenue purposes. Thisarrangementhowever had no effect upon the indigenous rural judicial administration.Thepanchayats continued as before Sher Shah the pioneer of reforms established throughout his kingdom unprecedented security. He built his police system on the basic principles of local responsibility. The headman and Muqaddams, for instance, of a village were held responsible for the safety of the area within their village. If they were unable to trace the thief or the robber, they were thrown into the prison and made to compensate for the stolen property. If amurderer went untraced, theheadman wastoo hanged instead. Whatsoever might have been Sher Shah’s justification for the severity, the internal life of a village community remained cohesive and undistributed. Thechanges for the village community were little more than ripples on the surface beneath which the water continued to flow steadily.The fact that the villages were not neglected and were never despised is also conformed from special instruction issued to the provincial authorities from time to time by every Emperor from Sher Shah Akbar downwards to every single monarch, directing them to pay attention to the improvement of agriculture and the conditions of the cultivators, The Ain-i-Akbari, the Shahi-Farmans, and the Dustur-ul-amals contained clear instruction for the extension of cultivation, collection of revenue and help to be given to peasantsApart from this, inducements and encouragements such as rewarded and various models of assessments were used to with a view to improved cultivation, In times of distress or the national calamity such as families.The emperor did all that was possible in order to relieve the human being and to encourage in improving agriculture by every possible means. It can, thus be deduced that village community was not disintegrated even in Aurangzeb’s time when central authority at its peak and also the land basically remained the property of the community under the guardianship of the headman. The cultivating peasants were however the defector owners of their respective plots. One of the main objectives of the Muslim rule was to make Indian as their home with least interface in the life of the masses. It was definitely an act of conscious foresight and political expediency on the part of the Muslim rulers that they did not attempt to interfere with, alter or modify the local government of the village community in any manner. The geographical factor too could not be ignored. Most of the Muslim Kingdoms extended over vast region divided by Mountains Rivers and dense forests. The vastness of the country would have compelled them to maintain a big administrativeforce. Since the success of their administrative depended much on the co-operation of the people, it was necessary to give them considerable authority. PANCHAYATI RAJ DURING BRITISH PERIOD:

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Although, the panchayati raj in India existed in ancient times, in its present structure and style of functioning, it owes existence to the British rule in India. The establishment East India Company slows but steady disintegration of these village panchayats. The excessive centralization and judicial powers in the hands of the government officials deprived the village functionaries of their age long powers and functions. Indeed the British rulers did the greatest disservice to this country by destroying the ancient tradition of village panchayats and trying to replace them by their officers. British government formulated new policies which created new outlook among the people, weekend the community spirit of the villagers. The most important characteristic of theseBritish policies was to establish more direct and intimate connection between the central and provincial governments on the one hand and the inhabitants of each village on the other. The changes introduced were in the sphere of land revenue, maintenance of irrigation works, relief of the people in the time of famine, laying roads, the payment of grant–in-aid of village school, the right of village to cut grass for their cattle’s in the forest, the position of agricultural credit and so on. The functioned performed by panchayats were given to administrative and judicial officers. It means that the work associated to panchayats was done by officially agencies from outside. British troops were moving from village to village to create an impact of authority on them and to impress upon humble villagers that India was now in the hands of ‘White Masers’. This military strategy together with western technique of bureaucratic administration gave a heavy blow to village autonomy. As a result of this, the enthusiasm of panchayats cooled down for many years to come. The emergence of British rule was in itself a very important phenomenon. The mode of production in India was at very elementary stage and hence, the resulting institutions too, were rudimentary with British invasion came some benefit, which have secured to the British from the revolution. The old art and craft could not face the machine made goods, and had to give way to modern industrial imports from abroad. This deprived many of their livelihood and they had fall back on agriculture. The highly centralized systems gave those means of communication, introduced modern education, civil and judicial courts and police organization and in turn look away their powers which give a strong blow to the panchayats and thus the self-sufficient and autonomous village lost significant and supremacy. The feature which led to weakling the community spirit in the village was the educational system in the country introduced by Britishers.It made the educated men look away from the village which deprived the rural areas of enlightened leadership. They made efforts to introduce rural-self-governmentin 1882, but could not achieve the success. The improvement was first introduced in urban areas. As early as 1832, Sir Charles Metacalfe, recognized the utility of the village panchayats and remarkable in the report of the House of Commons, “the village committee in India are little republic having everything they can want, within themselves and almost independent of any foreign relation. This union of village communities, each one farming a separate kittle state in itself, has conceive contributed more than any other cause to the preservation of the people of India, through all the revolution changes which they have suffered and is in a high edger conducive to the happiness and to the enjoyment of a great portion of freedom and independence.”RIPON RESOLUTION 1882:LordRipon wade remarkable contribution to the development of local-government. In 1882 he abandoned the existing system of local government by the official nominated people. According to his local-self-government plan, the local boards were split into smaller units to achieved greater efficiency. In order to ensure popular participation he introduced an election system for the local boards.Royal Commission on Decentralization:Another significant stage in the history of local government was the publication in 1909 of the report of the royal commission upon decentralization set-up in 1907. It devoted on full chapter to the village organization. The commission made a number of detailed proposed to enlarge power of local bodies and to make them more democratic. The commission attributed the failure of local self-government to factor like artificial character of local areas, absence of genuine election, lack of finance, excessive

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control of the government and inadequate control of the local bodies over services. The pronouncement of the government of India on these recommendations was embodied in a resolution issued by them in 1915 in which they referred to the development of the local self-government.Montague-Chelmsford Reforms of 1919:To make local self-government really representative and responsible the Montague-Chelmsford report on Indian constitutional reforms dated 22 April, 1918, suggested many ideas. Montague Chelmsford reforms were passed in the year 1919. Make local self-government both fully representatives and responsible for authors of joint report on the Indian constitutional reform suggested the following formula: “there should be as for as possible complete popular control in local bodies and in the largest possible independent for them of outside control.” Government of India Act 1919:The government of India act issued a resolution on May 6th, 1918,which fully supported the principle enunciated long before, by lord Ripon and the decentralization commission. This resolution affirmed the policy of maximum interference in the affaires in the local bodies. The government of India act 1919, made local self-government a ‘transferred subject’ and hence the responsibility of popular ministers. This was the beginning of the growth of these bodies in British India under elected ministers. This period is notable for the finals establishment of local self-government institution to smallest unit of the rural areas i.e. village.

Government of India Act 1935:This is considered as another important stage in the evolution of panchayats in British India. With popularity elected government in the provinces, almost all provincial administrations felt duty bound to enact legislation for further democratization of local self-government institution, including village panchayats. Although the popular government in the provinces governed by the congress vacated offices following the declaration of the Second World War in 1939, the Position as regards local government institutions remained unchanged till August 1947, when the country attained independence.

REFERENCE:

1. B.S. Khanna; Panchyati Raj in India, Rural Local self government, Deep and Deep Publication, New Delhi, 19942. S.N. Agarwala; Gandhian Constitution for the India, Kitabsthan Press, Allahabad, 19463. U. Gurumurthy; Panchayati Raj and the Weaker sections, Ashish Publishing House, New Delhi, 19874. M. Aslam; Panchayati Raj in India, National Book Trust, New Delhi, 20075. George Mathew; Status of Panchayat Raj in the States of India, Concept Publishing Company, New Delhi, 19946. S. Maheswari; Local Government in India, Oriented Longman Publication, New Delhi, 19777. T.H. Qureshi; the Administrative of Sultanate of Delhi, Evergreen Press Lahore, 19728. A.S. Altekar; History of Village Communities in Western India, MotilalBanarsi Das Publication, Allahabad19979. R.S. Rajput and D.R. Meghe ; Panchayati Raj in India; Democracy at Grassroots (eds), Deep And Deep Publication, New Delhi, 1984 10. V.K.Rao; Local Self Government in India, S.Chand and Company Ltd. New Delhi, 198011. RajeshwarDayal; Panchayati Raj in India, Metropolitan Book Company Pvt. Ltd. Delhi, 1970 12. RathnaGhosh, A.K. Praminik ;Panchayat System in India, Historical Constitutional and Financial Analysis (eds), Kanishka Publication, New Delhi, 1999

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CONCEPT OF SOUL

Naseema Bano

ABSTRACTThe concept of ‘soul’ has been defined differently different scholars and illustrated in innumerable ways. Sometimes it is considered as spiritual or immaterial part of a person, and at other place it is regarded as moral, emotional and intellectual nature of a person. This paper highlights the concept of soul as envisaged by the philosophers and by the authentic sources of religion. INTRODUCTIONThe concept of ‘soul’ has been defined differently different scholars and illustrated in innumerable ways. Sometimes it is considered as spiritual or immaterial part of a person, and at other place it is regarded as moral, emotional and intellectual nature of a person. Even personification of human being is also ruminated as soul or something similar to it. But in all such observation, soul is found to be an integral part of life which controls or commands major mental activities. It is intangible in nature and cannot stay limited any specific part of the body.The concept of soul is discussed by almost all the prominent scholars and even in the holy book of every religion. The holy Quran regarding soul says, ‘O mankind reverence your lord, who created you from a single soul and from it created it’s mate and from them twain both scattered and countless men and woman”(4:1). Again while mentioning the teaching to Allah, the holy Quran highlights, “O ye who believe Guard your own souls, if ye follow (right) guidance, no hurt can come to you from those who stray. The goal of you all is to God: it is He that will show you the truth of all that ye do” (5:105). Thus, the holy Quran speaks to men about their creation from one soul and then guides them to the path of Allah. The point to be pondered over here is that the holy Quran talks about the guidance of soul and not directly men. Thus, it means that soul is an integral part of a human being and it supervises men to act and perform.Even the Bhagwad Gita describes, “I say to thee weapons reach not the life;Flame burns it not, waters cannot o’erwhelm,Nor dry winds wither it. Impenetrable,Unentered, unassailed, unharmed, untouched,Immortal, all- arriving, stable, sure, Invisible, ineffable, by word And thought uncompassed, ever all itself, Thus is the soul declared.1

Likewise the holy Quran focuses soul as an intrinsic part of human body, the Bhagwad Gita also affirms the existence of soul and describes it’s attributes, and ultimately calls for men to consider soul an intaglio, which is already present in the body and it immortal, indivisible etc.Imam Ghazali talks about the soul and states, “It is by means of soul that man is the best of creations as it by means of soul that man acquires the knowledge of God and His attributes are by no other

Department of Philosophy Aligarh Muslim University Aligarh

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organs of the body. It is by means of soul that man can go to the nearness of God and make efforts to realize Him. So soul is the king of the body and it’s different organs are it’s servants to carry out it’s orders and commands. It is accepted by God when it remains free from things other than God, it drifts away from God. It is the soul which will be asked and rebuked. It becomes fortunate if it is purified and cleansed, and it becomes unfortunate if it is kept impure. It is the knowledge of soul which is the root of the knowledge of God. When man does not know himself he does not know God”.2

One can easily make out quintessence in the words of Imam Ghazali and the teaching of the holy Quran. The way the holy Quran has discussed rather proclaimed soul as a fundamental part, Imam Ghazali, similarly, calls soul, “as the king of the body. He presents soul as the one on which the whole human body is dependent. Not only the human body but the human deed is also dependent on the soul, and men will be rewarded, on the Day of Judgment, according to how they sculpt their soul, believes Imam Ghazali.Not only have Imam Ghazali follow the same view, as that of the holy Quran, but sheikh Nur-ud-din Wali, holds a similar view with respect to soul. He says:-“Perplexed am I of my baser selfSurely it is the devil in meLest it may not demolish the cawsey of my virtuous deeds;Lured am I to inferno because of it.”3

Sheikh Nur-ud-din is also displaying soul’s attributes and it’s contribution in making both heaven and hell. When he says, he is afraid if he is following Satan’s path, then he anticipates soul as the follower of Satan, and it would carry him to hell. Had been on the righteous path, it could have brought to him, the heaven, speaks Sheikh Nur-ud-din.Now, the question which has been in debate since long is, where the soul is? The physician turned writer, Anton Chekhov wrote to his friend Suvorin, “I think that when dissecting a corpse, the most inveterate spiritualist will be bound to ask himself. Where is the soul here? And if one knows how great is the likeness between the bodily and mental diseases, and that both are treated by the same remedies, one can’t help refusing to separate the soul from the body.”4 At other place Pythagoras had described while talking about the soul and location of the soul, that, “the soul consists of three parts- intelligence, reason and passion. The seat of the soul extended from the heart to the brain, passion being located in the heart and reason and intelligence in the brain.5 One can easily figure out two different concepts over here about the soul’s location, the one being the whole body, as said by Anton Chekov, and the other being the heart and brain. But we can look into more the discussion about the soul’s location. Lancisi says, “The soul must lie deep within the brain, in the midline and in impaired structure, but favoured the corpus callosum. He felt the vital spirits could flow in the fibers of the medial striac. These forms a pathway for the stream of the soul or perhaps consciousness between the anterior part of the corpus callosum and the anterior column of the fornix and the posterior part of the corpus and the thalami a sort of connection between the scat of the soul and peripheral organs, between the soul and the body.”6 Thus we have witnessed even a more broader field of corpus collosum and other peripheral organs, where soul is hidden. Imam Ghazali, with reference to the soul gives a distinguishing idea about ‘Nafs’, ‘Ruh’, ‘qalb’ and ‘aql’. However many philosophers consider ‘nafs’ as soul but rest of the ideas i.e. ‘Ruh’, Qalb’ and ‘Aql’ are expected to have incorporated soul in it. Ghazali, while discussing these concepts say:-Qalb: Qalb has got two meanings. It means first as piece of flesh in the left breast called heart which is hollow. In the interior which is filled up with black blood and which is again a source of ‘Ruh’ or life. Heart is the mine for the circulation of blood. The detailed description of heart is to be found in anatomy. The second meaning of Qalb is soul with which we are concerned here. It is an immaterial thing or formless Latifa or basic subtle element which has got connection with the material heart. It is just like unseen electricity. It is the principal thing in a man. It catches knowledge of God and spiritual world.7 Ghazali suggests the two meaning of Qalb and accordingly to him, it is heart in one hand and soul on the other. One may conclude that if both are Qalb. Then soul is supposed to have

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been presented in the heart itself.Ruh: It has also got two meanings. It means first a material thing within the heart which vibrates the whole body like current of electricity and which runs through the veins of the body. It is called ‘life’. It has got the power of touch, hearing, sight, smell, and the power of the other links of the body. The second meaning of Ruh an immaterial subtle thing which called soul and not life. God says, ‘they ask you about Ruh say, it is a command from my lord’.8 Again, Ghazali considers Ruh also as soul than the consensus would be, if ruh is soul, then it is located in not any defined location, it is rather comprised in the first meaning of Ruh itself.Nafs: According to Ghazali, it has also got two meanings. He says, “The first meaning is passion or baser and lower self….passion is a comprehensive word consisting of greed, anger, and other evil attributes. The second meaning of Nafs is soul. When Nafs assumes and has removed passion. It is termed Nafs Mutmainnah or satisfied soul. In the first meaning, Nafs is with the party of devil. When the calm nature of Nafs does not become perfect, it is called Nafs Lawwamah or self accusing soul as such a soul rebukes one for neglect in divine duties. If soul gives up prophets and surrenders itself to the devil, it is called Nafs Ammarah or passion addicted to evils.9 Ghazali tries to classify that soul is what makes us do something good or bad and it is present there in our passion. And for this, he recommends three major ideas of Nafs i.e. Nafs Mutmainnah, Nafs lawwamah and Nafs Ammarah. Even other scholars also recommend these three stages of soul. For them Ammarah is prone to evil, and if it is not controlled, then it will be revined. Nafs Lawwamah, for them, is the one which is conscious of evil and it resists in such situation when Satan deceives. It seeks pardon from God. And the last one is the highest stage, which is relaxed and satisfied.In it’s first stages of relating to the body, the soul is the plant soul, which is a primary perfection for an organic natural body, in as much as this body can take nourishment, grow and reproduce. The plant soul is the power human being and other animals shave with plants.10 Here, the nature of the soul has been discussed and shown how souls assorts human being. Further it is added that, “The sensitive power has both external and internal senses. The external senses are in priority of existence, touch, taste, smell, hearing and sight. The first three are said to be necessary for survival and the last two for well being11. Ibn Rushd asserts that the five external senses may be in potentiality, as in infancy and sleep, or in actually, or in daily seeing or hearing. He also argues that there cannot be any external sense other than these five because there would be no function for it. Ibn Sina enumerates five internal senses i.e. common sense, representational power, imagination, estimation power and memory.12 Here with the help of Ibn Sina and Ibn Rushd, the quintessence of soul with internal and external senses has been established, about which the holy Quran says, “On no soul does God place a burden greater than it can bear (in terms of material wealth or spiritual duty)”.Based on all such arguments one can figure out a much sharpened view about soul. Sheikh Nur-ud-din Wali speaks about the deeds, good and bad, and ensures that soul is all responsible, which was considered Nafs Ammarah by Ghazali Sheikh says:-“Elephantine is my carnal appetite gargantuanTricks did it play to escape my gripOne in a thousand can evade from its wrathElse it trampled all under footAbstemiousness will fame it to urbanityElse what bait wilt thou use to change its boisterous aptitude.12

Sheikh discerns a familiar attribute and agrees to the affirmation given by the holy Quran. He considers souls as the whole benefactor of man’s deeds and says that one in hundred conquers over Nafs Ammarah and follows not the path of devil but God.As it has already been mentioned that various philosophers argue differently with respect to the soul and thus they have developed a number of theories, e.g. the Greek notion of soul, pre-Socratic thinking about the soul, Plato’s theories of soul and many more.The Greek Notion of Soul: “The Homeric poems, with which most ancient writers can safely be

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assumed to be intimately familiar, use the word ‘soul’ in two distinguishable, probably related, ways. The soul is, on the one hand, something that a human being risks in battle and loses in death. On the other hand, it is what at the time of death deports from the person’s limbs and travels to the underworld, where it has more or less pitiful afterlife as a shade or image of the deceased person. It should be noted that in Homeric persons, only human beings are said to have (and to lose souls). Some significance developments occured in the ways Greek thought and spoke about the soul. In ordinary 5th century Greek, having soul is simply being alive, hence, the emergence at about this time of the adjective ‘ensouled’ as the standard meaning ‘alive’.”13

Pre-Socratic Thinking about Soul: “The semantic expansion of ‘soul’ in the 6th and 5th century is reflected in the philosophical writings of the period. For instance, once it becomes natural to speak of soul as what distinguishes the animate, from the inanimate rather than as something restricted to human. There is, moreover philosophical activity, notably Pythagorean speculation, contributed to the semantic expansion of ‘soul’. To make the continued existence of soul, according to Pythagoreanism, is significant as the continued existence of the person in question at least some of the states activities, operations and the like that seemed crucial to the identity of the person had to be attributed to the soul”.14

Socrates and the Human Soul: According to Socrates, the human soul possesses the attribute of being invisible and immortal. He says,Well, now, said Socrates, are we not part body, part soul?Certainly,Then to which class do we say that the body.Would have the closer resemblance and relation,Quite obviously to the visible and the soul, it is visible or invisible.15

He further quotes, “I have a firm hope that there is something in store for those who have died, and, as we have been told for many years, something much better for the good than for the wicked”.16

Even science argues about the existence of soul, and proves it with the help of Modus Tollens. “Modus Tollens is a valid form of argument in propositional calculus in which P and Q are propositions. If p implies Q, and Q is false, then P is false. It is also as an indirect proof by contra positive. It is written as follows:-He argues with reference to theistic evolution and other views in biology and says, “The classical religious teaching about God are comfortable with the modern scientific understanding for biological evolution, special creation and intelligent design do not negate the presence of free human will. The quantum physics may try to explain free will on the basis of quantum fluctuation and the bundling of the wave function of the electron however it could never be the source of free will. In mathematics, human thinking is not analogous to that of a digital computer.17

Thus, it can be concluded that ‘soul’ acquainted by all the prospects including ancient theories, science and other philosophical. And all such rational explanation stands familiar to the thought of Sheikh Nur-ud-din Wali, who in his work, has again and again highlighted ‘soul’ and discussed all its attributes and the deeds of the human being. It can be justified more by his writings. He says, “Scandalized am I, through my baser self.Disgraced have been I, through my carnal appetite.Unconscious thy soul is, allow not it to trample thy conscience.Divinity attained he, who subdued it, by and by.18

And he again exclaims:Besieged by neglect I’m, though conscious I wasNow, not my soul will be consistentLegal forsaken I adopted illicitDisgraced will be I in my lord’s court.19

Therefore, the ultimate consensus is that soul, in the words of Sheikh Nou-ru-ddin cannot be separated from human being and hence, it is responsible for his worldly life and he Day of Judgment. He, by his own examples, signifies that if the soul is not controlled and man let it go destructed, it must be

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remembered that such souls shall be disgraced by the God, on the Day of Judgment and vice versa.LIFE HEREAFTER:God created this universe and sent His creatures to spend their life according to the will of God and to perform good deeds and prohibited evil deeds. In this content, it is crystal dear that all the creatures have been sent here as novice or on trial and then God has planned everyone’s death after a fixed period of time which only God is aware about. The holy Quran also says, “Every soul is to taste death”. Here soul denotes every creature and that every creature will have to depart from this evanescent world because this world is temporary and transitory. God further commands that one day the whole will be devastated, that they will be the doom’s day. Then will occur the Day of Judgment when every creature will reborn in a new world on a complete different pattern, and resurrected. That life will be life hereafter. That world will surely be an eternal world and to believe in life hereafter is one of the most important pillars of Eeman.One of the prominent scholars Imam Ghazali speaks about the day of resurrection and says, “The prophet said: on the resurrection day, men will be gathered together in such a field which is white, clean and round like a loaf. There will be no sign therein. The narrator explained that the whiteness is not like that of snow. Clean means there will be no structure or building wherein recourse is taken. There will no distance out of sight. Think not that the ground will be like this ground. God says, when this world and the will be changed to another world will then be full of darkness. The sky will fall down into pieces and flow like molten silver. Everybody will stand up naked”.20 Ghazali is trying to briefly portray the Day of Judgment. He quotes what God had explained in the holy Quran and the Prophet (SAW) describes about the day, that the ground will be like a loaf and clean and everyone will stand naked altogether and many more.Thus, when the holy Quran and the Prophet (SAW) testifies and asserts the Day of Judgment, then ofcourse the life hereafter cannot be denied. He further adds, “The prophet said: Remember the day when the whole mankind will stand up before the lord, even some of them will be drowned up their ears. The prophet also said: On the resurrection day there will be perspiration of men, so much so that it will rise upto the height of seventy cubits and up to their ears. The prophet also said: they will stand up working towards the sky for 40 years and owing to excessive heat, perspiration will almost drown them.”21 Ghazali consistently highlights the words of the Prophet (SAW) to decipher and embark the reality of the Day of Judgment. Different scholars might describe the resurrection in various different ways but they out to be contingent on what has actually been stated by the holy Quran and the Prophet (SAW).On the other hand, another prominent scholar, Maulana Wahiduddin Khan describes the life hereafter and says, “The first thing that this concept of the other world presupposes is that man and the universe in their present form are not eternal. From the entire array of human knowledge up to the present, this fact stands out as indisputable. We all know, beyond any shadow of a doubt, that for both man and the universe, death is an inescapable fate. The greatest desire of those who do not believe in the other world is to convert this world into a heaven of eternal bliss”. Maulana again presents the same nature of this world, as stated by Imam Ghazali in the light of the holy Quran, that this world is not eternal and it has to be destroyed one day. And he further asserts that no one can escape death and hereafter everyone will be gathered again on the judgment day. So, one can in no care doubt the ultimate end of this world and those who deny the fact, they are ignorant and they want to make this world a heaven. He further elucidates the reality of death after which will the Day of Judgment occur and says, “Why does death occur? About two hundred explanations have been put forward as to its causes. Organic decay in the body, the exhaustion of constituents, the atrophying of veins, the replacement of dynamic albumens by less dynamic ones; the wearing out of the tissues; the secretion of poison by intestinal bacteria which is spread throughout the body and so on. An American chemist Dr.card Linus (b-1901), recipient of two noble prizes, one of chemistry in 1954 and the noble peace prize in 1962 has pointed out that, theoretically man is cast to a great extent in an eternal mould, cells in the human body being just like machines which automatically remove their own defects. In spite of this, man does grow old,

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and he does die”.22 Maulana targets the concept of death and proves that it has to come, for the sake of these people who do believe the hereafter. He makes it evident according to science. Maulana, moreover talks about the probable life of human body and says “Another explanation has it that cells are the cause of death because they remain unchanged throughout life and are never replaced. The number of nerve cells in a human body thus decline year after year, thereby weakening the nervous system as a whole. If it is correct to say that the nervous system is the Archilles heel of the human body, I should conversely be correct to say that a body having no nervous system at all should be able to survive for the longest period of time. But observation does not support this view. A true, which is devoid of a nervous system does survive much longer than a man, and in fact, survives the longest of all forms of plant life. But wheat which likewise has no nervous system, survives for only one year. And the amoeba, with a minute nervous system survives for only half an hour. Those examples would appear to imply the reverse that is animals belonging to the higher species, with perfect nervous system, should live longer. But that is not the case either creatures relatively lower down the evolutionary scale, like crocodiles, turtles and fishes, are the ones who survive the longer. Dr. Alexis Carrel, a French noble prize winner, describes that ‘men will never tire of seeking immortality. He will not attain it because he is bound by certain laws of his organic constitution. He may succeed in retarding perhaps even in reversing in some measure, the inexorable advance of physiological time. Never will he vanquish death. The fact still remains that one day all human beings will have to die”.23

Maulana while discussing the reality about death, affairs how the human being or the human will reach the point of cessation one day. The compares it with other organisms and creatures to build the evidence of death or decay of human body.Sheikh Nur-ud-din Wali, one of the great Sufi scholars talks about death and proceedings after death and says,Sheikh in his work refers to a kind of official, who is none other than Mulk-ul-Mout, who will come and take back the soul of human being and carry him to the Almighty, where he is suffered to put forward his good and bad deeds. And that his deeds will be presented in it’s original form by Kiraman Katibeen. Sheikh intends to point out the pragmatic approach of death and the felicitation of mankind according to their deeds Sheikh ensures that they will reap those who sow. He urges mankind to perform good deeds so that they could get better rewards. Thus, the matter to concentrate here also is ‘death’ and then the life ‘hereafter’. Even Sheikh is supporting the profound reality as done by Imam Ghazali and Maulana Wahiduddin Khan. Thus, it is undoubtedly true that everyone will have to die and face the real life.Sheikh again presents the verisimilitude and says:- 24

Here again, we can see the stress on the reality, when Sheikh says that the moment of death and it’s dissimulation cannot be predicted and it has been that how took in it’s course even the most invaluable creatures, which Mirza Ghalib has described as,Thus, death is sure and it has been repeatedly discussed in every literature, and even Maulana Abul Azad writes, “That the things are most precious and adored and are highly tenacious if created especially or in a distinguishable manner, and the best artist is the one who value his techniques and skill. In the light of this fact, men are born the best of all creatures and men possess the highest stature. And when God is the creator, he may not have this remarkable for this world, because is short-lived, but He will never let it go like this, and He will never ignore this excellence of this might.”25 This implies that when God has created man and He will not let men go futile, and he must have some other provisions. What could that provision be? This is the same provision of the life ‘hereafter’ which has been discussed earlier. This is the eternal subsistence which everyone will have to witness after death. Maulana Azad further adds, “Every individual could think about his existence he had no existence yet he has come into being and persist, and that too, with the help of a sperm. So, if he could come into being this way, then, when he is into complete actually and existence, could he not re-exist with the help of merely this being”?26 This is a straight forward question to those who doubt the fact that everyone will be given his soul back and then everyone will be gathered on the resurrection day. This

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gives a clear significance of the power of God and assures that He is the only one who create human being and all other human being according to His wills. Maulana Wahiduddin discusses ‘Qiyamah’ or the final Day and writes, “Once ‘Qiyamah’ (the final day) has been accepted as a probability, the second question, that must be asked is, “is there any life after death? The answer to this tonds nowadays to be in the negative because we are so used to thinking of life in terms of all the material elements of which it is apparently composed. We think of life developing when all the aforesaid elements are arranged in a particular order, and as a corollary to that we think of death as shattering that order, and in consequence, obviating all possibility of life after death.27 He moreover presents the assumptions of material particles of a human body, and the process of metabolism, and then on the basis of these testimony, he adds, “Our bodies are so constantly undergoing changes that a time comes when all the ‘bricks’ in our bodies have been eroded and replaced by new ones. This process of death and decomposition goes on continually. Whereas, the inner man survives in his original form. Now, if along with the death of body, the man inhabiting it died too, he should be diminished or depleted in some way by his total replacements of his cells. But he remains quite distinct from and independent of the body, and retains his identity notwithstanding the death and decay of the body.28 Thus, with the help of these biological truth, Maulana presents the decay and rebirth of human body and hence proves that ‘how on ultimate occasion, he will have ceased quite finally to live?Likewise, Sheikh Nur-ud-din Wali depicts the proceedings after death. The question is how will the proceeding take place? And where will men give their facts about deeds? And there are many more such question. As Maulana Wahiduddin predicted the presented the facts about life after, it can be estimated even on the basis on the bases of logics and understanding. The proceeding which Sheikh is talking about will obviously occur on the Day of Judgment, before the God Sheikh says:-And a similar essence of reality could be found in another verses of Sheikh where he writes:-Though Sheikh represents heaven and hell and the deeds of human being accordingly, yet, the matter to ponder over is, how and when will ‘ibadah’ or ‘namaz’ protect or look after human being? Logically, it could happen only if there is a possibility of another world or another life after death. And, yes this is the same proceedings which will start from grave and continue till the Day of Judgment about which the holy Quran says, “Nay (behold), ye prefer the life of this world; But the Hereafter is better and more enduring”.29 And Maulana Azad, about the same proceedings discusses and says, “The basic fundamental ‘Deen’ implies that life of human being ends not in this world only, there is a life hereafter. And, in that life, men will be felicitated or rewarded according to the deeds performed in this world. The holy Quran highlights that everything in this world has to come across some common or proper consequences or results and similarly will men do. And we cannot assume or imagine the other world, for the other world exists beyond our imagination.30

REFERENCES

1. Arnold E. the song celestial or Bhagavad-Gita (from the Mahabharat) Being a Discourse Between Arjuna, prince of India, and the Supreme Being under the form of Krishna. New York: Truslove, Hanson and Comba; 1900

2. Imam Ghazali’s, “ Ihya ulum-id-din” Islamic Book service new delhi,vol 3 (2011) pp 7.3. Adfar G.N, “Alchemy of light” kitab garh lal chowk Srinagar(2011)pp2824. Pandya Sunil k, “Understanding Brain, Mind and Soul: contributions from Neurology and Neurosurgery.

Retrieve from http://ebooks.adelaide.edu.au/c/chekhov/anton/c51lt/chapter24.htmlaccessed on 6 December,2010.

5. Pandya Sunil k, “Understanding Brain, Mind and Soul: contributions from Neurology and Neurosurgery. Retrieve from, www.ncbi.nlm.nih.gov/pubmed/21694966.

6. Imam Ghazali’s, “ Ihya ulum-id-din” Islamic Book service new delhi,vol 3 (2011) pp 8

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7. Ibid pp88. Ibid pp8.9. Soul in Islamic philosophy, retrieve from, www.muslimphilosophy.com/ip/rep/H010.htm.10. Soul in Islamic philosophy, retrieve from www.muslimphilosophy.com/ip/rep/H010.htm11. Soul in Islamic philosophy, retrieve from www.muslimphilosophy.com/ip/rep/H010.htm12. Adfar G.N, “Alchemy of light” kitab garh lal chowk Srinagar (2011) pp 280-281.13. Ancient theories of soul retrieve from htt//plato.stanford.edu/entries/ancient-soul.14. Ancient theories of soul, retrieve from htt//plato.stanford.edu/entries/ancient-soul.15. Socrates and the human soul. Retrieve from htt://cneuroscience.org/content/Socrates-human-soul.16. Plato, phaedo, In: the collected Dialogues of Plato including the Letters, Editors: E Hamilton and

H.Cairns, Bollingen Series LXXI, Princeton university press, Princeton,NJ, 1961,46[63c].17. Dr Qudoos farhat Amtul, “Human soul and Science” retrieve from www.alislam.org/egazette/articles/

human-soul-and-science 201009.pdf.18. Adfar G.N, “Alchemy of light” kitab garh lal chowk Srinagar(2011)pp27719. Ibid pp 276.20. Imam Ghazali’s, “ Ihya ulum-id-din” Islamic Book service new delhi,vol 4 (2011) pp 450.21. Ibid pp 451.22. Wahiduddin khan Maulana, “God Arises” Goodword Books New Delhi (2008) pp 114.23. Ibid pp 11624. Ibid pp117.25. Azad Abu Kalam Maulana, “akhirat ki zindagi”adeeb publisher new Delhi (2008) pp 22.26. Ibid pp 23.27. Wahiduddin khan Maulana, “God Arises” Goodword Books New Delhi (2008) pp 120.28. Ibid pp 121.29. Surah al A’ala (87:16-17)30. Azad Abu Kalam Maulana, “akhirat ki zindagi”adeeb publisher new Delhi (2008) pp 34.

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EMPOWERMENT OF WOMEN THROUGH EDUCATION IN INDIA WITH SPECIAL

REFERENCE TO JAMMU AND KASHMIRJameel Ahmed*

ABSTRACT :Education is considered as a landmark for women empowerment because it is instrumental to bring vital changes in the status of women therefore, the role of education with respect to the women empowerment can not be ignored. It is generally seen that educated women with some skills, technical expertise, knowledge and an earning hand had been ensured almost equal participation in all walks of life. Education promotes equity and necessitates women empowerment. Women education in Jammu and Kashmir has been a major concern of both the government and civil society as educated women plays a very prominent role in the overall development of the nation. Present paper is a study of the role played by education in empowering women and the particular focus is laid upon scenario of women empowerment through education in the state of Jammu and Kashmir. This study is generally based on the secondary sources.KEYWORDS: Education, Empowerment, Women Empowerment, Women literacy rate INTRODUCTION “In order to awaken people, it is the woman who has to be awakened, once she moves, the country moves and thus we build the India of tomorrow”. Pandit Jawaharlal Nehru Women constitute almost half of the world’s population and play a vital role in the development of the nation but the worth of women’s work and their contribution to the economy and society has largely been ignored or undervalued for a long time in almost all societies mainly because of their involvement largely in informal, unorganised and household activities. They have been subject to discrimination, exploitation and domination by men that has resulted in gender disparity in almost all spheres of social life. The rise of various feminist movements has, however led to the remarkable improvement in the condition of women all over the world in recent times. Right to equality particularly in the domain of education has been one of the most pressing demands of these feminist movements. Women education in India has also been a major concern of both the government and civil society as educated women can play a very prominent role in the overall development of the nation. Education of women has a long lasting impact on the status of women in a society. Apart from providing basic knowledge and skills to get independent earning opportunities to raise their economic status, it enables them to participate actively in the developmental process.EDUCATION OF WOMEN IN JAMMU AND KASHMIR Historically, the education of women in the state of Jammu and Kashmir was very low as compared to other states of the country. Women of Jammu and Kashmir were generally subjected to discrimination, exploitation, oppression and inequality. Their role remained confined to household

*Research scholar Department of Sociology Aligarh Muslim University, Aligarh

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activities and they were also excluded from education. Christian missionaries taken the initiative to open the school for Kashmiri women but the strong opposition was started against this step by the people who were conservative in their outlook. After Christian missionaries various Welfare Trust and committees came into existence and made a significant contribution in the promotion of female education. However, after independence both state and central government of India has taken various policies and programme to provide education to women. Therefore, the literacy rate of women has grown over the three decades and the increase of female literacy has in fact been higher than that of male literacy rate in India. While in 1961 only 15.35% of Indian women were literate, by the end of 2011 65.46% were literate in India as per 2011 census. In Jammu and Kashmir, the female literacy rate in 1961 was 5.05% and it grew up to 58.01% in 2011 as per the census of 2011. The literacy rate of women in Jammu and Kashmir is still low as compared to all over India.IMPORTANCE OF WOMEN EDUCATION Educated women play a very prominent role in the overall development of the nation. Educating a female benefits a person, a family and on the whole to the entire society. Women constitute almost half of the world’s population and not only help in the development of half of the human resources, but in improving the quality of life at home and outside the home. Women education has a more significant impact on reduction of poverty and development than male’s education. Educated women not only concentrate on the education of daughters, but also on the education of sons and provide better guidance to all their children. Moreover educated women follow the norms of family planning, reduce the growth of population and infant mortality rate.EDUCATION AND WOMEN EMPOWERMENT The concept Empowerment defined by The Asian and Pacific Centre for Women and Development is “as a process that aims at creating the conditions for the self-determination of a particular people or group”. The concept Women Empowerment was introduced first time in the International Women Conference at Nairobi in 1995 and it was defined as a relocation of social control and power in support of women. In this sense, empowerment is a multidimensional process which enables women to recognize their full potential and powers in all the spheres of life. Education is landmark of women empowerment because it enables them to control over their lives and be strong enough to challenge and change their subordinate position in the society. Education of women has a long lasting impact on the status of women in a society. Apart from providing basic knowledge and skills to get independent earning opportunities to raise their economic status, it enables them to participate actively in the developmental process. Education means not only reading, writing, and arithmetic but it also means to raising the self-awareness and creating the critical analysis of various structures; and acquiring knowledge for empowerment at all levels. Empowerment can be regarded as a process of awareness and capacity building that leads to greater participation and realizing the goals of human liberation, freedom and equality of opportunities in all spheres of social life. The literacy rate of women in Jammu and Kashmir has risen very sharply from 5.05% in 1961 to 58.01% in 2011, as per the census of 2011. Despite the importance of women education unfortunately there is wide gap between men and women education, only 58.01% of females are literate as compared to 78.26% of the male. The government of India has undertook various steps to empower the women, such as Social Education, Farmer’s Functional Literacy Programme, Non-Formal Education, National Literacy Mission, Total Literacy campaign, Early Child Care Education Centres, National Programme on Education for Girls at Elementary Level, Kasturba Gandhi Balika Vidyalaya, Sarva Shiksha Abhiyan, Mahila Samakhya (Education for Women’s Equality) and innovative scheme for the adolescent girls etc. From the fifth five year plan to onwards there is a remarkable shift in the approach to women’s issues from welfare to development. At present, the empowerment of women has been acknowledged as the central issue in determining the status of women in society. The government of India declared 2001 as the “Year of Women’s Empowerment” and in the same year the National Policy for the Empowerment of Women came into existence. The National Commission of Women was set up by an Act of Parliament in 1990 to safeguard the legal rights of women. In the constitution of India, the 73rd and 74th Amendments

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have provided reservation of seats in the local bodies of panchayats and Municipalities for women to take participation in decision making at the local level. These programmes have a significant impact on women to raise their educational status in society.WOMEN’S EDUCATION PROBLEMS AND PROSPECTS In spite of the various policies and programme made by the state and central government over the last 65 years with regard to the uplift of women education, the scenario is still in the state of a misery in India for several reasons. Women in India face various socio-religious and cultural problems while getting education in the formal educational institution. The 2011 Census clearly indicates that the literacy rate of women in India and Jammu and Kashmir is even much lower to national average levels. The increase of women’s education in rural areas is very low. This clearly means that still large numbers of women of our country are backward, weak, exploited and illiterate. Gender inequality still exists in India and Jammu and Kashmir is no exception to it, which is proved by the fact that the literacy of the female is only 65.46% against 82.16% of male in India and in Jammu and Kashmir the female literacy rate is 58.01% against 78.26% of male as per 2011 Census. Table 1: Literacy rate in India and Jammu &Kashmir

India -1951 to 2011 Jammu and KashmirYear Persons

%Male %

Female %

Male-female gap in literacyrate

Year Persons %

Male %

1951 18.33 27.16 8.86 18.30 1951 N.A N.A

1961 28.30 40.40 15.35 25.05 1961 12.95 19.75

1971 34.45 45.96 21.97 23.98 1971 12.71 31.01

1981 43.57 56.38 29.76 26.62 1981 33.02 44.55

1991 52.21 64.13 39.29 24.84 1991 N.A N.A2001 64.83 75.26 53.67 21.59 2001 55.52 66.60

2011 74.04 82.14 65.46 16.68 2011 68.74 78.26

Source: Census of India (provisional) 2011.Note: - literacy rates for 1961, 1971 &1981 related to population aged 5 years above. The literacy rates for the years 2001 & 2011 related to the population aged 7 years and above. This table is clearly depicting that the overall literacy has increased from 64.8% in 2001 to 74.04% in India and in Jammu and Kashmir the overall literacy rate has increased more rapidly than the national level 55.52% in 2001 to 68.74% in 2011. The improvement in female literacy has been more rapid than the male literacy in both India and Jammu and Kashmir and the gender gap has declined to 16.68% in 2011 from 21.59% points in 2001. From this examination, one can understand that still the women literacy rate is lagging behind men literacy rate. This higher rate of women illiteracy is certainly attributing for women dependency on men and to play a minor role in the family. Women pause behind man in various social indicators like education, political, health and economic opportunities. Therefore, they require special attention due to their weakness and short of access to resources. Illiteracy is the root cause of female exploitation and oppression. So promoting education among female is of immense importance in empowering them to attain their goals at same level with males in different spheres of life. Therefore, the table given above is clearly depicting that there is a gender disparity in education, both in India and in the state of Jammu and Kashmir.EDUCATION FOR EQUALITY AND DEVELOPMENT The contacts between gender egalitarianism and sustainable development are obvious in areas like health, political participation, education etc. Most of the studies, which is conducted in developing countries, showed that more access to women education can give more positive returns in improved family health, reduced family size and greater productivity in economic fields. Therefore, the educational status of women increased day by day, a major improvement in the area of enrolment of girls and boys in school also increased. Thus, the higher participation of female in literacy campaigns,

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the gender gap in literacy levels has gradually decreased. There has been an expansion of awareness throughout the nation among families and women on need for education. Therefore, the educated women take participation in economic activities and pay the way for overall development of the nation. Table 2: Districts wise-literacy rate of Jammu and Kashmir, 2011

Rank District Persons % Males % Females%

1 Kupwara 66.92 77.10 54.79

2 Badgam 57.98 68.18 46.60

3 Leh 80.48 89.39 64.52

4 Kargil 74.49 86.73 58.05

5 Punch 68.69 81.04 54.80

6 Rajouri 68.54 78.38 57.20

7 Kathua 73.50 81.40 64.56

8 Baramula 66.93 77.35 55.01

9 Bandipore 57.82 68.41 46.24

10 Srinagar 71.21 78.01 63.47

11 Ganderbal 59.99 70.74 47.62

12 Pulwama 65.00 75.41 53.81

13 Shupiyan 62.49 71.86 52.77

14 Anantnag 64.32 74.13 54.15

15 Kulgam 60.35 70.59 49.74

16 Doda 65.97 80.36 50.34

17 Ramban 56.90 71.97 40.04

18 Kishtwar 58.54 71.75 44.13

19 Udhampur 69.90 79.93 58.22

22 Reasi 59.42 69.93 47.55

21 Jammu 83.98 89.77 77.41

22 Samba 82.48 89.76 74.39

J & K 68.74 78.26 58.01Source: census of India, provisional, paper 1 of 2011 Jammu and Kashmir. According to the table-2 the districts wise male and female literacy rate had an average of 78.26% of male and 58.01% of female in Jammu and Kashmir. This table is clearly shows that male literacy rate is higher than female literacy rate in Jammu and Kashmir. Further analysis of the table depicts that the Jammu district has high female literacy rate 77.41% as compared to other districts of the state. There is no doubt; woman literacy rate has increased from the last two decades but still far away from the national average levels. State and central Government of India has been taken various initiatives to educate women. CONCLUSIONEmpowerment is a multidimensional process, which enables women to recognize their full potential and powers in all the spheres of life. Education is a landmark of women empowerment because it enables them to control over their lives and be strong enough to challenge and change their subordinate position in the society. Education of women has a long lasting impact on the status of women in a society. Apart from providing basic knowledge and skills to get independent earning opportunities to raise their economic status, it enables them to participate actively in the developmental process. Educated women could lead new socio-economic life by acquiring social awareness, increase in self-confidence and personality development and improve their status in the family. Therefore, there is a significant impact on the women through the education programmes in empowering them.

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REFERENCES

1. Agerwal, Usha (1995). Indian Women Education and Development, The Indian Publications, Ambala.2. Somasekhar, k. (2007). Empowerment of women: A look into the Impact of Education Programmes, in

Lakshmipati Raju Madunuri and Venkateswarlu Vankayapati (ed.): Women Empowerment Challenges and Strategies. Regal Publication, New Delhi,

3. Sharma, Ajai Pal (2013). Rural Women Empowerment –An analytical View, Kurukshetra, A Journal on Rural development, Vol.61, No.10, Pages 52, August 2013

4. Government of India, provisional Census of India 2011 5. Khan, F. A. (2005). Other Communities, Other Histories: A Study of Women and Education in Kashmir,

in Zoya Hassan and Ritu Menon (ed.): In A Minority: Essays on Muslim Women in India. Oxford University Press, New Delhi,

6. Suguna, M. (2011). Education and Women Empowerment in India,International Journal of Multidisciplinary Research Vol.1 Issue 8, December 2011,

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KASHMIRI STONE PELTERS: A PSYCHOLOGICAL PERSPECTIVE

Shar-Ul-Nisa-Haroon* & Amrita Sharma* Roomana N. Siddiqui**

ABSTRACT

In the history of the Kashmir agitation a marked change was visible in recent times. From armed protests there was a shift towards stone pelting. The perception of Kashmiris in relation to the rest of the country still remained the same, that is, a sense of dejection and frustration at the lack of facility. It was the realization that armed protest for a consistently long duration did not bring in the desired results hence the outlet of frustration changed from extreme form of aggression to a symbolic form that of stone pelting. The present study attempts to investigate the real motives behind this new form of agitation in the Kashmir valley. The data was collected from (15) protesters directly while they were pelting stones. It was a qualitative study where a photograph of a boy holding a stone in hand was shown to the participants and they were asked to narrate a story relating to that picture. Once the participants narrated the story they were asked some direct open ended questions relating to stone pelting. The content analysis revealed that the youths of Kashmir realized that militancy was not helping them further their demand for a separate state. However, it was instrumental in labelling them as terrorist so they picked up the stone that became a symbol of resistance against exploitation.

Keywords: Stone pelting, frustration, aggressionKashmiri stone pelters: A psychological perspective

Jammu and Kashmir, a paradise on earth witnessed decades of violence in the form of militancy or insurgency. Militancy started in 1989, with hundreds of young men going across the border or succumbing to violence. Militancy is a consequence of a vacuum created by the collapse of politics in Kashmir (Puri, 1995). The turmoil in the region has resulted not only in thousands of deaths but inflicted serious wounds on the mind, body and hearts of those exposed to it both directly and indirectly. It further tormented the identity as well as the psyche of people that has long-term consequences. As the region is strategically placed in the geopolitical sense, militancy led to heavy militarization, which further escalated the sense of insecurity. Jammu and Kashmir civil coalitation society (JKCCS Report,2010) categorized Kashmir as the most heavily militarized place in the world as there were 500,000-700,000 soldiers with roughly one soldier for every ten civilians. According to report among 35-lakh population 55% are armed forces giving Kashmiri’s a sense of trepidation. As history reveals, From January 1989 to 31 March 2010, the total number of killing by the armed forces reached 93,544, numbers of custodial killings 6982 and number of civilian arrested 118,874(JKCCS Report 2010). The heavy presence of armed forces with their special powers along with the increasing social turmoil choked the voices of people. It is this subjugation and voiceless-ness that has brewed

Research scholar*, Department. of PsychologyAssociate professor**, Department of PsychologyProfessor***, Department of Psychology

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up a fury amongst the young generation, which needed a channel for venting. The expression of their anger and frustration in recent times came up in the form of a stone war called “stone pelting”.

Stone pelting became a routine feature of street protests in Kashmir since the summer of 2008 following the decision of the state government to transfer 100 acres (0.40 km2) of land to a trust which runs the Hindu Amarnath shrine in the Muslim-majority Kashmir valley. As a mark of protest massive demonstrations were witnessed. In the narrow lanes of Kashmir, stones and bricks flew like flocks of birds, followed by gun shots and tear smoke canisters fired from automatic rifles pitting medieval fighters against modern warfare. It gained greater momentum after April 2010, when three youth were allegedly killed in fake encounters in Machhil. The death of a schoolboy namely Tufail Matto was a trigger that ignited a gargantuan explosion of resentment, something that Kashmir had never seen. Though the resentment had been brewing up for a long time, it was the death of a boy due to teargas that served as a flashpoint in the ongoing protests. The entire valley was on blaze, as mass protest erupted all over. In June 2010 alone Kashmir witnessed more than 111 deaths that were caused by the armed forces firing upon the protesting crowds and leading people to more agony and frustration.

As history reveals stone pelting was not new to Kashmir, during the Quit Kashmir movement in the 1930’s Kashmiris first expressed their anger on the streets of Srinagar. The fourth generation of Kashmir is today doing what the first generation did some sixty to seventy years ago; they were venting their anger and frustration against the political system through street resistance. “Resistance” is most readily thought to refer to social movements (or the even broader categories of “protest” (Jasper, 1997) and “contentious politics” (McAdam et al., 2001); therefore, many activities traditionally associated with these phenomena, such as marches, picketing, and the formation of organizations fall into this category (Dunaway, 1996; Hughes et al., 1995; McAdam, 1982; Morris, 1984; Rapone and Simpson, 1996; Robinson, 1995; Rupp and Taylor, 1987; Silva, 1997). It would be appropriate to say that in this environment of political and economic suffocation, this street resistance means “psychological catharsis” (Naqvi & Motta, 2010). There is a clear action and reaction pattern involved. The pent up anger, frustration and aspiration of entire generation gets crystallized into the brick, a boulder or a pebble. Stone pelting may happen sporadically in the event of mass protest especially when the protestors reach an escalating point with the authorities mainly law enforcing agencies. But in the Kashmir problem as also seen in the Palestine movement stone pelting were not sporadic events triggered by the context. They appear to be well organized and considered a strategically viable tool to confront the authorities. Stone pelting is known as “Stone Movement against Bullets”. It is this juxtaposition that gives an edge to the protestors. Pitted against the bullet they get the sympathy of the audience and at the same time they are able to put forward their point of view by compelling the authorities to take cognizance of their demands.

Purpose of the studySince the summer of 2008 “stone-pelting” became a regular feature on the streets and was a new phenomenon witnessed in the valley in recent times. The protestors engaged in stone pelting were very young adolescents who wore masks and mobilized quickly in the streets. It is this alacrity and enthusiasm for stone pelting by the young generation of kashmiri’s that led us to investigate the view point of those involved in the act. This research mainly tries to explore how the young protestors on the street saw this strategy vis a vis the ongoing Kashmir issue. Did they understand its significance as a strategy or was it just a form of street protest for local issue. The main objective of the study was to find out the reasons of stone pelting from the protestors themselves.

MethodSampleThe present study was conducted on fifteen protesters in the age range of 16-25 years. These were

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Kashmiri youth who were directly involved in stone pelting. All the 15 participants were male as there was no involvement of female in such protests. The respondent came from different residential background as 12 of them came from urban area and 3 belonged to rural. The educational background of the 15 participants indicate that 3 were perusing Masters, 9 were graduates, 2 belonged to the 12th standard and 1 was from the10th standard.

Measure The study aimed to understand the stone pelters and the meaning of stone pelting from the stone pelters’ perspective; hence the qualitative method was used. The investigation attempts to explore the real motives behind the agitation. For the purpose of data collection a photograph of a stone pelter with stone in hand was used. The respondent was shown the picture and they were asked open-ended questions relating to the reasons behind stone pelting and also tried to explore the meaning of the stone for them. Each respondent were asked the following questions:

1) What is your dream in life?

2) What is your dream for Kashmir?

3) What is your contribution as a stone pelter in the development of valley?

4) What are the reasons for engaging in stone pelting?

5) What does stone meant for you?

6) Will stone pelting lead to desired changes?

ProcedureFor data collection, protesters were personally approached in District Baramulla and Srinagar that were highly tense areas during these agitations. The protesters were identified and assessed for their daily involvement in the protests. They were convinced about the purpose of the study and were assured about the confidentiality of their responses. They were assured that the study was purely for research purpose only. Once they agreed to participate they were shown the photograph (Boy with stone in hand) individually and were asked to narrate the story about the boy. They were also encouraged to answer some open-ended questions. The data was collected from the scene of action, where one such demonstration was going on. Each protester was requested to participate in the study. As it was not possible to contact many respondents from the same scene so different protesters were approached at different places, but from different scenes the respondents were the active participants of ongoing agitation. After obtaining their response the participants were thanked for their cooperation and participation.

ResultsContent analysisThe data collected for this study was qualitative in nature. All the fifteen response sheets were analyzed and the percentage of each emerging theme was calculated. Based on the content analysis the results are being presented. The main focus is to highlight the highly endorsed and the least endorsed categories across the responses.

Table1. Highly endorsed responses of stone pelters Responses % of responses

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Separate country 57%

Proving that we are not terrorists

39%

Table 1 depicts percentage of highly endorsed response in the narration of the photograph “Boy holding stone in hand”. If a particular theme occurred more than once in a narration it was counted as a separate response. The table shows that the most of the respondents have the opinion that the boy became a stone pelter for furthering the Kashmiris demand of a separate country (57%). It is further clear that another recurrent theme was that these stone pelters want to impress that they are not terrorists (39%). Table2. Less endorsed responses of stone pelters

Responses % of responsesPride and honors 2 %

Indian imperialism 2 %

Table 2 indicates that stone pelting was not for the pride and honor of Kashmiri people or in any way against the Indian imperialism. They are highly affected by identity factor not by any other. The respondents are themselves the sufferers and they narrated their motives in the form of narration. It shows that terrorism, as a tool for separatism seems to have lost its appeal in Jammu and Kashmir. Table3. Highly endorsed responses on “their dream in life”

Responses % of responsesMove freely 74%

Join politics 15%

Table 3 presents highly endorsed responses of the question asking about the dream of subject’s life. The most strongly endorsed response appears to be the desire for free movement (74%) followed by a desire to take active part in politics (15%). Table4. Less endorsed response for “their dream in life”

Responses % of responsesEnjoy rights 6%

Freedom fighters 5%

Table 4 present the less endorsed responses of the question asking for their dream in life. Despite the fact that they reported that they wanted a separate state but enjoying rights (6%) was a least endorsed response. This was followed by the desire of being a martyr or freedom fighter (5%), which often appears to be the main motive in ongoing separatist movements. Table5.Highly endorsed responses for “their dream for Kashmir”

Responses % of responses

Independent 52%No armed force 23%Free from exploitation 13%

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Table 5 indicates the high endorsed responses for the question related to the dream for Kashmir that the youth wanted an independent state (52%) with no armed forces in Kashmir valley (23%) and a state which should be the free from exploitation (13%).Table6. Less endorsed responses for “their dream for Kashmir”

Responses % of responsesDeveloped state 8%Proper administration 4%

Table 6 presents the least endorsed responses on question of dream of protesters for Kashmir and it is surprisingly development (8%) and proper administration of the state (4%).Table7. Highly endorsed responses for the contribution of stone pelting in the development of Kashmir

Responses % of responsesResistance 61%Leading government in proper hands

32%

Table 7 shows the high endorsed reposes for question asked about how stone pelting will contribute to the development of Kashmir a large number of response said that stone pelting was a mark of resistance against the lethargy of government. It was basically used as a pressure tactic against the lack of willpower on the part of the government for proper development. The second highly endorsed response also is a pointer to the first where the stone pelters feels that it will help them to transfer power of governance into those hands that will provide good governance.Table8.Less endorsed responses for the contribution of stone pelting in the development of Kashmir

Responses % of responsesMessage to others 5%Standing against a cause 2%

Table 8 shows in comparison to the highly endorsed response the less endorsed response (in table 8) depicts that sending a message to others or just standing for a cause was not the most important reason that could further development. Table9. Highly endorsed responses for the reason engaging in stone pelting

Responses % of responsesGun label us as terrorists 69%

Repression against armed forces

26%

Table 9 highlights the responses when protesters were asked about the reason for engaging in stone pelting the most interesting response that happens to be the most endorsed response (69%) was that Kashmir does not want them to be labeled as terrorist. At the same time stone pelting was an expression against the repression of armed forces.Table 10.Less endorsed responses for the reason engaging in stone pelting


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Weapon for self determination 3%Injustice 2%

Table 10 shows the less endorsed responses of participants for the reason to engage in the protest and they responded that stone pelting was not seen as weapon for self determination or protest against injustice in comparison to the highly endorsed responses.

Responses % o f responses

Weapon against injustice 43%

Reflection of pain 32%

Symbol of resistance 22%

Table11. Highly endorsed responses for what does stone meant for you?

Table 11 depicts the response in relation to the meaning of ‘stone’ for a stone pelter. Again the highly endorsed response shows that stone is being used as a weapon against oppression. It epitomizes the pain of the Kashmiri youth and is used as a symbol for resistance.Table12. Less endorsed responses for what does stone meant for you?

Responses % of responsesMessage 2%Atom bomb 1%

Table 12 clearly highlights that the protestors do not associate it with any message or they do not view it as atom bomb a clear departure from the days of armed resistance.Table13. Highly endorsed responses for question will this stone pelting lead to desired changes?

Responses % of responsesCaused deaf to hear 42%

Indian forces will leave the state 29%Delegation and talks will be possible

15%

Table 14 shows while responding to the question of how stone pelting will bring about the desired results the youth felt their act of stone pelting will force the government or concerned authorities to at least hear their problems followed by the need to free the state of the presence of heavy armed forces. They felt that it would also open dialogues with concerned people.

Table14. Less endorsed responses for the question will this stone pelting lead to desired changes?


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Shake the government 8%Aware people 6%

Table 14 shows that the least endorsed response is not of shaking the establishment or spreading awareness about the issue for which they were protesting.DISCUSSIONThe study aimed at unraveling the psychological dynamics behind the stone-pelting phenomenon that became a recurrent form of protest in the Kashmir valley. Looking back retrospectively one can see a gradual change in the manner of protests, from armed uprising, to organized targeting of political establishment to peaceful closures of entire valley and then stone pelting. The movement for self determination and freedom have not changed, only the rhetoric and the strategy around it has taken a new form. Much has been written on the Kashmir problem in terms of cause and consequences but little focus has been on the changing pattern of strategies adopted by the leaders and the masses. One crucial problem generally ignored in the earlier literature on movements has been that of movement strategy (Turner, 1970). We generally focus on the aim of movement and ignore the strategy used. This study tries to focus on the change in strategy that is before it was “gun” which got replaced by “stones”.

Going through the responses of the protestors it appears that it is simply a change in the attitude and strategy to get self-determination. Kashmiri’s still dream for an independent land and they feel that the stone will serve as a catalyst in this demand. Long protracted armed uprising have not yielded the desired results. It not only resulted in heavy casualties, in terms of life and property, but has also led to stereotyping in terms of being labeled as a “terrorist”. This had wide personal and social implications for them and their families. Steele, (1997) rightly points out that societal stereotypes about groups can influence the intellectual functioning and identity development of individual group members. As a consequence of this label they regularly confront prejudice and discrimination and receive less help (Crosby, Bromley, & Saxe 1980) and face glass ceilings in terms of career advancement (Morrison and Von Glinow 1990), fewer positive nonverbal cues (Word, Zanna, & Cooper 1974) and encounter awkward social interactions more frequently (Hebl, Tickel, & Heatherton 2000).The stone for these protestors epitomized as a symbol of resistance. It also served as a catharsis where they could vent up their pent up frustrations and aggression against the system, which they held responsible for their current state both individually and collectively. For long residents of Kashmir have felt betrayed and discriminated in comparison to other parts of the country. This has resulted in a sense of alienation and betrayal. Gurr (1970) noted that violence tended to occur when groups perceived a gap between what they believe they are entitled to from their political system and what they receive. When a group is absolutely or relatively deprived they rebel (Murphy, 2001; Kristof, 2002). This perception of deprivation and helplessness amongst the young generation of Kashmiri’s serve as a breeding ground for protest. As a result they participated in great numbers in these street protest. The stone according to them provides a voice to the common man against exploitation without harming their identity and with the full support of their community. These youngsters were very clear that the decision of using stones in place of guns was to avoid being stigmatized as terrorists, and at the same time make the deaf authorities take cognizance of their demands. Lipsky (1968) pointed out that acts of protest are a significant way to secure public support. At the time of the interview a delegation was send by the government of India to talk with the separatist and the common man of Kashmir to get a real perspective on the issue. This was seen as a moment of victory by the stone pelters as they felt that this unassuming way of protest did atleast compel the authorities to pay attention to their cause.The highly endorsed responses give a clear indication that these young students did not see the present social and political condition in the region as conducive for a better and free life. Due to the presence of armed forces with special powers along with the restrictions imposed by them on a regular basis

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these youths were feeling stifled. As a result they dreamt of ‘free movement’ where they will be no armed forces. They are also concerned about their future and aspirations. Most of them felt that by joining politics they might be able to bring about the desired change. The positive sign in this study was that though the protestors felt that the political system was not responsive and sensitive to their problems and issues but they were aware that political means and not militancy might be the right way forward. The recurrent emphasis was on changing the present nature of the political system as a considerable number of them endorsed the response of leading the government in the correct hands. They desired to have a corruption free administration that could help them realize their dreams and that was not exploitative in nature. Looking at the least endorsed response one gets a sense that as the respondents were young students their understanding of the ideology behind the protest was not very crystallized. In response to one question the highly endorsed response was to have a separate country and independence but in response to another question the least endorsed response was freedom fighters or stone as weapon for self-determination. At one end they felt that this form of protest will help them change the government but on the other hand they also felt that the protest was not elated to issue of proper administration and injustice. Autobiographies and studies of activists (e.g. Biko, 1988; Burns, 1990; Cluster, 1979; Haley, 1980, Teske, 1997) repeatedly show that people do not enter collective movements with full-fledged movement ideologies but that they develop their understanding of society and who they are within it as a consequence of participation. It appears that these boys were also trying to understand the significance of the movement and its wider ramification for their community.In conclusion on can say that stone pelting appears a strategic move where the message is given in a manner, which is not considered anti social or antinational. At the same time the boys do not have to face the wrath of their family members as the mob shields their identity. Le Bon, Masterman (1910) claimed that personality which individuals displayed in the crowd is to be explained as a consequence of the lowering of the sense of personal, moral responsibility which crowd activity engendered. This anonymity not only empowers them but also wins the support of the mass. According to these youngsters they are more influential in mobs as they can move masses. Mobs give them a perceived support and encourage a diffusion of responsibility. While engaging for the community they also are conscious of their personal lives, as they don’t want to be targeted or stigmatized.

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Biko, S. (1988). I Write What I Like. Harmondsworth: Penguin.B, Rahul. (2010, May 3).Tackling the challenge of stone pelting. Institute of peace and conflict studies developing

an alternative framework for peace and security in the region. India- Articles#3108.Burns, S. (1990). Social Movement of the 1960’s.Boston: Twayne.B, W., Brehm. (1966).A Theory of psychological reactance. Edited by Leon Festinger & Stanley Schacter.Academic Press: New York. London.Buss, A. (1961).The Psychology of Agression, Wiley Press; New York.Cluster, D. (1979). They should have served that cup of coffee. Boston: South End Press. Din,U.Z.(2010,January14).Tracing the history of kanijung/Kashmir global,www.kashmirglobal.com/?p=439-

cached.Dollard, J.,Doob,L.,Miller,N.,Mowerer,O.H.,& Sears,R.R(1939).Frustration Aggression. New Haven, CT: Yale

University Press.Gurr, T.R. (1970). Why Men Rebel. Princeton: Princeton University Press.Haley, A. (1980). The Autobiography of Malcolm X.Harmondsworth: Penguin.Imroz, P. (2010).State of Human Rights in Jammu and Kashmir 1990-2005. Jammu and Kashmir Coalition of

Civil Society (Report). Compiled and Collated by Public Commission on Human Rights, Srinagar.Iqbal, F. (2010, July 25). An absolute failure. The recent crisis has proved it that leadership from both the sides

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has let us down. Greater Kashmir Srinagar.Jaleel, M., (2010, July 5). Valley Stone War. Greater Kashmir Srinagar.Kak, S. (2010, August 8). The last option: A stone in her hand. (Special report), Times of India, New Delhi.Kawoosa, T. (2010) How long shall we suffer. Greater Kashmir Srinagar; July 19 2010.MondayKristof, N. (2002). “Can Terrorism Be Beaten by Military Means” Global Policy Forum. http://www.metck.org.Leonard. (1969). The Frustration-Aggression Hypothesis revisited, in: Berokowitz(Ed.). Roots of Stone pelting is the symptoms; address the root cause .times of india.indiatimes.com/2010-07-12/edit

page/28298227 Kashmir issue fake encounter.Steele, C.M. (1997). A threat in the air: How stereotypes shape intellectual identity and performance. American Psychologist, 52, 613-629.Talib, T.A. (2010, May 18).Why not uprising in the darkest area of India. www.ipcs.org/article/india/india

retrieved on July 9th, 2011. India Articles #3129. The Armed Force (Jammu and Kashmir). Special Power Act, 1990.Indian Ministry of law and justice published

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Worchel, S., (1974). The Effects of three types of arbitrary thwarting on the Instigator to Aggression. Journal of Personality, 42,301-318.

Zargar, S.A., (2010, August 8).Who will cry for them? Greater Kashmir Srinagar (Special).

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RELIGIOSITY AND MODERNISM AMONG YOUTH

Iram Feroz and Asma Parveen

ABSTRACTIn the present study an attempt has been made to find the relationship between religiosity and modernism amongst male and female youths, randomly selected from Aligarh Muslim University, Aligarh. The sample consists of 200 youths- both male and female. In all 100 male and 100 female youths aged between 18 to 25 years were sampled using Religious attitude scale developed by R. Krishnaraj and P.S. Balasubramariam and modernism scale developed by Francisco et. al,. Data collected were juxtaposed with each other and analyzed by mean of correlation method. Findings thus accrued revealed a significantly positive relationship between religiosity and modernism amongst male and female youths. The present study emphasized that religiosity fosters modernism by providing a structure of belief with which to make sense of one’s life.Key words: Religiosity, Modernism, Youth

INTRODUCTIONReligion is a set of beliefs and practices often organized around supernatural and moral claims, and codified as prayer, ritual and religious laws. Religion also encompasses ancestral or cultural traditions, writings, history, and mythology, as well as personal faith and mystic experiences. The term ‘religion’ refers to both personal practices related to communal faith and to group rituals and communication stemming from sheer conviction.

Religion is an element of culture that pervades every aspect of a society and permeates the life of individuals whether one is a believer or a non-believer. Cultural dimensions are very dynamic in a society, but religious tenets form a stable and static pillar in the society. Emmons (1999) argued that ‘‘religion, as authoritative faith traditions, are systems of information that provide individuals with knowledge and resources for living a life of purpose and direction’’. According to Johnson and Sandage (1999) religion should be defined functionally besides being defined in terms of certain human activities such as ritualistic behavior. Contemporarily, the impact of religion on public domain, as on politics and economy has been weakened. However, their impacts on private domain like attitudes of people, norms, and family is still continuing and they become more modern (Halman, Pettersson, and Verweij, 1999; Thomas and Cornwall, 1990). Religion has had a fundamental role in the destiny of all periods of history and society, including the modern world. Modernism, in its broadest definition, is modern thought, character, or practice. More specifically, the term describes both a set of cultural tendencies and an array of associated cultural movements, originally arising from wide scale and far reaching changes to society in the late 19th and early 20th centuries. Modernism was a revolt against the conservative values of realism (John Barth 1979 and Gerald Graff 1975).The term modernism encompasses the activities and output of those who felt *Research Scholar, Deptt. of Psychology, A.M.U., Aligarh** Associate Professor in Psychology, A.M.U., Aligarh

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the traditional forms of art, architecture, literature, religious faith, social organization and daily life were becoming outdated in the new economic, social, and political conditions of an emerging fully industrialized world. Modernism can be defined as the emergence of a global, scientific technological culture since the industrial revolution, and especially during the latter half of the twentieth century (Kurtz, 1995). Modernity is not a matter of personal opinion or taste and being modern cannot be translated into some kind of psychological or ethical state of being. Although it is true that the modern youth is the one who adapts to the call and changes of his times, however, the age and times of modernity cannot really be confined to a limited time period. Modernism is the process of social transition, which includes not only modernization of social objects but also that of social subjects. The modernization of social subjects means the modernization of people’s thoughts, opinions, attitudes and behavior which reflects the youth modernization or youth modernity. Each complements another, as there is an interaction between them. Youth modernity refers to the modernization of youth’s thoughts, viewpoints, and attitudes and behavior. Youth period is considered the period of highest susceptibility to the social and political forces they encounter (Alwin, et, al 1991;Schuman and Rieger 1992; Schuman and Rodgers 2004; Schuman & Scott 1989; Pennebaker and Banasik 1997). As the time went by, there arose another need no less important than the earlier one. Since, for a variety of reasons, the youth had been estranged from its own tradition, especially from the intellectual heritage of its own civilization, the need to understand the West was coupled with an equally imperative requirement to explain and present the Islamic civilization to them in a manner that would enable them to really appreciate its sacred character and intellectual richness and profundity. It is important to understand that in contrast to modern movements within the Western world and especially America, which try to equate man and woman in a quantitative way as if there were no differences between them.

Accordingly, understanding the factors that shape the attitudes and value orientations during formative periods of youth provides insights into critical processes such as the rise of religious fundamentalism. This is especially important for male and female youth in countries those currently undergoing severe social and political stress, where religion plays a dominant role and modernism rejected the lingering certainty of enlightenment thinking, and also that of the existence of a compassionate, all powerful Creator ( Pericles Lewis 2000; Taylor and Francis 1990). A critical dimension that shapes attitudes toward religion is the degree to which one relies on religious authorities as a source of knowledge about the sociopolitical role of religion. A person who relies on religious authorities may be more willing to espouse religious fundamentalist beliefs and attitudes than one who relies on potentially more secular sources such as friends, teachers and the media. Under religious pluralism, youth are subject to different and often diverse religious ideas. In such a context, they have the opportunity to assess these ideas and select from among different religious goods and services in order to satisfy their spiritual needs (Finke and Stark 1988).OBJECTIVES OF THE STUDY:1. To identify gender difference on religious attitude.2. To identify the gender difference on modernism.3. To identify the relationship between religious attitude and modernism among youth.HYPOTHESES:1. There would be a gender difference in religious attitude.2. There would be a gender difference in modernism. 3. There would be relationship between religious attitude and modernism among youth.METHOD: Participants: The sample was comprised of 200 youths out of which 100 were male and 100 were female with age range 18 to 25 years. Total sample was randomly selected from the students of Aligarh Muslim University Aligarh. Measures:

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Modernism Questionnaire: It is developed by Francisco and his associates. It has 56 items. It is a Likert type 5 point scale with response categories ranging from ‘I disagree strongly’, ‘I disagree’, ‘I don’t agree nor disagree’, ‘I agree’, to ‘I agree strongly’. Religious Attitude Scale: This scale is developed by R. Krishnaraj and P.S. Balasubramanian. It has 34 items and it is also a Likert type 5 point scale with 5 response categories- ‘strongly agree’, ‘agree’, ‘undecided’, ‘disagree’, and ‘strongly disagree’. Data Analysis: ‘t’ test was applied to see the comparison of means between two groups of youth on religious attitude and modernism. Further researcher used ‘correlation’ to measure relationship between religious attitude and modernism among female and male youths. Results and Discussion: Results were obtained to analyze the objective of the study i.e. to see comparison between male and female youths on religious attitude and modernism and to find out relationship between religious attitude and modernism among male and female youths. Table 1: Comparison between Female and Male Youths on Religious Attitude

Group N Mean SD t Level of significance

Female 100 176.12 20.76 10.11 .05Male 100 153.86 21.25

Table ‘1’ shows that both female and male youths differ significantly with each other on religious attitude, it means both groups of youths have different levels of religious attitude. The mean and SD score of female youths was 176.12 and 20.76 respectively while the mean and SD score of male youths was 153.86 and 21.25 respectively. The higher mean score of female youths showed that they have high religious attitude as compared to male youths. Significant value of‘t’ indicates that both the groups differ significantly with each other. These results are supported by the studies conducted by Miller and Hoffmann, 1995; Warburg, Luchau, and Andersen, 1999; who found that a higher proportion of females than males report a greater interest in religion, that they believe in God, have a stronger religious commitment, and attend religious services more frequently. Two key explanations have been offered for these findings. The first concerns the different societal roles of men and women. This explanation suggests that lower participation in the labor force and greater responsibility for the upbringing of children lead women toward greater involvement in religion. Women’s roles are often viewed as including the transmission of religious values to the next generation (Warburg, Luchau, and Andersen, 1999). In addition, lower participation in the labor force implies that females have more time for religious activities and a greater need for a source of personal identity (Miller and Hoffmann, 1995). Another possible explanation for the perceived relationship between religiosity and gender involves the different socialization of men and women. It has been argued that females are taught to be more obedient and nurturing than males and such characteristics are related to higher degrees of religiosity (Miller and Hoffmann, 1995).Table 2: Comparison between Female and Male Youths on Modernism

Group N Mean SD t Level of significance

Female 100 82.33 21.74 5.22 .05Male 100 67.21 19.43

Is evident from table ‘2’ that both female and male youth differs significantly from each other on modernism, it means both group of youths have different levels of modernism. The mean and SD score of female youths was 82.33 and 21.74 respectively while the mean and SD score of male youths

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was 67.21 and 19.43 respectively. The higher mean score of female youths showed that they have high inclination towards modernism as compared to male youths. Significant value of ‘t’ indicates that both the groups differ significantly with each other on modernism. Present finding is supported by the study of Ghosh and Roy, 1997, modernization has contributed to better conditions for female, who have had greater educational and employment opportunities than in the past. Modernization process in India would have promoted gender equality and exposed female to not only increased education and employment opportunities, but also “to the same competitive pressures as male experience” (Mayer, 2000,).

Table 3: Correlation between Religious attitude and Modernism among youths

Variables Correlation coefficient (r) Female

Correlation coefficient (r) Male

Religious Attitude 0.51* 0.42*

Modernism

*P< 0.05 Table 3 indicates correlation coefficient between religious attitude and modernism for female youth. Correlation coefficient (r) is 0.51 which depicts a positive correlation between religious attitude and modernism. It means the increase in religious attitude lead the increase in modernism in female youth. Table 3 also shows correlation coefficient between religious attitude and modernism for male youth. Again a positive correlation was found between religious attitude and modernism among male youths with the r value of 0.42 which is significant at 0.05 level. It means when religious attitude increases modernism also increases in male youth. Miller and Hoffmann, (1995) also cited similar finding that the perceived relationship between religiosity and gender involves the different levels of modernization for females and males. It has been argued that females are taught to be more obedient and nurturing than males and such characteristics are related to higher degrees of religiosity.CONCLUSION: Religion will prevail and is preserved in all times, including the age of modernity. Even though at the time when modernity appears to stand strong and powerful, religion is seems to be providing the main base for modern man to stand upon and face the stress and strains of modern life style. In short, Religion is working as a bulwark against all negative strands that modern life style is embroiling the modern youth into.

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Taylor and Francis (1990), Modernism. p 60. Cambridge University PressThomas, D. L., and Cornwall, M. (1990). Religion and family in the 1980s: Discovery and development. Journal

of Marriage and the Family, 52, 983–992.Warburg, M., Luchau, P., and Andersen, P. B. (1999). Gender, profession, and non-conformal religiosity. Journal

of Contemporary Religion, 14, 277-290.

Websites:www.ccsenet.org/journal/index.php/ijms/article/download/8123/6158. 20/2/2011http://www.allamaiqbal.com/publications/journals/review/oct94/7.htm 24/2/2011 http://www.greaterkashmir.com/news/2011/Feb/7/iqbal-sir-syed-and-the-islamic-modernism-21.asp 11/3/2011http://epress.anu.edu.au/islamic/morality/pdf/ch06.pdf 14/3/2011http://www.alhassanain.com/english/articles/articles/beliefs_library/religious_and_sects/religion_and_

modernity/001.html 14/3/2011

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ETHICS VERSUS SCIENCE

M.K. SHARMA* AND ILIYAS KHAN**

I was perplexed seeing the current status of Ethics, as nobody was interested in it. People were not willing to take this subject up as their main subject. The young- gesters began to abuse its teachings given in the form of a story.There was a time when the mothers, at night, used to tell the stories to their children to make them all asleep. Besides this, our forefathers brought in existence the concepts of Namaskar, Salam, touching the feet as a humble offering, the tradition of veil, sitting in a corner of a cot, selecting the suitable boys and girls to get them married. Eating the food before the husband formidable, not to take any decision without consent of the head of the family, solving the matters by the head etc. From my stand point, they were the great people of their time; they did what they felt right. Their thinking and ideas were quite good. But today, when I see the new generation going against their traditions, I feel very sad and have nothing to stop them from violating the system of their forefathers. I ask you a question i.e. is there any such new thing as introduced by the people of the old time. They made people learn Namaskar, Salam, touching the feet etc. How great those people were! I salute them for introducing such wonderful concepts to run the society properly.The new generations do not feel comfortable with the traditions, brought in the existence by their forefathers. They happily call them narrow minded and nonsense. They don’t take much time to destroy the dignity of their family, reason being there, they want to get married with those girls whom they like and love. They don’t want to touch the feet of their parents, as it is nothing but a useless thing in their eyes, what benefit it brings to one’s life, simply nothing, but wastage of time. Touching the feet, according to them is nothing but wastage of time.At present, Ethics has died because of the shortage of its lovers. There are few people whom we may call its lovers, otherwise most of the people have taken their interest away and love to study Science, which is a reason based subject. Science is such a subject in which everything is proved in the laboratory using the equipments. Scientific explanation is there, which is considered authentic to prove the validity of a thing. Science has dominated everywhere. Everybody is showing his interest in it. It should be clear here how science has overcome Ethics. Those who have their interest in science have been found saying that Ethics is nothing but storage of stories, to them, hearing these stories, which leaves the different messages, is wasting time over useless things.Hindus, Muslims and Christians are trying to attach their religions with science that their religions are scientifically proved, which a nuisance is. I have seen many people saying that the things, which are stated in their holy books, are scientifically true and authentic. But it is a pity that there is no scientific explanation of the things, stated in Ethics, as we know well, it is a set of rules which implies how one can survive in a society.People in 21st century consider Namaskar, Salam and touching the feet a useless thing, according to them, what saying Salam and Namaskar brings, simply nothing but fulfilling the formalities to follow the traditions. They hate all the things of society, as these things don’t have scientific implications. They often ask this question why we are following the things of the old time. They want the elimination

*Research Scholars, Department of Philosophy, Aligarh Muslim University, Aligarh

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of the following things from their lives, are:i) Saying Salam, Namaskar, touching the feet, hearing the unnecessary lecture based on the

traditions should be restricted for a better life.

ii) Women should be allowed to act as per their choice. No rules and regulations should be imposed on them, to stop them from developing their personalities.

iii) They should be allowed to marry to the man, whom they have understood a lot spending some time in his company, whom they call their love. But let me state here, at present, love is nothing, but a physical desire which compels one to break the traditions to quench this desire. Let me give an example, which will make my point clear in this regard. A girl, whose dream is to be an actress, goes to Mumbai, having this view in her mind? She faces many problems there, namely, way of talking, deliverance of the dialogues, status; even then she is selected to work in a movie. Here, she compromises with all the terms and conditions, to become an actress. Here what is she doing? She is deceiving herself and her parents as well.

iv) I, as a student of Philosophy, would like to mention one thing here that the progresses and the promotions should be there in one’s life, but not by compromising with life, not by surpassing the voice of conscience. One, who compromises with life, can succeed in one’s life, but for a while.

v) I am in a fix why the people have gone crazy and at large, are breaking the rules and regulation of society. Through this piece of paper I am leaving a message that has hunger but never hurt the soul, to finish this hunger and desire. When you are in some trouble, people will come forward to help you out, but remember this point; nobody will ask you how you are!

vi) When you have sold your society stature in the hope of promotion and progress.

Concluding Remarks:I request you all, to come forward, to save the dignity of Ethics, as day by day its importance is declining, which is very hurting. There must be rules and regulations in one’s life, otherwise life will be like a vagabond.

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ROLE AND DEVELOPMENT OF ENGLISH AS AN OFFICIAL LANGUAGE IN INDIA AND ITS

CONSTITUTIONAL PROVISION

Firoz Ahmad*

ABSTRACTThe history of English language started in India in 1600s by the arrival of Englishmen in Mughal court. By the passes of time it started gaining popularity because of the expansion of British Empire in India. At beginning it was limited to Englishmen and elite section of Indian society, but social reformers like Raja Ram Mohan Roy and Rajunath Hari Navelkar persuaded British government to make it the language of higher education because of the vast literary and scientific treasures available in English language. In 1835 English was made official language by British government. After independence English became official language with Hindi side by side for 15 years. But later Official Language Act 1963 kept previous status of English as well as made it the language of UPSC, judiciary and central government’s acts and bills with a authorised Hindi translation. The paper will evaluate the development of English as an official language in India and its status in Indian Constitution.Key words: English, History, Official Language, Constitution.

Introduction: India is a multilingual country having more than one thousand native and foreign languages and their dialects. But the most important language of the country is English. It is the lingua franca of the country. It is the language of commerce, trade, business, higher education, administration, judiciary, media and communication. English language became integral part of Indian culture and society. Now in India more people speak English than its birth place ‘England’. English was brought in India by colonizers, at beginning it was considered their language but gradually Indians started learning it. In 1835 English was made official language as well as language of higher education. After independence Hindi in Devanagri script was made official language of Indian Union. It was planned that within 15 years Hindi will take place of English but it never happened, because of protests in many states. Now the importance of English is increasing day by day because of its demand in national and international markets.History of English in India: Vasco da Gama was the first European who searched a direct sea route between Europe and India. He was a Portuguese, who landed at Calicut on 20 may 1498. He obtained permission to trade in the city from the Raja. In 1502 Portuguese established first European trading center at Kollam, Kerala. The trading rivalries among Europeans brought

*Research scholar Dept. of education.A.M.U Aligarh. Email: [email protected]

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other European powers in India. For them India was “a land of spice and marvels”, they were not ready to loose profits from trading with India. Portuguese monopoly was challenged by Dutch and English. In 1580 Portugal was annexed to Spain. Spain was busy in the New World and did not give attention toward the East as a result the control of the East fell through their hands. Thus the route to the east was opened to the Dutch and English.

The Dutch arrived in India in 1595. The Dutch East India Company was chartered in 1602. The document establishing the British contact with Indian subcontinent was the Charter of December 31, 1600 granted by Queen Elizabeth I. It granted a monopoly on trade with India and the East to some merchants of London. Thus the English (later British) East India Company was formed (Kachru 1982: 353). The company’s objective was the spice of Indonesia, but because of Dutch opposition (e.g. massacre of Ambonia in 1623), they decided to change plan and go to India instead. The English won victory over some Portuguese territory in India as well as they got permission from Mughal court, to trade and to establish factories in return for goods and rarities from European markets. They established factories at Surat (1612), Madras (1639), Bombay (1668) and Calcutta (1690). The English trade became more profitable than that of the Dutch and the region gradually fell under British control and domination. French also challenged British supremacy over India. But after many Anglo-French wars British were able to gain control on Indian Subcontinent.Introduction of English in India can be divided into three phases. The first phase started in 1610s by the Christian missionaries. They taught people English language so that they can understand Christianity in better way. The second phase started at the end of eighteenth and at the beginning of nineteenth century when intellectuals became aware about the modern education, natural philosophy and scientific discoveries of the West. And only way to access these treasures of knowledge was learning English language. As a result, private enterprise colleges began to spring up in Bengal teaching western knowledge in English. Thus the spread of English was the result of the demand and willingness of local people to learn the language. There were prominent spokesmen like Raja Ram Mohan Roy and Rajunath Hari Navelkar among others who persuaded the officials of the East India Company to give instruction in English rather than in Sanskrit or Arabic. They thought that English would open the way for people to find out about scientific development of the West, the knowledge of Sanskrit, Persian, and Arabic or of Indian vernaculars would not contribute to this goal (Kachru, 1983: 67-68).A letter of Raja Ram Mohan Roy addressed to Lord Amherst (1773-1857) from the year 1823 is often presented as an evidence of local demand for English. Roy embraced European learning and in his opinion English provided with “the key to all knowledge, all the really useful knowledge which the world contains”. In the letter Roy, expressed his opinion that the available funds should be used for employing of talent and education to instruct the native of India in mathematics, natural philosophy, chemistry, anatomy and other useful science, which the natives of Europe have cared to a degree of perfection that has reused them above the inhabitant of other part of the world (quoted in Kachru 1983: 68).Roy’s letter has been claimed to be responsible for starting the Orientalist-Anglicist controversy, the controversy over which educational policy would be suitable for India. The third and most important phase of the introduction of English in India starts in 1835 when English was made language of administration, higher law courts and higher education by English Education Act 1835. The act is often quoted as ‘the real beginning of bilingualism in India. The act was brought by the efforts of Macaulay, who was an Anglicist. His famous and

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controversial minute namely ‘Manifesto of English Education in India’ gave very important arguments in favour of using English for education and administration. Thus English was established firmly as the medium of instruction and administration. The English language became popular because it opened the path for employment and government services.Need for an Official Language Selection of official language offered severe problem to the makers of the constitution simply because of the plurality of languages used by the vast population of the country. It is somewhat bewildering to think that no less than 1,652 spoken languages including 63 non-Indian languages are current in this sub-continent. The makers of the constitution had therefore, to select some of these languages as the constitutional languages. The number of people speaking each of these 1,652 languages was not anything like proportionate and some 22 languages could easily be picked up as the major languages of India, used by 91 percent of the total population of country. Eighth schedule of our constitution includes 22 languages. Hindi, including its kindred variants Urdu and Hindustani could claim 46 per cent. Hindi in Devanagri script was accordingly prescribed as the official language of the Union (subject to the continence of English for the same purpose for the limited period of 15 years. Art. 351).

Official Language: The constitution of India states that “The official language of the Union shall be Hindi in Devanagri script but for a period of 15 years from the commencement of this constitution, the English language shall continue to be used for all the official purpose of the union for which it was being used immediately before such commencement even after the expiry of the above period of 15 years. Parliament may by law provide for the use of English language or Devanagri form of numeral, for such purpose as may be specified as law”. (The Constitution of India, Art. 343) English would continue to be the official language of the Union side by side with Hindi, until 1969. Thereafter the use of English for any purpose will depend on Parliamentary legislation. Parliament has made this law by enacting the official language act, 1963 which will be presently noted.Official language Commission: Article 344 provided for the setting up of a language commission after five years and thereafter every ten years to make recommendation to the President

(i) The progressive use of Hindi for official purpose.(ii) Restricting the use of English for official purpose.(iii) The language to be used in High court and Supreme Court.(iv) Form of numeral to be used.(v) And any matter regarding the official language of the union and a state or between

the states.

First Official Language Commission: The first official language commission was appointed in 1956 under the chairmanship of B.G. Kher. It submitted its report in 1956. The report was presented to the parliament in 1957 and examined by Joint parliamentary committee JPC (a committee of 30 members of two Houses of the parliament). Recommendations of the report of the commission were as follows. English should be the principal official language and Hindi the subsidiary official language till 1965. After 1965 when Hindi becomes the principle official language of Union,

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English should continue as the subsidiary official language. No restriction should be imposed for the present on the use of English for any of the purposes of the Union and provision should be made in term of Clause 37 of Art. 343 for the continued use of English even after 1965 for purposes to be specified by parliament by law as long as may be necessary.The Standing Commission: In pursuance of the Joint Parliamentary Committee’s recommendations President issued an order on April 27, 1960. Under this order two commission were constituted, one under the Ministry of Education and other under the Ministry of Law to evolve Hindi equivalent. Following inter alia were adopted in the president’s order:(i) English shall continue to be the medium of the examination for the recruitment

through the Union Public Service Commission (UPSC). After some time, Hindi may be admitted as an alternative medium. Thus both Hindi and English being available as the medium of the examinations for the candidates.

(ii) Parliamentary legislation may continue to be in English but an authorized translation should be provided in Hindi. For this purpose the ministry of law has been directed to provide such translation and also to initiate legislation to provide an authorized Hindi translation of the text of the ‘acts’ passed by the Parliament.

(iii) Where the original text of bills introduced or acts passed by a state legislature is in a language other than the Hindi, a Hindi translation may be published with it besides an English translation as provided in Clause (3) of Art. 348.

(iv) When the time comes for the changeover, Hindi shall be the language of the Supreme Court.

(v) Similarly, when the time comes, Hindi shall ordinarily be the language of judgments, decrees or orders of the court in all regions. But after undertaking necessary legislation, the use of a regional official language may be made of optional instead of Hindi, with the previous consent of the President.

Inter-state Communication: Article 345 seeks to tackle the issue of official language for the inter-state communication at the governmental level. The Legislature of a state may by law adopt any one or more of the languages in use in the state or Hindi for all or any of the official purposes and until that is done, English may continue to be used as hitherto in force. The language authorized to be used as the official language for communication between the states and between a state and the union. But two or more states were free to agree to use Hindi for communication themselves (Article 346). The 1963 official language Act provides that for purpose of the communication between the union and the non-Hindi states English shall be used. Where Hindi is used for communication between Hindi and non-Hindi states, such communication shall be accompanied by an English translation. All proceeding in the Supreme Court and in every high court,(a) The Authoritative texts –

(i) Of all bills to be introduced or amendments there to be moved in either House of legislature of a state

(ii) Of all acts passed by parliament or the Legislature of a state and of all ordinances promulgated by the President or the Governor of a state, and

(iii) Of all orders, rules, regulation and by laws issued under this constitution or under any law made by Language to be used in the Supreme Court and in the

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High Court and for Acts, Bills, etc.parliament or the large stature of the state, Shall be in the English Proceedings in the High Court of the state, but not in judgment, decree or orders which must continue to be in English until parliament by law otherwise provides) (Art. 348) The foregoing provision of the constitution are now to be read to be subject to the modification made by the official language act, 1963 and the authorized Translation (Central Law) Act 1973 the new Art 394A, inserted in the constitution in 1987.Official language Act, 1963 The provision of official language act (amended as)(1) Continuance of English language for official purposes of the Union and for use in

parliament.(A) Notwithstanding the expiration of the period of 15 years from the commencement of the constitution. The English language may, as from the appointed day, continue to be used, in addition to Hindi(ii) For all the official purposes of the union for which it was being used immediately before that day; and(iii) for the transaction of business in Parliament

Authorized Hindi translation of Central Acts etc.(1) A translation in Hindi published under the Authority in official gazettee on and after

the appointed day.(a) Of Any central Act or of any Ordinance promulgated by the President, or(b) Of any order, rule, regulation or by-law issued under the constitution or under any

Central Act, shall be deemed to be the Authoritative text therefore in Hindi.(2) As from the appointed day, the authoritative text in the English language of all bills to

be introduced or amendment thereto be moved in either house of parliament shall be accompanied by a translation of the same in Hindi authorized n such manner as may be prescribed by rule made under this Act.

Authorized Hindi translation of state Acts in certain casesWhere the legislature of a state has prescribed any language other than Hindi for the use in Act passed by the legislature of the state or in the ordinance promulgated by the governor of the state. A translation of the same in Hindi in addition to a translation thereof in the English language as required by Clause (3) of Art. 348 of the Constitution may be published on or after the appointed day under the authority of the Governor of the state n the Official gazette of that state and in such a case, the translation in Hindi of any such act or ordinance shall be deemed to be the authoritative text theory in the Hindi language. (3) Optional use of Hindi or other official language in judgment, etc. of High court :

As from appointed day or any day thereafter, the government of state may, with the previous consent of the President, authorized the use of Hindi or the official language of the state, in addition to the English language, for the purposes of any judgment, decree or order is passed or made n any such language (other than the English language), it shall be accompanied by a translation of the same in the English language issued under the authority of High Court.

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(4) Inter-state communication: (a) English shall be used for the purposes of communication between the Union and a state which has not adopted Hindi as its official language. (b) Where the Hindi is used for purposes of communication between one sate and another which has not adopted Hind as its official language, such communication in Hindi shall be accompanied by an English translation theory.

REFERENCES:

•Kashyap, Subhash C. Our Constitution. New Delhi: National Book Trust, 2001.•Basu, Durga Das. Introduction to the Constitution of India. Gurgaon: LexisNexis, 2013.• Laxmikant, M. Indian Polity. New Delhi: Tata McGraw Hills, 2011.• Thirumalai,M.S.ed.“The Constitution Of India: Provisions Relating To Languages” in Language In India

Volume 2: 2 April 2002. Available at www.languageinindia.com/april2002/constitutionofindia.html• Thirumalai.M.S.ed. “The Official Language Act, 1963 (As Amended,!967)” in Language In India Volume

2: 2 April 2002. Available at www.languageinindia.com/april2002/officiallanguagesact.html•Mahmood, Syed. A history of English education in India. Aligarh: M.A.O College, 1895.

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ATTITUDES TOWARDS SCIENCE OF MEDIEVAL INDIAN RULERS

Akhtar Hassan*ABSTRACTHistory of science is the history of man’s efforts to understand the world around him. This he did by employing his powers of observation and logical deduction which gave rise to a whole system of empirical scholastic methodology. This remained the basic instrument of scientific investigation until society developed within itself economic, political, cultural and etiological forces conducive to the growth of a truly scientific approach.

India unlike many other great civilizations has had a long and fairly continuous tradition of science. Recorded history of it though is traceable as far back as 1500 BC, the date ascribed to the writing of the Vedas.1 The empirical thought that the great Indian sages had developed over the centuries, reached a point of stagnation roughly by the end of the 12th century A.D.2

The rise and expansion of Islamic civilization form one of the greatest milestones in world history. In the course of the last fourteen centuries, Muslim philosophers and poets artists and scientists, rules and labors together created a unique culture that has directly and indirectly influenced societies on every continent. Perhaps the most striking features of medieval cultures have been the fundamental unity of their thought systems despite a vast diversity in their literature, religious and political traditions. As a matter of fact, all scientific traditions have originated and grown as a result of the natural human urge to fight biological limitations and to implicitly through the use of intellect, the vast resources of nature.

Arabic science was the most advanced in the world from 8th to the 14th centuries. The Arab had access to the Greek Scientific heritage which was lost to the west after the fall of the Roman empire. The great works of Greece and other cultures were translated into Arabic. Along with this the Arabs borrowed the Hindu numeral system. Islamic sciences are related to the Quran, the traditions of the Prophets (Hadith), legal knowledge (fiqh), theology (kalma), poetry, and the Arabic language. The Quran introduced a new and vigorous language, Arabic, which was destined to become the international language of knowledge and culture and of sciences, in particular, for several centuries. The Quran is a book of ilm, Allah has repeatedly commented in Quran to use Aql or intelligence and be sensible, reasonable and rational. So we find that ‘all Muslims intellectual activity in its widest sense had its starting point in the Quran, which gave birth to various sciences. The early Muslims extended their knowledge to profane sciences’ Islam of itself, did not offer any kind of opposition to scientific research except feeble efforts by some narrow minded theologians to check it. On the contrary, the Quran provided the stimulus for scientific research since God was glorified by the wonder of His creations.

The Muslim conquest of the North India plains set afoot the process of a massive inflow of scientific theories which had been developed in the Hellenistic and later, in the Islamic civilizations. India began to attract leading scholars of the Islamic world at a time when the latter was at the height

*Assistant professor(adhoc) Shivaji college,DU

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of its glory and could boast of illustrious scientists like Jabir Ibn Hayyan, Ibn Sina, Ibn Yunus, Ibn Rushed, Al-Battani, Al-Damiri, Al-Idrisi, Al-Masudi, Nassiruddin Tusi and of course Al-Biruni whose original contribution in astronomy, trigonometry, mineralogy, mensuration etc. as well as his role as transmitted and synthesizer of Indo-Muslim scientific learning cannot be over-emphasized.3

The exodus of leading scholars and a “Persianization process was continued until the heyday of the great Mughal whose patronage promised fame and fortune. Further during the course of the four centuries preceding the establishment of the Mughal Empire in 1526 AD there had come into being an entire class of intellectuals who could claim to be of Indian origin through centuries of domicile and interbreeding. They continued to master mainly the ‘Graeco-Muslim sciences.4 While the native Indian genius nurtured in the Vedic and classical tradition, retained its distinct identity. Both these traditions continued to flourish in co-existence with their respective linguistic parameters. The complete synthesis never took place between these two (Hindu and Muslim) thought systems due to a radical difference in the demands placed on basic sciences such as astronomy, alchemy and medicine or was it primarily due to the diversity in cultural and religious institutions5 or even to any other factor, are questions which await extensive investigation.6 However attempts to understand each other were not wanting. Muslim scholars both independently as well as under the royal instruction tried to discover the unity of the sciences.

With the consolidation of Muhammadan power in India a new pattern was woven slowly but surely in the educational fabric of India. Medieval Indian rulers have taken much interest to establish madrasah and imparting education through it which was in the pattern of central Asia and Iran in the eleventh century. The Pre-Akbari syllabi dealt largely with religious studies the elements of the Quran, the Hadith, logic argumentation, Mathematics, Geometry, Persian prose and poetry as well as the Arabicized version of Greek philosophy or falsafa etc.

Firoz Shah Tughluq for this purpose took much interest to build a large Madrasah at Delhi whose splendid building still stands. Ziya Barani’s description “it would seem that teaching here was mainly confined to the Quran, commentary, the Prophet’s saying and Muslim law (Fiqh)”.7 But the Sirat-I-Firoz Shahi gives the following list of subjects which were taught at the Firozi Madrasah.8

1. Fiqh (Jurisprudence)2. Qirat (method of recitation of the Quran)3. Usul-i Kalam (Principles of scholasticism)4. Usul-i Fiqh (Principles of Jurisprudence)5. Tafsir (Exegesis)6. Ahadis (Traditions of the Prophet)7. Maani-o-Bayan (Rhetoric)8. Nahv-o-sarf (syntax)9. Ilm-i Nazar (Science of observation)10. Ilm-i Riyaazi (Mathematics)11. Tabi’i (Physical Sciences)12. Illahi (Theology)13. Ilm-i Tibb (Medicine)14. Tahrir-o Khatt (Calligraph) In the above syllabus other than the religious subjects even rational subjects are included but there is no mention of ‘kimiya’ in this list. Firoz Tughluq had great interest to collect books on different fields and for this purpose he deposited a large number of books on astronomy and establishes in the Royal Library (Kitab Khana-i Khas) desired that these be made available to all those who wished to make use of them.9

The Mughals maintained and extended the educational activities of the Sultanate periods. Humayun was a bibliophile with a special interest in the sciences. He encouraged the study of

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Mathematics, Astronomy and Geography and constructed observatories (rasad khanahs). A great change came upon the syllabus of the medieval institutions. When Akbar declared “No one should be allowed to neglect those things which the present time requires”. He also ordered the inclusion of subjects such as the elements of agriculture, geography, astronomy, medicine, logic, natural philosophy (tabaiyyat), the religious sciences and the Vedanta as well as Patanjali.10

The establishment of Madrasah and the promotion of scientific education gave the impetus to translation of Sanskrit sources into Persian and spread the knowledge among the Muslim masses also. The earliest translations of a Sanskrit work into Persian in India was that of Varahamihira’s work entitled “Tarjuma-e-Barah” (Cir 1330 A.D.). Its translator, Shams Siraj Afif was the court historian of Firoz Shah Tughluq. It was also during Firoz shah’s reign that a Sanskrit treatise entitled yantraraj was written on the astrolabe.11 Acceptance of this work by the Hindu astronomers in Firoz Shah’s court also implied the tacit acceptance of the (Muslim) trigonometry and astronomy associated with the astrolabe.12

A comparative study of Unani and vedic medicinal thought was also made by Bahuwa bin Khawas Khan, a minister of Sikandar Lodi, the Madanish shifa’i Sikandarashahi, is a scholarly attempt at synthesizing the two systems of medicine. Firoz Shah Tughluq, a prominent name among the sultans take also interest in medicine, the Tibb-I Firoz Shahi, prepared under his personal supervision.13 He also establishes hospital (daru’sh Shifa) where “the common people” were treated. Faizi, Abul Fazl’s elder brother, translated Bhaskar’s Lilavati the famous Indian textbook of mathematics, into Persian at Akbar’s court. The book became very popular and was introduced into the syllabi of the Madrasahs. It is in this search for areas of interaction between Graeco-Muslim and Hindu sciences that of Ain-i Akbari of Abul Fazl (completed in 1598 A.D.) must be seen as a work of immense importance. Equally important in this synthesis apparently continued well with the period of early colonialism, where the works of Hakim Sharif Khan (1725-1806) who carried out extensive research on Indian pharmacology.

In technology, the medieval period was much advanced. Persian sources and painting of this period gives the vivid information regarding the technology and crafts. Babur records assiduously, the details about the craft traditions in India, the fruit, the cereals, the animals, the irrigation devices (Persian wheel) and anything else, which caught his ‘foreign eye’. He also records the event when his gun-caster Ustad Quli unable to cast a large cannon barrel in one casting, and how Babur had to prevent the master craftsman from committing suicide14; So strong was the sense of failure. This incident shows that how much technology was attached with the sentiment. Akbar, who is well known to take much interest in the science and technology, he always visit to Karkhanas. He took personal care and interest in testing and grading all handguns. In matters of civil engineering one merely has to look at the entire capital that he constructed at Fatehpur Sikri and the machines that were devised for ensuring the supply of water to the uppermost stages of his palaces, as well as to his gardens in Agra.15

Jahangir took great interest in veterinary sciences natural history as well as in astronomy.16 Shah Jahan’s interests were focused on architecture and this has been immortalized by the Taj Mahal, the Red Fort and the Jama Masjid in New Delhi.

(Endnotes)

1 . Bose, Sen, Subbarayappa (eds.): A Concise History of Science in India, New Delhi (1972), pp,. 1-50.2 . See the remarkably accurate observations of Al-Biruni, on Hindu Science in his Kitab-ul Hind tr. Sachau,

E.C., S. Chand & Co. 1964, pp. 17-26. 3 . S. Maqbul Ahmad, “Al Biruni as Transmitter and Synthesizer of Scientific Knowledge”, IJHS, X(2), pp.

244-8.

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4 . It would prefer to use this term as opposed to “Graeco-Arab” because the latter does not take into account the contribution of the Persian and the central Asians, The Ottomans etc. For a list of such scholars see Abdul Qadir Badauni Muntakhab-ut Tawarikh (ed.) III Also see Ain, (ed.) vol. II Blochmann (Ain 30)

5 . According to Nasr, “neither in Islam, nor India nor the Far East, was the substance of nature so depleted of a Sacramental and spiritual character, nor was the intellectual dimension of these traditions so enfeebled, as to enable a purely secular science of Nature to develops outside the matrix of traditional intellectual orthodoxy”. See S.H. Nasr, The Encounter of man and Nature: The Spiritual Crisis of Modern Man, London 91968), p. 47.

6 . See Jurssitro: “Encounter of cultures in the work of Al-Biruni”, Studies in the History of Medicine, vol. III, No. 3, pp. 161-172.

7 . Tarikh-i-Firozshahi, Ziya Barani, ed. Sayyid Ahmad Khan et al. Calcutta 1862 (reprint with index Aligarh, 2005), p. 564.

8 . Sirat-i Firoz Shahi, Anonymous (Fasamile edition) Khuda Bakhsh Library, Patna, 1999, p. 142.9 . Ibid., p. 320.10 . Ain-i-Akbari (tr.) Blochmann, vol. I, p. 289.11 . For details see Pingree, David; Islamic Astronomy in Sanskrit, Journal for the History of Arabic Science,

Allepo, vol. II, No. 2, pp. 315-330.12 . Ibid.13 . Sirat-i Firoz Shahi, op.cit., p. 351.14 . Khan, I.G., Technical Literature and the Mughal Elites, c. 1500-1700, U.P. History Congress, 9th Session

(1996), p. 3.15 . Irfan Habib, “Akbar and Technology”, Social Scientist, Vol. 20, Nos. 9-10, Sep.-Oct. 1992.16 . For details see, Alvi, M.A. and Rahman, Jahangir the Naturalist, New Delhi, INSA, 1972.

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DECCAN POLICY OF THE GREAT MUGHAL EMPEROR AKBAR

Dr.santosh kumari*

“Imperialism has the habit of territorial expansion”. Akbar was an ambitious ruler,so he wanted to rule like an emperor. The History is replete with examples to prove it. His object to attack Ahmandnagar was to have it under his possession like the and other Mohammendan rulers when he kept under his vassalage. But they were under his subordination only like representatives.¹Count Von Noer compared Akbar to a hunting hawk and Terry compared him to a big fish² which always remain busy in search of their prey. The kingdom of Bahmani had divided into five autonomous kingdoms. The war mostly took place between Khandesh and its neighbouring state of Gujrat which laid to the north of it.All five Muslim states used to fight one another and also with the Hindu empire of Vijayanagar. So Akbar thought up a plan to conquer southern India. Tha vast territory including Baluchistan. Agfhanistan, Sindh and Kashmir had already ceded to the empire of Akbar.In 1564 A.D., Akbar conquered Malwa, consequently, the territories of his kingdoms quite close to the territories of Ahmadnagar, Berar, Khandesh and Gujrat But still he had to conquer the western provinces to fulfill his aim. When Muhammad Hussain Mirza and some base persons fled towards the Deccan. Akbar planned to send a wise person to the Deccan to show proper obedience to the emperor. According to Akbar’s presumption, the ruler of the Deccan would refer the rebels to the court or drive the out of their territories. So Akbar sent Mir Mohasin to the Deccan as an ambassador during the expendition to Gujrat . The ruler of Ahmadnagar neither arrested nor surrendered those fugitives but he did only this much that he gave no shelter to them in his territory. Beside doing all this the ruler of Ahmadnagar sent a number of presents alongwith an assurance for showing his obedience to the emperor.In spite of this, Mir Mohasin informed Akbar telling him about the restlessness and instability of the Deccan people. To the principles of Akbar,priority was to be given to the urgent matters over the ordinary ones and the idea of the conquest of the Deccan was postponed. In accordance with his policy, he devoted his energies to taking over the eastern provinces under command and to suppressing the rebellion.³Therefore, he conquered Gujrat in 1572 A.D. After suppressing and crushing in 1573 A.D. the territory of his kingdom almost merged with the territories of the Mughals. On the other hand,Murtaza Nizam Shah merged Barar into his in 1574 A.D. and Tufal Khan, the ruler of Berar was compelled to flee. He took shelter in Khandesh. But Miran Mubarak Shah turned Tufal Khan out because he wanted to keep friendly relations with Murtaza and Tufal Khan was a Prisoner. At this, the rulers of Golconda, Bijapur and Khandesh were angered, Khandesh sent its army to conquer Berar. Bijapur and Golconda also helped4. While Murtaza was on his way to Bidar, he came now about the revolt of Mirza Suli Khan, who killed Khairat Khan, the Nizam Shahi commander in-chief and fled to Burhanpur.5Zain-ud-din was the minister of Miran Muhammad Khan Faruqi of Khandesh. He penetrated Berar to support a false claimant and place him on the throne of Berar. As he reached Berar, the officers of the Hussain Nizam Shahi army retired from remote districts and met together at Elichpur, from where they arrived at Gawligarh to besiege it.At Normala the army of Ahmadnagar was attacked. Khandesh

*Ph.d history

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sent his army to Daultabad to help Nizam, seeing this Akbar diverted his attention from that side.6Now Akbar tried to take over Khandesh before the allotted time because Khandesh was the key to victory over Ahmadnagar and remaining parts of the south. So he sent Shihab-ud-din in 1576 A.D. with a big army so that Khandesh might surrender.7 The fort of Burhanpur was about to fall, when he got dispiriting news about the attack of Mirza Muzaffar Hussain on Gujrat, who separated himself from the Mughal army and fled to Barooch and Baroda. So, Shilhab-ud-uddin raised the siege after the surrender of Mirza and realizing a huge amount of money in the form of present and event back towards Gujrat.8Although this expedition proved quite unsuccessful yet the way to Ahmadnagar was cleared for Akbar. In 1577 A.D., rebel Mirza Muzaffar Hussein took shelter in Khandesh. Akbar sent Maqsud Jauhri with a farman and asked him to send the rebel to the imperial court. Raja Ali Khan obeyed the order.9Murtaza Nizam Shah grew mad. He withdrew himself from public affairs. Salabat Khan, the prime-minister took the administration in his hands. His oppressive acts caused annoyance among the nobles. Sayyed Murtaza Khan Sabzawari, the governor of Berar and his friend Khudawanda Khan were envious of Salabat Khan. So they proceeded towards Ahmadnagar to overthrow Salabat Khan and to the king free from his clutches. But Salabat Khan fell upon them and they were defeated. They fled to take help in Khandesh but Raja Ali khan refused to help them. At this, they looted and ruined Burhanpur city. Raja Ali was annoyed, he pursued and forced them to flee towards Agra. They took shelter in the court of Akbar where they were welcomed and granted high officers and jagirs.10An order was issued by Akbar to the effect that his court was open to mankind, whoever was helpless could take refuge in his court. Behind this order, the main object Akbar was to attack Ahmadnagar while Gujrat was a port of the Mughal empire, and Khandesh had already accepted the suzeraintly of Akbar. Now the Territories of the Mughal empire were contiguous to the territories of Ahmadnagar. Therefore, Akbar concentrated his attention on Ahmadnagar. His desire was to attack Ahmadnagar but he got a favour from would the refugees because he enthroned them in Berar. They gain the favour of his persons and it would rather be easy to attack Ahmadnagar. The Khan-i-Khanan was ordered to punish the Deccan rulers and to place the rebels on the seat of Berar. Shihab-ud-din Ahmad,Sharif and other Amirs of Malwa were directed to join the army. Mr. Murtaza, Khudawanda Khan, Tir Andaz, Khan Chagtai Khan and others. Deccan officers were ordered to join and some chief commanders with a park of artillery and 300 war-trained elephants were also sent. An order was given that Asaf Khan should go from Ajmer. Khwajah Fathullah was made Bakshi and Mukhbar Beg, the Diwan of army. The title of Azdudaulah(arms of the empire) was bestowed on Fathullah, who was sent to guide Raja Ali Khan.11Khan-i-Azam- was sent to Hindia and arranged for an expedition. He became confused on account of mistrust. The work fell out of gear. Shihab-ub-din Ahmad Khan was tormented amd went to his Jagir. Khan-i-Azam came after him with the aim to fight him. Shihab-ud-din prepared for battle instead of serving as helper. The ensuing battle was prevented by the attempts of sagacious men. The armies stayed on the southern boundaries for six months. On the other side, all the efforts of Fathullah khan proved to be in vain. He helped the other states of the south. So being very sad, Fathaullah khan went to Gujarat to take help from the Khan-i-Khanan. The king of Khandesh remained quite friendly with the Mughals only externally, but he remained an obctacle in the way of progress of the Mughals by making an alliance with the Southern states.Raja Ali Khan, Farhad Khan, Jamshid Khan, Azdar Khan, Mir Taqi and Amirs of Berar and Ahmadnagar assembled and were ordered to go to battle field. The high-ranking officers of the imperial army were awakened from slumber, and they gathered and made consultations as to how the achievements were to be regularized and carried on, when it was quite a difficult job to tell a friend from an enemy. They thought of themselves as quite unfit to have a fight. Besides, They could not do anything without facing opposition. They turned away from opposing the foe and sent to Berar. In meantime, Khan-i-Azam entered Berar and plundered its capital, Elichpur. A battle took place near Chandur between landlords and the Mughal army. In this battle, the Mughal army was defeated Abdullah Sultan Kashgaari was

146 •


killed. He plundered at random. But Khan-i-Azam lost his nerve and the army chased him up to Nandarbar. On the other hand, the Khan-i-Khanan sent an army under the command of Historian-Nizam-ud-din and assured him that he would come himself. The armies of Malwa and Gujarat became quite ready to fight a battle with the Southern states. But the rainy season had started, so the invasion was postponed and Khan-i-Azam returned to Malwa.12. Hence, this effort also proved to be quite unsuccessful. There were many reasons for the failures of the first expedition-

(a) Mental misunderstanding between Shihab-ud-din and Mirza Aziz Koka,

(b) Helping the army of Ahamadnagar by Khandesh and

(c) Encountering the Mughal army with a combined force of the Deccan armies

with resoluteness.

Akbar again got an opportunity for an expedition to Ahmadnagar.Murtaza Nizam Shah became perfectly corrupt. His inclination towards a beautiful eunuch became a cause of anger to the Amirs. So, they entered into a conspiracy to dethrone him. Jafar, one of the Amirs, tried to enthrone his brother, Burthan after freeing from the prison. But Burhan was defeated on 15th of June. He escaped and took shelter at the Mughal Court in 1588 A.D. At this Murtaza got infuriated ad tried to kill his son. But fortunately he was saved and he killed his father. He was also devoid of any worth. He was also killed on the 1st April,1589 A.D. Now Ismail,the son of Burhan was seated on the throne but the rule or administration came in the hands of Jamal Khan. But he was a blind fanatic. So he spread terror in the whole kingdom. Now Akbar’s attention was suddenly diverted to Ahmadnagar. So he called Burhan from Tirha. Akbar sent Burhan to Ahmadnagar in 1589 A.D. The orders were given to the general of Malwa, Khan-i-Azam and the ruler of Khandesh, Raja Ali Khan to help Burhan but they could not succeed in enthroning him.13This expedition of Burhan was fated not to succeed and he came back. Khan-i-Azam received the order of Akbar. He prepared to go with Burhan with a selected army. Burhan had evil thoughts in his mind so he refused to go with him, Chaghtai Khan, Chanda Khan and some others with 10,000 horses and 300 musketeers. He arrived in Berar by the route of Kali Bhit. He bequeathed on his right and marched with speed to Danapur. Jahangir Khan, the thanedar and other notables came to him in a cringing manner. But their followers did not do so and gave battle. There was an unequal battle, Chaghtai Khan was wounded and was confined. Burhan got requital for his evil designs.14. Thus, this expedition also utterly failed. Akbar assisted Burhan in according to the throne,so that he might be instrumental in helping fulfill his desire for victory of the Deccan.Now, Burhan went to Raja Ali Khan. He helped him whole heartedly,according to the pious commands of Akbar and he agreed with Adil Khan of Bijapur that when Adil Khan should march to Ahmadnagar, he would also send an army from Khandesh. He sent some soldiers to entrench themselves on the boundary to wait for their arrival, Jamal Khan, who was the general of Ahmadnagar, made many promises that the two forces would meet. He took Ismail, the son of Burhan and hurriedly rushed to fight with Bijapuri’s before Burhan could join them. He got success after a skirmish.Azmal-ul-Mulk, Ajmad-ul-Mulk, Jahangir Khan, Shujat Khan, Aziz-ul-Mulk and other leaders joined Burhan, when he came to Berar. Thus, he became discontented about the country. Jamal Khan delighted in confidence. When the news reached Jamal, he marched in a hurry without any preparation. He tried to pass through the Ghat Rohangir pass but it was closed, so he moved ahead by a more difficult route. A battle was faught on 13 Rajab 999A.H./27 April, 1591 A.D. Raja Ali Khan alongwith Burhan and Jamal Khan was killed. The Deccan army was scattered after a short while, Ibrahim was made prisoner Burhan arrived in Ahmadnagar with victory. Raja Ali Khan returned to Khandesh.15. After his accession to the throne, Burhan indulged in luxury. Although he occupied the throne of Ahmadnagar with the help of Akbar, yet he began to behave like an independent ruler. He granted himself the title ‘Burhan-ul-Mulk’. He forgot all the obligations of Akbar. Akbar decided to send an

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embassy to Raja Ali Khan to advise Burhan and the rest of the rulers of the Deccan to submit to him and to acknowledge him as their suzerain. Akbar’s object was that if Burhan and other rulers of the Deccan would have apologized to him and accepted his sovereignty, they would have been allowed to keep their status, otherwise, an army would be dispatched to inflict punishment on them. According to this policy, Akbar sent four separate embassies to Bijapur, Golconda, Ahmadnagar and Khandesh in 1591 A.D., July-August. He appointed Prince Murad as a governor of Malwa and honoured him with a flag. Kettle drums and tog(a special banner).16Sending Murad to Malwa as a governor was a part of Akbar’s policy vis-à-vis the Deccan. Actually, he wanted to consolidate his position in Deccan.

Reference :

1. Augustus, F., The Emperor Akbar, vol.II,p.3262. Smith, V.A., Akbar the great Mogul, p. 179, 251.3. Abul Fazi, Akbar Nama, Vol III. P. 108-109(tr.) 77-78 (org.)Akbar sent MirMuhasin Rizvi(Badaoni,Muntakhab-ut-Tawarikh,Vol.II,p.147(tr.), Mir Muhasin Rizvi was a

poet((Badaoni,Muntakhab-ut-Tawarikh,Vol.II,p.447(tr.)323 (org.)4. Ali Tabataba, Burhan-i-Maasir.p.461-462,466, Khwafi Khan, Muntakhab-ul-Lubab,Vol.HI. p.208.Briggs, History of the Rise of Mahomedan Power in India.Vol.iv.p.I56.5. Ali Tabataba, Burhan-i-Massir.p.462.6. Ferishta, Tarikh-i-Ferishta, Vol.ll,p.140.7. Badaoni, Muntakhab-ut-Tawarikh,Vol ll,p.25(tr.)244(org.)Abul Fazi,Akbar Nama,Vol.lll, p.279(tr.),197-198(org.) Nazim-ud-din, Tabqat-i-Akbari,Vol.ll,p.233(tr.)8. Abul Fazil,Akbar Nama, Vol.111 p.289(tr.):206(org),279(tr.) Badaoni.Muntakhab-Ut-Tawarikh. Vol.ll

p.257(tr.),250(org.)Nizam-ud-din, Tabqqat-i-Akbari,Vol. ll,p.223(tr.)Accotding to Nizam-ud-din – The name was Muhammad Khan instead of Hirza Hussein Muzaffar.Broach-On the right band of the Narmada river and midst of 21’42 N,7259 E.9. Abdul Fazi, Akbar Nama, Vol.lll.p.330(tr.),233(org)Badaoni, Muntakhabut-Tawarikh, Vol ll,p.260-274(tr.)Nizam-ud-din,Tabqat-i-Akbari,Vol.ll,p.236(tr.)Qandhari. Tarikh-i-Akbar Shaki,p.397Ferishta, Tarikh-i-Ferishta, Vol.l,p.264.Baqsud Jauhari,Jauhari means Lapidary,perhaps,he was lapidary-Elliot and dowson,History of India as told by its own Historians, Vol.V.p.410.Badaoni,Muntakhab-ut-Tawarikh, Vol.ll.p.266(tr.),274(org)Akbar directed Raja AliKhan to send his son alongwith Muzaffar Hussein. (Elliot and Dowsom, History ofIndia as told by its own Historians, Vol. V,P.408).10. Ali Tabataba,Burhan-i-Maasir.p548.Abul Fazi, Akbar Nama, Vol.lH.p.686(tr.),456(org.)Indian Antiquary. 1918,p.145.Brings, History of the rise of the Mahomedan power in India,vol.IV,p. 322-323.Sources:Abul Fazi: Akbar Nama, Vol. HI, Eng.tr. by Beveridge, Delhi, 1972.Abdui Fazi: Ain-i-Akbari, Vol.I,Eng.tr. by Blochmann,Delhi, 1964.Ali-lbn Aziz-ul-lah Tabataba; Burhan-i-Maasir,Hyderabad,1936,Eng.tr.by Haig,W.indian Antiquary, 1920-23.Abdul Qadi Badaoni: Muntakhab-ut-Tawarikh, vol. II,Eng.tr. by Lowe,W.H.;Calcutta.Ferishta, Muhammad Quam Hindu Shah: Tarikh-i-Ferishta of Gulshani-i-lbrahini,Nawal

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Kishore Press, Lucknow, 1905:Khwaji Khan,Muhammad Hashim,: Muntakhab-ul-Lubab, Vol. III,ASB, Calcutta, 1874.Khwaja Niwazam-ud-din Ahmad: Tabqat-i-Akbari, Vol.III, Eng.tr. by B.De, Bib.Ind.Cal,1935: Nawab Sal-ud-Daula Shah Nawaz Khan & Abdul: Maasir-ul-umar Vol.I,Cal.1885.Qandhari. Haji Muhammad Arif: Tarik-i-Akbar Shahi. M.S, Allahabad University. Haji-ud-Dabir: Zafar-ul-Walh, V I, Eng. Tr. By Lokhandwals, Baroda,1970; Azad,M.H..Darbar-i-Akbar,Urdu,Lahore,1921 Augustus Frederick: Count Von of Noer, The Kaiser Akbar. Eng.tr.from German by A.S. Beveridge, Vol.11, Patna.1973 Briggs: History of rise of the Mahommadan Power in India, Cal, 1966 Elliol.H.M. and Dowson : History of India as told by its own Historians, Vol. VI Smith,V.A.: Akbar the great Mogul, Delhi, 1958.

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POPULATION EXPLOSION IS THE MAIN OBSTACLE TO THE SMOOTH DEVELOPMENT OF

THE INDIAN ECONOMY

Dr.M.S.Khan*

Abstract : Population growth continue to increase in the world at a fast pace. As the population swells, many experts are not only worry about this subject, but also are they concern about its hazardous results. Famine, environmental pollution or even war is some of these threats. As a few suggestions to fight over-population, we can rely on better education, family incentives or even stricter social legislation.Education is the most important mean to control the population. Family control topics are quite matured and common in many developed countries, but on the other hand is a subject of less attention in under-developed countries. Many married women in these societies are prone to unprecedented pregnancy which eventually leads to child birth. Lack of proper education in this scope causes these sort of problems. There are many statistics in Africa for example, which show a rising number of young women have searched for a post-prevention remedy after they found out about their unwanted pregnancy.

In some developing countries, governments introduce programs to encourage families for less children. These programs normally offer people incentives such as tax cut or special retirement benefits. In these societies it is proven that many families will welcome family control schemes if they receive advantages in their financial life. For example, in Turkey the number child birth dropped by 20 percent after unveiling such a program in 2003.

Population growth continue to increase in the world at a fast pace. As the population swells, many experts are not only worry about this subject, but also are they concern about its hazardous results. (I think not only… but also is misused. The first sentence should be inversion structure and the sentence after but also is normal style. Can u get my point? I hope so.) Famine, environmental pollution or even war is (coz u use or before) some of these threats. As a few suggestions to fight over-population, we can rely on better education, family incentives or and even stricter social legislation. (The thesis sentence perhaps could be better.)

Education is the most important mean to control the population. Family control (population control?) topics are quite matured and common in many developed countries, but on the other hand is a subject of less attention in under-developed (developing) countries. Many married women in these societies are prone to unprecedented pregnancy which eventually leads to child birth. Lack of proper education in this scope causes these sort of (the oral English is not good use in essays) problems. There are many statistics in Africa for example, which show a rising number of young women have searched for a

*Principal, Aligarh College of Education Aligarh

150 •


post-prevention remedy after they found out about their unwanted pregnancy.

In some developing countries, governments introduce programs to encourage families for less children. These programs normally offer people incentives such as tax cut or special retirement benefits. In these societies, it is proven that many families will welcome family control schemes if they receive advantages in their financial life. For example, in Turkey the number child birth dropped by 20 percent after unveiling such a program in 2003.

Next alternative which is less popular among families is setting hard legislation to prevent population growth. Stopping some social benefits such as pension or having the right to vote are some of many possible rules and regulations through which governments can control the population more exclusively. (This sentence is quite long, u lost me. I think sty is wrong in his sentence) this scheme is often used in highly populated countries such as India which the prior models might not work properly.

Population explosion is the main obstacle to the smooth development of the Indian economy. Since this problem is getting intense day by day, it is obvious to take appropriate measures to keep it under control by lowering the birth rate.

1. Rise in Per-capita Income:

Demographic history of various advanced countries shows that there is an inverse relationship between per-capita income and a country’s birth rate. When per-capita income increases, people don’t desire more children in order supplement their income. In other words, with increase in per-capita income, people feel more secure and do not want to depend on their children. Dumont, a noted demographer has developed the “Social Capillarity Thesis” to explain this relationship between birthrate and per-capita income. Therefore, rapid economic development is very much essential to control the already high birth rate. However, this increase in per-capita income will have its positive impact on birth rate after a period after a period of time.

2. Urbanization and Industrialization

In the Indian society we have joint family system which encourages a high birth rate. Hence this joint family has to be replaced by nucleus family. A nucleus family is generally found in an urbanized and industrialized economy. Hence our efforts should be to industrialize and urbanize our economy to reduce the high birth rate.

3. Late Marriage

In India girls marry at an early age and a longer span of time to reduce children. Hence we have to raise the minimum age to marriage in our country in order to control the birth rate. A UN report has pointed out, there would be a significant decline of birth of seven per thousand, if the average age of marriage of females were to rise from 16 to 20years.

4. Lowering Infant Mortality Rate

In India, infant mortality rate is very high and stands at 72 per thousand. Poor people, in order to ensure that some children do survive, reproduce more. Therefore, widespread vaccination and proper child and maternity care should be undertaken to reduce the infant mortality rate.

5. Spread of Education

In India, 48 percent of total population are illiterate. They regard children as the gift of God and are not conscious about the evils of population growth. To move illiteracy and blind belief, spread of education is very much essential. An educated man can rightly understand the benefit of a small family norm.

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6. Women education and employment

In India, only 32.92 percent of women are literate and much less are employed. The Government, therefore, should take effective steps to spread women education and create employment opportunities for them so that they can understand the evils of population growth and control it by themselves.

7. Family Planning Facilities

In India, family planning facilities are available only in the urban centers and semi-urban areas. So poor people of rural areas don’t get these facilities easily. Therefore, family planning centers with trained personnel should be set up in rural areas to prove this facility at their doorstep. This can very much help in lowering the birth rate.

8. Incentives:

The Government should provide both monetary and real incentives to people for adopting family planning measures. The funds for the purpose should be properly utilized.

9. Publicity

The massage of family planning should reach the people of rural areas. For this there should be widespread publicity in the new paper, radio and T.V. people should be convinced that no birth control device is harmful and small family is a happy family.

10. Legislation

Family planning is a voluntary measure. However, Government should enact laws for directly lowering the birth rate. The Government can make laws in this field of rising the minimum age of marriage, compulsory education up to high school level, termination of pregnancy and abolition of child labor. In fact, the Govt. of India has already enacted laws in these regards.

Conclusion -:India is often described as a collection of many countries held together by a common destiny and a success-full democracy. Its diverse ethnic, linguistic, geographic, religious, and demographic features reflect its rich his-Tory and shape its present and future. No fewer than 16 languages are featured on Indian rupee notes. It is also only the second country to achieve a population of 1 billion. While it is an emerging economic power, life remains largely rooted in its villages. Only a small fraction of Indians are benefiting from the country’s expanding industrial and information sectors. India has more people than Europe, more than Africa, more than the entire Western Hemisphere. India’s population will exceed that of China before 2030 to become the world’s most populous country, a distinction it will almost certainly never lose. Just one group, Indian boys below age 5, numbers 62 million—more than the total population of France. India ’s annual increase of nearly 19 million contributes far more to annual world population growth than any other country. This Population Bulletin presents a demographic poor trait of the diverse country of India in the early years of the 21st century and offers insight into some of the forces driving continued growth.

REFERENCE -:

Andrew, M. & Schwab, R. L. (1995). Has reform in teacher education influenced teacher performance? An outcome assessment of graduates of eleven teacher education programs. Action in Teacher Education, 17, 43-53.

Chen, M. J. (1997). The construction of teachers’ teaching effectiveness Indicators in Elementary School. Journal of National Taiwan College of Arts, 61,

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221-253.Fang, L. Y. (2000). The study of the teaching effectiveness evaluation of the junior high school teachers. Unpublished

doctoral thesis, Graduate Institute of Education of National Kaohsiung Normal University, Taiwan.

Jean, M. F., Pang, S. M. & Li, H. X. (1998). Basic quality analysis and evaluation for junior high school and elementary school teachers by the ministry of education in 1996. Taipei, Taiwan: Center for Educational Research of National Taiwan Normal University.

Lin, C. T. (2001). Approach, paradigm and new trend in teacher effectiveness research. National University of Tainan Journal of Primary Education, 14, 105-135.

Peng, S. M, (1999). Basic quality standards and teacher cultivation for junior high school and elementary school teachers. Teacher Quality and Evaluation Seminar, Department of Education of National Kaohsiung Normal University, Taiwan.

Wang, H. H. & Fwu, B. J. (2007). In pursuit of teacher quality in diversity: a study of the selection mechanisms of new secondary teacher education programmers in Taiwan. International Journal of Educational Development, 27(2), 166-181.

Wu, C. S. (2003). Gradually promoting teachers’ license change, evaluation, and upgrading. The Educator Monthly, 461, 7-11.

Lin, C. T. (2001). Approach, paradigm and new trend in teacher effectiveness research. National University of Tainan Journal of Primary Education, 14,105-135

Shih, H. H. (2001). A study of the relationships among learning attitude of students,teacher efficacy and schools effectiveness of comprehensive high schools. Unpublished master thesis, Department of

Industrial Education of National Changsha Normal University, Taiwan.

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RELATIONSHIP BETWEEN EFFECTIVE TEACHINGS

AND TEACHER EDUCATION

Dr.Dharmendra Sharma*

ABSTRACT-: Effective teaching in developmental education is one of the most challenging jobs in the college teaching profession. The search for teaching excellence in this field extends beyond basic cognitive issues to address no cognitive needs of underprepared students also. The six principles for effective developmental education teaching reviewed in the article are the product of integrating research findings from successful developmental education programs and general principles for effective teaching in undergraduate education. The principles focus on key elements that teachers may use to support effective teaching.Many teaching professionals spend their entire careers in search of teaching excellence. This search may be even more important when students are underprepared adults. These students lack the foundation and skills required for rigorous college curriculum and many of them have adult responsibilities that place excessive demands on their time and other resources.

Key Word-: Effective teaching, developmental education teaching, excellence teaching method, Teaching skills, demands of teaching method, presentation, learning, seminar , workshop, conference , use of Technology. Having high expectationsEffective teachers strive to motivate and engage all their students in learning rather than simply accepting that some students cannot be engaged and are destined to do poorly They believe every student is capable of achieving success at school and they do all they can to find ways of making each student successful.Effective teachers have high expectations of students in terms of both their standard of learning and their behavior, and they help their students meet those expectations. They also have high expectations of themselves and their own learning.

Acknowledging individual differencesEffective teachers personalize the learning for their students. They understand that students develop at different rates and that in every classroom there will be a range of student abilities and aptitudes. They accommodate the different needs of students in their class rather than pitch their teaching to the middle, letting some students be bored while others struggle or are unable to do the work. Effective teachers use techniques that have each student working on tasks that engage and challenge them to achieve their personal best. They understand that students learn best when they are presented with new material in a way that enables them to connect it to what they already understand and know how to do.Effective teachers also understand that students learn best if their particular culture, background and

*Asst Professor, Aligarh College Education Aligarh

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abilities are acknowledged by the teacher in the way they teach.

Using a range of pedagogiesEffective teachers use techniques that best serve the learning needs of their students. There are many things that students can learn themselves through discovery, with the teacher structuring the learning to suit. There also are many things that require the teacher to teach in a more direct way. Students not only learn by being exposed to learning opportunities but they also need to be explicitly taught those things it is important for all students to know.Some students will learn these things quickly and with only minimal direct teaching. Other students will need concerted direct teaching and correction by the teacher before they master the learning required. Effective teachers help students learn on their own as well as with and from others. They know that students learn best if they are provided with opportunities to learn not only from the teacher but also from other students and from sources outside the school that are now more readily accessible through various forms of technology.

Best teaching methods:1. Lecture Method

• It creates new ideas.• It is good for large class.• Students can ask if they need any clarification• Learn through listening• Teacher explains all points.• Students give their input• Teacher discuss whole topic in the class in easy language so students can easily understand the topic.• It is good for large class.• Teacher provides all knowledge related to topic.• Time saving as teacher is supposed to finish lecture in time.• Students give their views at the end of lecture.• It creates new ideas.• Teacher is experienced and has mastery on subject and cananswer all questions by students.• Teacher share information with students so it creates interest in students.• Students are more involved and participate when teacher ask question.• Teacher provides notes.• Students easily understand every point.• Students share knowledge with teacher.• Teacher is role model for students

2. Group discussion:

• More participation of students.• Students listen to other’s opinion & express their opinion.• Discuss with teachers the points that were missed during discussion.• Students learn on their own & find out key points.• Students exchange their ideas.• Students get point of view of all and not only those who always speak.• After discussion when students give their presentation, teacher corrects their mistakes.

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• Students can make their own notes.• The learning is more effective.

3. Individual presentation

• Hamm (2008) quoted Rife; “A presentation involves• motivating listeners to accept a new idea, alter an existingopinion, or act on a given premise.”• It increases confidence among students.• Good way to learn for only one student who is presenting.• Students search lot of books to collect material• Teacher’s supervision is important.

4. Assignment

• It enhances the ability of research on any topic as the students search topic from different books, websites etc.

• Active learning. 5. Seminars

• Give Chance to meet other people of same profession.• Motivate and make student active in learning.• Interested method.

6. Workshops• Give Chance to meet other people of same profession.

7. Conferences• Give Chance to meet other people of same profession.• Networking with other institutions and professionals.

8. Brain storming• More interesting• More informative• Gain knowledge• Learning is effective• More participation of students• Students give their opinion• Active learning• Creative thinking is encouraged.• Students think beyond their knowledge.• Everyone gets the chance to express their thoughts.• Simple topics can be learnt through different angles.

9. Role play• Interesting method• Creative thinking is encouraged.• Students think beyond their knowledge.• Students enjoy the situation• Active learning• Easy to learn

10. Case study• Active learning• Creative thinking is encouraged.• Students think beyond their knowledge.

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CONCLUSION -:Effective teachers have a sense of how each student is doing in the classes that they teach. They use a variety of formal and informal measures to monitor and assess their pupils’ mastery of a concept or skill. When a student is having difficulty, the teacher targets the knowledge or skill that is troubling the student, and provides remediation as necessary to fill in that gap. Communication with all parties vested in the success of the student is important since parents and instructional teams are also interested in monitoring the student’s progress. Monitoring of student progress and potential need not be solely the responsibility of the teacher; indeed, an effective teacher facilitates students’ understanding of how to assess their own performance, that is, assists them in met cognition. However, ultimate accountability does lie with each teacher, so documenting a student’s progress and performance needs to be accomplished. An effective teacher who has observed and worked with a student has a sense of the potential that student possesses, encourages the student to excel, and provides the push to motivate the student to make a sustained effort when needed.

REFERENCE -:

Astin, A. (1984). A look at pluralism in the contemporary student population. NASPA Journal,21 (3), 2-11. Baiocco, S.A., & DeWaters, J.N. (1998). Successful college teaching: Problem-solving strategies of distinguished professors.Needham Heights, MA: Allyn & Bacon.

Casazza, M., & Silverman, C. (1996). Learning assistance and developmental education San Francisco: Jossey-Bass.Arreola, R. A. (1995). Developing a comprehensive faculty evaluation system.Bolton, MA: Anker PublishingBenson, L., Schroeder, P., Lantz, C., and Bird, M. (n.d.). Student Perceptions Of Effective Professors. Retrieved

July 24,2009,fromwww.usfca.edu/ess/sym2001/PDFbooks/Braskamp, L. A., & Ory, J. C. (1994). Assessing faculty work: Enhancing individual and instructional performance.

San Francisco, CA: Jossey-Bass.Centra, J. A. (1993). Reflective faculty evaluation. San Francisco, CA: Jossey-Bass.Cohen, P. A. (1981). Student Ratings of Instruction and Student Achievement:A Meta-Analysis of Multisection Validity Studies. Review of Educational Research. 51, 281-309.Davis. B. G. (1993). Tools for Teaching. Jossey-Bass Publishers: San Francisco.Hoyt, M. P., & Pallett, W. H. (1999). ). Appraising teaching effectiveness:Beyond student ratings. IDEA. Paper No. 36. Kansas State University, Center1515 for Faculty Evaluation and

Development. Retrieved June 1, 2002, from http://www.idea.ksu.edu/products/Papers.htmlKochkar, S.K. (2000). Methods And Techniques Of Teaching. New Delhi: Sterling. Svinicki, M. (2001).

ncouraging your Students to give Feedback. In Techniques and Strategies for Interpreting Student Evaluations, Lewis. K.(Ed). Jossey-Bass: San Francisco.

Typical Teaching Situations: A handbook for Faculty and Teaching Assistants (n.d.). Retrieved July 23, 2008 from http://trc.virginia.edu/Publications/Teaching_UVA/III_Case_Method.htm# Gall, M. D. (2004). Notes on the relationship between research and practice in teacher education, University of Oregon. Retrieved on November 15, 2010 from http://darkwing.uoregon.edu/~mgall/designmemo%231.htm Jumani, N.B.(2007). Study on the competencies of teachers trained through distance education in Pakistan, Unpublished Post doctoral report, Australia: Dakin University.

Glatfelter, C. T., Helen, F. L.,& Jacob, L. V. ( 2006). Teacher-student matching and the assessment of teacher effectiveness. Journal of Human Resources 41(4): 778-820.

Glatfelter, C. T., Helen, F. L., & Jacob, L. V.(2007a). How and Why Do Teacher Credentials Matter for Student Achievement? Working Paper #2. Washington, DC: CALDER.

Glatfelter, Charles T., Helen F. Ladd., & Jacob L. V. (2007b). Teacher credentials and student achievement in high school: A Cross-Subject Analysis with Student Fixed Effects. Working Paper #11. Washington, DC:CALDER.

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SOCIO-LEGAL PROBLEMS OF WORKING WOMEN IN SPECIAL ECONOMIC ZONE: A CASE STUDY OF

PATAUDI REGION OF HARYANA

Md. Zafar Mahfooz*. Nomani Mohammad Rauf**

ABSTRACTThe socio-legal problem of women has been documented in various studies but the gender based survey of working women in Special Economic Zone (SEZ) has been sparsely touched upon to in the process of study of Pataudi region of Haryana. The socio-legal problems of women workers in the SEZ are based on technology and labour-intensive mechanism for short and long-term employment contracts. Short-term contracts are used for flexible hiring and firing and for avoiding costs such as maternity leave or pay. Women are forced to work in the night shifts, no women cell and sexual harassment of women workers is common in the SEZ. The women workers are not paid maternity leaves, minimum wage and a majority of workers paid a daily wage below minimum wages rule and regulation in another words stipulated norms. They suffer from occupational hazards, irregular period and diseases which manifest in headaches due to tension and intense concentration on work, acute back pain, joint pains, swelling in the legs, severe abdominal pains. The woman’s facing new challenges in SEZ due to flexibility of labour laws. The paper endeavors to socio-legal problems of working women in special economic zone especially of Pataudi region of Haryana.I: NATURE AND GROWTHIndia was one of the first countries in Asia to establish first Export Processing Zone (EPZ) in 1965. The main objective of EPZs was to increase foreign direct investment while boosting exports of goods manufactured in India. The most important factor for socio-economic development of a country is its industrialization where SEZ create the socio-legal problems to women and harmonious construction of laws are completely absent and whose development is vitally not linked with various welfare programmes and policies designed to remove poverty, unemployment and backwardness of the local women.SEZ is aimed to foster economic growth by development of infra structure and Foreign Direct Investment (FDI).2 This is typically based on an international business like Multi-National Corporations (MNCs). SEZ is generally implemented to meet fiscal, social, and infrastructure policy rationales.3 The fiscal goal of an SEZ is to facilitate economic growth through the use of reduced tariffs and more efficient customs controls.4 They are also essential tools for companies seeking to cut costs and improve inventory efficiency, and they help developing nations rework poor,5 inefficient trade policies and dilapidated or non-existent infrastructure. The farmers are protesting against the forced acquisition of their lands. The development of SEZs increase the regional disparities and destroy the employment of farmers whose land will be acquired and will create very little employment for high-tech or highly skilled and net employment to be good, produced a negative result.6

* Associate Professor & Project Director, ICSSR Major Research Project, Department of Law, Fort Road, Aligarh Muslim University, Aligarh’.

** Assistant Professor,Vevikananda Law College, Aligarh,

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II: METHODOLOGYThe study was conducted in Pataudi Region of Haryana SEZ. The sample collected on the basis of questionnaires stratified random method. A site was chosen SEZ. The survey instruments covered demographics, employment conditions and benefits, working conditions, occupational health and safety, collective bargaining, working relationships and harassment and regional disparities in area. III: OBJECTIVESThe government policy is to encourage greater employment an opportunity for women, working conditions and labour policy needs to accommodate the gender specific needs of women workers. So the first step in this direction would be to surface from the perspective of women themselves, their needs and issues in the work-place.A balanced, multi-faceted set of perspectives are therefore needed to shape future looking strategies to improve the employment situation of women.

(1) To examine in SEZ socio-legal aspects of working women as Harassment, workload, finance and decision making standard etc.

(2) To underline the impact of labour laws and procedures in ensuring workers to get their due share in the economic prosperity of the State.

(3) To evaluate the role of SEZs in technology up gradation and skill formation.This research paper therefore examines the Socio-legal Problems of Working Women in Zone. There are sex disparities in working conditions for women in SEZ and analysis discrimination against women. It looks at specific working conditions, occupational health and safety, collective bargaining and harassment at the work place. The study also tried to surface any best practices with respect to women workers in Pataudi area of Haryana.IV: HYPOTHESIS1. What kind of jobs were men and women doing.2. Nature and Working conditions in the SEZ for women workers.3. Whether Trade Union and Collective bargaining and other mechanisms exist in SEZ.4. Main focuses women on nature of work, sexual harassment, maternity Benefit Act & payment of demands.5. Key issues of SEZ and regional disparities in area.V: ESSENTIAL OF SEZS SCHEME A new export promotion scheme of SEZs was introduced with a simple and transparent policy and procedure for promotion of exports with minimum paper work. The most important feature of the Scheme is that the SEZ area is considered essentially as a foreign territory for the purposes of women rules and regulations in industries, trade operations, duties & tariffs.7 Therefore, goods supplied to SEZ from the Domestic Tariff Area (DTA) are treated as deemed exports and goods brought from SEZ to DTA are treated as imported goods.8 The SEZ Scheme places full trust on the units and, therefore, import and export operations of the units in the Zone are on the basis of self-certification no flexible laws for women.9

(a) No import license required. (b) Manufacturing or services allowed.(c) Inland Revenue is subject to full customs duty and import policy in force.(d) Full freedom for sub-contracting. (e) No routine examination by customs authorities of export/import cargo. VI: SEZ LOCATION AND DEMOGRAPHIC PROFILEHaryana was carved out from the Indian State of Punjab on 1st November 1966. It is surrounded by Uttar Pradesh and National Capital Territory (NCT) of Delhi in east, Punjab in west, Himachal Pradesh in the North and Rajasthan in the south.The State is divided into four divisions for administrative purposes (1) Ambala (2) Rohtak (3) Gurgaon (4) Hissar

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Table-1: Summery of HaryanaDistrict Tehsil Blocks Villages SEZ Area 21 67 116 6759 39 1553 sqm

VII: GEOGRAPHY AND PHYSICAL SETTING

(i) Study Area of Pataudi town, Gurgaon

Gurgaon is the most important commercial and business centre of Haryana which is located on the outskirts of Delhi. Gurgaon is the second largest city of the Indian State of Haryana and is the industrial and financial center of the state. Gurgaon is the IT hub & a mega centre of various BPO companies. It is also only Indian city to have successfully distributed electricity connections to all its households.

(ii) Profile of Study area: Pataudi

The booming Indian real estate market is no longer confined to big metros like Mumbai or Delhi but has spread into the erstwhile peripheral cities that have grown to become the new hub of Indian realty. The NCR holds key for real estate growth in north India. The city of Gurgaon, also termed as the Millennium City and Faridabad are the two key regions which have attracted massive real estate development in the area in the past few years. 10

Pataudi road is now is in the vicinity of three major highways; National Highway 8, Palwal Express way and Dwarka Expressway. The study area is divided into four major villages of Pataudi Block.Table-2: Tabular representation of the study areaS.No Tehsils (4) Blocks(4)01 Gurgaon, Sohna, Farukhnagar, Manesar Gurgaon , Sohna ,

Farukh Nagar, Pataudi02 Pataudi (List of survey villages)

Babra Bakipur (1) Hamirpur (2) Harsaru(4)

Pataudi is a town in Gurgaon district in Indian state of Haryana. Industrial model Township (IMT) Manesar is just four kilometers away from Pataudi road.SEZ there by established by the Reliance and Raheja Engineering and commercial sector. Adding to this are the government’s plans to upgrade infrastructure facilities along the belt. Some of the major developers and logistics Parks building on this road are DLF, Ansal, Adani Logistics etc.VIII: SOCIO-LEGAL PROBLEMS OF WORKING WOMEN

(i) Socio-legal Issues in Study Area

There are large numbers of socio-legal issues are being involved with SEZs in the area. All of these issues are concerned with the positive and negative aspect of SEZs. From socio-legal and working

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women point of view, it has been claimed that SEZ policy will help to create huge private and foreign investment in manufacturing sector that will further help to generate large scale employment, increasing exports and use of new technology in SEZ that will have a spillover effect on the firms operating in study area. Issues related to health of working women, Working environment and social security are some caveats related to the socio-economic aspects of SEZs.11

The employment of women has continued to be a problem since the early days of EPZ. The employment of women workers in modern industrial system has given rise to second class wage-earners by their employers.12The environment of women employment raises the socio-legal problem as involved, the inadequacy of family income and their desire to supplement the meager family incomes compelled women workers to work in zone. But employment in such industries does not provide them adequate wages.13 The low educational qualifications and lack of proper skill of women as compared to men has also been responsible either in getting lower posts or non availability of higher posts.14 The legal protections afforded to women workers are inadequate; Work in SEZ means being available for three shift s, including a night shift. SEZ Rules have lifted the general prohibition of the third shift for women. By implication, young workers without a spouse and children to support would be willing to work for the wages offered and be available to work for longer hours than older workers with family responsibilities.15 In its reply, SEZ however, denied taking any advantage of young and un-married employees and pointed out that female workers are required to do only two shifts. The company highlighted the fact that it pays workers higher salaries than required by law as well as strictly follows the legal working hour limit of 48 hours per week. Many interviews with workers conveyed a sense of great frustration and disillusionment with employment in SEZ upon the contract labour.

(ii) Policy FrameworkSEZ were announced by the Government of India in April 2000 as a part of the Export-import policy of India. The government realized the need to enhance foreign investment, promote exports from the country and at the same time provide a level playing to the domestic enterprises, while ensuring manufacturers to be competitive globally. The policy provides for setting up of SEZs in the public, private, joint sector or by State Governments.It was also envisaged that some of the existing EPZs would be converted into SEZs. The success of any zone is strongly attributed to the policy framework. An attractive policy framework mainly covers areas such as fiscal incentives, zone administration, preferential police & procedures, labour laws, flexibility in foreign investment and repatriation. Governments have on regular bases made alterations, amendments to their policies to come up with an attractive framework to induce zone investment. Many countries have also enacted overriding SEZs Laws/ Policies.

(iii) Labour LawsThe flexibility in labour laws such as engaging contract labour, wage setting, labour retrenchment and closure of units in response to market farces have played an important role in attracting foreign investment. Relaxed labour law besides giving comfort to foreign investors has provided operating units the flexibility to alter their manufacturing activities in response to changes in the marketplace without being constrained by restrictive local laws. Contract workers are deployed to the companies by third-party agencies, which supply workers to several principal employers Contract Labour Act is warped to benefit employers and allows the use of contract workers even for regular and perennial work. The above graph shows the z-score of awareness relating to SEZ in the locality. The villager of Wazipur are well aware from the establishment of SEZ in the village vacinity.Village of Harsaru got second position in the awareness.In the study area of Pataudi, the researcher researched with the help of questionnaire and asked about the main source of income of the local peoples in the selected four villages: Wazirpur, Harsaru, Hamirpur and Babra Bakipur villages.Table -4: SEZ beneficial as main Sources of Income for Local people

villages

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wazirpur 24% 39% 6% 18% 13%harsaru 26% 36.25% 8.75% 8.75% 20%hamirpur 36% 28% 12% 36% 8%babra 37.14% 8.57% 8.75% 25.71% 20%

Figure-3: Employment Position of Villager in SEZThe above depiction shows the percentage of selected respondents answer on the main source of income. Only13% to 20% of Wazirpur & Harsaru villages of households income from the SEZ in the area but the 36% to 39% peoples are against the SEZ as main source of income.Figur-4: Employment in SEZ by VillagerThe above graph shows the percentage of selected respondents answer on the main source of income. Only 8% to 20% of Hamirpur & Babra villages of households income from the SEZ in the area but the 36% to 37% peoples are against the SEZ as main source of income.On the basis of the above study, we can thus conclude that the SEZ is not regarded by the majority of the local village people as the main source of income.

(i) Health HazardsHealth hazards that women encounter are related basically to the tools of work and the work environment. We found very little awareness about health hazards among workers and unions, a state which management policies also seem to perpetuate by not providing any information on occupational) health & safety. When women respondents were asked about the hazards at work, 33% of the women respondents said they had no problems, while 40% mentioned the possibility of injury while at work and other nature of work.Figure-5: Hazards Women Face at WorkThe health problems of women are also related to working in one position continuously like bending, crouching, sitting or standing for several hours every day, over a period of time. These postures result in backache, injury of the spinal cord, aches and pains in joints and shoulders. Of the total respondents 52 % have to standing all day to do their job, 34 % have to sit. Over a third of respondents have to stand while working while the rest said that their work involves both 14 % standing and sitting.Figure-6: Posture of Women at WorkIn the case of standing, this can lead to varicose veins, back pain, and pain in leg muscles and in the case of sitting, can lead to swollen feet and back pain. We noticed that a large proportion of women experiencing reproductive health related problems were also related to their posture during work, i.e. whether they were only standing or only sitting. The findings showed that 44 % of those experiencing irregular periods, 39% of those experiencing white discharge and 17% of women who have experienced miscarriages.Figure-7: Incidence of Reproductive Health Problems by Posture

(ii) Safety Committee in Their Work Place

When we were ask if there is a safety committee in their work place. Of the total respondents, 69% women said no, 26 % said yes and 5% can’t’ says.Figure-8: Safety CommitteeWhile some of the respondents mentioned the existence of an officer in charge of safety, even in the absence of a safety committee. Often the supervisor or other representatives of the management take over the responsibility of specifying the use of the safety devices and this is perceived as the role of a safety officer.Women describing the safety training provided to them said it included training in fire fighting, use of safety devices and informal briefing by the management on the safety precautions and procedures. 70% respondents did not have any training at all. Of the remaining 16% only got fire training and other said can’t say got training in the use of safety devices.Figure-9: Safety Training Programme

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(iii) Bonus

In the SEZ few workers shared that if they were absent for one day in a month, they lost their attendance bonus for that month and that managers expect to be informed in advance about absences due to sickness, which the workers naturally find impossible to do.

(iv) Sexual Harassment Committee

Under Supreme Court guidelines employers have to prevent sexual harassment in the work place by 97: 3 Adopting specific preventive measures l Establishing a sexual harassment complaints committee A majority (97 % of the women said that there was no sexual harassment committee at their work place. Only 3 % of them said that they had a committee.Figure-10: Sexual Harassment CommitteeAll the union leaders interviewed reported no committee at all. In SEZ where there was a sexual harassment committee, it was basically comprised of top management officials, most workers were not aware of it and these committees had only recommendatory powers. Even after the Supreme Court guidelines saying that there should be a committee there are a number of factories that do not have one. Though some management personnel, union personnel and women workers said that they had a sexual harassment committee. X: CATEGORY-WISE CURRENT EMPLOYMENT GENERATED BY SEZ IN THE REGION As per the data represent in the below table only 25% to 36% people will be provided direct and indirect employment in SEZsTable-5: Two Villages person agree from the SEZ as main source of incomeQ 7Village Name Agree (AG) Strongly Disagree

(SD)Neither Agree nor disagree (NR)

Wazirpur 18.00% 24% 6%

Harsaru 8.00% 36% 8%

Hamirpur 36.00% 36% 12%

B a b r a Bakipur

25.00% 37% 9%

(Source: Data compiled on the basis of Survey by reseacher)Figur-11: Main Source of Income from SEZ areaThe above graph represents the main source of income of the villages of Wazirpur, Harsaru, Hamirpur and Babra Bakipur. One of the foremost objectives of SEZ Policy is to generate gainful employment. As per survey data, so far in Hamirpur village, 36 % persons of locality have been employed in SEZs. The claims are to create more than 60% job to the local peoples in next three years.

(i) Inter-Village Disparities of SEZ

The SEZ has adopted the view that if the project is implemented in a time-bound fashion, it will completely change the socio-economic conditions of the local area. There are many agitations against the SEZ by farmers and even those farmers who had surrendered part of their land for the SEZ have now changed their mind and had submitted anti-SEZ opinions as we don’t want the project as farmers in the area and are not keen to part with our land for SEZ. On the other hand the Revenue Minister has strongly defended the Govt. on SEZ by saying that the scheme will benefit the farmers and create new avenue for the future generations. SEZs should be proposed only in land areas which don’t yield much. The farmers can reap rich dividends from the land deal. It can create more job opportunities for the new generation.

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Note: Q7=Have you main sources of income from SEZ? .Q8= The establishment of SEZ has obstructed in your livelihood and agricultural land. Q9= SEZ has provided you employment in place of acquisition of land. Q10= The villagers has sizably employed in SEZEvery evicted family should receive appropriate accommodation; house, basic amenities to compensate loss of housing. The government must pay regular income to the evicted families or jobs to compensate for the loss of profession. The rental cost of the land to the Zones should reflect these costs of rehabilitations. The evicted people also would have priority in employment in SEZs.Figur-12: Economic Position of WazirpurThe above graph indicates the actual position of the Village of Wazirpur as how much of resident of the village are happy from the SEZ in the locality. The graph shows the four main question of the locality. 39% of the local people of the village of Wazirpur are disagreeing on the question of main source of income from the SEZ of locality.

Table-7: Village of Harsaru: SEZ provide employment in place of acquisition Village Harsaru Q7 Q8 Q9 Q10Strongly Disagree 26.25% 9% 26% 7%Disagree 36.25% 26% 27% 11%Neither Agree nor disagree 8.75% 10% 13% 13%

Agree 8.25% 28% 15% 40%Strongly Agree 20.00% 28% 16% 28%

Note: Q7=Have you main sources of income from SEZ? .Q8= The establishment of SEZ has obstructed in your livelihood and agricultural land. Q9= SEZ has provided you employment in place of acquisition of land. Q10= The villagers has sizably employed in SEZ

In the Village of Harsaru 15% of the respondents are agreeing that SEZ provided employment in place of acquisition of land.Figure-13: Employment in SEZ jurisdictionThe above depiction based on the four main questions on employment. Firstly Q7 represent the main source of income from SEZ, direct or indirect. Secondly Q8 represent establishment of SEZ and obstacles, Thirdly Q9 represent the SEZ provide employment in place of land acquisition .Lastly Q10 represent the villagers has sizably employed in SEZ.Table-8: Village of Hamirpur: villagers has sizably employed in SEZ Village Hamirpur Q7 Q8 Q9 Q10Strongly Disagree 36.00% 48% 48% 32%Disagree 28.00% 28% 36% 8%Neither Agree nor disagree 12.00% 4% 12% 0%


Note: Q7=Have you main sources of income from SEZ? .Q8= The establishment of SEZ has obstructed in your livelihood and agricultural land. Q9= SEZ has provided you employment in place of acquisition

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of land. Q10= The villagers has sizably employed in SEZIn the above table the employment position of village of Hamirpur in the SEZ shows that it may be direct or indirect employment. The Q10 show the villagers has sizably employed in SEZFigure-14: Socio-economic Impact f SEZ in areaTable-9: Village of Babra Bakipur: Main source of income from SEZ

Village Babra Bakipur Q7 Q8 Q9 Q10Strongly Disagree 37.14% 15% 37% 20%Disagree 8.00% 11% 15% 12%Neither Agree nor disagree 9.00% 31% 8% 17%


Note: Q7=Have you main sources of income from SEZ? .Q8= The establishment of SEZ has obstructed in your livelihood and agricultural land. Q9= SEZ has provided you employment in place of acquisition of land. Q10= The villagers has sizably employed in SEZAbove table represent the 37% negative response on main source of income from SEZ. The 34% response on the strongly agree when we asked that villagers has sizably employed in SEZ.

XI: REGIONAL DISPARITIESThe law provides for single window clearance mechanism for developers and operators to ensure orderly development of SEZs where the responsibilities are assigned to the Board approval, formed by the Union Government. The Union Government can set up a SEZ on its own or on the basis of proposals from the state government or private clients. At the regional level, the Development Commissioner and his/her office exercise administrative control of SEZ. An approval committee can reject change proposals for the establishment of companies in SEZ. All suits of civil nature and the crime in designated SEZs will be tried and charged by specially designated courts, and parties can appeal to the high courts against the decisions of the designated courts.16

In Lakshmiprecision Screws Ltd. V. Ram Bhagat17 the Court held that procedure prescribed for depriving a person of his livelihood, must meet the challenges of Article 14 and must be just fair and not arbitrary, fanciful or oppressive” The said Act may be judged in violation of the concept of equality. By the virtue of Section 3 of the Act the procedure of making the proposal to establish the SEZ, has been laid down.Figure-15: Socio-economic Impact of SEZ

The above graph indicate problems and perspective of the Babra Bakipur village . 37% response against the SEZ as the main source of employment and 34% also negative in case of villagers has sizably employed in SEZ.Figure-16: SEZ’s Impact on Society

II

Gender Inequality & poor Labour

Standard

Impact on Ecology

Social AspectsEmployment

Women & working Hours

(i) Income and Decision Power of Workingwomen

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Workingwomen do use and spend their income by permission of the husband is necessary for the purpose. However when it comes to making investments, they often leave it to their husband or other male member of the family to invest on their behalf. Many of them do not take decision even in case of important investments, like, life insurance, national saving schemes or other tax saving investments. Workingwomen do feel concerned about the economic needs of the family but when not consulted in such matters, they regret being ignored especially when they contribute monetarily towards economic well being of the family. Table-10: Decision Power of Workingwomen

Yes No No

Spend Their Income 30% 61% 9%Decision Making 27% 55% 18%Globalization Enhance Women 37% 42% 21%

Figure-17: Decision Power of Workingwomen

XII: CONCLUSIONThe SEZ’s could improve the economic activity in the country make the country’s export competitive and globally noticeable. But this should not be done at the cost of women exploitation and bad working hour’s system these activities against the social aspects and increase the regional disparities thus, Land grabbing and real estate mafia should be properly regulated so that the common man is not the net sufferer to get the net foreign exchange earner up and running. The most serious problem in a SEZ is the self-certification of compliance with labour legislation. SEZ companies are responsible for filing a self-certified Consolidated Annual Report with the Development Commissioner (not the Labour Commissioner) on the implementation of the most fundamental labour laws such as the Factories Act of 1948, Minimum Wages Act of 1948, Payment of Wages Act of 1936, Workman Compensation Act of 1923, Maternity Benefits Act of 1961, Payment of Bonus Act of 1965 and Contract Labour (Regulation and Abolition) Act of 1970.Since the working woman earns an independent income in the same patriarchal set-up, where the basic infrastructure of society has hardly changed, though her own role within the same structure is passing through a transitional phase, it is but natural that she would remain vulnerable to exploitation even in her economically independent state. A very low level of awareness exists among women workers and unions about occupational health hazards. Very few saw any links between the nature of their work, the materials used, their posture during work and the ailments they experience. For the management, health and safety has primarily meant fire safety training aimed more at preventing loss of property rather than focusing on the worker’s health.Recommendations

1. Women health problems such as white discharge, irregular periods and miscarriages which may be because of their posture at work. To establish causality between materials used, type of work, posture and illnesses reported particularly. reproductive health as well as accidents, systematic longitudinal research is needed. Detailed recommendations should be based on such research.

2 Some women wanted to increase maternity leave, give women lighter work during pregnancy and sick leave be granted for those experiencing excessive nausea.

3 Trade Unions also need to create space for active participation of women workers in the union executive bodies

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4 There should be equal access to jobs, training, skills, and equal pay for equal work.

Enforcement of labour legislation which is normally done through inspections and through the court has been reduced to a paper-based, self-reporting exercise required of SEZ companies. Violation of the Minimum Wages Act is considered a criminal offense and violates Article 23 of the Indian Constitution against exploitation. However, self-certification in this case, which serves as conclusive proof of compliance, grants immunity to the SEZ employer.

(Endnotes)

1 World Bank (2008), ‘Special Economic Zones: Performance, Lessons Learned, and Implications for Zone Development.

3 Desai, M. A., C. F. Foley, & J. R. Hines Jr. (2009), .Domestic E¤ects of the Foreign Activities of US Multinationals. American Economic Journal: Eco-nomic Policy, vol. 1(1).

4 See: Nomani, Zafar Mahfooz & Mohammad Rauf, ‘Socio Eeconomic Impact Of Special Economic Zone (SEZ) On Sustainability And Resource Utilization With Special Reference To Gautam Buddh Nagar’. Paper Presented National Conference On Population, Resource And Environment Organized By Department Of Geography,A.M.U,Aligarh

5 See: Nomani, Zafar Mahfooz & Mohammad Rauf, Human Right Violations and Special Economic Zone in India: A Socio-Economic Appraisal In Managerial Perspective. International Human Right Review,Vol,III,June,2012 Calcutta,(2011)

6 UNCTAD., ‘Trends and Determinants, World Investment Report’, United Nations Conference on Trade and Development(1995) Export processing Zones: Principles and Practices Vienna,1995. (1998).

7 Kundra, Ashok., ‘The Performance of India‘s Export Zones: A Comparison with the Chinese Approach’, Sage Publications, New Delhi(2000)

8 Aggarwal, A., ‘Export Processing Zones in India: Analysis of the Export Performance’, ICRIER Working Paper 148, November(2004)

9 Jenkins (et al). ‘Export processing Zones in Central America’,‖ Development Discussion Paper No 646, Harvard Institute for International Development.(1998)

10 Brief Industrial Profile of Faridabad District,2012-13, Government of India, Ministry of Macro, Small and Mediumenterprises

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THE EFFECT OF INDUCED FATIGUE ON THE ACCURACY OF SOCCER SKILL

Shabahat ali Khan*

ABSTRACT The purpose of this study was to investigate the effect of induced physical fatigue of different duration on accuracy of soccer skill .Twenty male student of football match practice group of LPU Phagwara(PB) belonging to the age group of 18- 24 year were selected randomly as subjects for the purpose of this study. Physical fatigue was induced by organizing a game of soccer between two team. The duration of game was further divided in to 30 min, 60min and 90min. then the author took a pre test of the skill. Then the subjects were made to play a game of soccer for duration of 30 min. The author then made the players to perform the skill. Again the players were made to play the soccer game for 60min and after completion of the game the subject performed the opted skill. The subjects were now made to play the soccer game for duration of 90min and then they again perform the same skill and post test was taken. To compare the accuracy of soccer skill the one way analysis of variance (ANOVA, F –ratio) is used at 0.05 level of significance From the finding it was observed that there was accuracy of soccer skill is increased after 30 minute of game induced fatigue comparison of pre test. But after 60 and 90 minute of game induced fatigue accuracy of soccer skill was decreased.

INTRODUCTIONIn relation to human performance fatigue is one of man’s most perplexing problems. Bartlett in

agreement with other researchers, has started that the fatigue is an term which is used to cover all those desirable changes in expression with other researchers, has stated that the fatigue is an term which is used to cover all those desirable changes in expression on an activity which can be treated to continue exercise of that activity under its normal condition exercise of that activity under its normal condition, which can lead either immediately or after delay to deterioration in the expression of that activity or more simply to result within the activity are not wanted. Hence it can be said that the total outcome of a player depends upon the arrival of fatigue. Therefore it is vital to develop more and more knowledge regarding fatigue in relation to the performance capacity of the player. Thus the present study effect of induce fatigue of different Soccer is a game which calls for strenuous, continuous thrilling.

Action and therefore, appeals to the youth the world over. The skills involved in the game are simple, natural and yet are highly stimulating and satisfying to anyone who participates in the game.” The skill includes kicking, running, jumping, throwing, dodging and so on.

METHODOLGYPhysical fatigue was induced by organizing a game of soccer between two team. The durational of game was farther divided in to 30 min, 60min and 90min. then the author took a pre test of the skill. Then the subjects were made to play a game of soccer for duration of 30 min. The author then made the players to perform the skill. Again the players were made to play the soccer game for 60min and after completion of the game the subject performed the opted skill. The subjects

*Assistant Professor, Department of Physical Education, Lovely Professional University, Phagwara, Punjab (India).

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were now made to play the soccer game for duration of 90min and then again perform the same skill and post test was taken.

Selection of variablesTo investigate the effect of induced fatigue of different duration on accuracy of soccer skill of soccer player following soccer test will be selected for the study

1. Ground- pass to a stationary ball (20 yard).2. Arial-pass to a stationary ball (25 yard)

TABLE-1 GROUND-PASS TO A STATIONERY BALL (20 YARD)Source of variable Df SS MS F.ratioBetween Groups C-1

4-1=3539.437 179.812

19.577*Within Groups N-C

80-4=76698.050 9.185

*Significant at .05 level. *F-Value required to be significant at .05(3, 76) =4.80

From the above table-1 it is clear that the computed value is greater than tabulated F value. So it can be concluded that the evidence is sufficient to indicate a difference in the Mean value for different duration of Ground-Pass in induced physical fatigue.

TABLE-2Paired Mean Differences and Difference between Means of Ground-Pass After Varying Level of Induced

Pre After 30 min After 60 min After 90 min M.D. C.D.

18.75 19.65 -0.9

1.92

18.75 15.35 3.4*

18.75 13.20 5.55*19.65 15.35 4.3*19.65 13.20 6.45*

15.35 13.20 2.15**Significant at .05 level*F-Value required to be significant at .05(3, 76) =4.80 The post hock test to compare the Paired Mean Differences and Difference between Means of Ground-Pass after varying level of Induced fatigue, has clearly revealed the insignificant difference between the Ground-Pass After Varying Level of Induced of pre and after 90min where the calculated mean difference found (5.55), after 30min and after 90 min where the calculated mean difference found (6.45) was higher than the required value 4.80. Whereas the score did not reveal any significant difference between the Means of Ground-Pass after varying level of Induced of pre and after 30 min, pre and after 60 min, after 30min and after 60min or after 60min and after 90min. The calculated value also did not reveal any significant difference between the Means of Ground-Pass after varying level of Induced value was much lower than the calculated value at .05 level of significant.GROUND-PASS TO A STATIONERY BALL (20 YARD)TABLE-3 ARIAL-PASS TO A STATIONERY BALL (25 YARD)

Source of variable Df SS MS F.ratioBetween Groups C-1

4-1=3388.450 129.483

8.403Within Groups N-C80-4=76

1171.100 15.409

*Significant at .05 level. *F-Value required to be significant at .05(3, 76) =4.80

From the above table-3 it is clear that the computed value is greater than tabulated F value. So it can be concluded that the evidence is sufficient to indicate a difference in the Mean value for

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different duration of Arial-Pass for induced physical fatigue. TABLE-4 Paired Mean Differences and Difference between Means of Arial Pass After Varying Level of Induced

Pre After 30 min After 60 min After 90 min M.D. C.D.14.95 17.05 -2.1

2.48

14.95 13.10 1.8514.95 11.15 3.8*

17.05 13.10 3.95*17.05 11.15 5.90*

13.10 11.15 1.95*

*Significant at .05 level*F-Value required to be significant at .05(3, 76) =4.80 The post hock test to compare the Paired Mean Differences and Difference between Means of Arial-Pass after Varying Level of Induced has clearly revealed the in significant difference between the Arial-Pass after Varying Level of Induced fatigue of after 90min where the calculated mean difference found (5.90) was higher than the required value 4.80. Whereas the score did not reveal any significant difference between the means of Arial-Pass after varying level of induced of pre and after 30 min, pre and after 60 min, after 30min and after 60min or after 60min and after 90min. The calculated value also did not reveal any significant difference between the means of Arial-Pass after varying level of induced value was much lower than the calculated value at .05 level of significant.Discussion of FindingsFrom the finding it was observed that the accuracy of soccer skill increased after 30 minute of game induced fatigue in comparison to the pre test score.

It may be due to proper warm up of the body and mental concentration of the players because accuracy of this skill is increased after some conditioning of the body and mental concentration.

After 60 and 90 minute of game induced fatigue accuracy of the skill decreased. Accuracy of soccer skill depends upon functional capacity of the central nervous system of an individual, due to induced physical fatigue would induce local muscular fatigue plus other factor such as lactic acid concentration, reduction of blood glucose level (hypoglycemia) loss of body water (dehydration), loss of body electrolytes (sodium and potassium), high body temperature (hypothermia)1 which effect the accuracy of the soccer skill.

It means there was a significant difference between accuracy of soccer skill in varying level induced fatigue.

REFERENCES

Albert V Carron. “Physical Fatigue and Motor Learning” Research Quarterly 40:4 (December 1969) : 682Amusa Lateef O. and Sohi A.S., “The effects of soccer training on muscular performance, cardio-vascular

efficiency and body composition,” SNIPES Journal 8:1 (January 1985), Pg. 3.Arthor Jones, “specificity in strength Training the facts and tables,” Athletic Journal 57 (may

1997), pg. 70.Bassie L. Park, “ The relation between physical fitness and success in Physical Education Athletics”, Research

Quarterly, 6 (March 1935), Pg. 263.Bryant James E.. “A Descriptive Case Study Analysis the Basketball Jump Shots and the EffectCotton Doyiu: Willium Spieth: Jerry Thomas and Judson Biaslotto “Effect Of Initial And Interpolated Fatigue On 1

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Learning And Performance Of A Gross Motor Skill”. Abstract of Research Papers (Houston: Aahfer. 1972) :108

Greig M. “Muscle fatigue induced by exercise simulating the work rate of competitive soccer.” ‘Medical and Exercise Science Department, The Football Association, Lilleshall National Sports Centre, Nr Newport, Lilleshall TF10 9AT, United Kingdom. [email protected].

Hoffman JR, Ratamess NA “The effect of muscle fatigue on instep kicking kinetics and kinematics in association football” , The College of New Jersey, PO Box 7718, Ewing, NJ 08628, USA. [email protected].

Marshall Thedore R.. “The Immediate Effect of Fatigue on Selected Measures of Kinesthesis in Junior High School Boys” Completed Research in Health, Physical Education and Recreation (1969): 139

Singer Robert N, “Ccoaching, athletics and psychology” (New York: Mcgraw Hill Book Company 1972).Singer Robert N, “Motor Learning and Human Performance” 2nd ed (New York: Mac Millan

Publication 1975). Thomas J.P., Let us coush soccer (Madras: The Y.M.C.A. college of physical education, 1964).

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A JOURNEY OF EXPLOITATION AND HARASSMENT: A STUDY OF VAN GUJJARS:

Mohammad Umar Khan

Abstract: The original inhabitants of India have been suffering and have been exploited through a journey from Criminal tribes Act, 1871 to the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. Indigenous/ Tribal or Adivasis regarded as the original inhabitants of India, mostly were residing close to or in the forest areas, their livelihood based on the forest produces. The term Adivasis means: Adi - beginning or earliest time, vasi - resident of. The idea is that the adivasis were the original inhabitants of India. This term entered in use post independence of India only, they are also called “tribal”. Indigenous/Tribal or adivasis (in Devanagari script) literally means “original inhabitants” of India, comprise a substantial indigenous minority of the population of India. They are also called Atavika (forest dwellers in Sanskrit Texts), Vanavasis or Girijans (Hill people, By Mahatma Gandhi). They constitute 8.04% of the nation’s total population, over 84 million people according to the 2011 census. One concentration lives in a belt along the Himalayas stretching through Himachal Pradesh and Uttarakhand, Jammu & Kashmir, In the Northeastern states of Arunachal Pradesh Meghalaya, Mizoram and Nagaland more than 90% population is tribal. The Indigenous people or tribal people are found in every part of the country, particularly Odisha, Madhya Pradesh, Chhattisgarh, Rajasthan, Gujarat, Maharashtra, Andhra Pradesh, Bihar, Jharkhand and West Bengal.Indigenous/ Nomads and Tribal people: Question is who is an Indigenous or tribal in India? Those communities who had been listed under the Criminal Tribes Act, 1871 as criminal and those who had been listed under Habitual Offenders Act, 1952 as born criminal/offenders are Indigenous or tribal people or those who demonstrated, used unlawful means to force the government to give them the Scheduled Tribe status? Earlier the life or livelihood of those communities was based on forests, but when the British government started exploitation of forest, these indigenous or tribal communities determinedly resisted the attempts to annex their land for plantation and to try and use them as plantation labour. During the first independence movement the indigenous/ tribal or nomadic communities participated and raised their voices against the British Government, frustrated by this movement of these people the British Government passed “The Criminal Tribes Act 1871” under which most of the tribal, indigenous and nomadic communities (such as Sansi, Pardhis, Kanjars, Bawarias and Van Gujjars etc) were declared as “Criminal” by that Act more than 200 communities were declared as criminal tribes or the people who were born as criminal. Post Independence: Original Inhabitants of the country are still facing injustice, exploitation, and deprivation: the general excuse of the exploitation, harassment and injustices which was done against these communities during British rule is that the British people had no genuine interest in any development, they had only one motive to exploit Indian resources. So to achieve their objective they

LLM (AMU) Peace building & local Governance: The Hague Academy, Metherland: State Coordinator, Researcher (RLEK) Dehradun, India

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enacted various laws (like forest Laws, Mining laws) which directly affected the life of the indigenous or tribal people. To some extent after Independence the Government of India in 1952 tried to give some recognition to these communities, so the Indian government de notified the Criminal Tribes Act, 1871, but same time enacted the “Habitual Offenders Act 1952” the difference between these two laws is that whereas under Criminal Tribes Act all those communities who resisted or raised their voice against British Government booked under that Act and in 1952 through “Habitual Offenders Act” all those who were listed under that criminal tribes Act were given a new name i.e. habitual offender Act, that these are criminals by their habit. It is the irony of our legal system that many communities listed as habitual offenders.Indigenous/ Nomads or tribal: Right to livelihood: law that affected these communities: 1: The Criminal Tribes Act, 18712: Habitual Offenders Act 19523: The Wild Life (Protection) Act 19724: Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights), Act 2006. Indigenous or Tribal Communities: These communities represent 8.3% of India’s population and fall in the category of today’s de notified tribes. The term “criminal tribes” was coined by the British rulers, and entered the public vocabulary for the first time when a piece of legislation called the Criminal Tribes Act passed in 1871. With the repeal of this Act (which was condemned by Pandit Nehru as a blot on the legal books of free India and a shame to all civilized societies) these communities were officially “de notified” in 1952.The commissioner for Scheduled Castes and Scheduled Tribes in his 29th report said that “The criminalization of the entire communities in the tribal areas is the darkest blot on the liberal tradition of our country”.Since time immemorial millions of indigenous or tribal people are living in and near India’s forest land, but the forest earlier was the property of Britishers during colonial India and after Independence on the name of conservation of forest, save tigers, environment and forest protection and the forest became the property of the government (or property of forest officials or their forefather or ancestral property). The original inhabitants, the savior of the forest and the savior of wild life since centuries they have no rights to their homes, lands or livelihoods. The people who lived in forest become the destructors, enemy and danger to the wild life or wild animals, and few government officials have all the power over forests, with various laws to protect forest and wild life the result which we have today is that forest, wild life and people are dying? Because the more power the forest bureaucracy retains, the more it will harm both wild life and people.As Abraham Lincoln (former president of America) rightly said “I am in favor of animal rights as well as human rights, that is the way of a whole human being” Wild life protection versus Human Rights violation: A study of Van Gujjars ( Nomads/ transhumance community) of Rajaji National Park: “A good deed done to an animal is as meritorious as a good deed done to a human being, while an act of cruelty to an animal is as bad as an act of cruelty to a human being” Prophet Mohammad(PBUH)The Indian Parliament in 1972 passed the Wild Life (Protection) Act 1972, the objective of the Act was to provide protection to wild animals, birds and plants and to arrest the rapid decline in Indian wild life. With this view the Uttar Pradesh government in exercise of the powers under sub section (1) of section 35 of the Wild Life (protection) Act 1972 (Act no 53 of 1972) declared his intention by a notification No. 5440/xiv-3-84/76, dated August 12, 1983, to constitute the said area as national park to be named as “Rajaji National Park”.Van Gujjars: the Van Gujjars have been living in this forest in the Shivalik, Garhwal region of Uttarakhand, Uttar Pradesh and Himachal Pradesh since long. For centuries they are exercising the traditional rights of grazing, lopping etc. to sustain their livelihood by selling milk and milk products. They have been practicing transhumance between two different eco zones of the Himalayas- migrating

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to high altitude pasture in Himalayas during summer in search of fresh fodder for their buffaloes and returning to the plains with the onset of winter. Origin and History: the origin of Van Gujjars is uncertain1 The Gujjara clan appeared in northern India about the time of the Huna invasions of northern India. Some scholars, such as V.A Smith, believe that the Gujjars were foreign immigrants, possibly a branch of Hephthalites ( white Huns)2, D.B Bhandarkar ( 1875- 1957) believed that Gujjars came into India with the Hunas and the name of the tribe was sanskritized to Gujjara--- he also believed that several places in Central Asia, such as “Gujristan” are named after the Gujjars and that reminiscence of Gujjar migration is preserved in these names, General Cunningham identified the Gujjars with Yuezhi or Tocharians.Gujjars have also been hypothesized to be descended from the nomadic Khazar tribes, although the history of Khazars shows an entirely different politico-culture ethos.3--some scholars believe that the word “Gujjar” is derived from the word “Khazar”--- The Indo-Aryan languages lacked the sounds “Kh” and “Z” converting them respectively into “g” and “J” ---, In Gazetteer of Bombay presidency, the British civil servant James M. Campbell identified Gujjars with “Khazars.”Some Gujjars also claim that Gujjar caste is related to the Chechens and the Georgians, and argue that Georgia was traditionally called “Gujaristan” (actually Gorgestan)4. Some of them also claim that Germans are Gujjars. However there is no evidence for such claims. The word “Georgia” derived from the Arabic and Persian word Gujr and Gujjar or Gurjar 5. The semi nomadic Gujjars are found in the states of Jammu and Kashmir, Himachal Pradesh and Uttarakhand. It is believed that Gujjars migrated to Jammu and Kashmir from Gujarat via Rajasthan and Hazara district of NWFP. Another group called Bakarwal ( Bakerwal) belongs to the same ethnic stock as the Gujjars.The Gujjars community in Jammu and Kashmir and Himachal Pradesh were notified as Scheduled Tribes, but in Uttarakhand the Van Gujjars comes under the Other Backward Class category. The Van Gujjars (forest Gujjars) a fiercely independent, Muslim, Vegetarian, Nomadic, Pastoral Indigenous Community found in Shivalik hills area of north India. The Van Gujjars follow Islam and they have their own clans, similar to the Hindu Gotras. They are a Pastoral, Semi- Nomadic community, practicing transhumance, in the winter season they migrate with their herds to the Shivalik foothills and in summer they migrate to pasture high up in the mountains. Their knowledge about wild life and silvi culture is super the sustenance of their economy is very dependent on the buffaloes herds they rear.They are Muslim (Minority amongst minorities) Nomads and true followers of Gandhian philosophy, self reliant, philosophy of need not greed, sustainability through buffalo rearing and milk production, they are the supplier of milk to the pilgrims of Badrinath, Kedarnath and Hemkund Saheb in the Himalayas, promote eco tourism and no criminal/ poaching charges against any one and they also pay tax to the government, lopping, grazing tax and Dastoor and salami charges (bribe).First freedom Fighter: Kulloo or Kulwa Gujjar was a freedom fighter who fought against the British Tyranny. He announced his intention of throwing/ casting off the foreign yoke. In 1824 Kulwa Gujjar was killed along with 122 other Gujjars and Kulwa’s head was hung in an iron cage over the door of the Jail. 6

Forest laws and Indigenous/tribal: The Indian Forest Act 1927, India’s main forest law had nothing to do with conservation, it was created to serve the British need for timber. It sought to override customary rights and forest management systems by declaring forest as state property and exploiting their timber. 60% of India’s national parks have till today not completed their process of enquiry and settlement of rights. As the Tiger Task Force of Government of India put it “in the name of conservation, what has been carried out is a completely illegal and unconstitutional land acquisition program”The same model was subsequently built into the Wild Life (Protection) Act 1972 passed with similar consequences, because after more than 40 years of that Act the result of the Wild Life (Protection) Act and declaration of that area as national park ( after the notification of the intention in 1983 to declare the area as proposed Rajaji National Park) is that thousands of Van Gujjars become subject to harassment, forcefully evictions from the park, torture, exploitation, extortion of money etc on the

1

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pretext of being encroachers in their own homes and violation of their basic human rights i. e. right to life, by the forest officials on the name of wild life protection and forest conservation. It is a criminal offence for you and I to plant a tree in a reserved forest; but it is legal for the forest department to fell the entire forest so long as it has a central government permission, and what about wild life? Is the wild life (animals, birds, plants and species increased after the passing of Act or going to decreased or disappeared or extinct? It is disheartening to know that the notification regarding the declaration of that area as Rajaji national park was long back in violation of the provisions of the Wild Life (Protection) Act 1972, as before issuing the final notification determining the rights of the Van Gujjars community living in the forest area ( Rajaji National Park) the state is required to comply inter alia with the provisions of sections 19 to 26 of that Act ( WLP Act 1972) that has not been done.Rehabilitation Program of van Gujjars living in the Rajaji National Park at Pathari and Gaindikhata: After the notification of intention to declare the area as National Park, the forest department started to use coercive and harassing tactics to force the Van Gujjars community to leave the forest. The Van Gujjars relocation or rehabilitation program in 1976-77 was the first rehabilitation program of the community, they were rehabilitated at a place called “Dhola Tappad” and till now at that place there is no water supply, electricity, no school, Hospital and even possession and ownership rights of land (documents/ receipt) which was promised to them to be allotted given to them by the government or authorities is absent. Second rehabilitation program in 1983 was in “Pathari” - identified as a place for the rehabilitation of Van Gujjars living in the Rajaji National Park, 512 families were identified to be settled at that place and promise was made to provide them housing and other facilities. In the mean time Mr. Jagat Narayan (Additional Chief Conservator) in his report clearly mentioned that “Pathari” is not a proper and suitable place for rehabilitation of the Van Gujjars community as the land in Pathari is marshy. Ignoring that report and without consulting the Van Gujjars community before their rehabilitation program the forest department constructed only few houses there and till now no arrangement of providing drinking water, roads, school have been made by the forest department. (The houses constructed at that time now in a depilated condition, abandoned by the community because they are not in a condition to be used as house or shelter.) The forest officials used coercive measure/methods to harass the community and forced them to move out from the forest. However 512 families were showed as voluntary rehabilitated at Pathari, and more than 800 families were forcefully moved at Ghaindikhata and around 50 families at Dhola Tappad. As was promised by the government to give compensation to the rehabilitated families of the community, but not even a single Rupee was given to any Van Gujjars as compensation. The rehabilitation policy of the Van Gujjars as made and approved by the government says that two acres of land to each family and Rs. 10,000 as transporting charges will be given to the community who will be rehabilitated from the forest. A big scale of corruption in rehabilitation program of the community was found by the forest department itself. (Mr. Shrikant Chandola in his report mentioned about corruption in rehabilitation program of the Van Gujjars). Against the harassment, exploitation, coercive and forcefully eviction of the Van Gujjars from the National Park, Rural Litigation and Entitlement Kendra (RLEK,) on behalf of the Van Gujjars approached National Human Rights Commission for its intervention and protection of basic human rights of the community.National Human Rights Commission (NHRC) order: The NHRC vide their consent order dated 15/3/1999 passed certain orders and directions for the forest department to protect the basic human rights of the Van Gujjars Community.7

1: Van Gujjars living inside the forest area cannot be denied the rights, which they have been enjoying since time immemorial viz right to lop and right to graze their cattle. The forest authorities are not entitled to coerce the Van Gujjars families to move out of their habitation until their rights are legally determined in accordance with the law. Until the Van Gujjars families move out on their own volition as ascertained by the District Judge nominated by the Uttar Pradesh government or until their rights are determined in accordance with law thereby rendering them liable to move out of the forest their

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rights have to be protected. They should not be subjected to any difficulty or harassment by the forest authorities in the enjoyment of their legitimate rights and be allowed to lead their normal life as before.2: The Government of UP should expeditiously appoint a retired District Judge to ascertain the willingness of Van Gujjar families to leave the forest to settle outside according to the resettlement plan. Only those families, which the District Judge identifies as willing families, would be moved out under the rehabilitation scheme. 3: The Van Gujjars cannot be coerced to leave their forest habitat by the proposed park authorities to settle outside. Forest officials cannot oust Gujjars from their forest homes. 4: Forest authorities should allow any ambulance that is needed for providing medical assistance subject to the condition that one of the forest officials nominated for the purpose is taken in the ambulance. In order to avoid delay for purpose of granting permission to take the ambulance inside the forest the official at the entry point itself could be authorized to give permission immediately. Permission should not be declined except by a written order given immediately, recording the reasons for the same.5: The forest authorities should not deny the grazing rights in respect of the existing cattle, which are around 11000. The existing permits, which were granted for about 4300 cattle, should be extended to 11000 permits. No coercive steps should be taken to remove any of the existing cattle from the forest area. 6: When permission is sought by any Van Gujjar family to ferry food for themselves or supplementary feed for their cattle such permission should be given expeditiously by the proposed park director. The order of NHRC always and completely ignored by the forest officials and they used more coercive and harassing tactics against the Van Gujjar community. False charges of poaching and wild life animal trade were filed against them, their houses were burnt, they were not allowed to enter in the forest, food and fodder for their animals was not allowed inside the park, no ambulance for providing medical assistance to ill/sick was allowed and even if someone died the forest officials were not allowing the cremation, no land pattas and legal entitlements were given to the rehabilitated families, and were not allowed to exercise their traditional grazing and lopping rights: The Scheduled Tribes and Other traditional forest Dwellers (recognition of forest Right) Act 2006: A weapon of democracy: Across India’s forest areas, people are fighting for democracy, livelihood and dignity, what are called forest in Indian law often have nothing to do with actual forests. Under the Indian Forest Act areas were often declared to be government forest without recording who lived in forest areas, what land they were using, what uses they made of the forest and so on. The Scheduled Tribes and Other traditional forest Dwellers (recognition of forest Right) Act 2006 is an instrument in that struggle. The notification of Rules of the implementation of the forest rights Act 2006 on 1st January 2008 have finally paved the way to undo the historic injustice done to the indigenous/ tribal and other forest dwellers.What are the conditions in the forest area? Millions of people are subject to harassment, evictions on the pretext of being encroachers in their own homes. Torture, bonded labour, extortion of money and sexual assault are extremely common by the forest officials. What does the forest rights Act 2006 do? The act basically does two things: 1: Grants legal recognition to the rights of traditional forest dwelling communities, correcting the injustices caused by the forest laws and 2: makes a beginning towards giving communities a voice in forest and wild life conservation.There are two stages to be eligible under this Act. First, everyone has to satisfy two conditions: 1: Primarily residing in forest ( As van Gujjar Community are living inside the Rajaji National Park even before the forest law in India was born.) 2: depends on forest and forest land for livelihood (namely “bona fide livelihood needs” Van gujjars practice transhumance, between two eco zones so their livelihood based on buffaloes they rear.Second you have to prove: that the above conditions have been true for 75 years, in which case are Other traditional forest dweller ( S.2 (o); or that you are a member of a Scheduled Tribe ( S 2 (c); and that you are residing in the area where they are Scheduled ( S.4 (1);The Van Gujjars are traditionally forest dwellers (comes under section 2 (o) of the Act, living in the

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forest since centuries. The law recognizes three types of rights: Land rights: Section 4 (3) No one gets any rights to any land that they have not been cultivating prior to December 13, 2005 and those who are cultivating land but don’t have document can claim up to 4 hectares as long as they are cultivating the land themselves for a livelihood Section 3(1) (a) and 4 (6), those who have pattas or government lease, but whose land has been illegally taken by the forest department or whose land is the subject of a dispute between forest and revenue department, can claim that land Section 3 (1) (f) and (g)Right to use: the law provides for right to use and/or collect the following: Minor forest produce things like Tendu Patta, herbs, medicinal plants etc. that have been traditionally collected (Section 3 (1) (c)) this does not include timber.Grazing grounds and water bodies Section 3Traditional areas of use by nomadic or pastoral communities i.e. communities that move with their herds as opposed to practicing settled agriculture. Right to protect and conserve the forest: though the forest is supposed to belong to all of us. Till date no one expect the forest department had a right to protect it. For the first time, this law also gives the community the right to protect and manage the forest. Section 3 (1) (i) provide a right and power to conserve community forest resources, while section 5 gives the community a general power to protect wild life and forest etc. this is vital for the thousands of village communities who are protecting their forests and wild life against threats from forest mafias, industries and land grabbers, most of whom operate in connivance with the forest department.Conclusion: After 7 years of passing of the Scheduled Tribes and other traditional forest dwellers (recognition of forest rights) Act 2006 and clear order and direction by the National Human Rights commission in 1999 the life of the Van Gujjars have not change, still the forest department harassing and exploitation them on the name of wild life protection and forest conservation: “We are not allowed to take our daily supply of ration inside the national park, moreover when a Van Gujjar dies inside the forest (national park) we are not allowed to cremate in the graveyard inside the forest and to bring the body out for cremation is a big harassment by the hands of the forest officials” said Ferozdin, Kaluwala range, Rajaji national park.“If a woman’s husband dies in a family the forest officers’ trouble wife saying that land patta was given to your husband and now you have no claim or rights over that land, said Aqlobibi.“Our permits to enter inside the park where we are living since centuries required to be renewed every year we face severe harassment by the forest official for every work or permission or permit. Said Firoz Hussain. 8

The questions need to be answer: Why were people’s rights not respected when these forests were declared as protected/ reserved?Why we don’t considered or respect human rights when talked about wild life protection?What we called “forest “in Indian law often have nothing to do with actual forest because both forest and indigenous/tribal are dying? The forest area is decreasing day by day and indigenous/tribal people are also losing their culture, tradition, their language and their knowledge about natural herbs, medicinal plants, natural treatment etc which they used.The best example is what has been happened to tiger conservation since 1972 into which enormous amounts of money have been poured and how much the tiger population is increased? Could not even saved what we had?Mistakes may have been made, but surely the Scheduled Tribes and Other traditional forest dwellers ( recognition of forest rights) Act 2006 is the only way to protect our forest, wild life and our indig-enous/ Van Gujjars/tribal people. But why the Van Gujjars community of the Rajaji National Park are not enjoying any rights which they are entitled under Scheduled Tribes and Other traditional forest dwellers ( recognition of forest rights) Act 2006, right to land, rights over minor forest produce, graz-

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ing and lopping rights, moving from other places for grazing their animal? And even right to food, health, right to go inside the park are violated by the forest officials and still today they are subject or face harassment, exploitation, torture and false charges and cases by forest official, why? These are the few questions which still remain.

REFERENCES:

1: “ Gurjara-Pratihara Dynastyrv”. Britannica Concise. Encyclopædia Britannica. Retrieved 2011-05-312: Smith, Vincent Arthur (1999) [1904]. The Early History of India; From 600 B.C. to the Muhammadan Conquest Including The Invasion of Alexander The Great. Atlantic Publishers and Distributors. pp. 166–174. ISBN 81-7156-618-9.3: Parishad, Bharatiya Gurjar (1996). “Gurjara aura Unakā Itihāsa meṃ Yogadāna Vishaya para Prathama Itihāsa Sammelana”. Im Nin’alu’s 2nd Book (The Packard Humanities Institute). pp. 34–65. Retrieved 2007-05-314: Stephen M. Lyon. “Gujars and Gujarism: simple quaum versus network activism”. University of Kent at Canterbury. Retrieved 2007-05-31/ “Gujjars from Georgia: seminar”. The Tribune. 12 May 1999. Retrieved 2007-05-31.5: Curtis, Glenn E. (2004). Georgia a Country Study. Kessinger Publishing. p. 89. ISBN 1-4191-2165-0./ Nasmyth, Peter (2001). Georgia: In the Mountains of Poetry. Routledge. p. 9. ISBN 0-7007-1395-66: Memoir of Dehradun, G.R.C Williams: First published 1874: at p 1537: National Human Rights Commission’s order dated 15/3/19998: Van Gujjar’s Interview at Rajaji National Park march 2013 Laws: Criminal Tribes Act 1872Wild Life (Protection) Act 1972The Scheduled Tribes and Other traditional forest dwellers (recognition of forest rights) Act 2006

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SOCIO-ECONOMIC STATUS AND MUSLIM EDUCATIONAL BACKWARDNESS: AN

OVERVIEW OF THE EXISTING SITUATION.

Sajad Ahmed*

India is a multi-cultural, multi-religious society where the religious minorities constitute 20% of the population. Among the minorities, the Muslim minority constituting 15% of the entire population is educationally the worst off. If a country is educationally backward, it also becomes economically backward and this economic backwardness leads to social backwardness, which in turn reinforces educational backwardness. Indian Muslims constitute more than 15 per cent of Indian population which is quite sizeable by any account and they are more than 150 million in terms of absolute numbers. It is maintained and rightly said that they are next only to Muslim population in Indonesia. Their economic and educational progress is, therefore, very crucial for the progress of the country. No country can progress, if its sizeable minority lags behind and remains illiterate and poor. Muslim educational backwardness is largely a product of Muslim poverty. The vast majority of the Indian Muslims work as landless labourers, small or marginal peasants, artisans, petty shopkeepers and the like. More than half the urban Muslim population lives below the poverty line, and as compared to Hindus, proportionately a considerably higher number of Muslims are self-employed. India’s Muslims have the lowest living standard in the country on the per capita basis. Given their structural location in the economy and the perception of discrimination, relatively few Muslims can afford or aspire to higher education. Muslims across most parts of India, as a community are deeply impoverished and suffer from huge illiteracy, a high drop-out rate, below average work participation and lack of stable and secure employment In the present paper, an attempt has been made by the investigator to highlight the issues relating to Muslim poverty and their educational backwardness.INTRODUCTION:Education, in the present day context, is perhaps the single most important means for individuals to improve personal endowments, build capability levels, overcome constraints and enlarge their available set of opportunities and choices for a sustained improvement in well-being. It is not only a means to enhance human capital, productivity but it is equally important for enabling the process of acquisition, assimilation and communication of information and knowledge, all of which augments a person’s quality of life. Education is important not merely as means to other ends, but it is an attribute valued in itself, by most individuals. More importantly, it is a critical invasive instrument for bringing about social, economic and political inclusion and a durable integration of people, particularly those ‘excluded’, from the mainstream of any society” (NHDR 2001: 48). Education stimulates economic growth and the development of poor countries, when both the quantity and the quality of education are considered. This also makes it possible for individuals to earn more. Any country’s economic growth can be improved by better and quality education as it generates opportunities and avenues for economy and income. Education brings social benefits that

*Research Scholar, Department of Education, Aligarh Muslim University, Aligarh. UGC NET qualified.

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improve the situation of the poor. Education is the source of economic, social and political energy, divine enlightment and primary vehicle by which everyone can lift himself/herself out of poverty. Educational outcomes generally improve as the socioeconomic status (SES) of children rises “in all countries, at all age levels, and for all subjects” (UNESCO EFA, 2004). Some of the advantages that education provides include an improvement of living standards of communities and contribution to the social and economic development of countries.

Hindus and Muslim have cohabited in India for centuries, with Muslims ruling most of the Indian subcontinent from the early 16th to the mid-19th centuries. However, today, their socioeconomic and educational condition is not better than low caste Hindus. Their economic and educational progress is therefore very crucial for the progress of the country. This social, economic and educational backwardness of Muslims is not merely confirmed by the individual researchers and surveys of voluntary organizations but also by Committees of Government. The High Power Panel under the chairmanship of Dr. Gopal Singh, set up by the Ministry of Home Affairs in the early 1980 to enquire into social and economic conditions of the Indian minorities, they found Muslims are backward (GOI, 1983). After 25 years, again this is evident from the findings of the Prime Minister’s High Level Committee under the chairmanship of Justice Rajinder Sachar, constituted to enquire into socio-economic and educational status of Muslims (Sachar, 2006).

INTERPLAY OF POVERTY AND EDUCATION- RISE IN ONE LEADS DECAY IN ANOTHER. It has been accepted and widely agreed that there is a direct and causal relationship between education and poverty and this relationship operates in two directions: poor people are often unable to obtain access to an adequate education, and without an adequate education people are often constrained to a life of poverty. Poverty is a wider concept than merely the absence of financial resources. it is not simply the absence of financial resources, but includes the lack of capability to function effectively in society. Inadequate education can thus be considered a form of poverty. This poverty emphasizes exclusion from the mainstream, which can reduce the motivation of the relatively poor and their ability to gain full benefits from education. High financial costs of schooling make education less affordable to the poor, who are very cost sensitive. The relatively poor in developed countries, however, often feel excluded from the school community. Such exclusion affects their ability to gain the full benefits from education or to translate the benefits of education into remunerative employment. This also has a potential impact on motivation to participate or to do well in education. Low level of literacy and dismally high dropout rate at the primary and secondary level with little interest in technical and professional education has reduced them to the poor status in the society. Owing to their Socio-Economic backwardness, Muslims have not been able to respond to the challenge of improving their educational status, whereas other communities like SCs and STs have been able to reap the benefit in the field of education with active support of the Government. Educated people have a greater probability of being employed, are economically more productive, and therefore earn higher incomes. Education can reduce poverty in a number of ways. Firstly, more educated people are more likely to get jobs, are more productive, and earn more. Secondly, quality-adjusted education is important for economic growth. More and better education improves a poor country’s economic growth and thereby generates economic opportunities and incomes. Thirdly, education (particularly of girls) brings social benefits that improve the situation of the poor, such as lower fertility, improved health care of children. Throughout the world it has been found that the probability of finding employment rises with higher levels of education, and that earnings are higher for people with higher levels of education. A better educated household is less likely to be poor.. Nevertheless, the absolutely poor in developing countries usually have low education levels. Some may still not even have access to primary education or may not complete their primary education. Education stimulates economic growth and the development of poor countries, when both the quantity and the quality of education are considered. This also makes it possible for individuals to earn more.

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MUSLIM AS A SUFFERING GROUP IN SOCIO-ECONOMIC PERSPECTIVEHuman Development Report 2011 cites only a minuscule improvement in the socio-economic status of Muslims in India compared with other excluded groups. The Planning Commission’s India Human Development Report 2011, which came out recently, focuses on SC/STs and Muslims. As regards Muslims, though the report shows improvement on a few indicators, the increase has been marginal and rate of growth still much lower than for SC/STs. There is a high concentration of Muslims in urban areas, making the incidence of poverty more visible there. According to the report, in 2007-08, the percentage of poor in urban areas was 23.7% and in rural areas, it was 13.3per cent. Compared to SC/STs and other social and religious groups, urban poverty is highest amongst Muslims, and rural poverty amongst Muslims is also higher than that of other religious groups and other backward classes (OBCs). We see a similar trend with literacy figures when we compare 2004-5 with the 2007-8 reference period of the report. Urban literacy in general (from 1999-2000 to 2007-8) has increased from 69.8% to 75.1% and rural literacy from 52.1% to 63.5%.

India’s Muslims have the lowest living standard in the country on a per capita basis. Muslims constitute 14.4 percent of India’s vast population. The socio-economic decline of Muslims is countrywide and severe, bringing the community to the bottom of the socio-economic ladder. Among various religious groups, Muslims have the lowest living standard with the average per capita expenditure of just Rs. 32.66 in a day, says a government survey, the Sikh community on the other enjoys a much better lifestyle as the average per capita spending among them is Rs. 55.30 per day, while the same for Hindus is Rs. 37.50. For Christians it is Rs. 51.43. “At all-India level, the average monthly per capita expenditure (MPCE) of a Sikh household was Rs. 1,659 while that for a Muslim household was Rs. 980 in 2009-10,” said a study titled “Employment and Unemployment Situation Among Major Religious Groups in India” by the National Sample Survey Organisation (NSSO). The average household MPCE is a proxy for income and reflects the living standard of a family. According to the study, the average MPCE for Hindus and Christians were Rs. 1,125 and Rs. 1,543, respectively. The survey said that average monthly per capita consumption at all-India level was Rs. 901 in villages and Rs. 1,773 in cities. Overall, the average MPCE was Rs. 1,128. Muslims were at the bottom in rural areas, with an average MPCE of Rs. 833, followed by Hindus at Rs. 888, Christians at Rs. 1,296 and Sikhs Rs. 1,498. In urban areas, Muslims’ average MPCE was also the lowest at Rs. 1,272 followed by Hindus at Rs. 1,797, Christians Rs. 2,053 and Sikhs at Rs. 2,180.

The urban Indians (MPCE of 1773 Rupees) were almost twice as wealthy as their rural counterparts (901 Rupees). Even in India’s vast rural hinterlands, Muslims ranked at the bottom in terms of spending and wealth, while Sikhs had the most disposable income. (Again, Hindus and Christians fell somewhere in between). The same hierarchy was seen in urban regions – with Sikhs at the top, with an average MPCE of 2,180. MUSLIM AS A SUFFERING GROUP IN EDUCATIONAL PERSPECTIVE

Education is considered as a best tool to reduce poverty in a number of ways as the probability of finding employment arises with higher level of education and enables them to obtain more lucrative jobs. Better educated people have a greater probability of being employed, are economically more productive, and therefore earn higher incomes. It has been proved that quality-adjusted education is important for economic growth. Educational level of a any society or a community within a society cannot be judge from its literacy rate, though it is important indicator for making a distinction between literate and non-literate. A literate person is not defined on the basis of his/her educational attainment but only on the basis of knowledge of reading or writing any of the language. Muslim community in India is the poorest of the poor. Because of lack of education, they have less opportunity in government jobs. Owing to lack of education, the Indian Muslims lagged far behind in every walk

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of life. The socio-economic backwardness of the Muslim community in India was underlined by the Justice Sachar Committee report. Then came the Ranganathan Mishra Commission report (2007) which recommended 10 per cent job reservation for Muslims because the community occupied the lowest. The lack of access to quality education among Muslims has translated into their poor representation in regular salaried jobs in the public and private sectors. However, if we compare the rate of increase of literacy amongst Muslims with other social and religious groups, it is the lowest. Indian Muslims as a whole today enjoy less education than the average Indian and suffer economic disadvantage and social discrimination.

National Sample Survey Organisation (NSSO), a central government body, has confirmed that India’s largest religious minority is the most backward community on the educational front. Muslims’ ratio in higher education is lower than even Scheduled Tribes (STs), considered most backward. Attached to the Union Ministry of Statistics and Programme Implementation, NSSO, in its report titled “Education in India, 2007-08: Participation and Expenditure”, says that of 100 Muslims in the education system, just 10 are enrolled in high school and above. Similar ratio for STs is 11, Scheduled Castes (SCs) 12. Dropout rates are also among the highest for Muslims and this seems to go up significantly after middle school (Table 2). Higher secondary attainment levels are also among the lowest for Muslims and in relative terms, inter-SRC differences rise at the school leaving stage. This contributes to large deficits in higher education; graduate attainment rates (GARs) are also among the lowest and not converging with the average. The major problem appears to lie at the school level; once that hurdle of eligibility is crossed, differences in GARs across SRCs narrow down substantially and are often not very different. As with other areas of education, participation of Muslims in technical and engineering education is also among the lowest (data not reported here). (low level of literacy and dismally high dropout rate at the primary and secondary level with little interest in technical and professional education has reduced them to the poor status in the society. 25% Muslim children belonging to the 6-14 year age groups either drop out or never attend school in their locality. Dropout rates are higher at primary, middle and higher secondary levels.High dropout rates among Muslim students are worrisome. As with many Indians, the main reason for educational backwardness of Muslims is abject poverty due to which children are forced to drop out after the first few classes. This is particularly true for Muslim girls. Little children are expected to provide for their families by working in karkhanas (small workshops), as domestic help or by looking after their siblings while their mothers go to work. Neither Poor and illiterate parents afford tuition for their children; nor can they provide the necessary support at home which has become so essential a part of today’s educational system. The opportunity costs involved in sending children to school is also too high, making it difficult for parents to do so.

Causes and Suggestions: Zakat as an institution:As Zakat is an important system of Islamic ideology therefore it plays active role in spiritual and social life of Muslim society. The payment of Zakat is not only mandatory and obligatory but as an institution and system. Zakat is an important source of the stability of the society as it ensures proper distribution of wealth and has wide impact on the entire set up of the society. The Holy Quran has mentioned Zakat more than eighty times. It is a duty from Allah similar to the duty of ‘Salat’. Allah commands in the Holy Quran.َأَف َةاَل ّصلا اوُمیِق َةاَك ّزلا اوُتآَو .ِھ ّللاِب اوُمِصَتْعاَو “So establish Salat and give Zakat, and hold fast to Allah. (Al-Quran 22:78)No doubt, every muslim gives zakat, but where it goes. There is no system to collect zakat. The collection and distribution of Zakat require a proper system. It should be institutionalized and properly managed. Muslim organizations should come forward and play this role. Zakat committees should be constituted at the lower level. The collections will be paid through Zakat fund. Thus Zakat helps

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a lot in decreasing poverty. All this system will surely help in establishing social harmony and justice among all the members of the community as it bridges the gulf between the haves and the have-nots. In capitalistic economies, we see that the wealth accumulates into a few hands and the condition of the poor further deteriorates. One of the purposes of Zakat is to avoid such social disparity and also to remove the burden of the poor Muslims. It can help those poor and marginalised families who accordingly, resort to child labour and cannot educate their children properly.In this way, there will be reduction in Muslim poverty and this ultimately will result in the improving the socio-economic status of the community Insha Allah. In this way, there will be no need to look at the government policies and programmes for upliftment only, but we can also do a lot in improving the deteriorating situation.

Low Perceived Returns from Education:One of the specific factor for low educational achievement of Muslim community is that Muslims do not see education as a force which necessarily translates into formal employment. On the one hand there is low representation of Muslims in public or private sector employment and on the other, there perception of discrimination among Muslims about securing salaried jobs, which make them attach less importance to formal ‘secular’ education. At the same time, there is frustration among the middle class because of lack of presence and opportunities in administrative, policy and political spaces. in order to brings Muslims come forward, this perception of discrimination must be removed as far as possible.Poor Access to Schools:Many complained that only a few good quality Government schools are found in Muslim areas. The teacher pupil ratio is also high in these schools. This forces Muslim children to go to private schools, if they can afford to, or else to drop out. Schools beyond the primary level are few in Muslim localities. Exclusive girls’ schools are fewer, and are usually at a distance from Muslim localities. Lack of hostel facilities is another limiting factor. Spending on separate residential facilities, in the absence of hostels, is a great financial burden on Muslim families. More and more schools where quality education will be provided should be opened in Muslim majority areas. In addition, there should be provision of hostels for poor and meritorious students.Reservations in education and jobs:The recommendations of the Ranganath Mishra Commission report (2007) for 10% reservation for Muslims in central and state government jobs and 6% within OBC quotas for Muslim OBCs, and the inclusion of Muslim and Christian dalits in the scheduled castes list, are yet to be implemented. There should be a reservation quota for Muslims in educational institutions as well as in government jobs. All this will help in raising their socio-economic status, which in turn increase their educational status.

Lack of guidance facilities: The great factor responsible of the fall of Muslims in India was their neglect of the right type of education. The word “right type” does not mean that they remained uneducated all, but they failed to keep pace with the trend of advance elsewhere in the realm of education. They failed to understand that knowledge should not remain knowledge, but it should be transformed into skill, wisdom. They failed to observe that knowledge through skill, wisdom and understanding bestows on man the power to move towards his destiny which is the quest for higher objectives of life. All this happens because of the low perceptions attached to education and mainly due to the lack of facilities at a particular stage. All this demands for the proper provision of educational and vocational guidance at each stage of education.Education of girls:There is the problem of girls education in Muslim community as there is a presence of misconceptions still prevail. Parents don’t want to send their daughters to schools, where there is no provision of pardha system and where there is no provision of separate classrooms for boys and girls. But they forget the

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fact that, by keeping girls aside from education, we are keeping our 45-50 percent population illiterate and uneducated. How they forget the fact the benefits to a society particularly will be large, when female education improves. A girl has to take many responsibilities and among them, she has to play the role of a mother also and Mothers’ education is also an important determinant of health care and sanitation in a household. Better health status in turn translates into greater success at school, thereby bringing positive feedback to education itself in the next generation. Similarly, parental education – and again, particularly that of the mother also influences the support that parents can give to children, improving the quality and success of education in the next generation. Efforts should be made by the educated members of the community to launch programmes which will remove these misconceptions from the mind of the people in order to ensure better education for the girls.

Poverty of parents:The socio-economic condition is the most important factor influencing educational outcomes. The financial costs of schooling are often high, making it difficult for poor parents to afford schooling for their children. Such financial costs include not only school fees, but also other direct costs such as the costs of transport, school uniforms, and school books. In addition to financial costs, there are also non-financial costs, such as the cost of sending children to school. Particularly in rural areas, many children may be involved in agricultural work or domestic duties. So, in addition to opening more and more and more schools for poor Muslim community, the first need is to maintain their socio-economic status. When their socio-economic status will be improved, then poor Muslim children can be taken away from the clutches of child labour. When family economic condition will be good, the automatically, there will be increase in the enrolment of Muslim students in educational institutions.

Lack of parental support: Muslim students often have limited parental support, a factor that is strengthened when their parents also feel excluded. Poor parents can sometimes provide little support at home, or support to schools; there are often few books at home; home conditions for doing homework may be bad; children are poorly motivated to do well at school because they do not perceive the benefits of it, and so forth. Parental involvement appears to make a greater difference to performance in some situations than schools. Parents must be made aware about the significance of education. parental programmes may bring some benefits because poor parents typically have less affluent social networks, this reduces the future benefits of additional education for poor children, as they are less likely to be able to obtain good jobs. A benevolent economic environment that accentuates the gains from education may be necessary for many educational interventions to have a strong effect on povertyConclusion:Access to education is critical condition for benefiting from emerging opportunities accompanied by economic growth. The deprivation of Muslims in socio-economic and educational sector calls for a significant shift of government policies in those areas where private investment is not adequate to cover the weaker sections. With regard to school education, the condition of Muslims is one of grave concern. If this situation will be continued, then how can the country prosper? Hence for the progress and proper development of the country, Muslims should be facilitated to acquire quality education. Free and compulsory education for 6- 14 year children is the responsibility of the State and the fulfilment of this obligation is critical for the improvements in the educational conditions of Muslims.

REFERENCES: Ahmad, Aijaz-ud-Din,(1991).Muslims in India. New Delhi, Inter India Publications.Al-Quran 22:78.Ali, M. A. Problems of Muslim Community Education in India and It’s Remedies. Apple, M.W (1990). Idealogy and Curriculum. New York, Routledge.Azgar, A. M. (2013). The Importance of Education in Islam.

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Government of India, (2001), National Human Development Report 2001, New Delhi: Planning Commission. p.48

Greater Kashmir, Srinagar. (2010). Status of Muslims in India. Thu, 27 May 2010. 18:30:00 GMT, GreaterKashmir.com.Misra, R. (2007). Report of the National Commission for Religious and Linguistic Minorities. Ministry of Minority Affairs. Government of India, New Delhi.National sample survey office. (2013). Employment and unemployment situation among major religious groups in India, (july 2009- june 2010). Government of India. The Hindu. (25,11,2013). Muslims poorest among religious groups. Umbreen, J., & Malik, N, A. (2012). Socio-Political Status of Muslims in India: Post Partition. South Asian Stud-ies A Research Journal of South Asian Studies. 27 (1), 7-19.UNESCO (2004-05). Education for all: the quality imperative. EFA (Education for All) Global Monitoring Report. Paris: UNESCO. Ghosh, P. (2013) Surprise, Surprise: Muslims Are India’s Poorest And Worst Educated Religious Group. Internatioal Business Times. Retrieved from (http://tv.ibtimes.com).

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TRANSLATING MYTH INTO METAPHOR: READING MAHASWETA DEVI’S BREAST GIVER

(STANADAYINI).

Ashique Rashul*

According to The Routledge Dictionary of Literary Terms “Myths are stories of unascertainable origin or authorship accompanying or helping to explain religious beliefs. Often (though not necessarily) their subject is the exploits of a god or hero, which may be of a fabulous or superhuman nature, and which may have instituted a change in the workings of the universe or in the conditions of social life. Critics value myth positively because of its apparent spontaneity and collectivity, expressing some lastingly and generally satisfying account of human experience. Equally attractive is the apparent universality and timelessness of myth.” (2006:146) Myths tell such interesting and fundamental stories that it’s no surprise that mythology has been a rich source of inspiration for authors. Its influence has been evident ever since the ancient Greeks and Romans began telling stories about the gods. In contemporary literature myth is immensely used either directly or indirectly by the authors to convey their thought process.

Authors work with mythology in many ways. Some refer to mythological characters or scenes to add flavor to their own works. Some writers will rework mythological styles or themes. Others use ancient myths as a starting point for their own stories. Sreemati Mukherjee while talking about postcolonial writers on using of mythologies, said,

Myth provides us with structures for organizing experience and for many postcolonial and post-slavery writers dislocated by history, myth often provides ways of negotiating the stresses of history. For many women writers of colour like Morrison, Simone Scwharz-Bart and Maxine Hong Kingston, myth provides ways of claiming the margins of their gendered and racial positionality. Faced with the depredations of history, myth suggests tools for survival. (2011:140) Mahasweta Devi is one such writer who uses myth in her stories to explore the caste, class

and gendered nature of women’s oppression in India. Her use of myth is often marked with a sharp contrast with the original and her recreation of myth forces the readers to introspect with the existing cultural traditions. In a way she dymythologizes a certain myth to make the readers interact with the existing brutal reality. Her allusions drawn from myth are sometimes far-fetched and are extremely important in the context of the stories she writes. She abundantly uses Hindu mythologies to interact with the readers. Indian readers are very much aware of the Hindu mythologies and when Devi recreates the same myth, it becomes quite natural that the readers think again and again to come on terms with the dymythologization. One such story is Mahasweta Devi’s Stanadayini/Breast Giver translated from original Bengali by Gayatri Chakravorty Spivak.

‘In Breast Giver Mahasweta Devi maneuvers myth and history to offer a chilling materialist view of the former as dangerously perpetrating and reinforcing class and gender ideologies in India, and thereby reinforcing the continuity of women’s victimization’(2011:141). Jashoda was the mythical

*Research Scholar, Dept. of English Aligarh Muslim University Aligarh

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foster-mother of the god Krishna. Jashoda in India with her mythic significance is always presented as an ideal mother as she signifies plentitude of love and affection. In the story Breast Giver the character Jashoda is presented as gendered subaltern whose “breasts” signify “surplus” (1988:248) value which enables her to become a mother for sale.

In the story, Jashoda’s husband Kangalicharan, a poor Brahmin, worked at a sweetshop. He has his shins cut off as the youngest son of the Halder household ran over him in the Studebaker. The eldest Halder Babu promises Kangalicharan to help him by opening a sweetshop for him. But before that Halder Babu passes away leaving Jashoda and Kangalicharan in the moment of despair. It is at this time “the old myths are overturned to create new myths of class and gender oppression and posit the body of a subaltern woman as the site where the mythical exploitation of class and gender takes place” (2011:143). When the second son of Halder house who wishes her wife to keep her good looks in spite of multiple pregnancies, comes to know about the fabulous flow of milk from Jashoda’s breasts, is struck with the idea of having her breast-feed his children. And as “she wants to become the earth and feed her crippled husband and helpless children with fulsome harvest”, (2010:46) Jashoda agrees to the idea of breast-feeding the children of the Halder household. Then her husband suggests,

You’ll have milk in your breasts only if you have child in your belly. Now you’ll have to think of that and suffer. You will yourself be pregnant, be filled with a child, rear it at your breast…

And hence,Kangalicharan became a professional father. Jashoda was by profession Mother. (2010:50)

Jashoda is elevated to the stature of the Mother goddess, the mother of the world by the people around her, thereby making her the subject of her own exploitation. Mahasweta Devi while talking about Jashoda in the story says,

Jashoda is fully an Indian woman, whose unreasonable, unreasoning, and unintelligent devotion to her husband and love for her children, whose unnatural renunciation and forgiveness, have been kept alive in the popular consciousness of all Indian women from Sati-Savitri-Sita through Nirupa Roy to Chand Osmani. The creeps of the world understand by seeingsuch women that the old Indian tradition is still flowing free—they understand that it was with such women in mind that the following aphorisms have been composed—‘A female’s life hangs on like a turtle’s’—‘her heart breaks but no word is uttered’—‘the women will burn, her ashes will fly/ Only then will we sing her/ praise on high’. (2010:45-46)

Devi actually hits the conscience of her readers thereby showing how Indian women are worshipped as god on one side and by showing the exploitation of women on the other through the story. Thus instead of showing glory of motherhood in myth, the abjection of motherhood is shown. Throughout the history of India, mothers and motherhood is represented as very sacred and that ideal mother figure is worshipped and revered throughout. Mother goes synonymous with selflessness and sacrifice. Mahasweta Devi, in the story shows how those qualities of a mother are exploited and tampered with, by the patriarchal society. After many years when it seemed that Jashoda was really living up to the qualifications of the mythical mode, and after twenty pregnancies and perhaps breast-feeding fifty, Jashoda develops breast cancer. The end of the story witnesses the ugly and fatal breakdown of Jashoda’s body. Hard lumps develop and her breasts stink like a dead dog. The mythic mode is overturned by the ugly decomposition of the body, and the discourse of myth is replaced by the discourse of illness. The doctor explains the disease that breeds in the body of Jashoda

It happened not in a day, but over a long time. How does on perceive cancer? A hard lump inside the breast toward the top can be removed. Then gradually the lump becomes large, hard and like a congealed pressure. The skin is expected to turn orange, as is expected a shrinking of the nipple. The gland in the armpit can be inflamed. When there is ulceration, that is to say sores, one can call it the final stages. (2010:68)

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The hard facts and terms of medical science counterpoint the myth related ironical rhetoric that celebrated Jashoda’s once bountiful milk. She is spurned by her husband and children as well as the household which received the benefits of the plentiful supply of milk in her breasts. They now find her inconvenience as she struggles through the ugliness of cancer alone. Sacrifice supposedly ennobles, adds stature, and confers power. Jashoda has none of this at the end of the story:

Jashoda understood that her feet and hands are getting cold. She understood that death was coming. Jashoda couldn’t pen her eyes, but she understood that some people were looking at her hand. A needle pricked her arm. Painful breathing inside. Has to be. Who is looking? Are these her own people? The people whom she suckled because she carried them or those she suckled for living? Jashoda thought, after all, she had suckled the world, could she die alone? The doctor who sees her every day, the person who will cover her face with a sheet, will put her on a car, will put her on the furnace, are all her milk-sons. One must become Jashoda if on suckled the world. One has to die friendless, with no one even to put water in the mouth. Yet someone was supposed to be there at the end. Who was it? It was who? Who was it? (2010:73)

The view of history that Jashoda develops through her notion of her own mythical role as Jashoda, the mother of the world, is shown to be nothing more than a story of the epic exploitation of the gendered subaltern. The story ends at a point of definite narrative closure with the enigmatic narratorial comment indicating the Death of God and the death of myth:

Jashoda was god manifest, others do and did whatever she thought. Jashoda’s death was also the death of God. When a mortal masquerades as God here below, she is forsaken by all and she must always die alone. (2010:74)

But does Jashoda understand it? No. Mothers like Jashoda in India are many and are left to die like rotten carcasses. The women of India are conditioned in such a way that they accept their plight as their fate. While living in the society they could not do anything except of dying alone putting a smile in their face.

Further interrogation of the text can also lead us to see Jashoda as a metaphor for post independent India, our nation. India like Jashoda feeds us all with her plentitude of love and affection, without distinguishing between cast, creed, class and gender. And in return we the holy child of the holy Mother India abuse her, exploit her, trick her and degrade her to the point of causing cancer. As Gayatri Chakravorty Spivak puts:

Stanadayini is a parable of India after decolonization. Like the protagonist Jashoda, India is a mother-by-hire. All classes of people, the post-war rich, the ideologues, the indigenous bureaucracy, the diasporics, the people who sworn to protect the new state, abuse and exploit her. If nothing is done to sustain her, nothing given back to her, and if scientific help comes too late, she will die of consuming cancer. I suppose if one extended this parable the end of the story might come to ‘mean’ something like this: the ideological construct ‘India’ is too deeply informed by the goddess-infested reverse sexism of the Hindu majority. As long as there is this hegemonic cultural self-representation of India as a goddess-mother (dissimulating the possibility that this mother is a slave), she will collapse under the burden of the immense expectations that such a self representation permits. (2010:78)

Works Cited:1. Childs, Peter. Fowler, Roger. Ed. The Routledge Dictionary of Literary Terms. Routledge. London: 2006.2. Sen, Nandini. Ed. Mahasweta Devi: Critical Perspectives. Pencraft International. New Delhi. 2011.3. Devi, Mahasweta. Spivak, G.C. Trans. Breast Stories. Seagull Books. Calcutta. 2010.4. Spivak, G.C. In Other Worlds. Routledge. London & New York. 1988.

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CHILD LABOUR LAWS AND LEGAL REGULATION IN INDIA: A JUDICIAL ACTIVISIM

Mohammad Sabir Khan*

ABSTRACT Child labour is a serious problem across the globe with more than 250 million children working around the world. Many of these children live in underdeveloped; their living conditions are crude and their chances for education minimal. The income they bring in is, however, necessary for the survival of their families. In other cases, children are bonded, working to pay off an initial cash advance from the employer with escalating interest which leaves them effectively slaves. The information has been shared on some of the legal and programmatic initiatives undertaken in India over the last decade or so to address the problem of child labor. These programs remain committed to the full eradication of all forms of child labor wherever it might exist in India, beginning with the most exploitative and hazardous forms and have adopted this goal as part of national policy. Both the Indian courts and the National Human Rights Commission have been paying increasing attention to the issue. INTRODUCTION The Child has been the subject of special laws and legal provisions. Because of its tender years, weak physique, and inadequately developed mind and understanding, every child needs protection against moral and physical harm and exploitation by others. In the formative years of its life, the child needs special care service to realize its full potential for growth and development. There are about 300 Central and State Statutes concerning children. These have been enacted with an intention to protect and help children and achieve the goal of child labour welfare enshrined in our National charter.There is disagreement regarding the size of the children working in India. Much of the confusion is regarding the definition of who is a child labour? The most accepted definition of child labour is one who is in between the age of 4 to 14, who is working for wage in the labour market. This being the case, India is one of the few countries having the largest number of child labour. Estimation of child labour in India is done by both the Census and National Sample Survey Organisation (NSSO).According to the Census of India, the working children in India were 10.75 millions in 1971 but it creased in next decade and reached to 13.64 millions, which disturb the researcher and policy framers. The Government has framed central policy in 1987. The result of the policy was reflected in the Census of 1991, where it was decline to 11.29 millions. Many steps have been taken by the Central Government and State Governments to eliminate child labour during the decades of 1991-2001 and many occupations and processes were prohibited from the employment of children. Again Census of India 2001, attract the attention of the policy maker, to re-think for elimination of child labour as the Census reveals that child labour increased to 12.67 millions between the age group of 5 to 14 years. The trend of child labour can been as follows-The trend of child labour in various States of the country from 1971 to 2001. It reveals that Uttar Pradesh is the State where more than 15% of the child population are working as child labour, followed

*Researcher

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by Andhra Pradesh, Rajasthan, Bihar and Madhya Pradesh, those found with more than 8% children in the work. On the other hand, Gujarat is at the ninth place in ranking and found with the 3.85% children as child labour.

II. NATIONAL AND INTERNATIONAL TREND OF CHILD LABOURArticle 51 (c) of the DPSP requires the State to ‘foster respect for international law and treaty obligations in the dealings of organized people with one another’. Under article 253 of the Constitution, the Parliament has the power to make any law ‘for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body’. For instance, the Immoral Traffic (Prevention) Act, 1956, was enacted following the ratification by the Government of India of the International Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others.

The following graph compares the trend of child labour in 1950 with child labour in 2000 across the world, which may be cleared from the following

Table : 1 - Trend in Labour Participation Rates for ChildrenCountries 1950 (%) 2000 (%)World 27.57 11.32Africa 38.42 24.92Latin America & Caribbean 19.36 8.21Asia 36.06 10.18Europe 6.49 0.04India 34.52 12.07China 47.85 7.86

The graph reveals that child labour in India is decline in similar ratio as world decline. Whereas, India has yet not ratified ILO core Convention 138 of 1973, than also India has decline child labour

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in more ratio than the world.III. CHILD LABOUR VERSUS CHILD WORK There is considerable discourse on the distinction between child labour and child work. At its most basic definition, child labour is waged and child work is the unwaged activities that children do in the course of their everyday lives. Often those endorse this distinction argue that the latter form of work is a positive part of the socialization process. The World Bank considers work within the protection of a family beneficial to a child’s development, and theorists such as Liebel, favour the positive element of light work with limited working hours. dismiss this argument as weak, arguing that light work includes carrying firewood and water, animal husbandry and helping in the field.Individually, the tasks may not be time consuming but it is rare that a child will only partake in one activity. The trend in human trafficking cases reported under the above heads during 2006-2011, shows an overall declining trend, with year to year variation. From nearly 5000 cases in 2006, it declined over the years, touching the lowest in 2009 (2848 cases) increased to 3422 cases in 2010, and 3517 cases in 2011.V. CONSTITUTIONAL PROVISIONSConstitution of India contains provisions for survival, development and protection of children; these are mainly included in Part III and Part IV of the Constitution, i.e., fundamental rights and directive principles of state policy. India follows pro-active policy towards tackling child labour problem. The concern for children in general and child labour in particular is reflected through the Articles of the Constitution of India. In Article 23, it prohibits traffic in human being and begar and other similar forms of forced labour. Under Article 24 it has laid down that “no child under the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment”. Article 39(e) and (f) requires the State and secure that the tender age of children are not abused and to ensure that they are not forced by economic necessity to enter avocations unsuited in their age or strength. Those children are given opportunities and facilities to develop in a healthy manner and conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. Article 45 provides, for free and compulsory education for all children until they complete the age of 14 years. Article 51A(k) makes it a fundamental duty of the parent or Guardian to provide opportunities for education to the child or ward between the age of 6 and 14 years. Art. 21-A recognizes that the Right to Education as fundamental right and it mandates that, the state shall provide free and compulsory education to all children of age of six to fourteen years in such manner as the state may, by law, determine.(A)Factories Act, 1948 The Factories Act, 1948 prohibits employment of a child below 14 years in any factory. This Act, extends to the whole of India except the state of Jammu and Kashmir.11 Section 67 of the Act, enacts an absolute prohibition of employment of a child in any factory. It means no child below the age of 14 years can be asked to work or if he himself wants to work can be permitted to work in any factory.(B)The Mines Act, 1952 This Act extends to the whole of India. This Act defines child as a person who has not completed his 15 years. The Act not only prohibits the employment of children in mines, but also prohibits the presence of children in any part of a mine which is below ground or in any open cast working in which any mining operation is being carried on. Even an adolescent is not allowed to work in any part of a mine which is below ground, unless he has completed his 16th year and has a medical certificate of fitness for work. A certificate is valid only for twelve months. Under the Act, adolescent is allowed to be employed in any mine except between 6 am and 6 pm.(C)Beedi and Cigar Workers (Conditions of Employment) Act, 1966 This Act extends to the whole of India. This is a special legislation for regulating conditions of work of Beedi and cigar workers. Although the Factories Act, applies to such workers but the employers intentionally split the concerns into small units to escape the provisions of the Factories Act. Further,

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a special feature of this industry is that the manufacturers of Beedis get the work done through contract labour and also in private dwelling houses which again leads to avoidance the provisions of the Factories Act. This Act tries to meet such difficulties.There are number of child labour legislations prohibiting the employment of children below 14 years and 15 years in certain specified employments. However, contrary to our international commitment and all proclamations in the country’s Constitution, and despite all the legislative measures, child labour is a harsh reality. Due to lack of political will and in absence of realistic measures to tackle the problem, the percentage of child labour in the total labour force of the country kept on increasing over the years. In fact, the evil of child labour has not only survived but has become deep rooted and multi-dimensional.(D)Contract Labour (Regulations and Abolition) Act, 1970 The Act also extends to the whole of India. The Act applies to establishment and contractors employing 20 or more workers. It is not applied to establishment in which work only of an intermittent or casual nature is performed. There are no specific provisions under the Act pertaining to employment of children.VI. JUDICIAL DECISIONS AND CHILD LABOURBaran Shanta v. Ma Chan Tha May7 decided by the Rangoon High Court in 1925 was not exactly a case on child labour but has a bearing on child labour. The issue involved was one of maintenance to a child of 11 years. The petitioner in the instant case was ordered by the sub-divisional magistrate of Buthidaung to pay a monthly sum of Rs. 5 for the maintenance of his son, aged 11 years. He applied in revision to the Court of Session, to reduce the amount from Rs. 5 to Rs 3 on the ground that the boy “is oldenough to make about Rs. 2 a month by coolie labour.” There was evidence to show that the boy had occasionally been employed to tend cattle, earning once Rs. 5 for a period of five month’s work, and, at another time, Rs. 12 for a similar period. From this the conclusion was drawn that his earning capacity is about Rs. 2 a month. The question, thus, to be decided by the court was : in fixing the sum payable as maintenance for achild, is it permissible in law to take into consideration the fact that the child is able to earn something towards its own support? May Oung J, while refusing the plea held that a father is bound to maintain his child who is under the age of majority; and in fixing the sum payable, no regard should be paid to the fact that the child is able to contribute towards its own support by means of labour or work of any kind. The judge also observed that “it would be contrary to public policy to encourage child labour by holding that a boy of eleven years should contributetowards his own support by work as a coolie when he should be in school. That he belongs to the labouring class is no argument, since, in these days, every child has aright to at least a primary education….”Peoples Union for Democratic Rights v. Union of India11 (popularly known as the Asiad case) is a writ petition brought by way of public interest litigation in order to ensure observance of the provisions of various labour laws in relation to workmen employed in the construction work of various projects connected with the Asian Games. The matter was brought to the attention of the court by the first petitioner which is an organization formed for the purpose of protecting democratic rights by means of a letter addressed to one of the judges of the Supreme Court, viz., Bhagwati J. The letter was based on a report made by a team of three social scientists who were commissioned by the first petitioner for the purpose of investigating and inquiring into the conditions under which the workmen engaged in the various Asiad projects were working. Theletter was treated as a wit petition by the court and notice was issued to the Union of India, Delhi Development Authority and Delhi Administration which were arrayed as respondents. It was alleged by the petitioners, inter alia, that there was violation of article 24 of the Constitution and of the provisions of the Employment of Children Act, 1938 inasmuch as children below the age of 14 years were employed by the contractors in the construction work of the various projects connected with the Asian Games. It was also alleged that there was violation of article 23 since the workers, including

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the children, were not being paid the minimum wages under the Minimum Wages Act, 1948.VII.CONCLUSIONChild labour is a significant problem in India. The constitution of India clearly states that child labour is a wrong and measures should be taken to end it.From the foregoing survey of cases on child labour it may be said that the Supreme Court has taken a conciliatory position of the problem and has accepted the inevitability of child labour in our country. In none of the cases brought before it, has the court called for an immediate ban of child labour. The initiative shown by the court in Asiad case prohibiting child labour from construction work even when no law provided for the same, has not been seen in the succeeding cases, be it the M.C Mehta cases or the other cases. Being convinced that poverty is the only cause for the continuance of child labour the court has only advocated amelioration of the working conditions of children rather than abolition of child labour. The directions of the court for the creation of welfare fund and the compulsory insurance scheme to be financed by the employers have to be seen for furthering that end. Once the poverty of parents is taken care of the problem of child labour will automatically come down is too simplistic a solution to the complex problem.As regards the violation of the provisions of article 24 are concerned, the court held that it embodies a fundamental right which is plainly and indubitably enforceable against every one and by reason of its compulsive mandate, no one can employ a child below the age of 14 years in a hazardous employment, and since construction work is a hazardous employment, no child below the age of 14 years can be employed in construction work and therefore, not only are the contractors under a constitutional. According to the court, the spirit of the Constitution perhaps is that children should not be employed in factories as childhood is the formative period and in terms of article 45 they are meant to be subjected to free and compulsory education until they complete the age of 14 years. The provision of article 45 in the Directive Principles of State Policy has still remained a far cry and though according to this provision all children up to theage of 14 years are supposed to be in school, economic necessity forces grown up children to seek employment. Children can, therefore, be employed in the process of packing but packing should be done in an area away from the place of manufacture to avoid exposure to accident.Thus the judiciary has always made concrete efforts to safeguard them against the exploitative tendencies of their employers, by regularizing their working hours, fixing their wages, laying down rules about their health and medical facilities. The judiciary has even directed the states that it is their duty to create an environment where the child workers can have opportunities to grow and develop in a healthy manner with full dignity in consensus of the mandate of our constitution.

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COMPARATIVE STUDY OF CONSUMER AWARENESS AMONG MALES AND

FEMALES OF MALAPPURAM DISTRICT OF KERALA.

Fasalurahman.p.k.patterkadavan*

ABSTRACT The article is an attempt to study the Consumer awareness among males and females of Malappuram district of Kerala state. The study was conducted on 100 respondents comprising 50 males and 50 females in Malappuram District of Kerala to ascertain awareness level of both the categories for consumer terminologies, legal laws and organizations. Mean scores on consumer awareness statements depicted that nearly fifty percent respondents were having low level of awareness. Majority of respondents were aware about existence of legal laws and various consumer terminologies. Most commonly used source of consumer information was television followed by radio and least common were journals. 76 percent males and 64 percent females were aware of consumer organization but only 40 percent males and 26 percent females showed interest in joining it. Awareness level of both males and females showed significant difference. Need and importance of consumer awareness and consumer education is also stressed in this study.INTRODUCTIONConsumers are people who buy goods and services to satisfy their needs. Consumer awareness is the awareness of an individual related to spending and buying of goods and services for their satisfaction and well being. It can be attained through proper education of the consumers. Consumer education is the preparation of an individual through skills, concepts and understanding that are required for everyday life to achieve maximum satisfaction and utilization of his resources. It is defined as education given to the consumer about various consumer goods and services, covering price, what the consumer can expect, standard trade practice, etc. Consumer education has been described as addressing four general areas. These are: (1) Consumer Decision making- Covers critical thinking skills related to consumers’ goals, needs, wants, and the effects of attitudes, advertising, information and opportunity costs on consumer behavior. (2) Economics- Examines the allocation of scarce resources among competing wants. Explores the principles of supply and demand and how prices are determined. Other topics include growth and productivity, global interdependence and the interrelated roles of consumers, producers, and government in an economic system. (3) Personal Finance- Includes budgeting, record keeping, income and net worth statements, credit, saving and investing, retirement and estate planning, insurance, and taxes.(4) Rights and Responsibilities - Includes responsible citizenship concerning consumer protection laws and regulations, and redress mechanisms. Also addresses topics such as the environment, safety, health care and affordable goods and services. Consumer education offers more than knowledge and skills; it promotes critical thinking, problem solving and action. This range of elements is reflected in the basic consumer education objectives

*Assistant professor, Department of economics, Central university of Kashmir.

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developed by Grada HelIman Tuitert for the International Organization of Consumer Unions (IOCU). The objectives include helping students to gain knowledge to act as informed consumers, to develop an understanding of society’s function as a whole and the specific role of consumers. For example, the understanding of the role of companies in the economic system; the role of the government in society and the role of consumer organizations, master skills to function as informed and responsible consumers. For example, writing a letter of complaint; spotting sales gimmicks and using products knowledgeably, to recognize it is important to be an informed consumer and to act as informed, educated and responsible consumers. Traditionally, consumer education focused on developing skills for the individual consumer -- skills such as buying quality goods, finding low prices and avoiding seller deception the market place. The focus was on maximizing personal satisfaction at minimum cost. Students of Consumer education today are encouraged also to consider the impact of choices on the well-being of others. Consumers need to learn how to distinguish needs from wants; and how to ask informed questions. Once they have acquired knowledge and awareness, consumers can confidently act to make their voices heard. Consumers must act with concern and sensitivity, aware of the impact of their actions on others, particularly the disadvantaged. Consumers should recognize the impact of their decisions on the physical environment and possible conflict between the desire to own things and the destruction of the environment. The most effective Consumer action is through the formation of citizen groups. Together such groups can acquire the strength and influence to make sure that adequate attention is given to the consumer interest. Consumer education, like the general education curriculum, is part of that foundation on which students may begin to build their personal lives, and on which we must begin to build a more responsive and humane world. Consumer education is very much needed for awaking the consumers in right direction. And consumer awareness is the need of the society for heading towards the development of well balanced and productive people and nation.REVIEW OF LITERATUREMajority of Indian consumers are ignorant and do not know the role of consumption viz-a viz economic system. The entire marketing operation is aimed at profit maximization at the expense of consuming people. Malpractices like adulteration, short weights and measures, high prices, false and deceitful advertisement and packaging are pervading the market even when government of India claim to have passed maximum legal laws protecting consumers than any other country in the world. Indian consumers are cheated through weights and measures to the tune of Rs. 1600 crores a year. Though government has passed several acts and laws to protect consumers and seek redressal of their grievances they are not in a position to utilize their knowledge or are simply ignorant of these (John 1974, Gupta and Ogale, 1988). Laws are not popular because they are framed in highly technical terminologies that it would not be possible to comprehend by a layman (Anonymous, 1976). Indian consumers are cheated through defective weights and measures to the tune of Rs. 1600 crores a year (Ahmed Patel, 1999).According to the study conducted by James Mathews, 2002, people living in rural area has low consumer awareness as compared to the urban area and people are not using the facilities like consumer protection courts. Antonio Gomez concluded in his study that people are more illiterate regarding the buying of engineering goods (2002). Educated people have higher consumer awareness as compared to those uneducated (Harshavardhan Tomar, 1998). It means illiterate subjects are more to face threats. Findings of John’s study (1974) confirmed that majority of respondents have medium consumer awareness. Parameshwar (1988) analyzed that unless consumer awareness’ is created, the efforts of the government and voluntary organizations can’t achieve the desired results. Few institutions such as I.I.M. Ahmedabad and sporadic researches at individual level have been conducted (John, 1974; Bhatia, 1973; Bhatt, 1977). The problem is multidimensional and multi action is needed where incorporation of research institution and academician is required. Therefore, the current investigation is undertaken with these aims.NEED AND SIGNIFICANCE OF THE STUDYIt is our right to protect consumer interests and tastes. The ultimate goal of consumer education whether

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it is formal or non-formal is to create awareness among the citizens of a country towards financial and consumption matters. Consumer awareness is the awareness of the public with the information it needs on products and services, so it can make well-informed decisions on what it’s purchasing and from whom it purchases. It helps consumers understand their rights and become active participants in the buying process. Consumer awareness ensures that companies are held accountable by governing agencies and the consumers who use their products and services. Consumer education is a significant factor in keeping the economy moving, as it holds companies accountable for what they sell and how they sell it, and gives consumers control over their purchases. It motivates consumers to provide feedback that can be used to improve the quality of products and services. Consumer awareness is important for several reasons. For example, in consumer survey, we can find that nearly 90% of respondents said they would like more guidance from manufacturers on how to properly dispose of or recycle packaging. In addition, sometimes the sustainable version of a product’s packaging changes the traditional consumer interface. For example, that compostable Sun Chips bag is much louder than the ordinary chip bag due to the density of the compostable materials used to produce the bag. Sun Chips has addressed the noise on both its website and on its packaging. Other manufacturers should follow Sun Chips’ example and dedicate some packaging real estate and utilize other marketing vehicles to clearly educate consumers about new characteristics of their sustainable packaging that may be unfamiliar. Furthermore, consumer awareness can empower customers by communicating how each person can individually make a positive impact on the environment by purchasing sustainable products or eco-friendly packaging. Consumer awareness helps the consumer in many ways in protecting himself from the malpractices of the seller and in making judi cious purchases. Let us see what the advantages of consumer awareness are: 1. Consumer awareness helps a person in making proper purchase. It enables the consumer in making right selection. 2. Consumer awareness familiarizes the consumer with the problems which he faces while making purchases. This education inculcates the logical viewpoint in him. 3. Consumer awareness provides the con sumer full information of marketing con ditions like various sources of purchasing a particular commodity, from where to get cheap and best goods, the shops providing additional facilities, and to latest products. All these information enables him in taking right decision regarding shopping. 4. Consumer awareness familiarizes the consumer with various standards of standardization and their markings. 5. One of the most important uses of con sumer awareness is that it familiarizes the consumer about the various acts enacted by the Government from time to time. Consumer awareness helps the consumer in getting maximum satisfaction by proper utilization of his money and leads a better living standard.OBJECTIVES

1. To assess the awareness of respondents towards (i) consumer terminology (ii) legal laws.2. To ascertain the awareness of respondents regarding consumer organizations and various

information sources.3. To know the discrepancy between men and women in Malappuram district regarding con-

sumer awareness.HYPOTHESESFollowing null hypotheses were formulated for testing the assumptions:

1. There is no significant difference in the level of consumer awareness between males and females.

2. There is no significant difference in the level of legal awareness on consumer related matters between males and females.

3. There is no significant difference in the level of awareness on various consumer terminologies and sources of information of consumer terminologies between males and females.

4. There is no significant difference in the level of awareness regarding consumer organisations between males and females.

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RESEARCH METHODOLOGY(a) Research Design: Survey method was used with a structured type questionnaire as the data-collecting instrument.(b) Pre- Testing: Pre – testing was done on 16 subjects (8 males and 8 females) for clarity and reliability of the tool.(c) Sampling Procedure: The sample for the study was selected from Malappuram district of Kerala. Selective sampling was chosen after critical review of literature. It has been observed that consumer behaviour has been imposed on a range of people belonging to middle class. Both rich and poor have different problems. Therefore, the present study was limited to middle class society. Fifty percent respondents were males and 50 percent females, having formal education.(d) Data Collection: In total 120 questionnaires were distributed out of which 100 sample was finally selected.(e) Analysis of Data: The statements on consumer awareness were framed after critical review of literature and discussions with experts in the field. The answer to these statements were sought in terms of ‘right’, ‘wrong’, ‘not sure’ and ‘don’t know’ which were scored as follows:Right : 3 pointsNot sure : 2 pointsDon’t Know : 1 pointWrong : 0 pointScoring pattern was reverse in case of wrong statements. Thus minimum score was 0 and maximum possible score was 105. Mean and Standard deviation were calculated and range was formed to categorize the respondents as follows: Low awareness 0-35Medium awareness 36-70High awareness 71-105‘t’- test was used to study the difference between awareness level and sex of respondents.RESULTS & DISCUSSIONConsumer Awareness: It was observed from Table 1 that out of total, 30 percent respondents have low level of awareness regarding consumer terms. Amongst this, 9.0 percent are males and 21 percent females. 41 percent respondents had medium awareness out of which 26.0 percent are males and 15 percent females. Out of total, 29 percent respondents had high level of awareness with 18 percent belonging to males and 11 percent to females. Findings of John’s study (1974) also confirmed that majority of respondents have medium consumer awareness.

Table 1: Distribution of sample according to their level of consumer awareness (N= 120)Respondents Low Medium High Frequency - Percentage Frequency- Percentage- Frequency- PercentageMales 09 09.0 26 26.0 18 18.0Females 21 21.0 15 15.0 11 11.0Total 30 30.0 41 41.0 29 29.0Legal Awareness: Analysis of data (Table 2) regarding legal awareness showed that majority of males and female respondents were aware about the legal laws protecting the consumers against adulteration of food stuffs (90 percent males, 76.0 percent females), adulteration of drugs (80 percent males, 64.0 percent females): short weighing (86.0percent males and 82.0 percent females); false weights and measures (84.0 percent males, 72.0 percent females); using stones for weights (92.0 percent males, 76.0 percent females); using handmade balance (92.0 percent males and 50 percent females) and using deceitful packaging (86.0 percent males and 68.0 percent females). It was concluded from the above findings that males were having better awareness regarding legal laws than female respondents.Awareness of Respondents Regarding Consumer Terminology: Level of awareness regarding various terminologies was observed in Table 3. The data showed that 76.0 percent males and 66.0 percent females were aware of term Ag mark. The term I.S.I was known to 72 percent males and 62

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percent female respondents. Only 18 percent males and 12 percent female respondents were aware of the term mercerization. It was inferred from the findings that more number of female respondents were aware of these specific terms. It may be attributed to the fact that it is related more to clothing which is frequently purchased by women than menTable 3: Distribution of sample according to their awareness of consumer terminology (N=120)S.No. Legal Laws Males Females Yes No Yes No Freq: Percen: Freq: Percen: Freq: Percen: Freq: Percen:1. Agmark 38 76.0 12 24.0 33 66.0 17 34.02. I.S.I 36 72.0 14 28.0 31 62.0 19 38.03. Sanforized 16 32.0 34 68.0 14 28.0 36 72.04. Mercerized 9 18.0 41 82.0 6 12.0 44 88.0

Source of Information Regarding Consumer Terminology: Majority of male and female respondents got information regarding consumer terminology through T.V. (86 percent males and 92 percent females) followed by radio, newspaper and magazines (Table 4). Journals were least commonly used sources of information (40 percent males and 44 percent females). It can be concluded that mass media can effectively be used to promote information and awareness especially to educated respondents belonging to middle income group. Mass- media can also play an effective role for masses belonging to different socio- economic categories also.Table 4: Distribution of sample according to mass media information sources (N=120)S.No Information sources Males Females Yes No Yes No Freq: Percen: Freq: Percen: Freq: Percen: Freq: Percen:1. Television 43 86.0 7 14.0 46 92.0 4 8.02. Radio 38 66.0 12 24.0 39 78.0 11 22.03. Newspaper 36 72.0 14 28.0 36 72.0 16 32.04. Journals 20 40.0 30 60.0 22 44.0 28 56.05. Magazines 34 68.0 16 32.0 40 80.0 10 20.0

Awareness Regarding Consumer Organizations: The data in Table 5 shows those 76 percent males and 64 percent females were aware about consumer organizations working in and around their area. On the contrary, only 40 percent males and 26 percent females had shown any interest in joining these organizations. The reason given by majority of them was lack of time and no interest in joining them, as it will yield no results. Parameshwar (1988) analyzed that unless consumer awareness’ is created, the efforts of the government and voluntary organizations can’t achieve the desired results.Table 5: Distribution of sample according to their awareness of consumer organization S.No. awareness of consumer organization Males Females Yes No Yes No Freq: Percen: Freq: Percen: Freq: Percen: Freq: Percen:

1. Consumer organizations 38 76.0 12 24.0 32 64.0 18 36.0 Working in the area2. Interest in joining 20 40.0 30 60.0 13 26.0 37 74.0FINDINGSMain findings of the present study are as in the followings:

1. Majority of respondents have medium consumer awareness.2. It was concluded from the above findings that males were having better awareness regarding

legal laws than female respondents.

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3. There existed a significant difference between the awareness level of the male and female respondents regarding consumer terminology and consumer protection laws. Males were more aware about the popular consumer terminologies than females.

4. Television was the main media for both the male and female respondents, which influenced their buying most.

5. Journals were least commonly used sources of information regarding consumer terminology. CONCLUSION Consumerism is likely to dominate the Indian market in the next Millennium. In the name of imported food and juices, substandard products are invading the market. Consumers should know that policies have been framed and the Consumer Protection Act, 1986, has introduced to provide them relief. A separate Department of Consumer Affairs was also created in the Central and State Governments to exclusively focus on ensuring the rights of consumers as enshrined in the constitution. The consumer has to be aware of his rights and play a key role. After all the dictum in democracy is, the citizens get a government they deserve. Similarly the consumers in society get a position in the market depending upon what they do or do not do. It is agreed on all hands that “consumer empowerment” in India has a long way to go. It was a serious problem as nobody asks for the bill they purchase the goods. Importance of consumers was changing globally in the wake of globalization as developing and poor countries were constituted the biggest market. The companies which started operations in poorer markets put up a good show telling the world that even the poor wanted quality goods. Hoarding, substandard products and fake products were playing havoc with the consumers in the absence of lack of awareness among consumers about their rights. Mass- media and educational institutions need to play an effective role in consumer awakening and imparting information regarding organizations working for the consumer’s interest in their area.

REFERENCES

Anonymous: Consumer Guidance Society of Bombay, Keemat, 5(3&4): 2-3 (1976).Bhatia, V.: A Study of Homemaker’s Buying Behaviour and Attitude towards Certain Marketing Practices.In the City Baroda, M.Sc. thesis, (unpublished).,M.S University, Baroda (1973).Bhatt, R.: Buying powers of urban poor and public distribution, Keemat., December 1 (977).Gupta, M. and Ogale, N.: Educational needs of consumers regarding consumer protection laws., Journal of Research.

H.A.U. Hissar, 18(3): 236-241 (1988).John, M.: Awareness of Consumer Responsibilities., M.Sc. thesis, (unpublished) M.S University, Baroda (1974).Parmeshwar, K.R.: Protect consumer against quality tricksters., Yojana, 32(5): 29-31 (1988).

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ERA OF GLOBAL GOVERNANCE AND INDIA: WITH A FOCUS ON RIGHT TO INFORMATION

Janmejay Sahu*

ABSTRACT:India is a diverse country with its people, traditions, cultures, living practices particularly its governance, no doubt India is having a largest democratic federal governance structure in the world however the 73rd Constitutional Amendment Acts ensures the grassroots people’s participation in the local governance. They participate in the various local government institutions as elected members or as beneficiaries or as facilitators to make the governance effective and make the people to get maximum benefits from the government. Information is power, plays an important role through people’s participation in strengthening and making effective governance as information leads the people in right direction. Moreover, introduction of Right to Information Act, 2005 in India empowers the people to access government information and to make its best use for effective and good governance. Therefore, this paper aims to critically analyse how right to information as a tool helps in making effective governance of India and empowers its common people in the era of global governance. Key words: Global Governance, Right to Information and Good GovernanceINTRODUCTION

It is true that the corruption practices have been a part and parcel of the government institutions however; the people are becoming vigilant with advance information communication and technological input to fight corruption. Also, the RTI Act empowers the people to access information; to use of this information and to get benefits from the government programmes on the one hand and the people use RTI Act to make the government institutions ready for easy service delivery, make effective governance reducing corruption practices and enabling the government officials to be ready with proper documentation and administration in the governance mechanism on the other. Therefore, as decentralization is the master key in India, the local governments have been identified as the potential institutions to assist central government in driving development process. This is a major achievement and has given a direct platform for the active involvement of the people of the grassroots where most of people take benefits from the use of RTI Act which is a significant indication for good governance from the bottom to top with large grassroots people’s participation. Global Governance

The Oxford English Dictionary (OED) defines as governance is derived from the Latin word gubernator, which is described both as a person who steers, and as a ‘self-acting contrivance for regulating’ to ensure an even and regular motion. Also, it defines governance as: (i) the idea of controlling, directing or regulating influence, as well as being subject to the control of another (a relational aspect); (ii) the office, function, or power of governing; (iii) the manner in which something is governed or regulated; and (iv) the general conduct of life or business, demeanour, and ‘discrete or virtuous behaviour,’ which adds a normative component to governance. According to Rosenau (1992), Global governance is often defined in terms of what it is not – neither a world government

*Ph.D Scholar, Political Science, University of Hyderabad.

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nor the disorderly chaos and anarchy associated with a Hobbesian ‘state of war of all against all.’ In one of the pioneering studies of global governance published in 1992, James Rosenau defined global governance in general terms as ‘an order that lacks a centralized authority with the capacity to enforce decisions on a global scale’. His conception of global governance was that of a purposive order that exists for the management of interdependence in the absence of a global state. Moreover, Biersteker (2009) states that Global governance is a permissive concept.

Further, it is argues in European Institute of Security Studies (2010) that global governance is the collective management of common problems at the international level – is at a critical juncture. Although global governance institutions have racked up many successes since they were developed after the Second World War, the growing number of issues on the international agenda, and their complexity, is outpacing the ability of international organisations and national governments to cope.

RTI and Global Governance Janikowska (2012) argues that global politics should become more democratic. Global

governance should be transformed by a number of reforms. One of the options is the model of cosmopolitan democracy. The democratization of global governance towards cosmopolitan democracy requires that civil society will take an active part in the co-decision-making processes on a global scale. Weiss (2009) state that governance has been associated with “governing,” or with political authority, institutions, and, ultimately, control. Governance in this sense denotes formal political institutions that both aim to coordinate and control interdependent social relations and that also possess the capacity to enforce decisions. Global governance can thus be defined as the sum of laws, norms, policies, and institutions that define, constitute, and mediate trans-border relations between states, cultures, citizens, intergovernmental and nongovernmental organizations, and the market. It embraces the totality of institutions, policies, rules, practices, norms, procedures, and initiatives by which states and their citizens (indeed, humanity as a whole) try to bring more predictability, stability, and order to their responses to transnational challenges—such as climate change and environmental degradation, nuclear proliferation, and terrorism—which go beyond the capacity of a single state to solve.

Chumakov (2013) points out that the world community has accumulated, during its history, a significant experience of governing large social systems—states, empires, kingdoms, confederations, unions, blocs, etc. State has proven in practice to be the most wide-spread and vivid form for organizing social life. When globalization makes the whole world community a holistic system, governing this system becomes a demand of the time and it should be built taking into consideration the whole experience accumulated by humankind in this sphere. It is also evident that global governance should be based on the historically tested principle of separation of legislative, executive and judiciary powers.Therefore, Global governance also means providing cooperative security and uniting efforts in maintaining it through various forms of cooperation. First of all, we talk about economic cooperation, which already successfully evolves in the modern world in the form of multinational corporations, consortiums, joint ventures, etc. World trade has already made all peoples of the planet involved into the single market of labor, goods and services.

The right to information is implicitly guaranteed by the Indian constitution with a view to set out practical machinery for securing information in 2005 and thus provided a powerful tool to the citizens to get information from the government, as a matter of right. The primary power of right to information empowers the citizens for requisition of information. Hence, without the need for forming pressure groups or associations, it put power directly into hands of the citizens. The RTI enables the citizens to access the government decisions and question about the merits of public policies and respond appropriately to influence the process of policy formulation and decision making in public governance which is a key indicator for accountability of the governance mechanism. Verma (2008) in his study argues that RTI as a powerful tool in the hands of citizens in a free society and Wadia (2006) has points out that in simple term, the RTI will give access to all kinds of information and will instigate the required publicity of such information by concerned department. In addition, the Second

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Administrative Reforms Commission (2006) has points out that the RTI has been seen as the key to strengthening participatory democracy and ushering in people centered governance and access to information can empower the poor and the weaker sections of society to demand and get information about public policies and actions, thereby leading to their welfare.

In addition, the Centre for Good Governance (2008) indicates that RTI has emphasised that citizen can seek information about their applications or complaints regarding ration cards, electricity connections, water connections and so on, pending with the public authorities and force them to redress their grievances quickly without any need of paying bribes. This shows again positive impact of Information Laws on different spheres of society viz., politics, and Public Administration. Uma (2009) points out that both creating information and disseminating and diffusing information to create awareness and knowledge are equally important as the information is power and acquiring the relevant information empowers the people to deal with issues effectively however, Rao (2009) finds that participation in nation building pre-supposes informed, motivated and empowered citizens. Therefore, It is clearly provides a theoretical understanding of how use of right to information in the hand of the citizens leads a global impact in strengthening the governance process by ensuring the people’s rights and participation in betterment of the governance system and its high implication with an opportunity to create reforms in the global governance.Indian Experience

Mehta (2010) argues that the global system for finance, economic growth and development have collapsed, with food prices rocketing, leaving millions on the brink of starvation. However, the role of global governance for meet this crisis is a huge challenges of today. It is fair to say that India, a country in the middle of huge, transformative process, faces many governance problems of its own, from extreme poverty and the threat to terrorism to corruption and unemployment. It is in need of governance reforms to be implemented as a matter of urgency. Further, he suggests that Good governance at the national level must be matched by the commitment to practice good governance at the international level, to establish a dynamic and enabling international economic environment.

In India, since 2005 RTI is being used in large scale that helps the people to get their right, access to government information which was earlier kept as secret on the government part, to understand about daily business of government, to fight the cause of the downtrodden people, to raise issue of corruption practices, to stop corruption practices highlighting the corrupt act of the government officials, to enable the government for effective governance and at large to create a better space for the common people to access the use of RTI for their development as well of others. Here, few RTI cases studies are used in this study to highlight the Indian experience in reforming governance process and ensuring people’s right through the Right to Information Act-2005.

In the Case study-1, a criminal case lodged by Konark Police of Odisha against the former Gram Panchayat Executive Officer of Mahalpada gram panchayat of Gop Block Ajay Kumar Seth as he has tampered gram panchayat records. In case of a RTI application by Mr. Rabindranath Nayak of Mahalpada Gram Panchayat , the concerned Public Information Officer denied to provide information to him & after the applicant Mr. Nayak made complaint before Odisha State Information Commission. The State Information Commission penalized the Public Information Officers of Rs.25000/- & directed to provide information to the applicant at the earliest. After receiving this information, it was found that a number of documents have been tampered by the concerned Public Information Office cum Executive officer Mr. Ajay Kumar Seth to avoid the previous corruption done by him. Therefore, at the end Mr. Nayak lodged First Information Report at Konark Police Station on 16.04.2008 and later, a criminal case against that person (Case No-69/2008—u/s 167,426,466 IPC) was booked.

Similarly, in the case study-2, three Integrated Child Development Scheme workers of Gop Block have resigned, when the reality came to light through RTI Act that they have used fake certificate during appointment process. This is to inform that in 2009 & 2010 a number of Integrated Child Development Scheme (ICDS) workers have been appointed in Gop Block of Odisha. In an illegal nexus between the concerned officials & applicants, some of the applicants had used fake

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educational certificates & got appointment in Odamba ICDS centre of Ganeswarpur gram panchayat, Dihuda ICDS centre of Andhara Ichhapur gram panchayat & Gundi ICDS centre of Banakhandi gram panchayat. Based upon this information, some RTI activists complained before the vigilance & high court. So to escape from further legal action the ICDS workers resigned. And in the case study-3, it is a common practice in & around of Konark Notified Area Council (NAC) area that the local governance is captured by some corrupted politicians & officers. Within this illegal practice lakhs of Rupees has been exploited in the name of different development projects and programmes. One youth RTI activist of Karamanga village asked through RTI to the concerned Public Information Officer of the Konark NAC to obtain information regarding the actions taken for construction of the village road near this village within ward-4 of this NAC. In effect of this application, on the next night the NAC authority constructed the road overnight. Therefore, it reveals that lakhs of rupees has been released for this road but it has been taken by the contractor and officers. Now vigilance case is lodged against the guilty.RESULTS AND IMPLICATIONS

From this Indian experience, it is very clear that no way, corruption practices will be hidden; the day will come to curb it. In very rural area of India, also people able to fight against corruption to achieve their rights. It is revealed here that people are active enough and vigilant towards the effective functioning of government mechanism and for the people’s rights as well as against corruption in government institutions. It also, indicates that because of RTI Act, nowadays the people are becoming vigorous to participate in the governance process for the betterment of grassroots people using RTI Act which is ensuring accountability among the government functionaries as well as for grassroots development and the active participation of the people using RTI act leads towards good governance in India which is a good indicator for the global governance context creating exemplary initiatives to making citizen empowerment as well as ensuring effective and good governance. This experience in India through RTI as an instrument in the hand of the Indian people again flourishes the transparency and accountability in the democratic set of governance that can be implicated in other democracy in this era of the global governance towards more reformation to avoid the crisis over the democracy as well as to ensure good governance.CONCLUSION

The attempt though Indian experience with right to information act indicates in creating rapid change among the minds of the common citizens as well as the government officials towards the process of effective and good governance. This has its larger implication in the global governance where right to information would lead the change in strengthening good governance practices. Also, it will lead towards the welfare of the people and the community welfare globally making the government mechanism more accountable and transparence. Moreover, the people’s participation through RTI in governance will be an instrument to bring reforms in various aspects of the global governance. Therefore, the need is more people’s participation and government’s encouragement to have better use of RTI that will create a platform for betterment of the people both locally and globally.

References

Books and JournalsBaxel, Magdalena, Tallberg, Jonas and Uhlin, Anders (2010) Democracy in Global Governnace: The promises and

Pitfalls of Transnational Actors, Global Governance, 16, p.81-101.Biersteker, Thomas J. (2009) Global Governance, Routledge Publishers, New York and London.Centre for Good Governance. 2008: A Citizen’s Guide on The Right to Information Act 2005, Andhra Pradesh.Chumakov, Alexander N (2013) Theory and Practice of Global Governance: Topical Issues, Procedia - Social and

Behavioral Sciences 77 ( 2013 ) 198 – 204.European Institute of Security Studies (2010) Global Governnace 2025 at a critical junction, Paris.Uma, N (2009) People Empowerment Emerging Practices, Atlantic Publishers and Distributors Pvt. Ltd, New Delhi.

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UN System Task Team for Post 2015 UN Development Agenda (2013) Global governance and governance of the global commons in the global partnership for development beyond 2015, Thematic Think Piece, January.

Verma, R.K (2008) Right to Information: Law and Practice with Case Book on Right to Information, Taxman Publication Pvt. Ltd, New Delhi.

Wadia, Angila (2006) Global Sourcebook on Right to Information, Kaniska Publisher and Distributors, New Delhi.Weiss, Thomas.G (2009) The UN’s Role in Global Governance, United Nations Intellectual History Project, Briefing

Note-15, August.Government Documents and ReportsGovernment of India (2006) Second Administrative Reforms Commission Report. Citizen Centric Administration,

The Heart of Governance, New Delhi, July.Government of India (2009) Second Administrative Reforms Commission Report. Citizen Centric Administration:

The Heart of Governance, New Delhi, FebruaryWeb linkshttp://youngindia.net.in/flashnews/newsforuse/rti-impact-3-icds-workers-resigned. Retrieved on 5th January, 2011http://youngindia.net.in/flashnews/newsforuse/road-constructed-within-a-night. Retrieved on 6th January, 2011

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Rumi’s EpistEmology

Jakir Hushain*

ABSTRACTRumi advances an integral epistemological stand-point. He accepts the validity of empirical, rational and intuitive knowledge. The following is an outline of Rumi’s epistemological views. (A). Sense ExperienceAccording to Rumi, sense experience is a very important source of knowledge. It’s substantial contribution to the attainment of knowledge can hardly be denied in any balanced epistemological account. Nevertheless, we must have a critical appreciation of the role of sense-experience. The sense – experience has a phenomenal role in furnishing us knowledge of the phenomenal world. However, such knowledge is bound to be superficial and partial. The limitations of sense-experience as a source of knowledge are too numerous to be counted or tabulated. If we are genuinely interested in the attainment of valid and authentic knowledge, we must rise above the knowledge furnished by sense-experience. Human beings share their five senses with all other living beings; insects, reptiles, birds and animals. A person who is wholly dependent upon sense - experience can be compared to an ass who is lost in the world of appearances. Like man of reason and intuition, he can not attain to universal, eternal and transcendental truths.(Mathawi,Vol. II, 110006, 48) Sense-experience does provide us perceptual knowledge. However, the limitations of sense-experience can not be grasped if we can not go beyond perceptual knowledge with a view to bringing out the limitations of such knowledge. Rumi says that if an embryo in womb is told that there is a delightful world full of stars and planets, indeed a beautiful and glorious world; the natural reaction of the embryo would be not to believe in the reality of such a world outside the womb of the mother. However, when the child is delivered from the womb of the mother, he is oriented, slowly and steadily to believe what seemed completely unbelievable to him earlier.( Afzal;2003, pp.221-22) In order to appreciate the limitations of perceptual knowledge, Rumi cites the example of the proverbial elephant in darkness. Those who want to understand the shape, size and the figure of elephant, touch the elephant in darkness of night. Thus a person touching the ear of the elephant understands it to be like a fan, another person touching his leg understands the elephant to be like a pillar, another person touching the back feels the elephant to be like a throne, yet another person touching his trunk comes to understand the elephant to be like a water-pipe and so on and so forth. Just as a man in the darkness is touching only a portion of the elephant, so the senses are capable of appreciating only some dimensions of reality. We do understand phenomenal features of world through sense experience. However, perception cannot furnish us an appropriation or understanding of the transphenomenal reality.(Afzal; 2003, p.222)(B). REASONRumi categorically acknowledges the role of reason in our ongoing search for knowledge. Throughout history, rationalists have worked out critiques of the epistemological credentials of sense-experience or perception. On the other hand, they have underlined the undeniable powers or merits of reason as

*Research Scholar, Department of Philosophy, AMU, Algarh

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a source of knowledge. Some of the most accomplished philosophers across the history have vouched for the capacity of reason to discover or arrive at what is Ultimately Real. Rumi is fully cognizent of the merits and demerits of the role of reason in the investigation and appropriation of Reality. According to Rumi, reason is blissfully ignorant of its own limitations. In view of this ignorance, reason overestimates its own capacity as a source of knowledge. So it blunders into undertaking what it is permanently incapable of accomplishing at all. Reason, according to Rumi, is powerfully impacted by infarational dimensions of our personality. Resultantly, it is a quarter-backed instrument for the exploration and appropriation of Ultimate Reality. Nevertheless, reason is inexorably driven to critiquing the epistemological credentials of both sense-experience and intuition and bolstering up its own powers of appropriation of Reality. Consequently, it formulates theories of Reality and marshals arguments in favour of its own constructions. However, in the process, it generates riddles and puzzles and proliferates paradoxes and contradictions. Rational arguments end up fixing us into knots and traps. The so-called rational arguments can get pathologically addictive and one can get lost in one’s own dialectical subtleties. Philosophers can spend a life-time into hairsplitting debates. However, this dialectical approach is utterly fuitle and pointless.( Afzal, 2003, pp.222-23)

Such an approach can only leave us with riddles, enigmas and dilemmas. These dilemmas are like asking which of the two hands, right or left, made noise when we clapped or which came first hen or egg etc. These are unanswerable puzzles. But philosophers are capable of spending decades while responding to such riddles and paradoxes. Reason is incapable of giving us any clue as to an understanding of Reality through its dialectical acrobatics. (Mathawi: Vol. VI, 110006, 1966-67) The dialectical nature of reason is incapable of grasping the Ultimate Reality. It also can not grasp the Unitary Essence of Existence. Besides, reason is inherently utilitarian in nature. It is driven by the considerations of profit and loss. As against reason, love is beyond profit and loss; it scarifies and surrenders without asking any questions. Reason and love or diametrically opposite in their nature and their approach to reality.

How should reason wend the way of despair? It is love that runs on its head in that directionLove is reckless, not ReasonReason seeks that form which it may get profit. (Mathawi: Vol. VI, 110006, 1966-67)

(c). intuition

The epistemological, metaphysical and axiological views of Rumi emanate from his teleological world-view. For Rumi, the universe is thoroughly teleological. It is by pondering over telos or purpose of the universe that we can appreciate and appropriate what is Ultimately Real. Normal categories of understanding such as sense-experience or reason etc., can not furnish us any clue leading to a realisation of the ultimate ground of Being. A rational analysis of God can lead us nowhere. Only intuition can lead us to God or Reality. Rumi’s concerns can not be grasped within the western Rationalist, Empiricist, and Epistemology. Knowledge of phenomenal world never constituted a problem in Rumi’s orbit of understanding. It is the prime concern within Cartesian, Lockean and Kantian epistemological framework. The standard skepticism advanced by Greek thinkers and running through the philosophical writings of modern European philosophers never bothers Rumi. The fundamental epistemological problem is not the attainment of certainty with regard to phenomenal features of the Universe but an

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appreciation and relisation of Ultimate Reality through intuition or love. God is the Ultimate Truth, Ultimate Goodness and Ultimate Beauty. Eros or Love is the Universal principle of appropriation, absorption, evolution, assimilation growth and reproduction. The manifestations of love are universally operative. Man’s insatiable and indomitable will to understand, appreciate and appropriate, is also manifestation of love.(Khalifa 1959, pp.44-45) Rumi’s idea of love is, in crucial respects, in accordance with the conception of love advanced by classical Greek philosopher namely Plato. Rumi like Plato does not subscribe to utilitarian view of love. Not love but intellect is deeply conditioned by or imbued with considerations of profit and loss. Love is beyond calculations and considerations. Love is nothing if not sacrifice; it is madness searching for the Ultimate ground of Being:

“Neither do they put God to any test, nor do they work at the door of any profit or loss.” (Mathawi, Vol. VI, 1974)

Again, in consonance with Plato, Rumi also emphasizes that beauty alone is worthy of love. Against the back-drop of the monotheistic world-view of Islam, Rumi underlines that perfect and eternal Beauty belongs to God. All that is beautiful in the phenomenal world is only a passing shadow of the eternal beauty of God and is related to God as sunlight is related to Sun. However, love is also ultimate principle of unification and assimilation. It is, in fact, the ultimate cosmological principle, the principle of genesis and evolution of the world.

If there had not been love, how should there have been existence? How should bread have attached itself to you and become (assimilated to) you? The bread became you through what? Through (your) love and appetite, otherwise, how should the bread have had any access to the (vital) spirit?Love makes the dead bread into spirit: it makes the spirit that was perishable everlasting.” (Mathawi, Vol. V, 2012-2014)

Plato was a rationalist par excellence. For Plato, reason was competent enough to know the ground of Being. Rather, reason for Plato was identical with Reality. There was nothing beyond reason. The Eternal Beauty for Plato was equivalent to Eternal Truth. Whether, Beauty or Truth or Goodness, Plato’s God is an Impersonal Idea. He is in the Ideal Realm transcending all our prayers or adorations. The role of love in religion of Truth is only instrumental. Eros of Plato is at best, Spinoza’s intellectual love of God. ( Khalifa Abdul: 1959, p.48)

“How should the intellect find the way to this connection? This intellect is

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in bondage to separating and union.” (Ibid, 3699)Reason according to Rumi can never overcome the dualism of subject and object. It can never find a thread of unity running through the multiplicity of the phenomena. Reason by its nature is compelled to split reality, to analyse, to dissect and to separate. However, it does not know how to reunify the splited phenomena. Reason is a differentiative and separative principle. Love, on the other hand, is the principle of assimilation. Reason is analytical and comparative whereas Reality transcends all contradictions and all relations and therefore reason is utterly incapable to grasp the reality in its absolute identity. Reason in indulging in self-importance, more often than not, tries to do what can not rightfully be done by it. It is potentially a dangerous instrument at disposal of man. It has stupendous misleading and misdirecting potential unless it is supplemented by intuitive realization and spiritual wisdom. It is very important that reason recognize its limitations. Man’s logical and intellectual powers are limited. Our transformation is possible only through inspiration, illumination and divine grace. It is through divine grace that our perspective is transformed. Divine revelations are individually transformative and socially revolutionizing. Mankind has not been inspired to great struggles by men of intelligence and scholarship. Even the most powerful kings have not been agents of social change. It is the Prophets who have pioneered real historical breakthroughs without formal knowledge and political power. They captured hearts of men and inspired them to great achievements. ( Afzal; 2003, p.189)

The Universal Reason and Universal Soul is man of God himself.Do not think the Throne and the Chair to be separate from Him.” (Hakim, 1959, p.111)

The knowledge bestowed by the God is supra-rational. It springs from within the Soul. Such knowledge is termed as ‘Ilm-i-Ladunni’. A person blessed with this knowledge sees by the Light of God. The verses given hereunder illustrate Rumi’s conception of ‘Ilm-i-Ladunni’.

“The man of clay got knowledge from God which lighted the Universe to the 7th heaven.” (Mathnawi, Vol. I, 1012)

“Through what was the heaven rent asunder through an eye that opened all of a sudden.”(Hakim, Khalifa 1959, p.99)

Human knowledge is the mark of our glory knowledge leading to God in the Summum Bonum of our existence. Man has super-sensuous and supra-rational source of knowledge within him. The source

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can be tapped not by contemplation but through purification of heart from all that is ungodly. Rumi brings out these common Sufi theses in his Mathnavi through numerous couplets:

“The Sufis book is not (composed of) ink and letters it is naught but a heart white as snow.”(Mathnawi, Vol. II, 159)

“He who has an impressionless and clear breast becomes a Émirror for the impressions of the Unseen.” (Hakim, p.100)

Rumi like Plato makes a distinction between opinion, knowledge and certainty. Knowledge is superior to opinion but inferior to certainty. Our knowledge seeks certainty and once we attain certainty we seek knowledge leading to vision. Vision is to certainty what fancy is to opinion.(Mathnawi, Vol. III, 4120-25)

Following the Qur’anic verses, Rumi talks of the knowledge of certainty (Ilm-ul-Yaqin), the vision of certainty (Ain-ul-Yaqin) and reality of certainty or absolute certainty (Haq-ul-Yaqin). Take for example, our knowledge of fire. One can become knowledgeable about fire by listening to its various physical and chemical properties. One can read books on the fire or oneself write hundreds of pages on various aspects of fire. However, it is one thing to become a professor or scholar of multiple characteristics of fire, it is another thing to actually get burnt into the fire. Rumi exhorts us that if we want real certainty or absolute certainty about fire and its various qualities, we must be actually having a first hand experience of burning into the fire. Similarly, propositional knowledge about what is Ultimately Real can never satisfy our innate quest for certainty. We will have to actually burn into the fire of love of God, with a view to realizing God beyond any shadow of doubt. Such a certainty can not be propositional or rational. Such a certainty can be obtained in the presence of the Ultimate Splendor and Beatitude of Reality. (Mathnawi, Vol. II, 1859-61) Knowledge is not possible only through cognitive faculties. Man needs divine inspiration. The Quran had repeatedly emphasized upon us to realize God through spiritual faculties breathed into us at the very moment of our creation. Thus Rumi agrees with the Muslim epistemological tradition that knowledge is both innate and acquired. However, the vision of Reality can be vouchsafed to us through intuition inspired by Divine Spirit.

BiBliogRApHy

• Abdul Hakim, Khalifa,The Metaphysics ;of Rumi, Lahore 1933, 1948. Ahmad Aziz, Studies in Islamic Culture in the Indian Environment, Oxford, 1964

• Iqbal Afzal; Life and Work of Mohammad Jalaluddin Rumi, Kitab Bhawan, New Delhi, 2003, p.222)• Mathnawi Rumi, vols. I-VI, translated by Qazi Sajjad Husain, • Rumi, poet and Mystic by R.A. Nicholson.• Sharif, M.M., (1963), A History of Muslim Philosophy (Vol.1), Germany: Otto Harrassowitz, Wiesbaden.• Raza Zada Shafaq, Tarikh-e-Adbiyat Iran, Vo1.II, pp. 356,357

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OCCUPATIONAL MOBILITY AMONG THE SCHEDULED CASTE POPULATION IN UTTAR

PRADESH

Dr. Falak Butool*

ABSTRACTThe present paper aims to study the occupational mobility of scheduled caste population (Total Male and Female) in Uttar Pradesh. The entire study is based upon the district level secondary data obtained from Census of India, 2001 and the State Planning Institute, Lucknow, 2001. From the results it is clear that fundamental mutation from primary economic activity to secondary and tertiary economic activity is taking place in total scheduled caste population but with low pace. Thus this group is showing positive occupational mobility. As far as the occupational mobility of male workers in construction sector and industrial sector is concerned, it is showing positive trend. Tertiary sector is also showing a positive sign of occupational mobility for male workers of the scheduled caste population in Uttar Pradesh as percentage of workers involved in secondary and tertiary sector has increased over the period of time. Scheduled caste female population of Uttar Pradesh is showing negligible amount of positive occupational mobility.Key wordsOccupational Mobility, Scheduled Caste Population, Uttar PradeshINTRODUCTIONIt is an unfortunate fact of the history in India that scheduled caste people have suffered deep subjugation in our society (Narayan, 2011: xvii). The subjugation of ‘weaker sections’ has been prevalent in western societies albeit in different shape and form. Moreover, this subjugation of scheduled caste in Indian society, at times, had been of such intensity that it resulted in complete denial of the status of ‘human being’ to scheduled caste people in certain parts of India. Patent discrimination was made against scheduled caste people such as prohibition of using public wells, entry into temples, entry into schools and colleges, not allowed to sit on chairs with upper caste. According to Rig Veda, which is one of the earliest literatures of Hindus, there were four Verna in the society. They were Brahmins, Kshatriyas, Vashyas and Shudras. Shudras lied at the lowest rung of the caste system and were described as ‘servants of others’ (Sachchidananda, 1977 : 17). This classification of the society was basically functional and occupational in nature and character (Mohammad, 1987: 17). However, it was the feudal character of the society more than religious aspiration which mostly resulted in subjugation of scheduled caste in India. It was after independence, that development and upliftment of scheduled caste people arose as major concern by the government of India. Through various acts and commissions the government has been endeavoring to bridge the gap between the two distinct strata of the society. By giving reservations in jobs and offering various schemes for socio-economic and educational development of scheduled caste people, the Indian government is trying to improve the status of this neglected group which forms a bulk of population (Tripathi, 1999 : 57). But, in spite of reservations given in the employment and education sector, scheduled caste people are still engaged in traditionally fixed and ranked occupation, their choice

*Guest Faculty, Women’s College, A.M.U, Aligarh, U.P., INDIA

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being limited by the birth. It has been observed that the tertiary sector is continuously growing in the countries of growing economy like India. Thus the fundamental shift of workers from primary sector to tertiary sector is taking place in all the sections of the society including the scheduled caste population (Chandana, 1989: 152). This is because of the increase in the population of the nation which in turn broadens the base of service sector. Thus scheduled caste people may have better prospects in this sector provided that they learn the skills of doing various jobs. Scheduled caste people being the downtrodden segment of the society are generally involved in the least remunerative lowest ranked jobs in which returns are very low (Gosal, 1991 : 8). Though this tradition is still prevalent among them but few of them have migrated to the cities and acquired new technical now how which is becoming helpful to improve their socio-economic status. Thus they are no more involved only in their traditional jobs but are doing some other works also. Here occupational mobility which simply means the ability of the individual to change job after the acquisition of a new skill (Maythew, 2005: 358) may be useful in improving their socio-economic status. Occupational mobility in case of scheduled caste people will shift them from low paid menial jobs to well paid jobs and in turn will be helpful in improving their socio-economic status. A micro level study on occupational mobility of scheduled caste is done by Wilson in 2004. In his study, he has analysed the effect of the change of agricultural techniques, poverty, outmigration and many other factors on the occupational mobility of scheduled caste population of two selected villages. Caste wise occupational mobility in India has been studied by Majumder, in 2010. In his work he has found that only few castes among the scheduled caste people are showing upward occupational mobility. Jhilam, and Rajarshi, in their work have observed that advance classes are showing vertical occupational mobility, whereas, excluded classes are showing much of their occupational mobility in lateral direction. The occupational and industrial mobility in USA has been studied by Passado in 2005. The impact of occupational mobility in Albenia is studied by Carletto and Kilic in 2009. Behrman, and Taubman in (1985) have studied intergenerational earning mobility in the United States. Corak, and Heisz in 1999 have worked upon the intergenerational earning and income mobility of Canadian men. Hnatkovska, Lahiri, and Paul in (2011) have worked upon the impact of caste on labour mobility. Haider, and Solon in 2006 have worked upon life-cycle variation in association between current and life time earnings. Thus after realizing the importance of occupational mobility in the socio-economic upliftment researcher has made an attempt to visualize occupational mobility of scheduled caste total, male and female workers in Uttar Pradesh (UP) ObjectivesThis piece of work will be meant to fulfill the following objectives

1. To show the occupational mobility among the total scheduled caste workers in Uttar Pradesh.2. To show the occupational mobility among the male scheduled caste workers in Uttar Pradesh.3. To show the occupational mobility among the female scheduled caste workers in Uttar Pradesh.

Database and MethodologyThe entire study is based upon the secondary sources of data which have been collected from Census of India publications, New Delhi and the Publications of the Statistical Division, State Planning Institute, U.P., Lucknow for the decade 2001. For the analysis of the data simple percentage method is used to calculate the work participation rates. On the basis of which occupational mobility (positive/ upward and negative/downward) is determined. Positive occupational mobility means fundamental mutation of the workers from lower order economic activity to higher order economic activity and vice versa is negative occupational mobility.THE STUDY AREAUttar Pradesh is a heartland state lying between 23° 52’ and 31° 28’ North latitudes and 77° 4’ and 84° 38’ East longitudes. It is bounded by Nepal and Uttarakhand in the north, Himachal Pradesh in

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the north-west, Haryana and Delhi in the west, Rajasthan in the south west, Madhya Pradesh and Chattisgarh in the south and Bihar and Jharkhand in the east. Thus, it is surrounded by nine states from all the sides. Uttar Pradesh is the fifth largest state in India in terms of area, while in terms of population it ranks first. According to 2001 census, the total area of the state is 240,92,800 sq Kms which form 7.6 per cent of India’s total area and a population of 166.63 million i.e. (16.15 per cent of the national population). The whole state is divisible into seventy districts. With such a large segment of the population of India living within its boundaries, economic development of Uttar Pradesh assumes special significance. By the sheer weight of its population, economic growth in this region would naturally affect the average level of living of the country as a whole (Techno-Economic Survey of Uttar Pradesh,1965) and (Socio-Economic Survey of India, 2002-2003).

Occupational Mobility among the Scheduled Caste PopulationTable: 1 Sector wise Change in the Distribution of Scheduled Caste Total Main Workers in Uttar Pradesh, 2001

Mining and

Other than

Trade and Other

1971 14.70 14.20 0.20 0.90 0.80 0.20 0.40 0.40 0.001981 13.58 11.07 NA 0.89 3.04 NA NA NA 4.501991 13.48 12.56 0.19 0.66 1.30 0.48 0.62 0.42 2.262001 8.94 8.94 0.07 0.98 1.32 1.00 0.77 0.52 1.86

Source; Census of India 1961, 1971, 1981,1991, 2001Note: First three categories are included in primary economic activity next three heads are included in secondary economic activity and the next two are showing tertiary economic activity and the last one is showing unidentified category.It is visible from the above table that percentage of cultivators is continuously decreasing among the scheduled caste population. This result is also confirmed by the findings of study of Mohammad, 2001:22. As far as other categories of primary economic activity are concern they are also showing a continuous withdrawal of scheduled caste people from these occupations. A marginal increase is observed in the percentage of scheduled caste workers in non household industry and construction from the initial decade (1961) to the last decade (2001) under consideration. However, household

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industry workers are showing continuous down slope movement till 1991 and then in 2001 decade their percentage has elevated slightly. When tertiary economic activities of scheduled caste people are focused then it is observed that a gradual increase is observed in the percentage of scheduled caste people working in these sectors. Thus it can be safely concluded from the above discussion that fundamental mutation from primary economic activity to secondary and tertiary economic activity is taking place in total scheduled caste population group but with low pace. Table: 2 Sector wise change in the Distribution of Scheduled Caste Male Main Workers in Uttar Pradesh, 2001

Census year CultivatorsAgricultural Labourers

Mining and Quarring

Household Industry Workers

Other than Household industry Workers

1971 25.20 19.90 0.30 1.50 1.401981 21.05 16.15 0.00 1.56 4.571991 13.72 10.61 0.27 0.60 1.362001 14.85 14.85 0.11 1.37 2.29

Source; Census of India 1961, 1971, 1981, 1991, 2001 It is clear from the tab 2 that percentage of male cultivators is continuously decreasing from 1961-1991 with a slight increase in 2001. As far as male agricultural labourers are concerned, they are showing no definite trend and they account for 14.64 per cent of the total male workers in 1961 and after a slight fluctuation it has become 14.85 in 2001. The people involved in mining and quarrying are even less than half per cent of the total male workers and it is continuously showing a decreasing trend. The male workers involved in household industries have decreased from 3.06 per cent in 1961 to 1.37 per cent in 2001 with slight ups and downs in the intermediate decades. When the trend of occupational mobility of male workers in non household industries of the secondary sector is observed, it is found that thier share was only 0.79 per cent in 1961 which has become 2.29 per cent in 2001 thus showing the positive occupational mobility for this sector. As far as the occupational mobility of male workers in construction sector is concerned it is showing positive trend as its share was only 0.5 per cent in 1961 and has become 1.82 per cent 2001. Tertiary sector is also showing a positive sign of occupational mobility for male workers of the scheduled caste population in Uttar Pradesh as male workers in the Trade and Commerce and Transport, Storage and communication sector has increased from 1961-2001. Thus it can be safely said that scheduled caste male workers are showing upward mobility in the last census year as percentage of workers involved in secondary and tertiary sector has increased over the period of time.Table: 3 Sector wise change in the Distribution of Scheduled Caste Female Main Workers in Uttar Pradesh, 2001

Mining and

Other than

Trade and

Transport,Storage and

1971 12.90 7.90 0.10 0.20 0.10 0.10 0.10 0.401981 14.93 5.38 0.00 0.32 1.32 0.00 0.00 NA1991 14.54 7.13 0.37 1.12 0.87 0.16 0.31 0.422001 12.38 3.42 0.03 0.54 0.25 0.08 0.11 0.52

Source; Census of India 1971, 1981,1991, 2001

From the above table it is clear that scheduled caste female work participation rate is low as compared to the work participation rate to their male counterparts. They are mainly involved in the agricultural

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sector. The second important group of female workers’ was other workers (last head of the concerned table). Their involvement in rest of the employment sector is mostly less than 1 per cent and which has remained low over the period of time. Thus it can be safely said that scheduled caste female population of Uttar Pradesh is showing negligible amount of positive occupational mobility.

ConclusionsFrom the results it is clear that fundamental mutation from primary economic activity to secondary and tertiary economic activity is taking place in total scheduled caste population but with low pace. Thus this group is showing positive occupational mobility. As far as the occupational mobility of male workers in construction sector is concerned, it is showing positive trend. Tertiary sector is also showing a positive sign of occupational mobility for male workers of the scheduled caste population in Uttar Pradesh. Thus it can be safely said that scheduled caste male workers are showing upward mobility in the last census year as percentage of workers involved in secondary and tertiary sector has increased over the period of time. In case of scheduled caste female population of Uttar Pradesh negligible amount of positive occupational mobility is recorded.

BIBLIOGRAPHY

Behrman, J. and Taubman, P. (1985), Intergenerational Earning Mobility in the United States: Some Estimates and a test of Becker’s Intergenerational Endowments Model, The Review of Economics and Statistics, Vol.67, No. 1, pp. 144-151.

Carletto.C and Kilic. T. (2009), Moving Up the Ladder? The Impact of Migration Experience on Occupa-tional Mobility in Albania, Development Research Group, World Bank, 1818 H Street NW, Washington DC, 20433, USA

Census of India (1961), Final population Totals, Paper No.1 of 1962, Ministry of Human Affairs, New Delhi.Census of India (1971), Scheduled Caste and Scheduled Tribe, Paper 1 of 1975, Series 1, Table C-VIII, Part

A&B, Ministry of Human Affairs, New Delhi.Census of India (1981), Primary Census Abstract for Scheduled Caste and Scheduled Tribe, Series. 22, Paper.

2 of 1982, Ministry of Human Affairs, New Delhi.Census of India (1991), Series-25 Part II-B (ii) Primary Census Abstract, Scheduled Caste and Scheduled Tribe

Population, Ministry of Human Affairs, New Delhi.Census of India (2001), Primary Census Abstract, Data Product No. 00-73-2001-cn-CD, Ministry of Human

Affairs, New Delhi.Chandna, R.C. (1989), Spatial Dimensions of Scheduled Castes in India, Intellectual Publishing House, New

Delhi, p.152.Corak, M, and Heisz, A. (1999), The Intergenerational earning and Income Mobility of Canadian men: Evidence

From Longitudinal Income Tax Data, Journal of Human Resources, Vol. 34, No. 3, pp. 504-533.Gosal, R.P.S. (1991), Work Force of India’s Scheduled Caste Population: A Spatial Perspective, A Journal of

the Association of Population Geographers of India, Vol. 13, June –Dec, Nos. 1&2, p.8.Gosal, R.P.S. (1993), Scheduled Caste Population and Urbanisation-A Spatial Analysis, Geographical Review

of India, Vol. 55, No. 3, pp. 25-38.Haider, S. and Solon,G.(2006), Life-cycle Variation in Association between Current and Life time Earnings,

American Economic Review, Vol.96, No.4, pp.1308-1320.Hnatkovska, V, Lahiri, A., and Paul, S.(2011), Caste and Labour Mobility, Working papers, University of British

ColumbiaJhilam, R. and Rajarshi, M. (2010), Online posted 01 february 2011/19:51Majumder, R. (2010), Mobility in Educational and Occupational Attainments: A Comparative Study of Social

Classes, Margin: The Journal of Applied Economic Research, Vol. 4, No.4, pp. 463-494.Mayhew, S. (2005), Oxford Dictionary of Geography, Indian Edition, Oxford University Press, New Delhi, p. 358.

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Mohammad, N. (1987), Caste and Primary Occupations: A Geographical Analysis, Concept Publishing Com-pany, New Delhi, p.17.

Mohammad, N. (2000), Dynamics of Caste and Occupation, The Geographer, Vol. 47, No. 2, July, p .35.Mohammad, N. (2001), Dynamics of Caste and Occupation, The Geographer, Vol. 47, No.2, July, p. 22-47Narayan, B (2011), The Making of the Dalit Public in North India, Oxford University Press, New Delhi, p. xviiPassado, E. (2005), Occupational and Industrial Mobility in the United States 1969-93, Working Paper No.416,

The Levy Economics Institute, Yew York, pp.1-32.Sachchidananda, (1977), The Harigan Elite, Thomson Press (India) Limited, Faridabad, Haryana, p.17.Socio-Economic Survey of India (2002-2005), Govt. of India, Ministry of Finance and Company Affairs,

Economics Division, pp. 240-241.Techno-Economic Survey of Uttar Pradesh (1965), National Council of Applied Economic Research, New

Delhi, p.1.Tripathi,R.M.(1999), Socio-economic Profile of Scheduled Caste Population in India, Geographical Review of

India, Vol.61, No. 1, p.57.Wilson, C.(2004), Understanding the Dynamics of Socio-Economic Mobility: Tales from Two Indian Villages,

Working Paper 236, Overseas Development Institute, London, pp. 1-80

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SIR SYED AHMAD KHAN AND THE PERSPECTIVES OF 1857 REVOLT: AN ANALYSIS OF HIS

WRITING WITH SPECIAL EMPHASIS ON ASBAB- I-BAGABAT-I- HIND AND SARKASHI ZILA BIJNOR.

Shahid anwar siddique*

ABSTRACT :There are various writing by the contemporary Muslim intellectuals who were eye- witnesses of the revolts as well as had suffered due to the outbreaks of the revolts during the great mutiny which happened in the second half of the 19th century as a result of the wrong policies and programmes of the British government. As it has been perceived by various writers during that time, in this regard one cannot ignore fact that there emerged various school thought which have contradictory view regarding the outbreaks of revolts. The imperialistic school thought not surprisingly turn the revolt as the most heinous crime committed by the Indians whereas some of the Indian writers took it as war of independence or revolt against the british wrong doings but it was very difficult to pinpoint what actually had gone wrong and apart from anger, resentment and expression of frustration. We do not find much in writings those who suffered in greater India context. The writing differs from place to place and views differ from person to person but one thing was clear that Indians were not hiding their anger and sense of loss from the british on slogans during the revolts in 1857.

In this regard the writing s the writing of Muslin intellectuals, scholars, poets and others are in a way to provide true reflection of the revolts of 1857.among these scholars, poets and literary there score of names like mirza Ghalib, Altaf Husain Hali, Zauq Delhvi, Dagh Dehalvi, Bahaur Shah Zafar, Mushafi and others are there to provide us with the actual glimpse what happened in 1857 revolts, away them no writing could be compared with that of the highest intellectual of the time sir syed ahmad khan who came out with his views on the revolts of 1857 in two master pieces i.e.asbab-I-bagabat-I-hind and sarkashi zila bijnor which are the reflection and real search on truth what it happened during that time, sir syed was quite successful in his effort in pointing out to the british short comings in regard to the governance of British india.asbab-i-bagabat-i-hind while trying to know sir syed had pointed out was a truth or just a myth. Without studying his work we cannot reach and conclude in this regard, the work become important from the point of view of the british, as the british of face severest of challenge and is survival was stake..finding the time appropriate sir syed consider it his prime duty to tell the british that to put the entire blame on Muslims was wrong and the Muslims had wrongly consider the enemy of the empire and that the british was also respectable for these acts of omission and commission in India, as the people of India were fed up of the British policies. In another masterpiece, this deals with the revolts districts Bijnor.

*Reseach scholar epartment of history Amu, aligarh

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He has also discussed various aspects of revolts and described the events at the district bijnor which he has witnessed while he was serving there. Apart from these two books sir syed’s other writings and correspondence are useful for those who would like to analyse the revolts of 1857 from Muslims perspective.

1. Contribution of sir syed Ahmed khan (Islamic- seminar paper edited by Abdul Ali and syed ahsan page no.31).

The “intellectual of document” of the decedent 19th century India viz.poets. writer and high official reflected age.ghalib the greatest and most learned poets of the century, had a view of the world and the age which was destined to be the last Mughals king and pensioner of ruling east India company, pathetic versifier there was hardly any thinker, they had no fit to stand on and no brain to think above their own situation. They had no imagination and energy to get out of the swamp they were drown neck deep. Political profile of sir syed sayyid ahmad khan a documentary record institute Islamic history, culture and civilization Islamic university Islamic edited with notes and introduction by Hafeez Malik printed by –Mirza Muhammad sadiq at the ribbon printing press, 4 lakh road, Lahore.The contemporary british view described 1857 as a “great muting “a Dalhousie after math a “brahmanical protest” and a “Muslim rebellion” an underlying theme in all these interpretation was the british concept of divine chastisement” which implied their failure to fulfil the “sacred mission” of spreading Christianity among the peoples of india.consequently, the palmers tan government designed October 7, 1857, as a day of national humiliation, fasting, prayers. Thousands of Britons flocked to the churches to seek divine forgiveness and aid in putting down the revolt of the Indians. Not knowing that god was on Britain’s side sir syed Ahmad khan also prayed in 1858 while he was in Moradabad preparing the write the history of the revolt in the district of Bijnor. Sir Syed’s avowed impartiality should be discussed. To him impartiality did not include treating the rebels of Bijnor as the British east India company; nor were they “patriots “or “nationalist “exercising their right of political independence. They had defied the lawful British authority in error of judgement, in greed and out of their ancestral pride. Consequently, sir syed always referred to nawab Mahmud khan the central figure of the revolt in Bijnor, as Mahmud (the cursed one) sir syed did provide however, a faithful description of the events and distributed the blame and responsibility impartiality between the Hindu and Muslim subjects of the company. To extant his history is reliable and free from the distortions that frequently occurred in the British literature on the events of 1857.The Muslim minority by Nawab Mahmud khan (a descendent of nawab najib-ud- daulah) initiated the rebellion and consequently suffered most when the British raj was re-established.the Hindu elite remained loyal to Britain and was appropriately rewarded by the British government. Nevertheless, while the Hindu and Muslim elites pursued mutually exclusive ambitions, Hindu and Muslim employees of the company (including sir syed) remained steadfast in their loyalty and devotion to their British superiors.Also 1857 taught sir syed lesson which was to mould his attitude toward the Hindu, and particularly the all India national congress, in subsequent years. It convinced him that although the British raj maintained peace between Hindu and Muslim it did not blend them into a single nationality, aspiring to a common political end.In fact they saw in Bijnor Hindu and Muslims apprising each other during the interruption of British raj maintained peace between Hindu and Muslims it did not blend them into a single nationality, aspiring to a common political and. in fact he saw in Bijnor Hindus and Muslims apprising each other during the interruption of British rule. It was obvious to him that, it Hindus and Muslims could not close their ranks and adjust to each other’s aspiration and just demands an emergency they were likely to achieve a satisfactory modes Vivendi in peaceful times.Sir Syed’s account of the events of 1857 comprises three works, composed between 1857-58: tarikh

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sarkashiy-idhilla Bijnor (history of revolt in the district of Bijnor) asbab –i-baghawat-i- hind causes for the revolt of India)Sir Syed took effective measures. He wrote his book asbab baghawat-e-hidden(causes of the Indian revolt)and the loyal mohammadans of India to neutralize the hostile attitude of the British rulers towards the muslims.secondly,he wrote and published his famous book khutbate-e-ahmadiyyah with a view to presenting the genuine image of Islam viz- a viz the biased propaganda launched by western missionaries against it.He also wrote a commentary on the bible and pointed out the basic similarities and commonalities that came from ulama, he attempted a rational interpretation of the quran well as started a parochial entitled tahzibul-akhlaq.(Sir Syed Ahmad khan.a selected bibliography (seminar papers) kabir Ahmad khan page 71-2-3, edited Abdullah and syed ahsan.)Sir Syed lived in a period of multi-feasted crises for Indian muslims.after the muting of 1857 the challenges that faced sir syed were three fold. First the British rulers had developed a hostile attitude towards the Muslim whom they held solely responsible for the revolt. Secondly, the Christian missionaries were busy attacking Islam and its practices by subjecting to biased criticism the fundamental principle of Islam including the life of the prophet Muhammad (peace be upon him).thirdly, the attitude of the orthodox ulma and their aversion to western sciences also posed a great problem for sir syed.Sir syed’s perception of Islam: (iqbal hey)edited by Abdul ali and syed ahsan institute of Islamic studies Aligarh Muslim university, Aligarh, page 94-95.Altaf hussain hali would suggest Islam India, writes hali, was surrounded by three dangers. first the Christian missionaries who under the patronage of the English rulers were proceeding against islam.their newspaper, preachers and propaganda literature spread hatred and attacked Islam and the character of the prophet of islam.the second danger which the Muslim faced was due to the political changes in the country and a complete ascendancy of the English power in India relegating the Muslims to the status of subject nation, the third danger to Islam was from the speed of English education which was expanding rapidly. Before the outbreak of the rebellion of 1857, the Muslim had kept themselves from modern education.That the civilized one has become the master of every source of income of the uncivilized country would say, the barbarians plundering is harmful, but the war of plunding in the disguise of science and making.In lengthy note on one of his poems, zamzamah-i-qayser, which was composed in 1878.hali bitterly, criticized those eight writers who were harping, rather exaggeratedly, on the barbarity, of early Muslim thing of india.in that note describing the behaviour of the civilized towards the uncivilized nation.hali said:The fact is that one part of the world has progressed so much compared to the rest of the world that old technique of exploitation has become useless. Previously things were acquired by killing and plunding.now days it is possible to acquire much more without shedding a drop of blood. Exploitation is achieved industries and trade. So much so that when a trade agreements is signed between civilized and civilized governments this taken for.Like a syed Ahmad, hali suppoted the British role, but his support was merely a matter of expediency. He praised the British administration but openly criticized its policy of divide at impera.in one of his (completes) he described the policy for persevering India empire in the following way.Policy said, in a conquredkingdom. Ferment division in order to maintain your supremacy reason advising against this said,Uttar no such word, even unguardedly: judgement said ’act upon what policy advices and do not neglect the advice of reason either go on doing what has to be done. But utter no indiscreet word (hali, divan, firstpublished wid.reprint, Delhi, 1945, pp.44-45)Muslim politics in modern India, 1857-1947, edited mushier v.haq meenakshi prakashan, Meerut,

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India, p.33-34, 36-37.The poet altaf Hussein (1837-1914) is well know by his nom de phonic, hali.he was born to rather poor family in panipat, a town not very far from delhi.his effort to get the best education according to the standard o that time was interrupted more than once.hali got petty job in nearby district in the office of the district collector.he was about twenty year olds when the muting broke out. He returned home and stayed there jobless for about four years. after many ups and down he finally got a job in the Punjab government book department, Lahore, it was a kind of translation because text books in Urdu which consisted mainly of material translated from English.Hali’s was in favour of the educational policy of syed ahmad, and gradually the two men become close. Finally syed Ahmad managed to ‘steal’ him from government. Service from then on hali remained with syed Ahmad (tarjuma-I-hali) hali concept of qualm is not basically different from syed Ahmad has done. To hali qawm and vatan (mother land) are closely related. It was natural, in his opinion, that more than one qawm.in other words several qawns would have to merge into one quam.The margins of clanricarde while discussing in the House of Lords in February, 1857, the system under which the government of India was administered, stated. The truth was, that the whole system by which India was governed tended to degrade the natives and the render them cunning sordid and deceitful.syed ahmad khan pointed out that the social measures of the government, the activities of the missionaries, and the statement of government officials, combined to create the impression that the rulers intended the conversion of the people of India to Christianity. The propaganda of the Christian mission was on the increase since the permission to battle in India in 1813 was granted to them. Their preachers were seen in the market places and at the fairs often with police escort. so wrote sir syed. The missionaries too had introduced a new mode of preaching the gospel. Religious tracts containing questions and answers now began to be printed and distributed among the people.....of their own accord. They used to frequent Mohammedan mosques and Hindu temples as well as fairs, for the purpose of pressing, to certain districts, moreover, they were even allowed on a chaprasi or policeman from the thanah (police office) to attend them. These persons did not content themselves with merely preaching the gospel, but used to allude to pious men and seared places of other religions in highly disrespectful manner, which gave much offence and pain to their hearse, and served to sow in the hearts of the people the seeds of disaffection to the government (Edwards and Merivle, life of sir Henry Lawrence, voll.11,p.322-23)the primary causes of rebellion are infancy .everywhere the same it inevitability results from the existence of a policy obnoxious to the disposition aims, habits and views, of these by whom the rebellion is brought about this it follows that widely spread disaffection cannot spring from any solitary, or local cause universal rebellion must arise from universal ground for discontent or form stream deriving from many different sources, but finally merging into one wide- spreading, turbulent water.The rebellion on 1857, did not originate from a single cause but from a complication of causes. As regards the rebellion of 1857, the fact is that for a long period many grievances material had been collected. It wanted but the application of match to light it, and that match was applied by the mutinous army.The distribution of “chapattis” had not league for its abject in the cause of the year 1856 and almost simultaneous with the outbreak, chapattis were passed from hand to hand in many districts. Happened at that time to be raging in Hindustan. Some have imagined that these chapattis were used as a kind of talisman to keep of the cholera. The superstitions Hindustani’s (Indian) being in the habit of using such talisman.The subject of the proclamation which was found in the tent of a Persian prince discussed.The dispatch of Farman by the ex- king of Delhi to the king of Persia not improbable, but not

the origin of the rebellion.The annexation of Oudh not the cause of the general rise or do I believe that the annexation of the

Oudh was of this rebellion. No doubt, men of all classes were irritated at its annexation, all

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agreed in thinking that the honouras east India company a had acted in defiance of its treaties.The national league not framed with the view overthrowing the government of strangers.Declaration of Lord Amherst in 1872 to the effect that the sovereignty of India belongs to

the British government.The muhammadans did not contemplate jihad against the Christians prior to the outbreak.None of the acts committed by the Muhammadan rebels during the disturbances were in

accordance with the tenets of Muhammadan religionA large number of the Moulvies who considered the king of Delhi a violator of the law left

off praying in the royal mosque.The Bengal army was not previously in league for an outbreakNor was there any league between the army and the ex-king through it is not improbable that

some sepoy or non commissioned officer may have been his disciple.The non- admission of such a member proved a hindrance to the development of the good

feeling of the Indian subjects towards the government.The non-admission of native as a member into the legislative council was the original course

of the outbreak.This mistake of the government then made itself felt in every matter connected with Hindustan.

All causes of rebellion, however various, can be traced to this one and if we look at these various causes separately and distinctly we shall, i think, find that they may be classed under five heads.

1. Ignorance on the part of the people: by which i mean mix apprehension of the intention.

2. The passing of such laws and regulations and forms of procedure as jarred with the established of such as were in themselves objectively.

3. Ignorance on the part of government of the condition of the people; of their modes of thought and of life and of the grievances through which their heats were becoming estranged.

4. The neglect on the part of our rulers of such points as was essential to the good government of the Hindustan.

5. The bad management as disaffection of the army i shall now proceed to consider these five heads and under them may be classed their subheads, distinctly, and in detail.

6. Interference in matters of religion7. Sucundra orphan asylum.8. Religious discussion being carried to a great height during the present time.9. The officer assumed the missionary function preaching of the gospel by the

missionaries.10. The establishment of missionary school and the covenanted officers attending

of them.11. Village schools12. Introduction of female education13. Alterations in the system of education in large college 14. Government proclamation of the subject of admitting in preferences to other

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candidate.15. Introduction of the messing system in the jails.16. Circulation of Mr. Emends letter from Calcutta.17. Interference in religious matters more repugnant to the feelings of the

muhammadans.18. Promulgation of certain acts in cases where in the parties are of one religion.19. Promulgation of objectionable laws.20. The resumption of mafias (revenue free land)21. Public sales of zamindari rights.22. Heavy assessment of lands23. Abolition of talookdari rights particularly in Oudh province.24. Introduction of stamped paper.25. Civil administration of Bengal superior to that in the Punjab but requires revision

in certain ports.26. The ignorance of government of the state of the country and their subjects.27. Overwhelming poverty of the Indians, particularly of the muhammadans,28. The same cause induced them to serve the rebels for one anna and half annas, or

is seer of hour per day.29. The stoppage of stipends and pension.30. The investment of capital in government loan.31. I will proceed to show what duties government ought to have fulfilled and which

did not fulfil.32. Neglect in matters which should have received consideration of government.33. Want of cordially towards the Indians34. In ancient times as long as cordiality was not observed by the reigning powers,

tranquillity was not established.35. Treating the Indian with contempt.36. The uncouth address of local authorities towards the natives.37. Few in number, wherever they are held dear by the natives.38. The ill treatment more repugnant to muhammadans exclusion of natives from

high appointments.39. The not holding of durbars by the governor of India and not conferring rank and

honour due to merit according to the usage of former emperors.40. The observation of rule by lord anevland and Glenborough a very proper one.41. The facts of the rebellion in India appeared more serious to the authorities than

they in reality were.42. The * of the English forces.43. The employment of Hindu and muhammadans in the same regiment.44. The pride of Indian forces and its causes.45. The impropriety of punishing the non –commissioned officers at Meerut which

touched the variety of Indian forces.46. Want of confidence in the India forces towards government after occurrence.47. Why the * not break out in the Punjab.

In contrast to those observe who, like Alexander duff saw, the uprising in the seminar of 1857 as

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evidence of a great conspiracy, or like disrachi, saw it as an expression of Alvin occasioned among the people by unnecessary reform, there were many who insisted that it was funda an army mutiny.Reliance on Indian troops for the maintenance of british contract was, he believed a dangerous

practice likely to lead to further out broThe cartridge question was to my mind indubitably, the immediate cause of revolt. But the

army had for long, seen and felt its power. We had goneon, year by year.Marx saw the violence of 1857 as an extension of the social process England had already initiated.From Karl Marx, “the revolt in the Indian army “and “dispatches from india”quoted ink.Marx and F.Egles.The first Indian was of independence 1857-1859. Moscow: foreign language publication house (n.d) pp.40, 56-57.on of the very few analysis of the events of 1857 from Indian source was written by sir syed Ahmad khan (1817-1898) one of the most remarkable Indian of nineteenth century.Descended from a family that had held high positions under the Mughals emperors, as a young man he had witnessed the decay and degradation of the court at Delhi. He entered the service of the east India Company as a judicial official in 1847 and he was stationed at bijner in Bareilly district of what is now the state of Uttar Pradesh, when the uprisings against the British took place. The area, which had been under British rule since 1801, was a major centre of the revolt, but Ahmad khan protected the British officials with the local chieftain that British could not be eliminated from India, so he had Best accept it after the was over.syed ahmad khan won great fame for his writings urging the need for Muslims to come to terms with the british and to accept what the west had to offer by way of modern learning.From George bruee malleson, the Indian mutiny 1857, New York: scribers, pp.17-19, 23-27.All modern historian that there was no really coordinated advance planning is the view that

a widespread and well organized conspiracy had been at work for some years plotting the overthrow of the British.

Mellesson identified three principal figures as leader of the conspiracy: Nana sahib, the adopted son of the last peshwa, the leader of the Maratha; Maulvi Ahmad-Allah,a Muslim religious leader.

REFRENCES;Contribution of sir syed Ahmad khan (Islamic studies –seminar paper edited by Abdul Ali and syed ahsan pageno.31)Political profile of sir syed ahmad khan a documentary record institute Islamic history, culture and civilization Islamic

university Islamic edited with notes and introduction by Hafeez Malik printed by- mirza Muhammad sadiq at the ribbon printing press,4 lack road, Lahore.

Sir Syed Ahmad khan selected bibliography (seminar papers) kabir Ahmad khan page 71-2-3, edited Abdullah and sayyid ahsan.

Hali,divan,first published with reprint, delhi,1945,pp.44-45Muslim politics in modern india, 1857-1947, edited mushir v.haq meenakshi prakashan, Meerut, india, p.33-34,36-37.Edwards and Merivle, life of Sir Henry Lawrence, voll.11, p.322-323.From Karl Marx, “the revolt in the Indian army “and “dispatches from India “quoted ink.marx and f.Engels.The first Indian was of independence 1857-1859.Moscow:foreign language publication house (n.d) pp.40,56-57 from

George M Malleson, the Indian mutiny 1857,new York: scribers, 1891,pp.17-19,23-27.

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FOREIGN DIRECT INVESTMENT IN INDIAN RETAIL SECTOR: OPPORTUNITIES &

CHALLENGESMohd Ajmal*, Asif Pervez**

ABSTRACTFDI has an important contribution in the growth of a developing country it is an important means to reorganize the production facilities globally and regarded as an important vehicle for Economic development particularly for developing economies. On November 24, 2011, Indian Government approved a proposal and promotes FDI in retail sector by providing up to 51% for single brand segment and 100% in multi brand segment. It gives opportunities for the Global retail giants to enter in India retail sector. According to the investment commission of India, the retail sector is expected to grow almost three times its current levels to $660 billion by2015.Retail has played a major role in improving the productivity of the whole economy at large the positive impact of organized retailing could be seen in USA, UK and Mexico and also in China. Retail is the second largest industry in US, it is also one of the largest employment generators. While India presents large market opportunities given the number and increasing Purchasing power of consumers, there are significant challenges as well given that over 90% of trade is conducted through independent local stores. Indian retailing is one of the pillars of its economy and accounts for 14 to 15 percent of its GDP and the Indian retail market is estimatedto be US$ 450 billion and one the top five markets in the world by economic value. India is one the largest growing retail markets in the world, with 1.2 billion people. The present paper is outcome of descriptive research applying secondary data with the objective of focuses on the overview of the structure of Indian retail market sector along with the opportunities and challenges of FDI in retail sector of India and the opportunities and challenges for foreign retailers in India retail industry.

KEY WORDS: FDI, Indian retail market, Opportunities and Challenges, Foreign RetailersINTRODUCTIONForeign direct investment is defined as an investment by an entity/person resident outside Indiain the capital of an Indian Company under schedule 1 of Foreign Exchange Management Regulation, 2000. Foreign Direct Investment differs from foreign portfolio investment, which is another kind of foreign investment where a foreign institutional investor invest in equities listed on a nations stock exchange.FDI plays an important role in development of a nation as it

*Research scholar, Department of Commerce, Aligarh Muslim University Aligarh -202002 (UP), **Research scholar, Department of Commerce, Aligarh Muslim University Aligarh -202002 (UP),

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is not only a source of capital, but also increase competitiveness of domestic market, strength infrastructure, raise productivity and generate employment. India adopt new economic policy and open its economy for foreign investor in the year 1991 followed by balance of payment crises, but and since then it has been an issue of debate discussion on the risk of allowing FDI in the country. Since then India has been a favorite investment destination for foreign investor because of India‟s large consumer base, potential for investment and supporting economic policy and better infrastructure.

India is a food deficit country, with incidence of malnutrition in children and because of poor infrastructure and logistics, food spoilage is about 30% of food harvest. Although 100% foreign direct investment has already been allowed in cold chain infrastructure, yet there has been no interest of foreign investor in building cold storage as there is no potential demand from organised retail sector.

Retail market in India constitute a share of around 15% in GDP of India, employing around 40 million Indians in retail and logistic market, it has been estimated to be US $ 450 billion and one of the top five retail market in the world by economic value but organized retail market is only4% of the retail market. Retail market in India growing at a very fast rate with 1.2 billion people in the country and India continue to be the third most attractive destination for investment by transnational corporations (TNCs) during 2013-15 after China and USA as stated in a recent survey by UNCTAD based on responses from 159 countries.

REVIEW OF LITERATURE

Bhattacharya, R. (2012). in his research paper entitled “The opportunities and challenges of FDIU in Retail in India” analyze the current retail scenario in India, investigate the controversial views of the various stakeholders and evaluate the likely challenges and threats of FDI in both single and multi-brand retail in India and concluded that it is very difficult to predict the future of Indian retail sector. But the government of India must be cautious about the apprehensions raised by the critics and adequate safeguards must be taken so that the positive effects may outweigh the negative ones.Tiyagi, H. (2012). study various opportunities and challenges of Foreign direct investment in Indian retail industry and came to the conclusion that FDI in retail would have an adverse impact on small retailers but the impact would be short lived and would be weaken over time.In another study Gupta, A. (2010). Analyze strategic issues and implications of foreign direct investment in Indian retail sector and concluded that FDI in Retail trading should be opened up to substantially improve productivity and distribution system through modern format retailing OBJECTIVE OF THE STUDY

1. To analyse present structure of retail sector in India2. To evaluate challenges and Opportunities for Foreign retailer in Indian retail industry3. To study Challenges and Opportunities of FDI in retail industry in India

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4. To suggests certain measure for growth of FDI In retail sector in IndiaMETHODOLOGY OF THE STUDYThe study is descriptive in nature and based on secondary data collected from various research papers, reports, case studies, books, journals, newspapers and online database and websites of DIPP (Department of Industrial Policy and Promotion), RBI (Reserve Bank of India) and UNCTAD (United Nation Conference on Trade and Development).BACK IN GROUND OF FDI IN INDIAN RETAIL SECTORForeign direct investment in India allowed in 1997 in cash and carry wholesale with a prior approval from government, later the approval requirement was relaxed and automatic permission was granted, with 100% ownership in the year 2006 with foreign ownership of 51% in single brand retail in Indian retail outlets, but it could attract only around $1.8 billion,1.5% of total FDI flows in the country between 2000 to 2010.Until 2011 FDI in multi-brand retail was not allowed in India, but reform in the retail market took place India on 20 August 2012 when 51% FDI was approved in multi-brand retail with some specified condition to be fulfilled, also single brand retail was allowed 100% ownership raising it from previous 51% with revised condition. These market reforms paved the way for retail innovation and competition with multi-brand retailers such as Walmart, Carrefour and Tesco, as well single brand majors such as IKEA, Nike, and Apple.FDI Policy Changes in Retail in 2012On 20th August 2012, new policy was approved for foreign direct investment in both single brand retail and multi brand retail in India. Government introduced the following measures for FDI policy in retailPolicy for FDI in Single brand Retail

1) The Investor should be an owner of the brand2) There is no condition of investment towards the back end infrastructure3) There is no condition for location of the store4) In respect of proposal involving FDI beyond 51%, 30% sourcing would

mandatorily have to be done from domestics SMEs and cottage industries artisans and craftsmen

5) Products to be sold should be of a single brand only, sold under the same name internationally

6) While the proposals on FDI will be sanctioned by the centre, approvals from each state government would be required

Policy for FDI in Multi brand Retail1) Minimum investment of US $100 million by foreign investor2) At least 50% by the foreign company to be in back end infrastructure3) Stores to be restricted to cities with a population of one million or more(53 cities as per 2011 Census); given constraints around real estate retailers are allowed to set up stores within 10 km of such cities4) At least 30% of manufactured items procured should be through domestic

small amd medium enterprises (SMEs)5) There is no restriction on brand6) While the proposals on FDI will be sanctioned by the centre, approvals from

each state government would be requiredAN OVERVIEW OF RETAIL SECTOR IN INDIARetail means selling of Goods to its final consumer for consumption and not to Industrial

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buyer or mediator for its processing or further sale.The term „Retail‟ was defined by Delhi High Court in 2004 as sale for final consumption in contrast to a sale for further sale or processing. A retailer purchases goods from its manufacturer, store it, maintain its stock and sale to final consumer for some profit margin on it. Retail market contributes around 15% of India‟s GDP employing around 40 million people of the nation. Retail sector in India has been estimated at around US$450 billion with a share of only 5% organised retail sector.Structure of Retail Sector in IndiaRetail sector in India is divided in two Classes1) Organized Retailing2) Unorganized RetailingOrganized retailing means the trading activities which are undertaken by licensed retailers, that is, those who are registered for sales tax, income tax, etc. For example the corporate-backed hypermarkets and retail chains, privately owned large retail businesses etc. While unorganized retailing refers to the traditional formats of low-cost retailing, for example, the local kiranashops, owner manned general stores, paan/beedishops, convenience stores, hand cart and pavement vendors, etc.Types of retailing in India

1) Single Brand Retailing2) Multi Brand Retailing

Single Brand Retailing means that a retail store with foreign investment can sell only one Brand goods that is sold internationally under a single brand, for example Adidas, Reebok etc. A foreign investor can sell only that brand in a retail store for which permission is granted to it, for selling another brand, a separate permission have to be obtain to sell goods of other brand in other store.Multi Brand Retailing means that a Retailer with foreign investment can sell goods of different brands in the same store under the same roof.FDI in Multi Brand Retail will lead the global retailer Players like Walmart, Carrefour and Tesco to open their stores offering a range of different Brands under same roofPeculiarities in Indian Retail MarketIndian Retail sector is different from retail sector in advanced country where mode of distribution of goods and services are either through an independent retailer or directly from manufacturer. Small and medium enterprises dominate the Indian retail market with a large number of Intermediaries like wholesaler, commission agent, stockiest and distributor who operates at local levelWith increase in Per capita income, growing consumerism, change in taste and preferences, people in India becoming brand conscious. There has been an increase in disposable income of Indian people by 20.9% between 1993 to 2003,also with easy credit facility, and variety of goods at various price levels has increased consumerism in IndiaLimitations in Retail Industry in IndiaIndia does not have sufficient and adequate infrastructure facility in retail industry, India is the second largest producer of fruit and vegetables but there is no sufficient cold storage facility. There are only 5386 standalone cold storage with a capacity of 23.6 million MT, 80% of this facility is used for potatoes only. This lack of cold storage facility causes

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heavy losses to the farmers. Indian retail sector in dominated by Intermediaries, they often break norms and their prices lacks transparency. Farmers in India realize only one-third of total prices against two-third of total prices realize by farmers in advance nations.CHALLENGES AND OPPORTUNITIES FOR FOREIGN RETAILERS IN INDIAChallenges

1) The first and foremost challenge that foreign retailer would be facing in India is itself from unorganized retail market in India which constitute about 95% retail market in India. Indian retail market is dominated by small and medium enterprises. Indian retail sector is also distinct as it has large number of intermediaries like commission agents, stockiest, distributors etc. Also the tax structure is in favor of these small retailers as most of the small unorganized retailers are not registered and taxes for even registered retailers are negligible but foreign retailers would have to pay heavy taxes that will ultimately increase their operating expenses and cost of their product.

2) Infrastructure facility in India for foreign retailer are not adequate, undeveloped supply chain, absence of IT management, lack of trained human resource will put forth a challenge for Management

3) Frequent changes in the prices, product obsolescence, low profit margin, and dissimilarity in consumer groups are the factor that may lead to huge losses for foreign retailers

4) Consumer credit facility is not very much developed in India5) It will be difficult to attract consumer from traditional kirana stores specially in the

food and grocery segment6) FDI in single brand has been allowed to the extent of 100% with revised condition

and in Multi-Brand to the extent of 51% with some specified condition. This shows that FDI has not been allowed in India freely and healthily to protect the interest of the domestic companies and domestic retailer

7) FDI in retail has been an issue of debate and the country has always hesist to allow FDI in retail because of its probable risk of endangering livelihood of local retailer. It has always been an issue of opposition for the government.

8) There may be a segment in the country who feels nationalism and proffered only Indian goods

Opportunities1) Indian organized retail industry is one of the most developing sector in the economy

with huge growth potential,. Organized retail market account for only 5%-6% and expected to grow at a very fast rate

2) Indian retail industry stood at US $350 billion in 2007-08 and estimated to attain US

$660 billion by 20153) Recently India has shown Liberalize policy towards FDI in retail allowing 100% FDI in

Single brand retail and 51% FDI in multi-brand retail although with specified conditions

4) India is a country with a large consumer base of around1.2 billion people, it provides a huge opportunity for foreign players to cater the demand for consumer goods in

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the country5) With increase in the education level, increase in per capita income, increase in

disposable income of people and increase consumerism, taste and preferences of people in the country has change people becoming more brand conscious, hence creating an opportunity for global brand.

CHALLENGES AND OPPORTUNITIES OF FDI FOR RETAIL SECTOR IN INDIAChallenges

1) Foreign direct investment in Indian retail industry may endanger livelihood of around 40 million people in the country working as small retailer, foreign retail players like walmart once enter the market can sale the goods at much lower price for years to wipe out the competitions from small local retailers, ruining their business.

2) Foreign retail player may sale the goods at much lower price initially but may increase the prices once they established, that may create inflationary condition for the consumer.

3) FDI in retail may benefit only big farmers who collaborate with multinational companies comprising only 10% of total farmer’s small farmers. who will sale directly to the market, will be seen as competitors. Also big farmers not be in benefit in the long run as they will be depended only on foreign retailer for selling their product.

4) Foreign retailers will open their stores in the metropolitan cities and therefore rural people will not be benefitted by FDI in retail.

5) FDI in retail sector will lead to increase for real estate prices in the cities.6) FDI in retail sector will ultimately disintegrate current supply chain in the country

and will encourage monopoly of foreign retailers.Opportunities

1) FDI in retail industry in India will remove all the intermediaries between farmers and retailers hence farmer will be benefitted.

2) Removal of intermediaries between producer and retail will lead to reduction in the prices of consumer goods and will help in reducing inflation, which has been a problem for the economy especially in last a few years.

3) India is a food deficit country, food spoilage account for 30% of total harvest because of inadequate infrastructure, Big retail chain will also invest in infrastructure like cold storage and therefore food can be prevent from spoilage.

4) FDI in retail will bring foreign capital, along with technology and global best practices which will bring professionalism and skill development in Indian employees.

5) FDI in retail will increase organized sector in retail, therefore along with increase in tax revenue for government global players cannot evade tax like retailer in unorganized retail sector.

6) FDI in retail industry will generate employment for people in the country.7) Consumer satisfaction will also increase as consumer will have more variety to

choose within, consumer will have better quality of product and that too at a much lower price.

8) FDI in retail will lead to overall growth in the Gross Domestic Product, leading to growth and development in India.

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CONCLUSION

India is growing at a very fast GDP growth rate of 7-8% and one of the fastest growing emerging market economy second to China only. But still India lacks in infrastructure facility, there is huge population in the country living under poverty line, there are incidences of farmers committing suicide, India is still a malnutrition country, there is incidence of people‟s death out of hunger. India open its economy in 1990s and since then with increase in FDI in the country, GDP growth rate has increase , living standard of the country has increased. Today is a world of globalization, India has to integrate its economy with the global world if it has to develop at a much faster rate and to provide better standard of living to the people of India with Indian people consuming world class brands. India is a country with very huge resources, and India need foreign investment to exploit these resources.

SUGGESTIONS

1) FDI in retail sector should be Introduce phase wise in the country both geographically and level of operation.

2) Small local retailers should be provided with sufficient finance facility, and should be encouraged to sell quality goods and registered themselves.

3) Local Players in the retail market should be provided with finance facility and technical knowledge to become competitive with the global players.

4) A Regulatory body should be established, with statutory powers, that regulate working of retail Industry and constitute norms for the industry as and when needed.

5) Working of Foreign retailers should be well regulated, but at the same time it should not discourage foreign investors.

REFERENCES

• Bhattacharya, R. (2012). The Opportunities and Challenges of FDI in Retail in India, IOSR Journal Of Humanities And Social Science, 5 (5), 99-109

• Tiyagi, H. (2012). Impact of FDI in Retail-Boon or Curse, VSRD International Journal of Business and Management Research, 2 (12), 594-600

• Gupta, A. (2010). Foreign Direct Investment In Indian Retail Sector:Strategic Issues And• Implications, IJMMR 1 (1), 55-68• Agarwal, P. (2011). Foreign Direct Investment in Indian Retail Sector - An Analysis, Available

from: http://www.legalindia.in/foreign-directinvestment-• A.T. Kearney Report (2011). Retail Global expansion: A portfolio of opportunities, Chicago,

USA• Balasubramanyam, V.N., & Mahambare, V.(2002). Foreign Direct Investment in Developing

countries, Lancaster University Management School, Working paper-1.• Baskaran, K. (2012). FDI in India’s Multi Brand Retail- Boon or Bane, Universal Journal of• Management and Social Sciences, 2(1), 1-16.• Babu, S. H. (2011). Foreign Direct Investment in India and Its Economic Significance , IJRCM,• 1(6), 140- 145• “Fdi Policy In Multi Brand Retail” (2011) Ministry of Commerce, Government of India• International Journal of Business Economics and Management Research , 2(6)

Economic Survey, (2009-10). Ministry of Finance, Government of India, New Delhi. Indian retail kings around the world. Rediff, 6 December 2011.

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• Department of Industrial Policy & Promotion and Foreign Exchange Management Act 1999

• Kalhan, A. (2007). • Imtiaz, M. (2012). FDI in organized retail in India: look to the multi brand opportunities,• IJRCM, 3(12) , 122-125

Websiteswww.PlanningCommission.nic.in www.unctad.org

www.rbi.org.in www.dipp.nic.in

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ROLE OF POLICE AND HUMAN RIGHTS IN INDIA

Dr. Najibul Hasan Khan*

The concept of ‘police’ has a long history. Its characteristic feature is that the concept has been narrowed down more and more. ‘Police’, ‘politics’ and ‘policy’ are clearly related words. The words derive from Latin ‘politia’, meaning ‘civil administration’ or ‘the State’, stemming from the Greek ‘polis’ (city) and ‘politikè’ (that which belongs to the city state, to civil society).Originally the word ‘police’ encompassed the entire responsibility of the State, including religious functions (where these were still the responsibility of the State). Later the concept was used only for secular functions of the State and again later only for certain aspects of these State functions.Only in the 19th Century is the concept restricted to those functions of the State that encompass protection against threat. Police agencies (as opposed to the police function) as we know today, are relatively new. In fact the first civil, public police, was the Metropolitan Police of London, formed by Sir Robert Peel in 1829. Other countries followed, with most developed democracies having police for some 100-150 years. In many formerly colonized countries the police were ‘implanted’ by colonial rule, primarily serving the interests of the colonial power at the expense of the local people.Police system in early India The common belief is that police system is a British Creation. It is not correct to assume that the concept of police is foreign importation and is a European innovation. The idea of police was familiar to Indian long before the British came to India. Even as early as the Epic Age of Ramayana, we find examples of the employment of police for the purpose of keeping peace and regulating traffic1. In the code of Manu, the lawgiver of ancient India, there are references of police system. One of the main duties of the ruler, according to these laws, was to restrain violence and punish the evildoers. During the Vedic period of Indian history, we find examples of the police officers for the purpose of maintaining law and order.” A policed society is also revealed in the Sanskrit, Pali and Prakit literature2. It is further evident from the recorded history of India that the kings of ancient India evolved an indigenous system of policing society long before the British thought of a regular police system. Police, as a state department, was well established during the imperial Rule of the Mauryas and the Guptas. Kautilya’s Arthashastra gives an elaborate description of Vigilence and Surveillance characteristic of modern police system3.The police force in the totalitarian countries stands on a different footing. As against the independence of the judiciary from any arbitrary interference by the executive and standing of the police as the agent of the Law in democratic societies, the executive in the totalitarian states wields the ultimate control over law and all its officials. The police are not only one of the ultimate sanctions of the state but also frequently used as such4. In democratic countries, police forces are agents of the law of the land. Law entrusts their duties and power to them and they are answerable in law for their actions5. They are the employees of the community, for the most part uniformed. Their special purpose is to ensure that community laws are observed and they employ force, and wear uniform by having an

*Assistant Professor, Vivekananda College of Law, Aligarh.

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exclusively domestic mandate and have the initial point of contact between citizen and enforcement machinery. British, American and India policemen are prototype of this model.Western scholars unanimously hold the view that the India Police System is a creation of the British rule in India. They further point out that it is difficult to trace anything answering to the police system6. It has, however, been conceded that from the Vedic period, the changing patterns of governments notwithstanding the protection of life and property of the people has been the cardinal function of the state7. These scholars hold that it is difficult to isolate references to police organization in ancient Indian polity as the mention of different form of crimes, administration of criminal justice and the structure of internal security system are inextricably linked with the broad stream of religion, ethics and political institutions. Unfortunately, these scholars have failed to appreciably understand and analyse the origin and development of the law enforcement institutions in ancient India since western police organizations themselves cannot be traced to antiquity. The police as a department had become a well established administrative institution during the Mauryan Empire.7

Modern Police SystemRespect for human rights lies at the heart of good governance. In a democratic society, it is the responsibility of the State to protect and promote human rights. All State institutions whether they are the police department, the army, the judiciary or civil administration have a duty to respect human rights, prevent human rights violations, and take active steps for the promotion of human rights8.The role of the police is especially significant in this respect. The police is charged with the responsibility of maintaining order and enforcing laws. Therefore, the onus of bringing those who break the law including laws which protect people’s human rights before the criminal justice system lies on the police. Unfortunately, many a time, while discharging this duty, actions of the police conflict with human rights. Police officers are pressured to get quick results, often with unofficial guarantees that they may use any means possible to accomplish the task at hand. However, the police as protectors of the law have both a legal duty and a moral obligation to uphold human rights standards and act strictly in accordance with the law and the spirit of our Constitution9.The Constitution - the Supreme Law of land - entitles everyone living in India to protection of their human rights. Part III, the chapter on Fundamental Rights, which is referred to as the heart of the Constitution, guarantees basic human rights to all. It pledges that the State will safeguard human rights and will protect citizens from undue invasions on their liberty, security and privacy. The Supreme Court has over the years, explained and elaborated the scope of Fundamental Rights. They have strongly opposed intrusions upon them by agents of the State, by asserting that the rights and dignity of individuals must always be upheld. The Court has laid down certain directives for law enforcement. These directives deal with various aspects of police work at the station house or cutting edge level, such as registration of a case,conduct of an investigation, carrying out of an arrest, treatment of an arrested person, grant of bail, questioning of a suspect, and protection of the rights of women, poor and the disadvantaged. They also have the force of law. An officer who wilfully or inadvertently ignores Supreme Court directives can be tried in court under relevant provisions of the Indian Penal Code and under the Contempt of Courts Act, 197110.The National Human Rights Commission too has issued guidelines for police officers. The Commission has been established under a Special Act of Parliament to protect and promote the human rights of all people living in India. The National Human Rights Commission addresses violations of human rights by recommending registration of criminal cases against the guilty, disciplinary action against errant officers, and payment of compensation to the victims. Because an overwhelming majority of complaints received by the National Human Rights Commission concern the police, the Commission has made it mandatory to report any case of custodial death or rape within 24 hours and to provide it with a video-film of the post-mortem examination11. The Commission has also issued guidelines to the police on encounter deaths, lie detector tests, arrest, and police-public relations. Guidelines of the National Human Rights Commission are increasingly being subject to positive interpretation by the courts. This means that officers accused of violating human rights may be called upon to explain

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why these guidelines were not followed.This compilation includes sixteen landmark judgments of the Supreme Court and four significant National Human Rights Commission guidelines dealing specifically with human rights and policing. While the directives/ guidelines mentioned here do comprise the core of the jurisprudence on human rights and policing, this is by no means an exhaustive list. The directives/ guidelines mentioned here lay out the correct procedure to be followed by Station House Officers in the conduct of their official duties. Nonadherence to these judgements/guidelines is taken to be a sign of malafide intention and breach of good faith. It also invites legal and disciplinary action against the officer concerned12.Human rights advocates as well as academics often argue that ‘good policing’ means policing in line with international human rights standards. Although this is no doubt true, it must be understood that international human rights standards offer only limited guidance for day-to-day police work. In fact, good police work can never be fully captured in rules and regulations, however numerous and detailed they might be. The necessary discretion required by police to carry out their functions presents problems for those human rights advocates preferring to have clear norms against which police behaviour can be measured. Many police find the reasoning of human rights advocates to be at best, and theoretical to say the least, reflecting a lack of understanding of their reality and placing an unrealistic burden on police work. Human rights advocates on the other hand say that police use this as an excuse to sidestep critiscim. Police and human rights are two domains that reflect differing perspectives on rights and security. Though the relations between the two fields may seem obvious, differences in fundamental frames of reference between the two may lead to major miscommunications. In this paper we will take a closer look at how the two domains relate to one another. We start by exploring the police as a professional group and policing as an activity13. Human RightsThe expression “human rights” denotes all those rights, which are inherent in our nature and without which we can not live as human beings. In other words, human rights being eternal part of the nature of human beings are essential for individuals to develop their personality, their human qualities, their intelligence, talent and conscience and to enable them to satisfy their spiritual and other higher needs. Further it is described that the rights, which are natural and inherent for the life and happiness of every individual, are called human rights. These rights are indispensable for the maintenance of human dignity and the individual enjoys these rights from birth to death. In fact human rights are the very essence of a meaningful life, and human dignity is the ultimate purpose of the Government.The purpose of securing human rights as such is to provide protection to these rights against the abuse of power committed by the organ of states; to establish institution for the promotion of living condition me of human beings and for the development of their personality, and at the same time, to provide effective remedial measures for obtaining redress when these rights are violated. Kare Vasak has aptly remarked that the human rights are essentially individual in character. They are meant to be enjoyed by individuals and they constitute a social phenomena by virtue of those for whom they are intended14.Police and condition of Human Rights in India

Despite an exhaustive list of precautionary measures provided to safeguard the interests of people, violation of their rights continue to be committed by the police everyday. The practical position on ground us quite different. The police has not been able to win the confidence of community at large. There has been continuous occurrence of police brutality and high handedness that has created an atmosphere of distrust and discord. Lately, the frequency of offences by the police has assumed alarming proportions. Sankar Sen, former Director General of Police (Investigations) who also worked with the National Human Rights Commission said in so many words that, “ despite all the precautions, it is unfortunate that the reports of police violence and brutality received from various parts of the country convey an impression that the police forces in our country are full of sadist and blood thirsty maniacs who relish the sight of broken skulls and blinded eyes”15

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Some of the infamous police actions are:-

1. Torture and violence under police custody: - Custodial violence in India existed since times immemorial. No period in the India history is bereft of this menace. It was understandable to a certain extent during progressive regimes of foreign rulers and the absolute kingships but responsible democracy would also compete to equal the past record is quite depressing. Unfortunately, even after independence, police has not changed its methods of investigation and control of crime. Police regularly resorts to more and more brutal techniques of investigation and extraction of confessions. Torture in police custody is a common feature. In fact torture of under trails by police dates back to the Vedic age. Kautilya’s Arthashastra speaks about various kinds of torture such as, “burning of limbs, tearing apart by wild animals, trampling upon by elephants and bulls, cutting of limbs and mutilation”16. Torture is considered to be the most dependable weapon of police to extract confession from the most hardened of criminals.2. Custodial deaths: - In India, on an average, 1000 deaths occur in police custody every year. Unreported cases of custodial deaths may be much more. The state of Uttar Pradesh and Bihar usually are at the top of the custodial death’s chart. Torture of detainees, both with criminal and political backgrounds, in police custody remains endemic despite the fact that there are clear-cut directions to the police not to employ third degree methods on the under trails, either to extorts information or confession, or for simply seeking revenge to settle some old personal scores17.3. Encounter Deaths: - Police in India has given birth to the concept of deaths in encounter battles it fights in ‘self-defence’, against person accused of being involved in criminals activities. It mean that the police confronts the criminal on a tip off from an informer or simply comes across them while on patrol duty and on being challenged they are fired upon. In the ensuing exchange of fire, the criminal get killed, often alone, as his accomplices manage to escape under the cover of darkness. It is feared\alleged that what actually happens is that the person suspected of being involved in a number of criminals cases gets acquitted through courts orders for want of sufficient witnesses. Or, in some cases, he gets out on bail and then starts his usual criminals activity again. When the police takes a hardened criminals into custody, his arrest is kept unregistered, and the police simply kills him in cold blood and later reports that the person was killed in some encounter and exchange of fire with them.18

4. Preventive arrest: - Throughout the history of independent India governments have felt obliged to formulate laws to deal with cases of heinous nature on the plea that ordinary laws cannot effectively tackle the situation. Whether it is the problem of Naxalites, insurgency or terrorism, government get specific laws passed by parliament supposedly to deal with such situations. Defence of India Rules (DIR) or Maintenance of Internal Security Act (MISA) or Prevention of terrorist Act (POTA) are laws made by the parliament from time to time to deal with situation19. Such laws are made tackle people who are involved in the anti-national activities, there are number of clauses that gives the police extra-ordinary powers to detain people for specific periods without being produced before magistrate. It creates immense scope for the police to act arbitrarily.Good policing involves respecting human rights and upholding the Rule of Law. This has been strongly emphasised by the Supreme Court and the National Human Rights Commission. As protectors of people rights, police officers are expected to display integrity, transparency, accountability and most of all respect for human dignity. Rule of Law requires that the police . an integral part of the criminal justice system must respect and uphold the rights and liberty of individuals.Sadly, despite democracy and freedom for over fifty years now, there still is a lot of distrust between the public and the police. People see the police as an authoritarian organization, removed from society, with little or no respect for the rights of the ordinary person. However, today we live in a democratic country and the police as a vital component of the State must operate according to democratic norms. Individual rights occupy a pride of place in our constitutional culture. Any encroachment upon them, whether it is non-registration of a First Information Report, launching a malicious investigation, illegally detaining suspected persons or their families, carrying out an improper arrest, using excessive force,

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or torturing suspects to extract confessions goes against the basic principles of democratic policing. Sharing information with the public, securing their cooperation in policing, and acknowledging that individuals have a right to privacy and security of their person are essential elements of democratic policing- the furtherance of which, is the aim of this compilation.In a democratic society, the police serve to protect, rather than impede, freedoms. The very purpose of the police is to provide a safe, orderly environment in which these freedoms can be exercised. A democratic police force is not concerned with people’s beliefs or associates, their movements or conformity to state ideology. It is not even primarily concerned with the enforcement of regulations or bureaucratic regimens.Instead, the police force of a democracy is concerned strictly with the preservation of safe communities and the application of criminal law equally to all people, without fear or favour. These are some most common complaints against the police in our country, which causes serious violation of the human rights related to life, liberty and dignity of its citizens, which is supposed to be safeguarded, by the police.

REFERENCES

1. Nickel, James. “Making Sense of Human Rights: Philosophical Reflections on the Universal Declaration of Human Rights”, Berkeley; University of California Press, 1987.

2. Sohan, Loius B, “The new International Law: Protection of the Rights of Individuals rather than States”, 32 Am.ul.Rev.1 (1982) reprinted in Thomas Buergenthal and Dinesh Shelton, pp.9-17.

3. Baehr, Peter R, “The Role of Human Rights in Foreign Policy”, Machmillan, London (1994)4. See laws promulgated in the reigns of Urukagina of Lagash (3260B.C), Sargon of Akkad (2300BC) and

Hammurabi of Babylon (1750 B.C).5. See Henle, S.J, “A catholic view of human rights: A thomistic reflection” in Alan S Reosenbaum, ‘The

philosophy of human rights, international perspectives’, (1980).6. See inaugural address of Justice PN Bhagwati, Supreme Court of India in the seminar on “Human Rights”.7. ibid.8. The original Carta was in Latin consist of 70 clauses.9. The Bill of Rights was officially entitled as an Act for declaring the rights and liberties of the subject and

for setting the succession of the crown. Charles II enacted it on the occasion of the accession of William of orange and Mary Stuart to the throne of England.

10. Sweden in 1809, Spain in 1812, Norway in 1814, Belgium in 1831, Denmark in 1849, Prussia in 1850 and Switzerland in 1874 made provision for the fundamental rights of man.

11. See Salmond on Jurisprudence, Eleventh edition (1957), pp 27-28.12. Sinha, S. Prakash “Human Rights philosophically”, IJIL Vol 18(1978), p. 153.13. Ibid, p. 155.14. Chandra, U, “Human Rights”, Allahabad Law Agency, Allahabad (2004).15. See Justice Sujata V Manohar, “Judiciary and Human Rights”, IJIL, Vol. 36, 1996, no 2, pp. 39-54, pp. 40-46.16. Another instance from the Emergency era is reported in Niyamavedi v. CBI (1999) 1 Ker LT 56, where the

confessions of a police officer who pulled the trigger in a fake encounter a quarter of a century ago reopened hitherto unresolved questions.

17. A.D.M.Jabalpur v. Shiv Kant Shukla (1976) 2 SCC 521.18. As witnessed in cases concerning bonded labour, undertrial prisoners including women in ‘protective’

custody, for instance, Bandhua Mukti Morcha v Union of India (1984) 3 SCC 161; Hussainara Khatoon v. Home Secretary, State of Bihar (1980) 1 SCC 81 et seq.

19. Encyclopedia Britannica. Vol. 18, p. 158.

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RATIONALE FOR PUBLIC EXPENDITURE ON HEALTH IN INDIA

Dr. Mohd. Shahid J. Ansari*

ABSTRACTIndia has registered an appreciable level of economic growth in the contemporary globalization era but health outcomes are not commensurate to her giant size and resources. The health status of India’s population is highly unfavorable vis-à-vis both the developed and developing countries. It has among the highest infant and maternal mortality ratio in the world. It is estimated that 3.3% of India’s population gets impoverished each year on account of illness. In such a scenario public expenditure on health becomes imperative. The present paper is a humble attempt in support of public spending on health in India. Present health scenario of India and importance of health in the development are prime concern. Theoretical as well as empirical bases for public spending on health are taken into study. Key-wordsHealth, Human Development, Human Resource Development, Demographic Dividend, MDGs, DALYs, SC, PHC, CHC, IMR, CMR, MMR, SPM, GlobalizationINTRODUCTIONAfter six decades of India’s independence and being a republic nation, we are credited to substantial achievements. We are recognized as the citizens of a ‘responsible nation’ among international community. Our economy of a trillion dollars has transformed from agrarian to the fastest developing economy of tertiary sector. Having second largest population of this planet, we have the potential to become an economic power-house. But it cannot be realized until we successfully meet the challenges before the nation. Highest number of the world’s poor, illiterate and under-nourished people is sheltered here. World’s third highest HIV infected persons and one-fifth TB patients inhabit here. One out of every nineteen children born dies before his first birthday. More than half of women are anaemic and maternal mortality is also very high at 212. Almost 20 percent of global maternal deaths occur in India. 330 lakh people get impoverished every year due to high out-of-pocket expenditure on health.

Health is prerequisite for the all-round development of a nation. Improvement in the health status directly contributes to human happiness and therefore, has an intrinsic value. Health is a basic component of human development, and hence determines society’s well-being. Health of the people has a deep impact on the process of development through creating human capital. It determines the average expectation of life, productive age bracket, production and productivity, earning capacity, employment, purchasing power and poverty prevailing in the economy. A highly advanced health scenario will ensure a sustainable supply of human resources that is instrumental in the production channel. It is a well-known fact that economic development is a function of labour, capital and natural resources. Among these inputs healthy and skilled workforce is the most active and instrumental factor in the determination of development level of an economy. Healthy and skilled workforce not only

*Assistant Professor of Economics, Daulat Ram College, University of Delhi.

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generates income and output but also presents a higher level of their demand.Role of Public ExpenditureTo ensure sustained supply of healthy human resource, public spending is inevitable for developing countries like India where more than one third of the population is living below the poverty line and another large proportion is not able to bear the costly private health services and facilities. Health outcomes are very poor in the international perspective and there are wide disparities prevalent in health facility and outcomes at all levels in the country- state, rural/urban, sex and class etc. Health as a vital public good and a basic human right urgently requires government involvement to correct the situation.

Public expenditure is particularly undertaken to fulfill those wants which the individuals in their capacity cannot satisfy on their own, due to lack of will and/or inability. The benefits of education, medical aid or low cost housing are so diffused that they cannot be captured without government intervention. Some other goods are so meritorious that the market mechanism cannot achieve optimal resource allocation. These merit goods efficiently provided through the public budget do not take into account consumer preferences. These goods include health, education, water supply, sanitation, housing etc. and they are considered not to be affected by the income of the individual concerned. Hence, provision of merit goods by the governments or community is more equitable in nature and ensures inclusive growth and distributive justice. Provision of health and other merit goods directly affects the targeted sections of the society (Bhargava, R.N. 1977). Rationale for Public Expenditure on Health in IndiaIndia is not only a country but a continent in itself in respect of human and natural resources. It is home to the second largest world population and the largest number of youth which has come to be referred to as ‘demographic dividend’. If these resources are not properly and efficiently appropriated, development potential cannot be fully realised and development would never be inclusive and sustainable. India’s rank is low on the measuring rod of human development index - a composite index constituting health, literacy and per capita income. This situation is prevailing since the last more than one decade and though the index has improved the rank has gone down further because other countries have performed better on the human development front. Human resource is a very special kind of input in the production channel as it is both a means as well as an end. Ever since human capital was identified as the residual factor in economic development by Denison, investments in health and education have become the focus of policy action. Acknowledgement of the significance of human resources by Schultz in his presidential address at the American Economic Association gave it respectability in academic circles. In the words of Nobel Laureate Amartya Sen, the objective of all economic activities is to maximize the welfare by enhancing entitlements to satisfy maximum needs. India has a plethora of labour and abundant natural resources; therefore, appropriate policy for progress is to develop human capital as first priority by making provision for health and education.

Gandhian and Rawlsian philosophy of welfare laid emphasis solely on the welfare of the last person. They have argued that the most vulnerable and destitute section should be benefited by the governments’ plans and programs and if they are benefited and their entitlements are augmented then it is improvement in the real sense. These sections should be benefited through the provision of health, education, housing, water supply and sanitation etc. Our constitution directs the state to make provision for child and maternity care in particular and public health in general (Das, B.K. 2003 and Basu, K. 2003).

Indian economy is at the crossroads. The development paradigm has changed. The Nehruvian path of socialist approach has yielded place to the liberal and neo-liberal approaches. ‘Globalization’ has been truly global in its impact and no sector has remained unaffected. The critical role of investment in social sector, particularly health and education, in our march towards economic growth with a human face needs to be underlined.

The service sector makes up more than half of India’s GDP and this sector is growing faster than agriculture and industry. India’s overall growth prospects will depend on this fastest emerging

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sector that is based primarily on human skills and requires more investment to generate human capital through health and education.

India having 16.5 percent of world population accounts for 20 percent burden of diseases of world total. To make the world free from diseases and to ensure a healthy environment for achieving Millennium Developments Goals(MDGs), India should especially be targeted. It is well known that three out of eight goals are directly health oriented and the remaining either indirectly affect health or are affected by health.

The Indian economy is an agrarian economy and about three quarters of population live in rural areas of acute shortages of health facilities. Average distance covered by rural people for hospitalization is 19 km. while this distance is only 2.2 km for urban people. Only 15 percent of health services reach the rural areas inhabited by 73 percent of the population. Further, these facilities are mostly in a defunct state. Therefore, patients are bound to move towards costly private health facilities. During last decade, private sector’s share of health services has increased from 60 percent to 80 percent.

India is home to the largest number of the poor of this planet who constitute about 37.2 percent of the population, with a vast disparity at states’/regions’ levels according to Tendulkar Panel. Nearly 400 million people are living in conditions of starvation and about the same number live a hand to mouth existence. They cannot avail of essential medical facilities without government assistance. Only a microscopic minority is in a position to face any eventuality (Tina Edwin. 2010).

The World Bank and WHO have conducted a joint exercise to compute the loss of man-days lost due to illness. The disability adjusted life years (DALYs) lost in 1990’s was estimated at 344 per thousand of population for India whereas the corresponding figure was 117 for established market economies and 178 for China.

National Commission on Macroeconomics and Health has estimated that 3.3 percent of India’s population (330 lakhs) is impoverished every year due to expenses on illness. The poorest 10 percent of population rely on sale of their assets or borrowings entailing intergenerational consequences. It becomes the moral responsibility of the government to bear this expenditure. However, the state has miserably failed to perform its duty towards its vulnerable citizens. According to a World Bank report, it is estimated that Indians spent nearly Rs. 84,600 crores out of pocket on health care expenses in the year 2004, amounting to 3.3 percent of India’s GDP for that year. If we consider only those who are working, the annual income loss to households associated with NCDs (Non Communicable Diseases) is estimated to be Rs.28,000 crores (Annual Report on Health, GOI,2010).

The health scenario in India is far from satisfactory. It is lagging far behind not only the advanced economies but also many developing and underdeveloped economies. There is inadequate provision of proper immunization, maternity and child care, emergency services and so on. 20 percent of health expenditure is borne by the government and remaining heavy burden of 80 percent is borne by people themselves. The case is just reverse in advanced economies like UK, France, Germany, Canada etc. (World Health Statistics, 2009).

Health is purely a merit good which generates positive externalities; it affects not only health status of the people but also working and learning capacities which impact on development. Lack of provision of health care to tackle contagious and communicable diseases affects other healthy persons of the society.

After independence central and state governments have taken initiatives to develop health infrastructure and training of health staff, paramedics and medical personnel, yet there is a large deficit and population burden is seen on health centres- Sub Centres/Primary Health Centres/Community Health Centres. Therefore, it is imperative to augment funds for the health sector (Rural Health Statistics, 2010).

Rural health infrastructure is not so developed and conducive to attract trained health personnel including paramedics to serve the needy persons in these areas. Neither do rural people have access to urban health centers. Nor can innovations like mobile health clinics and telemedicine, technologies which may be an effective alternative in the Indian perspective reach the affected persons. For this

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bare minimum, governments have to come to the forefront and resume the responsibilities to achieve their declared targets of 2020 and Millennium Development Goals to reduce infant mortality rate, child mortality rate, maternal mortality rate, malnutrition etc.

From the demographic point of view, India has to invest more on maternity and child care particularly, and overall health generally. It is a well-established fact that high IMR creates the scenario of uncertainty of survival of the new-born which is an important factor responsible for frequent pregnancies and child birth. This situation leads to population explosion and takes a toll on the mother’s health in terms of high maternal morbidity and mortality. In such a scenario of an already burdensome population, it will become a permanent bottleneck in the way of economic development.

From the security point of view, health is not only an individual matter in the era of globalization but it is a global phenomenon. Viruses, bacteria and other pathogens have never respected national borders. Globalization is eroding national borders and thereby creating new health challenges that pose a threat to national and global security. Frequent outbreaks of pandemics like SAARS and widespread prevalence of HIV/AIDS expose flaw in health system and undermine national security and diplomatic relations with the world community. Hence, to control the situation, world order should be developed in such a way that health for all must be ensured (Yuk-ping, C.L. and Thomas, N. 2010).

It is established that more than one-third of the diseases are caused by polluted environment. The suspended particulate matter (SPM) in the environment is responsible for life threatening diseases which can be successfully checked by the government and through cooperative actions. It requires regulating vehicular fuel norms and making rules and regulations for factories which are posing threats to the environment. There is a dire need to make provision of potable water, fresh air, housing and sanitation for the increasing as well as ever expanding population in urban centres particularly, and for overall population generally by the governments and public authorities.

In the international perspective, UN has declared a set of MDGs which target to reduce IMR, CMR, MMR, hunger, malnutrition etc. at global levels. These targets cannot be realized without targeting one-sixth global population inhabiting India. UN has to adopt a need-based approach and should facilitate Indian multi-layered governments and organizations in this regard.

There are wide inter-state/regional disparities on human development in terms of health, education and income. At one end of the spectrum, Kerala shines even among developed nations while Orissa and Bihar peer with Sub-Saharan countries. This exposes the flaws of our plans and policies based on ‘trickle-down theory’. The basis of earlier approach of development is per capita income which is itself a flawed parameter as it does not consider the distributive aspect of development. Without considering the distributive aspect, the entitlements cannot be enhanced to fulfill human needs. Therefore, a large investment is required to overhaul the health sector which will improve health outcomes and help India to achieve a higher rank in Human Development Index.

ConclusionIndia’s health condition is very poor in international perspective and to achieve MDGs, one-sixth of global population should be especially targeted. Its contribution to total disease burden at the world level is more than its population, i.e. one-fifth. Most of the diseases are curable but due to lack of health infrastructure and facilities the condition is very worrisome. Public expenditure is limited to only one-fifth of the total expenditure on health. So, the governments should come up to address this issue to harness the benefits of ‘demographic dividend’ and to lead India on the way of inclusive growth and sustainable development.

BIBLIOGRAPHYAhmad, Nighat (2009): ‘Inclusiveness in Health’, UPUEA Economic Journal, Vol.2, No. 2&3.Ahmad, Nighat and Ansari, M. Shahid (2007): ‘A Study of Inter-state Disparities in Health in India’, UPUEA

Economic Journal, 3rd Annual Conference, No. 3.

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Basu, K. (2003):‘Economic Ideas of AmartyaSen’, Economics of AmartyaSen, (eds.)Ajit Kr. Sinha and RajkumarSen, Deep and Deep Publication, New Delhi.

Bhargava, R.N. (1977): The Theory and Working of Union Finance in India,Chaitanya Publishing House, Allahabad.

Das, K.B. (2003): ‘Sensibility in Senology’,Economics of AmartyaSen,(eds.)Ajit Kr. Sinha and RajkumarSen, Deep and Deep Publication, New Delhi.

Dreze, Jean and Sen, Amartya (1999):Indian Development Selected Regional Perspectives, Oxford University Press, New Delhi.

Tina Edwin (2010): ‘Rural Poor Estimated at 42 Percent’ (Based on Tendulkar Report), The Economic Times, New Delhi, Dated 12.01.2010.

Yuk-ping, Catherine Lo and Thomas, Nicholas (2010): ‘How is Health a Security Issue? Politics, Responses and Issues’, Health Policy and Planning, A Journal on Health and Development, Vol. 25, No. 6, November, Oxford University Press, London.

GOI (2005): Report of the National Commission on Macro Economics and Health, Government of India.MOHFW (2010): To the People on Health-Annual Report-2010, Ministry of Health and Family Welfare,

Government of India, New Delhi.MOHFW(2010): Rural Health Statistics in India 2010, Ministry of Health and Family Welfare, Government

of India, New Delhi.UNDP (1996): Human Development Report, United Nations Development Programme, Oxford University

Press, New York.UNDP (2003): Human Development Report, United Nations Development Programme, Oxford University

Press, New York. UNDP(2005): The State of Human Development, Human Development Report, Oxford University Press, New

Delhi.UNDP (2008): Human Development Report, United Nations Development Programs, Oxford University Press,

New York.WHO (2001): Report of Commission on Macro Economics and Health, World Health Organization, Geneva,

Switzerland.WHO(2009): World Health Statistics; World Health Organization, Geneva, Switzerland.World Bank (1989): India, Poverty, Employment and Social Services, A World Bank Country Study, World

Bank, Washington D.C.World Bank(1991): World Development Report, Oxford University Press, New York.

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CRISIS IN THE HIGHER EDUCATION IN INDIA-ARE WE HEADING TOWARDS RIGHT DIRECTION?

Md Shahnawaz*

ABSTRACTThe dictums such as Aristotle’s “Education is the best provision for old age”, Francis Bacon’s “Knowledge is power”, Edward Bulwer-Lytton’s, “Pen is mightier than sword “and many others are well known. They unveil the fact that education is a tool by which we can change our life as well as the life of others. Higher Education plays a vital role in the overall development and growth of a country. It imparts in depth knowledge and understanding so as to expose the students to new frontiers of knowledge in different walks of life. Further, it is not only broadens the cerebral power of the Individual within a narrow specialization but also gives a wider perspective of the world around. India is now considered to be one of the most promising economies of the world. It is evident by the fact that India’s Higher Education system is third largest in the world after China and United States. Still there are some Issues and Impediment which needs immediate attention, for example, Poor Access, Girls Drop-Out in Higher Education, Commercialization,and Inadequate Infrastructure.etc.This paper is an attempt to discuss the Issues and Impediments in the Higher Education in India.Key Words. Poor Access, Caste based Reservation, Girls Drop-out in Higher Education, Commercialization, and Inadequate Infrastructure.INTRODUCTION:Education is most important for a nation or a society. Only a literate community, with a sizable chunk of educated people in its fold can flourish, prosper and develop in the modern world. It is said that a nation advances in proportion to education and intelligence spread among masses. Development of any country depends 20 per cent on natural resources, 16 per cent on infrastructure and 64 per cent on human resources. This calls for a high quality and well trained human resources from our education systems. Education is the foundation of the structure, which the society is. On the basis of this foundation only the future of a country or a nation is largely determined and its standard is destined by the standard of education its citizens are being imparted. (Chronicle 2010)India’s Higher Education system is third largest in the world after China and United States. The main governing body at the tertiary level is the University Grant Commission of India which enforces its standards, advises the government, and helps coordinate between the centre and the state. (India, 2009).Accreditation of Higher Education is overseen by 12 autonomous institution established by the University Grant Commission. (NIC, 2011). As India is a developing country and the dream of APJ Abdul Kalam (former president of India) is India become a developed country by 2020.But, the main challenge before the country in the new era is to become a developed society by the year 2020.Even after 63 years of independence, higher education is not accessible to the poorest and the people living in rural areas. In present scenario the rural children do not get the good quality of primary education.Objectives:

1. To review the higher education system in India.

*Senior Research Fellow, Department of Political Science, Aligarh Muslim University, Aligarh

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2. To assess the basic problems and crisis faced by higher education in India.3. To suggest some remedial measures for the improvement of higher in India.

Higher Education in India:A university is a place where new ideas germinate, strike roots and grow tall and sturdy. It is a unique space, which covers the entire universe of knowledge. It is a place where creative minds converge, interact with each other and construct visions of new realities. Established notions of truth are challenged in the pursuit of knowledge.Higher Education plays a vital role in the overall development and growth of a country. It imparts in depth knowledge and understanding so as to expose the students to new frontiers of knowledge in different walks of life. Further, it is not only broadens the cerebral power of the Individual within a narrow specialization but also gives a wider perspective of the world around. In the present day knowledge society where the world is highly competitive, it is only the higher education that provides qualified and trained human resources to keep pace with the fast changing world. (Singh, K.P & Ahmad, S.2011).It is on the record that the Government of India has been quite concerned to ensure progress in the growth of higher education as it is aware that knowledge society can be built on the fabric of higher education only. A good number of Commissions and Committees were set up by the Government of India to study the major concern / issues of the Indian higher education system and suggest ways and means to overcome them. A number of reports were tabled to the Government and some of the significant ones include University Education Commission (1948-49) under the chairmanship of Dr. Radhakrishanan; Education Commission Report (1964-66) under the chairmanship of Prof. Daulat Singh Kothari; National Policy on Education (1968); National Policy on Education (1986); Acharya Ramamurti Committee Report (1990); Programme of Action (1992); Report to the Nation: National Knowledge Commission (2005); Report of the Committee on Renovation and Rejuvenation of Higher Education (2009), etc. These Commissions and Committees have deeply studied the issues, challenges and problems of the Indian higher education system.Growth of Higher Education in India:There were 20 universities and 500 colleges at the time of independence. At present, there are 519 universities and university-level institutions-243 State Universities, 53 State Private Universities, 40 Central Universities, 130 Deemed Universities, 33 institutions of national importance established under acts of Parliament, five institutions established under various state legislations. There are 25,951 Colleges including around 2,565 Women Colleges. Out of 25,951 Colleges, 7,362 Colleges (28%) have been recognized under section 2(f) and 5,997, Colleges (23%) under section 12-B of the UGC Act, 1956.At the beginning of the academic year 2009-2010, the total number of students enrolled, in the formal system, in the Universities and Colleges has been reported as 136.42 lakhs-16.69 lakhs (12.24%) in University Departments and 119.73 lakhs (87.76%) in affiliated colleges. The enrolment of women students at the beginning of the academic year 2009-2010 is 56.49 lakhs which constitute 41.40% of the total enrolment. Of the total enrolment, 14.72% women have been enrolled in professional courses. The women enrollment as a percentage of total enrollment in states is highest in Goa (59%) and the lowest in Bihar (30%).In terms of absolute numbers of women enrollment, Uttar Pradesh tops the list of states with 8.00 lakhs, followed by Maharashtra (7.8 lakhs).The number of doctoral degrees (PhD only) awarded by various universities (during 2007-2008) was 13,237.Out of which, the faculties of sciences had the highest number with 4574 degrees, followed by the faculties of arts with 4405 degrees. These two faculties tighter accounted for 67% of the total number of doctoral degrees awarded. The regular faculty strength in universities was 0.90 lakhs (15%) and 4.98 lakhs (85% in Colleges, totaling 5.89 lakhs in the beginning of the 2009. (Praveena K.B & Srinivasan, KS, 2010)Issues and Impediments in Higher Education in India: According to the Academic Ranking of World Universities in the year 2008, about 8% of the universities of USA figured among the top 500 universities of the world. The corresponding figure were 26 for UK, six for Japan,8 for China,35 for Australia,4.5 for South Koria,50 for Singapore and lowest 0.5 for India. Out of the total of 388, only two Indian universities were included in the list of top 500 in

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the world that too at the lower ranks. These were Indian Institute of Sciences, Bangalore (301-400) and IIT Kharagpur (401-500).None of the Central Universities, which consume huge public funds, could find any place in the list, not even at the bottom.(Chauhan,C.P.S,2010)India has the lowest Enrolment ratio for higher education. Canada’s percentage is 87 per cent, Australia 80 per cent, Finland 74 per cent, New Zealand 63 per cent, Norway 62 per cent, Belgium 56 per cent, UK 52 per cent, France 51 per cent, China 15 per cent and in our country, it is just around 10 per cent. India is also one of the lowest in terms of number of universities as per population. USA’s population is about 28 crores and they have nearly 2500 universities; Germany’s population is 8 crores and they have 350 universities; UK’s population is Six Crores and they have 125 universities and in India whose population is 125 crores has about 350 universities. Several experts estimate that we must have at least 1000 universities more and the higher education enrolment ratio should be increased by 20 per cent in the next years to meet the challenges of country’s development. (Galgotia, 2011)There is a need for deep introspection by the academia on the origins and the extent of the crisis that the higher education system is going through and on its own role in exacerbating this crisis. This introspection would reveal that there has been a willing abdication on part of the academic community, of the autonomy which was available to it. Education was made subservient to ideological compulsions which led to its loss of respect. (Yashpal, 2009).Although, Indian higher education system is playing an important role in developing the Indian society as well as the economy. But there are some issues and impediments which are hampering the way of higher education, which are as follows1. Poor Access.Poor access is one of the major challenges before the Higher Education in India. The Gross Enrolment Rate (GER) measures the poor access level in India. For higher education GER has risen from 0.7 per cent in 1950-51 to 1.4 per cent in 1960-61, and 8 per cent in the early 2000.The current GER which is about 10 per cent stands very low when compared to the world average of 23.2 per cent, and an average of 54.6 per cent for developed countries, 36.3 per cent for countries in transition, and 11.3 per cent for developing countries. In view of the projected population in the age group of 18-23 years for 2011-12 which is 144.287 million, the access to higher education for all eligible in the country will be a major issue before the policy makers.2. Caste based Reservation.

The next challenge before the higher education in India is caste based reservation. This is a fact that, too overcome the deep rooted problem of social inequity, successive governments have introduced caste based reservations in higher education. At present the caste-based reservation is applicable in only government funded institutions, which includes institutions of excellence and amount to approximately 49 per cent of the total seats. Due to the caste based reservation, better talent coming from non-reserved category is deprived of the admission in good institution, which creates social unrest and used as a tool to make vote bank by the political parties.3. Over-Concentration on Traditional Education.In India most of the educational institution has been provided traditional type of education. According to the HRD Ministry of India total 11698 institutes are providing general education and only 5284 institutions are providing professional education. There are 2053 Medical institutes, 1274 Polytechnic Colleges, 2513 Management, Law and Agricultural Colleges and 1669 Teachers training colleges in India. But most of these institutes are located in Andhra Pradesh, Karnataka, Tamil Nadu, Maharashtra, Uttar Pradesh, Madhya Pradesh, and Rajasthan.(Shahnawaz &Raza,M.H,2011)Remaining other states has too much low facilities of higher education, professional, and technical education.4. Girls Drop-Out in Higher Education. During the first three five-year plans the government gave more emphasis on enrollment than on improvement of the quality of the education. Consequently, the majority of those who were enrolled in classes left the school. The teacher-student ratio was not so good and the quality of education was very bad, at that time “Pull” and “Push” factors have also played an important role in this context.

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5. Problem of Quality Education.

In an environment of global competitiveness it is more important that the products of the higher education institution of our country are as competent as graduate of any other country of the world but it is very unfortunate that Indian higher educational institutions suffer from large quality variation in so much so that a NASSCOM- Mac Kinsey Report 2005 has said that not more than 15 per cent of graduates of general education and 25-30 per cent of technical education are fit for employment. The various regulatory bodies regulating higher education have constituted an autonomous body for assessment and monitoring quality standards in the institutions under their purview. For example, National Assessment and Accreditation Council (NAAC) by UGC, National Board of Accreditation (NBA) by AICTE, Accreditation Board (AB) by ICAR, Distance Education Council (DEC) by NCTE etc. Though there exists an autonomous body for assessment and monitoring quality standards in the institutions of higher education they suffer from two major deficiencies. First, the quality norms of such councils are not comparable with international standards. Secondly, the enforcement process is not stringent. Besides this most of our Colleges and Universities are providing traditional courses and education programmes. Some programmes are necessary to maintain our moral and social values but not all. Hence there is an urgent need to change these types of courses and restructure educational programme in Indian college and university education.6. Commercialization.One of the adverse effects of Commercialization is that in our country education has become a commodity of business. Taking full advantage of the situation the clever businessmen abandoned their traditional businesses and started to invest in the education sector by opening new colleges and universities because they saw huge monetary returns for meager investment. They are in education just to make money not for any other sake. They give preference to their motive of earning maximum profits.7. Political Interference.Political interference is one of the biggest challenges before higher education in India. In many universities, political party based students’ unions are working. Some politicians want to exploit the feeling of the students through students union. Teachers, Vice-Chancellors and many other staff of the educational institutes are appointed by the influence of political leaders and parties. Hence, the quality of teaching as well as the administration of these institutes gets badly affected by the political parties and leaders. (Kapur, 1975)8. Inadequate Infrastructure.As we know that infrastructural facilities are most important part of learning process. But in India most of educational institutes belong to rural area and infrastructure of the rural areas institutes is in very bad condition. Most teachers in rural institutes are teaching by chalk and talk. When, we compare this system at the global scenario, we found that our educational system far away from the technological advancement in the education system. According to a study only 20 per cent of the institutions have the basic minimum laboratory equipment, sufficient books, journals and other facilities. Only few urban institutes have advanced technology and learning equipment.9. Medium of Instruction.In our Colleges and Universities medium of instruction is generally English, except in a few universities and colleges where the regional languages are being used as the medium in the under graduate classes. There is a school of thought who advocates that English should be replaced by regional languages as the medium of instruction at the university level as early as possible. The question has been engaging the attention of the universities and the government for some time. The UGC appointed a committee to study the problems likely to arise from a change in the medium of instruction, and its main recommendation was that the change from English to Indian languages as media should be preceded by an adequate preparation of teachers for the purpose and production of suitable textbooks and other literature needed in the various languages. It was further recommended that, when the regional languages is made the

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medium, English should continue to be a subject of study for all the students and care should be taken to see that the standard of English was maintained.(Prophets of Education,2009)10. Outdated Examination system.Examination system in Indian education is outdated in today’s dynamic world. Because this system is related to memorial capabilities of the students, this system can not focus on his/her creative and thinking abilities. Today it is very essential that, how the higher education can increase the creative abilities of the students. All college and university students have to appear for final examination designed to test what they have acquired over the years? The examination papers are set by external examiners and are mainly of the essay type. The external examination is considered essential for the maintenance of educational standard and is the only type of evaluation which has generally accepted among the Indian educationists. Thus the influence of the final public examination and the absence of tutorial work have tended to lay an excessive stress on the memory rather than on understanding and reflection.11. Unfavorable Attitude of the Government.The state has understanding that, the investment in the educational institutions is unproductive, therefore government does not invest much it may be due the reason that the return of educational investment are late.12. Mushrooming of Deemed and Private Universities.Mushrooming of deemed and private institutes is another threat to the higher education system in India. Actually the concept of deemed and private universities was proposed by the Radhakrishanan Commission (1948-49).From 1956 until 1995, there were only 36 deemed universities. Their number rose to 103 by February 2008.Indeed, between march1995 and March 2008 nearly 400 applications were filed seeking deemed university status. At the time of the freeze ordered by Honorable Mr. Kapil Sibal the total number of deemed universities stood at 127, of which the highest number, 29 is in Tamilnadu, Maharashtra has 21 and Karnataka 15.Many of these universities are a far cry from the original concept. (Frontline, 2009). The number of deemed and private universities is increasing day by day. Many private deemed universities are predominantly concerned about revenue generation rather than promoting academic and research activities.13. Out-Dated Curriculum. The syllabi of many universities reveal the extent of academic backwardness and mismatch between the demand and the content of the curriculum. They spell out subjects which are neither job-oriented nor self-employment oriented. When students enter the world of work, they are surprised that there is hardly any job for the course they have studied and eventually throng the abode of unemployment. (Ray, 2010)Remedial Measures

1. There is a need to introduce new and technical courses; some tailor made courses according to the market requirement should be introduced.

2. The government should not give permission for the establishment of traditional colleges and permit only those courses that are needful to nation building and development of society.

3. Caste based reservation should be removed from higher education and it should be based on socio-economic status.

4. The centre and state government should develop a separate infrastructural fund for educational institutes for providing better infrastructural facilities.

5. Dropout rate of girls in higher education should be given due attention.

6. Examination system needs to be changed and it should be based on practice and creativity.

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References

1. Chronicle Year Book (2010), Chronicle Publications,p.2562. Chauhan, C.P.S (2010) Are We Heading Towards World-Class Universities, University News-Special Issue,

Vol. 48(28) July23-24, 2010, AIU, New Delhi, pp.27-35.3. Frontline (2009), New Delhi, July2009, p.5.4. Galgotia, S. (2011) Education Ascent the Hindu, p.6.5. Higher Education (2011), National Informatics Center, Government of India., Retrieved on 10-01-2011

from http://www.education.nic.in/highdu.asp.6. India Country Summary of Higher Education World Bank. Http://siteresources.worldbank.org,Retrieved

on 10-01-2011.7. India (2009) A reference Annual (53rd Edition) p.237.8. Kapur,J.N.(1975) Current Issues in Higher Education in India, New Delhi, S Chand and Co. Pvt Ltd,p.49.9. Praveena, K.B& Srinivasan, K.S (2010), Privatization of Higher Education: problems and perspectives.

University News Vol. 48(49) Dec6-12, 2010, AIU, New Delhi, p.18.10. Prophets of Education (2009) (Vol-29) World Higher Education (UNESCO), New Delhi, Sarup Book

Publishers Pvt Limited, p.235.11. Ray, D.P (2010) Higher Education: New Challenges and Emerging Roles, University News, Vol.48 (28)

July 12-18, New Delhi, AIU, pp.72-75.12. Shahnawaz,M. & Raza, M.H (2011) Challenges Before Higher Education in India, Paper Presented in the

International Conference in Bangalore University, Bangalore, on 3-5 Feb, 2011.13. Singh, K.P. & Ahmad, A (2011) Higher Education In India: Major Concerns, University News, Vol.49 (29)

July 18-24, New Delhi, AIU, pp.1-5.14. Yashpal Committee (2009), Report of the Committee to Advise on Renovation and Rejuvenation of Higher

Education, Human Resource Development, New Delhi, p.49.1.

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LEGALITY OF ELECTRONIC CONTRACT IN INDIAN LEGAL ENVIRONMENT

Azmat Ali,*

ABSTRACTThe usage of e-contracts has increased exponentially in the recent time. The present article attempted to examine various dimensions and legality e-contract in Indian legal environment. The author attempts to highlights legality in formation of e-contract and examine the inadequacies of the information technology act, 2000.INTRODUCTION The Charles Babbage of England is considered as the father of modern computer who conceived an idea to develop computer in 19th century. (WWW) the World Wide Web has brought new opportunities that challenges to various people. The businesses utilize it for their benefit by expending their activities in physical space in reach of the potential customers. Thus contracting becomes a fundamental element in e-commerce world. The electronic contracting raises various new legal issues. General notion is that the internet has brought us in the third wave society, which is likely to make significant changes in the very foundation of every economy. Internet has offered tremendous information incentives in all fields. Internet has fascinated online execution of commercial transaction popularly called e-commerce. E-commerce transactions include buying and selling of goods and services on the internet. It results from numerous electronic contracts between the parties who are doing business. It refers to paperless exchange of business information using electronic data interchange the contracts on internet or the online contracts are also knows as human-less contracts. In this way, without the interposition of human interaction both the offeree and the offerror may assent to the agreement contemporaneously. The rules relating to the formation validity and enforcement of these contracts are contained in the enactment and the parties are bound to abide by the stipulations and negative covenants in that statue relating to the drafting of legal agreements. Chapter 3 of United Nations commission on international trade laws model law addresses the law relating to the formation of contract concluded electronically. It establishes that contract created by the exchange of data messages i.e. offer and acceptance of offer , being in the form of data messages, are enforceable and cannot be denied validity or enforceability on the sole ground that data messages were used for that purpose. 1) MEANING AND CONCEPT OF E-CONTRACT E-Commerce has become a part of our daily life because E-Commerce has popularized by superfluous technological advancement. E-Commerce means buying and selling goods and services through online consumer services on the internet. Generally, the ‘e’ word refers ‘electronic’, which is used as prefix in ‘commerce’. The effectiveness of E-Commerce depends on electronically made contracts. It is known as E-Contracts.

*Research Scholar, D/law,AMU,Aligarh

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According to Sir William Anson, a contract is a legally binding agreement between two or more persons by which rights are acquired by one or more to acts or forbearance on the part of the other or others.

It is made to assist people for formulating and implementing commercial contracts, E-Contract assists in drafting and negotiating successful contracts for policies within e-businesses. It provides an archetype contracts for the sale of products and supply of digital products and services to consumers as well as businesses1. Consequently, Electronic Contracts is a legally enforceable promises or set of promises that are concluded by electronic medium2. Similarly, an E-contract is a contract modelled, executed and enacted by a software system. Computer programs works automate business processes that govern by e-contracts. E-contracts can be mapped to inter-related programs, which have to be specified satisfy all the contract requirements. These programs are unable to handle complex relationships between parties to an e-contract. It is an electronic or digital contract agreement “drafted” and “signed” in an electronic form. An electronic agreement can be drafted in the same manner as a normal hard copy agreement is drafted E-contract is a contract modelled, specified, executed and deployed by a software system3. E-contracts are conceptually quite similar to traditional (paper based) commercial contracts. Vendors having presented their products, prices and terms, prospective buyers consider their options, negotiate prices and terms (where possible) then they place orders and make payments. After that, the vendors deliver the purchased products4.(2) FORMATION OF ELECTRONIC CONTRACTconventional law of contracts is not sufficient to address allThe issues are that arise in electronic contracts. Therefore, the Information Technology Act (IT Act) may solve some of the peculiar issues that arise in the formation and authentication of electronic contracts5.2.1) Essentials Of An Electronic ContractThe electronic contract requires the following necessary ingredients to the formation of E-contract..2.1.1) OfferIn the transactions (whether online or conventional), the offer is not made directly one-on-one. The consumer browses the goods and services, which is available on the merchant’s website and then chooses what he likes to purchase.Although, the offer is not made by website displaying the items for sale at a particular price, it is actually an invitation to offer and can be revoke at any time before the time of acceptance. The customer on placing the products in the virtual ‘basket’ or ‘shopping cart’ for payment therefore, makes the offer6. An offer is distinguished from an invitation to treat. In invitation to treat, a person holds himself out as ready to receive offers, which he may either accept or reject. This is not an offer but merely a preliminary communication in any negotiation. The display of goods with price tag attached, advertisement, and auction is to be considered as examples of invitation to treat. In the case of Eckhardt Marine GMBH v.Sheriff Mahkamah Tinggi Malaya & Ors7, The Court of Appeal held that the advertisement is an invitation to treat and the subsequent offer from the appellant created a binding contract.

2.1.2) AcceptanceWhen a valid offer is made, acceptance of offer is also to be made for the formation of a valid agreement. It is necessary that the acceptance must be made while the offer is still open. Section 2(b) the Contract Act states that when the person to whom the proposal is made signifies his assent thereto, the proposal is said to have been accepted. A proposal, when accepted, becomes a promise. The acceptance must be absolute and unqualified8. The acceptance is often undertaken by the business after the offer has been made by the consumer in connection with the invitation to offer. An offer may be revoked at any time until the acceptance is made.

Modes of acceptance for forming electronic contract2.1.2.1) E-mailThe communication of Offers and acceptances can be made entirely by e-mail, or can be combined with paper documents, faxes, telephonic discussions9 etc.2.1.2.2) Web Site Forms:The seller can offer goods or services (e.g. air tickets, software etc) on his website. The customer

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places an order by completing and transmitting the order form available on the website. The goods may be physically delivered later (e.g. in case of clothes, music CDs etc) or be immediately delivered electronically (e.g. e-tickets, software,mp3 10etc).2.1.2.3) Online Agreements:Users is need to accept an online agreement for avail the services e.g. clicking on “I accept” while installing software or clicking on “I agree” while signing up for an email account11.2.1.3)Lawful Consideration Any contract to be enforceable by law must have lawful consideration12. The consideration means each party of the contract must promise to do or give something for the other side in consideration. This element of exchange is known as consideration. Section 26 of the Contracts Act says that a contract without consideration is void. Consideration is an act, abstinence, or promise by a promisee or by any other person at the desire of a promisor. The consideration may be of three types as executory, executed and past consideration13. Therefore, if there is an auction site facilitates a contract between two parties where one person provides a pornographic movie as consideration for purchasing an mp3 player, such a contract is void14.

2.1.4) INTENTION TO CREATE LEGAL RELATIONSHIPAn agreement to be enforceable by law must be made with the intention to be legally bound. So for as, online contract is concerned, the existence of intent is normally automatic. However, an unclear or deceptive web site may probably deceive the consumer by making an unwanted contract. There is need to ensure that commercial web sites explicitly state the prices and terms of their digitalized services. The customer should be able to go through a sub-sequence of web pages detailing the terms and conditions of the transaction before making a purchase15. The EU Council Directive on E-Commerce says that the e-shop owner should take three steps in contractual process before concluding the contract, as they are offer, acceptance and acknowledgement of receipt. This will ensure that the acceptor knows that he is going to enter into a valid contract and there will be legal consequences when there is a breach16.

2.1.5) CAPACITY TO FORM CONTRACTAll agreements are contract if they are made by free consent of the parties competent to contract. Every person is competent if he is major, of sound mind and not disqualified from contracting by any of the existing law. As for as online contract is concerned, there is a possibility that minors may enter into commercial contracts. Generally, a contract made by a minor is void. In the case of Mohori Bibee v. Dhurmodas Ghose17, the Judicial Committee of the Privy Council held that all agreement entered into by the minors are void. Similarly, if a minor purchase goods online using his parent’s credit card, the minor or his next friend will be able to recover any money paid, even if the contract is discovered to be void. As a precautionary measure, the vendor should obtain as much information on the person clicking the “Accept” button as possible for evidentiary purposes. The vendor should also obtain specific information from the purchaser, such as his/her name, address, age, 18 etc. The only possibility for an e-business to enforce a contract entered into by a minor when the minor misrepresented or cheated the other about his age.3) INPORTANCE AND BENEFITS OF ELECTRONIC CONTRACT- The importance of electronic contracts is that it is much faster and convenient than the conventional (paper based) form of contract. Now days, Business firms are facing huge pressure to perform better, faster and cheaper services while maintaining high levels of guaranteed results. In this new world of collaborative commerce and collaborative sourcing a standard business, process is simply inadequate. The Conventional form of contracts using documents and all paper work are more time taking and seems expensive than the new electronic forms19. Electronic contract has affected the traditional roles and attitudes of sales and purchasing departments as well as lawyers. As there is an important component for trusted e-business in a global environment, E-contracting will reduce time to contract, improve the collaboration between the trading partners and reduce minimize financial and legal risk. In other words, E-contracting can not only protect contractual partners in electronic environment

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but also reduce time to contract and reduce process costs. It can also provide new opportunities on contract management, contract content re-use and contract monitoring. There are several benefits of e- contracting listed below as –

• E- Contract avoids errors from the contractual documents.• The contents of the previous document can be re used after closing it just by saving it as

drafts.• E- Contract reduces the time for the contract.• It provides machine-process able document.• It minimizes risks in a contractual agreement for ad hoc business relationships over public

networks (such as internet).• It also reduces the contract managing cost20.

4) KINDS OF E-CONTRACTThese are basic forms of E-contract following as1) The click –wrap or web-wrap agreements.2) The shrink wrap-agreements.3) The electronic data interchange (EDI)4.1) THE CLICK–WRAP OR WEB-WRAP AGREEMENTSA click-wrap agreement are those in which a party having gone through the terms and conditions provided on the website or in program has to be indicated his assent to the same either by way of clicking on an “I Agree” icon or decline the same by clicking “I disagree”. Such kind of contracts is extensively used on the Internet, whether it be granting of a permission to access a site or downloading of software or selling something by way of a website21. A buyer cannot use the software until he or she has clicked on the button accepting the terms and conditions of the agreement. Click-wrap agreements require buyer action to start use software but do not give guarantee cognizance of the agreement terms. Buyers give assent to the contract without even reading it to use the product. Buyers cannot negotiate and has to accept the terms as-is. Most courts find these agreements to be enforceable. There is no doubt that click-wrap agreements may be accepted without users actually reading or understanding contract terms when manifesting their assent22.4.2) SHRINK WRAP-AGREEMENTS. Shrink-wrap agreements have derived their name from the “shrink-wrap” packaging that contains the CD Rom of Software. The terms and conditions of accessing the particular software are printed on the shrink-wrap cover of the CD and the purchaser having gone through the same tears the cover to access the CD Rom. Sometimes additional terms are also imposed in such licenses, which appear on the screen when the CD is loaded to the computer. The user always has the option to return the software for full refund if the new terms find unreasonable23. Similarly, Courts are concerned about buyers actually receiving notice of the sale, consciously agreeing to the sale, and conditioning the sale on acceptance of the license24.4.3) ELECTRONIC DATA INTERCHANGE (EDI) The Electronic Data Interchange means the electronic communication between trading partners of structured business messages to common standards from computer application to computer application”. In other words, these are contracts used in trade transactions, which enables the transfer of data from one computer to another. In this way, each transaction in the trading cycle (for example, commencing from the receipt of an order from an overseas buyer, through the preparation and lodgement of export and other official documents, leading eventually to the shipment of the goods) can be processed virtually, no paperwork. In the other side, there is exchange of information and completion of contracts between two computers and not an individual and a computer25. The Electronic Data Interchange is the computer-to-computer transmission of information used by contracting commercial parties to send and receive standard forms generally purchase orders and invoices. Parties agree on the standardized terms of the transaction and transactions quotes and

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automatic responses to them. Purchase orders are one of the most common uses of EDI. For example, Wal-Mart, a large retailer, uses EDI repeatedly order large quantities of consumer goods for its thousands of stores. EDI enables the ordering and invoicing of these goods between computer systems. Contract offer, acceptance, and assent occur automatically26.

5 ) E - C O N T R A C T A N D I N F O R M AT I O N T E C H N O L O G Y A C T, 2 0 0 0 2 7 Indian law provides for the authentication of electronic records by affixing a digital signature. The law provides the use of an asymmetric crypto system and hash function and recommends standards to be adhered.

Chapter IV of the Information Technology Act, 2000 contains sections 11, 12 and 13 and is titled Attribution, Acknowledgment and Dispatch ofElectronic Records.Attribution of Electronic RecordsAccording to section 11 of the IT Act11. An electronic record shall be attributed to the originator—(a) if it was sent by the originator himself;(b) by a person who had the authority to act on behalf of the originator in respect of that electronic record; or(c) by an information system programmed by or on behalf of the originator to operate automatically.According to section 2(1)(za) of the IT Act, originator is a person who:1. sends, generates, stores or transmits any electronic message or2. causes any electronic message to be sent, generated, stored or transmitted to any other person.The term originator does not include an intermediary.Acknowledgment of ReceiptAccording to section 12(1) of the IT ActWhere the originator has not agreed with the addressee that the acknowledgment of receipt of electronic record be given in a particular form or by a particular method, an acknowledgment may be given by—(a) any communication by the addressee, automated orotherwise; or(b) any conduct of the addressee, sufficient to indicate to the originator that the electronic record has been received.According to section 12(2) of the IT ActWhere the originator has stipulated that the electronic record shall be binding only on receipt of an acknowledgment of such electronic record by him, then unless acknowledgment has been so received, the electronic record shall be deemed to have been never sent by the originator.According to section 12(3) of the IT ActWhere the originator has not stipulated that the electronicrecord shall be binding only on receipt of such acknowledgment, and the acknowledgment has not been received by the originator within the time specified or agreed or, if no time has been specified or agreed to within a reasonable time, then the originator may give notice to the addressee stating that no acknowledgment has been received by him and specifying a reasonable time by which the acknowledgment must be received by him and if no acknowledgment is received within the aforesaid time limit he may after giving notice to the addressee, treat the electronic record as though it has never been sent.Time and place of dispatch and receiptAccording to section 13(1) of the IT ActSave as otherwise agreed to between the originator and the addressee, the dispatch of an electronic record occurs when it enters a computer resource outside the control of the originator.According to section 13(2) of the IT ActSave as otherwise agreed between the originator and the addressee, the time of receipt of an electronic

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record shall be determined as follows, namely:—(a) If the addressee has designated a computer resource for the purpose of receiving electronic records,—(i) Receipt occurs at the time when the electronic record enters the designated computer resource;Or(ii) If the electronic record is sent to a computer resource of the addressee that is not the designated computer resource, receipt occurs at the time when the addressee retrieves the electronic record;(b) If the addressee has not designated a computer resource along with specified timings, if any, receipt occurs when the electronic record enters the computer resource of the addressee.According to section 13(3) of the IT ActSave as otherwise agreed to between the originator and the addressee, an electronic record is deemed to be dispatched at the place where the originator has his place of business, and is deemed to be received at the place where the addressee has his place of business.. According to section 13(4) of the IT ActThe provisions of sub-section (2) shall apply notwithstanding that; the place where the computer resource is located may be different from the place where the electronic record is deemed to have been received under sub-section (3).According to section 13(5) of the IT ActFor the purposes of this section,—(a) If the originator or the addressee has more than one place of business, the principal place of business, shall be the place of business;(b) If the originator or the addressee does not have a place of business, his usual place of residence shall be deemed the place of business;(c) “Usual place of residence”, in relation to a body corporate, means the place where it is registered.

CONCLUTION It may be said that electronic contracts are quite similar to the hardcopy contract. All electronic contracts are valid as legalised by the information technology act and one could be liable if there is any infringement with the terms and conditions. When contracts are formed online without human interaction, there is possibility of facing new problems and grievances. The contract formation issues are usually arisen when one purchases goods or services online.

E-contract is a contractual agreement, represented in digital information and signed with electronic signature of the parties. E-contract helps in drafting and negotiating successful contracts for consumer and business e-commerce as well as related services. It is designed to assist people in formulating and implementing commercial contractual policies within e-businesses. It contains model contracts for the sale of products and supply of digital products and services to both consumers and businesses. The e-contracts have their own merits and demerits. On one hand the reduce costs, save time, reducing paper work, hence increasing automation. E-Commerce is expected to improve the productivity and competitiveness of participating business by providing unprecedented access to an online global market and place with millions of customers as well as thousands of products and services. On the other hand, in Electronic Contract, the proposal focus not on humans who make decisions on specific transactions, but on now risk should be structured in an automated environment. Although e-contracts are legalized in, India by information technology act, 2000 (as amended in 2008) but still majority feels insecure while dealing online. This is due to the felling of insecurity amongst consumers while dealing online. Electronic contracts are almost same as other hand copy contracts as for as evidentiary value is concerned.

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(Endnotes)

1 Raina,Kapil“Evidentiary Value Of E-Contracts” visted at http://www.legalserviceindia.com/article/l127-E-Contracts.html, [email protected]

2 Jawahitha,Sarabdeen & Hamid ,Noor Raihan ab,” electronic contract and the legal environment”,www.irfd.org/events/ wf2003/papers_global/r38.pdf

3 “Electronic Contracts- A Basic Understanding” http://www.lexvidhi.com/article- details/electronic- contracts-a-basic-understanding-41.html

4 Khandelwal, Rishabh, “understanding e –contracts and its impacts” visited at http://accessindia.org.in/pipermail/accessindia_accessindia.org.in/2009-july/028297.html,email at mukesh.jain57 at gmail.com

5 Nagpal, Rohas, “Ecommerce - Legal Issues” pub. Asian School of Cyber Laws ,visted at www.asianlaws.orglibrarycyber-lawselectronic-contracts.pdf

6 ibid7 [2001] 3 CLJ 8648 Jawahitha, Sarabdeen & Hamid, Noor Raihan Ab,” electronic contract and the legal environment”,www.irfd.

org/events/wf2003/papers_global/r38.pdf9 Nagpal, Rohas, “Ecommerce - Legal Issues” pub. Asian School of Cyber Laws ,visted at www.asianlaws.

orglibrarycyber-lawselectronic-contracts.pdf10 ibid11 ibid12 ibid13 Jawahitha, Sarabdeen & Hamid, Noor Raihan Ab,” electronic contract and the legal environment”,www.irfd.

org/events/wf2003/papers_global/r38.pdf14 Nagpal, Rohas, “Ecommerce - Legal Issues” pub. Asian School of Cyber Laws ,visted at www.asianlaws.

orglibrarycyber-lawselectronic-contracts.pdf15 Jawahitha, Sarabdeen & Hamid, Noor Raihan Ab,” electronic contract and the legal environment”,www.irfd.

org/events/wf2003/papers_global/r38.pdf16 ibid17 (1903) 30 Cal 539; 30 1 a114, PC (India)18 Jawahitha, Sarabdeen & Hamid, Noor Raihan Ab,” electronic contract and the legal environment”,www.irfd.

org/events/wf2003/papers_global/r38.pdf19 Xu, Lai and Vrieze, Poul de,”E-contracting challenges”(2005) CSIRO ICT centre Australia20 ibide21 “Electronic Contracts- A Basic Understanding” http://www.lexvidhi.com/article-details/electronic-contracts-a-

basic-understanding-41.html22 Khandelwal, Rishabh “Understanding E –Contracts And Its Impacts” visited at http://accessindia.org.in/

pipermail/accessindia_accessindia.org.in/2009-July/028297.html,Email at mukesh.jain57 at gmail.com23 ibid24 Supra note.2225 “Electronic Contracts- A Basic Understanding” http://www.lexvidhi.com/article-details/electronic-contracts-

a-basic-understanding-41.html26 Khandelwal ,Rishabh “Understanding E –Contracts And Its Impacts” visited at http://accessindia.org.in/piper-

mail/accessindia_accessindia.org.in/2009-July/028297.html,Email at mukesh.jain57 at gmail.com27 Nagpal, Rohas, “Ecommerce - Legal Issues” pub. Asian School of Cyber Laws ,visted at www.asianlaws.

orglibrarycyber-lawselectronic-contracts.pdf

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DIVERSIFICATION OF AGRICULTURE AND STATUS OF MALNUTRITION AMONG

MARGINAL FARM FAMILIES IN U. S. NAGAR OF UTTARANCHAL STATE

Dr. Kusum Lata*

ABSTRACTEven though self sufficiency of food production has been achieved, the population still lacks access to balanced food. The subjects of marginal farm under study were observed to have per capita intake of cereals near to recommended quantities. However, consumption of pulses, vegetables and milk was found far below the requirements which led to various types of malnutrition. 36.12 percent subjects suffered from chronic energy deficiency, 21.63 per cent from low weight and 11.76 per cent from obesity of grade II. INTRODUCTION Poverty is one of the greatest enemies of our country. About 36 per cent of the population still lives below poverty line. The attainment of food security is going to be the biggest challenge for the country in the future. In India about 53 per cent of farmers are marginal having cultivated land up to one ha. The attainment of food security on such farms would also be a great problem. Such farms are also characterized by low productivity of crops and low level of farm income which in turn affects level of consumption of foods and nutritional status. Diversification of agriculture is being advocated as an effective ways of raising farm income specially of marginal and small farms. In view of these facts, it was considered pertinent to examine the degree of diversification of agriculture and its effect on availability of foods and level of farm income, level of consumption of various foods and prevalence of malnutrition among family members of marginal farms in U. S. Nagar district of Uttaranchal. MATERIALS AND METHODS The present study was conducted in Rudrapur block of U.S. Nagar, district of Uttaranchal. From Rudrapur block, 4 villages were selected randomly. 50 marginal farmers from all the four villages were selected in probability proportional to their numbers. The study pertained to the year 2002 – 03. ANALYTICAL TOOLS

Ain

1i

AiPi

=∑

=

Where, Pi = proportion of income of ith crop or milch animals in the total farm income Ai = net income from ith crop or milch animals in total farm incomeTotal net income generated by all crops and milch animals were calculated using the formula :

Ain

1i=∑

*Assistant Professor, School of Nutrition, Food Science and Technology College of Agriculture, Hawassa University

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where, i = 1, 2------------nn = number of crops and milch animals

For determining degree of diversification of agricultural production, Composite Entropy Index (CEI) in revenue form was computed using following formula.

The composite entropy index was calculated by using following formula :

−=∑=

n11Pi nlog

n

1iC.E.I.

The value of C.E.I. increases with increase in numbers of crops and milch animals and ranges between 0-1. For calculating net farm income, per capita per day availability of various foods, descriptive statistics like average, percentage were used. The various types of malnutrition among subjects were determined by computing body mass index (BMI). From view point of malnutrition, subjects were categorized as chronic energy deficient grade I (mild), grade II (moderate), grade III (severe), normal, obese grade I, obese grade II. RESULTS AND DISCUSSION DEGREE OF DIVERSIFICATION OF AGRICULTURAL PRODUCTION AND LEVEL OF FARM INCOME ON VARIOUS SIZE OF MARGINAL FARMS Results related to diversification coefficient and magnitude of farm income has been presented in Table 1. Depending upon the cultivated area possessed by marginal farmers, they were classified in to four classes i.e. farmers having cultivated land as 0.40, 0.60, 0.80 and 1.0 ha, respectively. The overall size of farm was 0.736 ha. A perusal of Table 1 indicated that degree of diversification did not bear any trend of relationship with size of cultivated land. The highest diversification of production was observed of farm on 0.80 ha and minimum at 0.40 ha size of farm as indicated by the value of diversification coefficients. Farmers derived farm income from two sources i.e. crops and milch animals. The contribution of milch animals in total farm income ranged between 11.35 and 25.22 per cent. Thus, mixed farming was a dominant feature of marginal farms. Being small size of holding, farmers did not get employment throughout the year on the farm, hence farmers earned non farm income through wages, services pettyshop etc. More than 50 per cent of the total income was derived through non farm income sources on all size of farms except one hectare size. The farm income varied between Rs. 21463 and 46543 and non farm income between 31650 and 50310 on various sizes of marginal farms. PER CAPITA/DAY INTAKE OF IMPORTANT FOOD MATERIALS AND DEVIATION FROM RECOMMENDED QUANTITIES BY ICMR The average size of family in term of adult units, per capita per day income and per capita actual food intake on various sizes of marginal farms have been presented in Table 2. As in evident from Table 2, the size of family varied between 4.75 and 6 units. The overall family size was 5.26. Per capita per day income ranged between Rs. 30 and 54. The minimum per capita per day income was Rs. 30 on the farm size of 0.40 ha while maximum of Rs. 54 was found on farm size of 0.8 ha. However, the overall per capita per day income observed was Rs. 39. Infact, per capita per day income did not show any definite relationship with size of farm. An analysis of food intake indicated that, the consumption of cereals was more than 95 per cent of the recommended quantity on farm of 0.80 and 1 ha while it was upto 95 per cent on the remaining two categories i.e. 0.40 and 0.6 ha. Thus, the cereal intake by the subjects was near to recommended quantities. The consumption level of pulses and vegetables on all the categories of farm was quite low. Consumption of pulses ranged between 25.13 g and 29.29 g as against recommended quantity of 60 g. Similarly consumption of vegetables was also found quite low ranging between 64.38 g and 88.02 g. Thus, status of vegetable consumption was much disappointing compared to pulses. The consumption of milk was found to be better compared to pulses and vegetables. It happened because

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most of the sample farmers had maintained milch cows or buffaloes. However, the overall result indicated that subjects under study were deficient in the matter of pulses, vegetables and milk consumption. Anyhow, the status of cereal consumption was comfortable compared to intake of other three food materials. STATUS OF MALNUTRITION AMONG SUBJECTS OF MARGINAL FARM FAMILIES The problem of malnutrition among the subjects of study was identified in the form of chronic energy deficiency, low weight and obesity. The result pertaining to these aspects have been given in Table 3. Table 3 reveals that 10.23 per cent subjects were suffering from severe chronic energy deficiency while percentage of subjects suffering from mild CED was 6.19. About 19.7 per cent subjects suffered from mild CED. Thus, of the total subjects under study, 36.12 per cent were observed to suffer from various types of chronic energy deficiency. The problem of low weight was found in 21.63 per cent subjects. Obesity was also found in the subjects and around 50 per cent subjects were affected from this malady. Table 3 : Percentage of subjects suffering from various types of malnutrition

Types of malnutrition Percentage of subjects Chronic energy deficient grade-I (mild) CED-I) 19.70

CED grade-II (moderate) 6.19CED grade III (severe) 10.23Low body weight but normal 21.63Normal 92.14Obese grade-I 38.74Obese grade-II 11.76

REFERENCES ICMR. 1990. Nutritional requirements recommended dietary allowances for Indians. Hyderabad National

Institute of Nutrition. p 83 . Haque, T. 1995. Regional trends of pattern of diversification of the rural economy in India. Indian Journal of

Agril. Economics. 40 (3) : 291 – 297. Saleth, R. M. 1997. Diversification strategy for small farmers and landless : some evidence from Tamil Nadu.

Indian Journal of Agricultural Economics. 52 (1) : 73 – 86. Department of Agricultural Economics, C. S. Azad University of Agriculture and Technology, Kanpur 1996.

Study on diversification of Agriculture in district Farrukhabad. Uttar Pradesh : An Economic Analysis.

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FACTS AND FICTION: HOW CLOSE AND HOW FAR? A BRIEF STUDY OF SELECT NOVELS BY

AMITAV GHOSH

Dr. Nazia Hasan*

History has been a compelling and motivating force in the writings of Indian English fiction. Though, the subject matter of the earlier writers may not be termed as history, but they did depict the social and political scenario of their times. However, later those very issues and events became part of our history. Historical themes come naturally to most of the writers because past can always be drawn upon to explain the present. When we do it consciously, it becomes a post-colonial move in today’s terminology. The seminal work of Raja Rao, Kanthapura took lead as a historical novel and soon became a beacon of light and direction for major novels like Waiting for the Mahatma, Inquilab, Azadi, Train to Pakistan, Midnight’s Children, The Shadow Lines and many more. What is common to all these novels spanning a period of around fifty years is their reflection of history. Meenakshi Mukherji, very accurately describes the early novels written in India as “narratives of resistance” (1974:36) to the experience of colonisation and slavery in so many forms. In its evolutionary period, the Indian novel found features of history and national movement seeping quite naturally and imperceptibly in the thematic fabric. These novels show that use of history was not only ardent but also extensive. Most of the times, its use assumes a a significance beyond mere factuality. Rather, authors fictionalize facts to create a beautiful confluence of history, myths, philosophy and metaphysics. The present paper looks at the rich oeuvoir of Amitav Ghosh’s fictions in the light of history. He adds Anthropology, Geography and Economics as well, bringing his tales and telling closer to life and its reality; that too in a distinguished manner. His is an ingenious experiment, being artistically richer as well. It becomes more of a motif, a metaphor, a centre than just a background or an outline with writers like Rao, Rushdie, Ghosh, Tharoor and Qurraitulain Hyder. Most of these writers are found to be confiding in history consciously or unconsciously, making it a perennial and celebrated theme. Amitav Ghosh’s works intimately relate to history. The sweeping changes brought by New Historicism find a direct reflection in his fictions, telling of facts of the bygone eras in a humane mode, looking at the unseen aspects, going beyond the mainstream. He rejects the meta-narratives to relish the small details which make any life worth living and recording. His multiple variances and playful manner of subverting the official version of history with a seriously scholarly keenness make his writings interesting and incisive. The Circle of Reason, The Shadow Lines,The Glass Palace and most of the others present history as a collective memory, gathering past and present in a symbiotic fashion. He never encapsulates the facts rigidly, rather lets them flow to find shape in the patterns of time, fictionalized yet retaining their strengths of truth. In his craft, it becomes more of a continuous process, fashioned by a transformed view and marked by a constant change.Amitav Ghosh reinforces the legacy of post-colonial fiction in his peculiar treatment of history. His works emphasize upon the need to revise and relocate history in the present context. His vision, as reflected in his writings, stand in close proximity to the views of the renowned historian and philosopher, Edward H. Carr who defines history as a “continuous process of interaction between the historian and

*Women’s College, AMU.

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his facts, an unending dialogue between the present and the past” (1962: 12). History is thus, a bridge joining the society of today and that of yesterday. It is not an abstract and isolated body of knowledge. Past makes sense to us only in the light of the present, having an important role to play I helping our observation and understanding of the present.The seminal novel entitled The Circle of Reason (1986) is an attempt to trace the history of a young, newly independent nation like India. It does not claim to provide a case history or to recapitulate the saga of bygone times directly. But some important parts of Indian history have been hinted to; as the early reactions to Western sciences, the unknown village traders, craftsmen, silk weavers from Bengal and Kerala making their way to the illustrated parts of the world, their contribution in making India known for its hidden wealth, the separation of Bangladesh as a nation and its bloody aftermath are some important events that the book talks about. The central character, young Alu’s escape from one place to other in search of security and the ever elusive home adds a tragic lilt to the story. Ghosh proves it true that history is a trajectory of events that causes “dislocations, disjunctions, movements and migrations which eventually replace solid markers with the shadow lines and destabilize our notions of the past in the reverberations of the present” (2003: 15). The protagonist’s embarking on a new journey ‘Towards the West’, after a long winding sojourn through Bengal, Kerala, Al Oued and others replicates the same. Colonisation worked as a force of moving populations from one place to another for various reasons as Sea of Poppies depicts so tenderly. Ila and Thamma in The Shadow Lines (1988) are in the same league of moving populations even after years of the long awaited independence. They are victims of displaced, divided, partitioned and globalised diaspora lives. Their very beings are deeply overshadowed by the 1971 partition of east Bengal, the wars with China and Pakistan, the very close riots of 1964 and 1984 so much so that even an ‘escape’ to the power-packed colourful West, i.e London, does not find them salvation. That land of worldly riches and English dreams also bears the unforgettable wounds of world wars. The novel makes a significant statement on the meaning of ‘political freedom’, nationalism, migration and dislocation of people; all ravaged by the moves and turns of history and history in the making. It also shows how man indeed is ‘handcuffed to history’ (1995: 09) as claimed by Saleem Sinai.The other two novels are post-colonial renderings in the ‘empire writing back’ mode. The cyber novel, The Calcutta Chromosome (1995) takes the Eurocentric dualisms set up by the west between science and mysticism which incited the Edward Saidian revolt in Orientalism. India and the East taken as just the Other, the exotic Orient without mind or conscience, was not just unfair on the Western part but they also lost on it. As Tabish Khair points out the failure of ‘say Roland Ross, the state scientist or D.D. Cunningham to discover the Calcutta chromosome and the ability of Mangala-Lakhan, the native savages to do so, stems from the failure of the colonisers’ concept of rationality in comprehending the colonial subaltern…’ (2001:307). It is a discursive defeat and an index of alienation on the Occidents’ part. In a way, Ghosh tries to restore a history to the Orient, the long suppressed subaltern at both national and international levels.Ghosh performs the same responsibility in In an Antique Land (1994), of restoring historicity to the Egyptian Fellah people and the Indian coastal life. He shows how they were in a closer relationship in the 11th century and have seen better days as friends than they do today. Western colonialism impending on both of these rich lands played havoc, damaging not only the economic, political life but also severed the cordial links binding the oldest of the two civilizations. Their natural umbilical cord was torn in the vested acts of European explorers and traders between the two mystical and mysterious places. They tampered with their history itself by emptying the Egyptian Genizas’ religious and scholarly writings and records. What Ranajit Guha called ‘dominance within hegemony’ proved true for this earliest of civilizations. Both of these two cultures, two religions and communities which flowered together before the fall of ‘colonialism’ upon them, have been made to drift apart in indifference to such an extent that the past seems a lie, an impossibility- erasing a large chunk of its history. Today few know the ‘vanished’ truth of relationship centuries ago. Thus, colonialism came as a jolt, a sandstorm setting curtains of anonymity on a particular phase of

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our shared history. Ghosh tries to lift out that dense and dark mask in a glaring world of indifference around. He writes, ‘the remains of those small indistinguishable, intertwined histories, Indian and Egyptian, Muslim and Jewish, Hindu and Muslim, had been partitioned long ago’ (IAAL: 399), unfortunately this partitioning had achieved unexpected success. Ghosh’s endeavour in relocating a lost archive is simply daring because few care about such forgotten parts of history. He knows the repercussion of popular discourses which get wider audience day by day. But Ghosh writes with hope that all these discourses and narratives, these findings and revelations may be accredited somewhere in the future. He re-conceptualizes the very process of remembering the past and there is an implicit emphasis on a friendlier and frontier-less world. His books hint at a world where secular, harmonious life is possible as was there in the 13th century when the same religions, customs and communities defined people across the oceans. The past can be helpful in understanding and improving our present. All these features make In an Antique Land a unique and vital attempt towards the documentation of South Asian history and the discovery of anew history, a new world.The Glass Palace (2000) deals with the burden of the colonial past that keeps the whole Indian subcontinent heaving even today; and how a migrant post-colonial generation is weighed down by it. The Shadow Lines’ narrator here comes back in the persona of Jaya, the granddaughter of the protagonist. The novel sensitively talks about people displaced and dislocated by the march of history. It reinforces such people’s efforts to collect bits of their fractured pasts to gain a lost legacy, an identity. The Glass Palace witnesses the tempest of colonialism and how it leveled all with its force. The monarchs were deported, the common people enslaved and dislocated- a hopeless world, a radar-less periphery became their destiny. But the struggle for survival can change the course of history; any spectator will approve that. Ghosh’s fiction provides a more convincing history, and perhaps South East Asia never got such an incisively historical treatment I any other fictional writing. No doubt, Ghosh turned down the Commonwealth Writers’ Prize of 2001 for this novel which questions the very concept of a third world!The Hungry Tide (2004) is another novel standing for Ghosh’s concern for the individual against a broader historical and geographical backdrop. It is set in the Sunderban, one of the largest mangroves of the world, stretching across coastal India and Bangladesh. It makes the natural habitat of the Bengal tigers and the Gangetic dolphins. But as a stroke of Colonisation, the land parts are also shared by the deported human society. It leads to confrontations between local populace and the natural habitats, making a part of the history behind this novel. The tides’ constant attack upon he land uproots everything aiming at permanence even of a foreign government! Ghosh takes it as a symbol for the ebb and flow of history. The characters Piya, Nirmal, Nilima, Fokir and all others are ‘unhistorical’ individuals but they exhibit a capacity to change lives and views. Thus, the novel boasts of a revolution ‘from below’, standing for the subaltern power and consciousness. Once again, Ghosh ripples the waves of official history in The Hungry Tide.Conclusively, we find that each of the novel by Ghosh depicts his deepening love and passion for unravelling facts. He brings out the hidden and suppressed histories in the garb of fiction, proving that reality indeed is stranger than fiction!

REFERENCES:1. Bose, Brinda. Amitav Ghosh: Critical Perspectives, Delhi: Pencraft International, 2003.2. Carr, Edward H. What is History? The George Macaulay Trevelyan Lectures, London: Macmillan and

Co. Ltd, 1962.3. Ghosh, Amitav. In an Antique Land, Delhi: Ravi Dayal, 1992.4. Ghosh, Amitav. The Circle of Reason, Delhi: Ravi Dayal, 1986.5. Ghosh, Amitav. The Glass Palace, Delhi: Ravi Dayal, 2000.6. Ghosh, Amitav. The Hungry Tide, London: Harper Collins, 2004.7. Ghosh, Amitav. The Shadow Lines, Delhi: Ravi Dayal, 1988.

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8. Guha, Ranajit. ‘Dominance within hegemony and its historiography’, Subaltern Studies: Writings on south Asian History and Society, Delhi: Oxford University Press, 1982.

9. Khair, Tabish. “Amitav Ghosh’s The Calcutta Chromosome: The question of subaltern agency”, Babu Fictions: Alienation in Contemporary Indian English Novels, Delhi: Oxford University Press, 2001.

10. Mukherji, Meenakshi. The Twice Born Fiction, New Delhi: Arnold Heinemann, 1974.11. Rushdie, Salman. Midnight’s Children UK: Vintage, 1995.

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A DESCRIPTIVE STUDY OF KNOWLEDGE SHARING, TRAINING AND DEVELOPMENT; ITS IMPACTS ON

ORGANIZATIONAL EFFECTIVENESS

Dr. Mohd Ashraf Ali* , Sarfaraz Javed**

ABSTRACT: Training and development of employees is critical in organizations in this era of competition due to the fact that organizations need to survive, grow and develop. Consequentially, training and development has become an issue of strategic importance. Although many scholars have conducted research on training and development practices in organizations in both developing and developed economies, it is worth mentioning that most of the research has concentrated on the benefits of training in general. There is however, limited focus on evaluation of training and development practices in organizations and yet, training and development of employees is critical for the survival and growth of any entity. Enhancing organizational effectiveness is one of the main concerns of every organization in recent years. In addition, leadership development is a process that can improve the organizational effectiveness and its performance. This study introduces the training activities” and “knowledge sharing” as two variables which impact on the relation of leadership development” on “organizational effectiveness” and help to enhance the organizational effectiveness. The results of this study show that by using the “training activities” and “knowledge sharing” with the enhancement of leadership development, the organizational effectiveness would enhance. In addition, six training activities are introduced as the most important methods in this study. These activities are “Case study”, “Role play”, “Action learning”, “360 degree feedback”, “Job rotation”, and “Job assessment”. Highlighting the importance of the issue may encourage the other researchers to work on different aspects of the study. It might aware the organization’s managers and make them pay more attention to grow their future leaders, and make them focus on training the leaders by different methods and promote knowledge sharing to be more competitive and effective.Keywords: training activity, knowledge sharing, leadership development, organizational effectiveness1. INTRODUCTION: “Good leadership makes a significant impact on organizational success”. Bennis (1987) asserted that the leadership in each organization is the factor that enables the workforce and determines success or failure in those organizations. The attitudes, behaviors, and actions that were previously successful are suddenly no longer effective and new requirements continue to emerge for modern leaders, employees, and organizations. Size, role clarity, specialization, and control which were old organizational success factors have shifted to some new concepts such as speed, flexibility, integration, and innovation. Many studies suggested that effective leadership development has positive effects on organizational performance and outcomes .According to Llewellyn (2002), organizational effectiveness outcome is achieved through strategic design created by leadership. Skilled leaders who have the ability to carry out strategic tasks and transfer knowledge tend to develop effective environments. The focus of current organizational issues apparently is on a leader’s ability .Effective leaders believed training will improve organizational results. Leadership development, Employee development and training

*Associate Professor, Department of Commerce, AMU Aligarh**Research Scholar, Department of Commerce, AMU Aligarh

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are essential parts of successful organizations. Leadership development is a process that improves leadership capabilities and organizational performance. Enhancing leadership effectiveness in organizations through uncertainty and changing environment is the main purpose of the leadership development programs. Training is considered as the process of upgrading the Knowledge, developing skills, bringing about attitude and behavioral changes, and improving the ability of the trainee to perform tasks effectively and efficiently in organizations (Wills, 1994; Palo et al, 2003; Robert et al, 2004). Similarly, Stewart (1996) combines the two concepts of training and development and gives an organization function which has the outcome of ensuring that the contribution of individuals and groups in achieving the organizational objectives through the development of appropriate knowledge, skills and attitude of the employees.It is widely accepted that training is necessary to develop leaders and has an effect on leadership development and organizational effectiveness. On the other hand, knowledge sharing is an important issue that has an influence on organizational development, performance and also, organizational effectiveness. Therefore, this study proposed “training activities” and “knowledge sharing” as two important variables in the relationship between leadership development and organizational effectiveness.

2. Training Activities: Training is transferring information to organization’s members to positively improve the effectiveness and productivity of organizations. Training enables organizations to act more effectively because of having valued employees. Training is also needed to develop new leaders.There are many benefits to both organization and individuals to accomplish training activities. Training makes employees feel that they are part of the organization’s family. Training creates the sense of belonging in all employees. He believes that with training activities, while the organization will be more successful at attracting and retaining employees, it already has a pool of employees who are prepared to replace the ones leaving.Leadership is changing as the world is and therefore, the theories of training are changing. It is obvious that old training pedagogy are not suitable for new leadership skills trainings especially with the increasing pace of management methods introduced these days. In traditional ways of learning there are many things to teach and memorize but in reality, using and understanding them are not easy. Furthermore, it is a fact that in direct practice especially in learning activities like lecture, reading and writing the concept of lessons will be forgotten more easily .Enhancing the skills of employees is the aim of training and development. It creates the professional development and enhances the employee’s skills. It also makes knowledgeable workforce with fewer mistakes. Increasing job satisfaction and employee morality, enhancing the employee motivation, improving the efficiencies in processes and financial gain, raising the ability to obtain new technologies, developing the innovation in strategies and products and reducing employee turnover are other important benefits of training. Noe (2002) also mentioned other benefits of training such as better prepared employee to achieve the organizational goals, more productive staff that are able to meet the challenges of change in the organization during learning and work on new programs. Training and development are designed to have these benefits. To harmonize with the changes in organizations, development of training programs is becoming more challenging for organizations to be meaningful. Many researchers used some practices for leader and leadership development including 360-degree feedback, networking, action learning, specific job assignments, corporate case studies, computer simulations, experiential learning. Hernez-Broone& Hughes (2004) concluded that mentoring, job assignment, 360-degree feedback, executive coaching, and action learning are the most prevalent leadership development practices in the 21st century. Furthermore, Naquin (2006) asserted that leadership development training programs should include a variety of methods, such as lectures, case study analysis, role playing and group discussion. Grove (2007) stated that 360 degree feedback, executive 173 coaching and mentoring, networking, job assignments and action learning as important leadership development methods. These traditional or conventional trainings might be formal or informal. Sometimes employees feel that trainings do not provide them with sufficient skills or knowledge. The improper trainings can result conflicts between employees and their organizations

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and this would impact on the organization performance and effectiveness. Training and development in the organizations will improve the employees’ job satisfaction, performance and commitment. This will lead the organizations toward their goals.Training is essential for leadership development success. Conger (1992) believes that training plays a vital role in leadership development. Bennis and Nanus (1997) also believe in the power of training leaders. When they stated that “major capacities and competencies of leadership can be learned”, they asserted that training can affect people in a way that it can change them to become a successful leader.As the pace of life in societies is increasing, the rate of changes in the organizations is increasing as well.

3. Evaluation Of Training And Development Practices: Based on the management axiom ‘nothing will improve until it is measured’, the training programmes have to be assessed in terms of the programme itself, of the behavior outside the training environment and whether or not it has desired effect. In other words, training has to be assessed in terms of training transfer (Wickramasinghe, 2006). Evaluation determines the effect of training at individual, departmental and organizational levels (Willis, 1998). Though several approaches are used to evaluate training programme in organization but there is no one best way of evaluation, just as there is no best way to train employees. Training results can be best identified mainly on the organizational performance which is triggered by employee performance. This involves the comparison of statistical indicators of performance before and after training took place. The measurement indicators include sales volume and revenue, levels of customer complaints, quality and quantity variables in cost reduction, productivity ratios, cost ratios in terms of stock level and debt collection periods and industrial relations (labour turnover rates; absenteeism, grievances) (Thomas, 1992). Moreover, effective training can be gauged by the capacity of trainees to apply knowledge, skills and abilities gained in training to their work environment and maintain them over time in their job contexts (Pidd, 2004; Pearsons, 2002) .However, (Berman et al, 2001) argues that training effectiveness is onstrained because of inadequate transfer of learning from training environment to workplace environment.(Berman et al, 2001) also critics the current belief that effective training is necessary, the argument is that training is not sufficient in improving performance. This line of argument emphasizes that no discussion of the effectiveness of training would be complete without considering the role of human resource utilization. However, most training attempts to improve the organization and process performance by addressing only one level (the job level) and only one dimension of the job level (skills and knowledge). As a result the training has no significant long term, training oney is wasted, and trainees are frustrated and confused. If inappropriate training method is used then the results will not play any role into the business organization, which will be waste of resources. (Rolf, 2002) outlines some of theconsequences of inadequate training as poor planning skills and decision making, which in turn will impair the organization’s profit and success. Other symptoms of inadequate training include overtime, high labour turnover and poor employee morale.

4. Knowledge Sharing:In fact knowledge sharing is an important factor that has an influence on organizational development and performance. In general, knowledge sharing has benefited at both individual and organizational level. At the individual level, the opportunity for employees to develop their skills and performance will be provided by knowledge management which is made possible when these employees work together and share their knowledge.Knowledge sharing is considered as an important process of knowledge management. Lee (2001) defined knowledge sharing as “activity of transferring or disseminating knowledge from one person, group, and organization to another”. Knowledge sharing means individuals willingness to share what they have or have created in an organization. There are many opportunities which will be created through knowledge sharing that can help maximize the ability of organizations to meet the needs and to create solutions which is business advantage. In addition knowledge management has two important benefits at the organizational level. “Open exchange of information, accessibility of coworkers, confirming and cooperative interactions and an overall culture of sharing knowledge”, all affect various communication climates. Furthermore,

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reward system as one of the aspects of organizational climate critically drives from knowledge sharing. First, throughincreasing efficiency, productivity, quality and innovation the organizational performance will be improved; which later better decision making, improving process, data integration and broad collaboration will emerge. Many authors found positive relationship of knowledge management and leadership characteristics such as ‘sharing vision’, ‘team working’, innovating’, ‘problem solving’, ‘trust’ and ‘communication’. Allee (2000) stated that providing the ways in which individuals can share their knowledge support the leader’s needs of inspiring a shared vision. Knowledge sharing is also the most important element of innovation. According to Lin (2007), one of the factors that enable the organizations to develop innovation and creative abilities is the employee willingness to donate and collect the knowledge. In addition, Berends (2005) emphasizes the role of knowledge sharing in problem solving. Best knowledge management planning builds trust which aids to reduce cultural barriers and changes the way of sharing knowledge between individuals and groups. Helesen (1996) explained that as leaders need to walk the talk, showing the leaders interest to knowledge sharing may help. Knowledge sharing is a type of communication. Aligning leaders and individuals toward the organizational vision would be supported by communities of practice which is known as a knowledge sharing activity. Greengard (1998) explained that knowledge sharing will build an environment where sharing can take place in group thinking, giving rewards, and developing personal skills. Knowledge sharing leads to higher team performance. Its valuable effect on team coordination and decision making leads to improve team working.

5. Discussion and Conclusion: In conclusion, this study introduces training activities and knowledge sharing as two important requirements for enhancing the organizational effectiveness. Performing a quantitative approach to find out the importance of each factor as a moderator in the relationship between leadership development and organizational effectiveness is useful for other researcher and would be the next step to continue this study. Better innovation thinking, better decision making and better communication also, explained as more important results of knowledge sharing. They asserted that in the process of Leadership development will improve if the managers and employees pay more attention to collecting and donating the knowledge the organizational outcomes.

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