Clauses (a), (b) and (c) of sub-section (1) of Section 2 make the Act applicable to a person who is a Hindu by religion in any of its forms or developments including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj and to a person who is a Buddhist, Jain or Sikh by religion. It is also applicable to any other person domiciled in the territories of India who is not a Muslim, Christian, Parsi or Jew by religion. The applicability of the Act is, therefore, comprehensive and applicable to all persons domiciled in the territory of India who are not Muslims, Christians, Parsis or Jews by religion. . The term “Hindu” has not been defined either under the Act or the Indian Succession Act or any other enactment of the legislature. As far back as in 1903 the Privy Council in Bhagwan Koer v. J. C. Bose [ILR (1902) 31 Cal 11, 15] observed: We shall not attempt here to lay down a general definition of what is meant by the term ‘Hindu’. To make it accurate and at the same time sufficiently comprehensive as well as distinctive is extremely difficult. The Hindu religion is marvellously catholic and elastic. Its theology is marked by eclecticism and tolerance and almost unlimited freedom of private worship.
Its social code is much more stringent, but amongst its different castes and sections exhibits wide diversity of practice. No trait is more marked of Hindu society in general than its horror of using the meat of the cow. Yet the Chamars who profess Hinduism, but who eat beef and the flesh of dead animals, are however low in the scale included within its pale. It is easier to say who are not Hindus, and practically the separation of Hindus from non-Hindus is not a matter of so much difficulty. The people know the differences well and can easily tell who are Hindus and who are not. 5.
The Act, is, therefore, applicable to: (1) All Hindus including a Virashaiva, a Lingayat, a Brahmo, Prarthana Samajist and an Arya Samajist, (2) Buddhists; (3) Jains; (4) Sikhs. 6. In this appeal the parties are admittedly tribals, the appellant being an Oraon and the respondent a Santhal. In the absence of a notification or order under Article 342 of the Constitution they are deemed to be Hindus. Even if a notification is issued under the Constitution, the Act can be applied to Scheduled Tribes as well by a further notification in terms of sub-section (2) of Section 2 of the Act.
It is not disputed before us that in the Constitution (Scheduled Tribes) Order, 1950 as amended by Scheduled Castes and Scheduled Tribes Order (Amendment) Acts 63 of 1956, 108 of 1976, 18 of 1987 and 15 of 1990, both the tribes to which the parties belong are specified in Part XII. It is conceded even by the appellant that “the parties to the petition are two tribals, who otherwise profess Hinduism, but their marriage being out of the purview of the Hindu Marriage Act, 1955 in light of Section 2(2) of the Act, are thus governed only by their Santhal customs and usage”.
Surajmani 2 Stella Kujur v. Durga Charan Hansdah 7. The appellant has, however, relied upon an alleged custom in the tribe which mandates monogamy as a rule. It is submitted that as the respondent has solemnised a second marriage during the subsistence of the first marriage with the appellant, the second marriage being void, the respondent is liable to be prosecuted for the offence punishable under Section 494 of the Indian Penal Code. 8.
No custom can create an offence as it essentially deals with the civil rights of the parties and no person can be convicted of any offence except for violation of law in force at the time of commission of the act charged. Custom may be proved for the determination of the civil rights of the parties including their status, the establishment of which may be used for the purposes of proving the ingredients of an offence which, under Section 3(37) of the General Clauses Act, would mean an act or omission punishable by any law by way of fine or imprisonment.
Article 20 of the Constitution, guaranteeing protection in respect of conviction of offence, provides that no person shall be convicted of any offence except for violation of law in force at the time of commission of the act charged as an offence. Law under Article 13 clause (3) of the Constitution means the law made by the legislature including intra vires statutory orders and orders made in exercise of powers conferred by the statutory rules. 9. The expression “custom and usage” has been defined under Section 3(a) of the Act as: 3. a) the expression ‘custom’ and ‘usage’ signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy; and Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family; 10. For custom to have the colour of a rule or law, it is necessary for the party claiming it, to plead and thereafter prove that such custom is ancient, certain and reasonable.
Custom being in derogation of the general rule is required to be construed strictly. The party relying upon a custom is obliged to establish it by clear and unambiguous evidence. In Ramalakshmi Ammal v. Sivanantha Perumal Sethurayar [(1871-72) 14 Moo IA 570, 585-86] it was held: It is of the essence of special usages, modifying the ordinary law of succession that they should be ancient and invariable; and it is further essential that they should be established to be so by clear and unambiguous evidence.
It is only by means of such evidence that the courts can be assured of their existence, and that they possess the conditions of antiquity and certainty on which alone their legal title to recognition depends. 12. The importance of the custom in relation to the applicability of the Act has been acknowledged by the legislature by incorporating Section 29 saving the validity of a marriage solemnised prior to the commencement of the Act which may otherwise be invalid after passing of the Act.
Nothing in the Act can affect any right, recognised by custom or conferred by any said enactment to obtain the dissolution of a Hindu marriage whether solemnised before or after the commencement of the Act even without the proof of the conditions precedent for declaring the marriage invalid as incorporated in Sections 10 to 13 of the Act. Surajmani Stella Kujur v. Durga Charan Hansdah 3 13. In this case the appellant filed a complaint in the Court of Chief Metropolitan Magistrate, New Delhi stating therein that her marriage was solemnised with the respondent in Delhi “according to Hindu rites and customs”.
Alleging that the respondent has solemnised another marriage with Accused 2, the complainant pleaded: That Accused 1 has not obtained any divorce through the court of law up to this date and hence the action of Accused 1 is illegal and contravenes the provision of law as laid down under Section 494 IPC. 14. Nowhere in the complaint the appellant has referred to any alleged custom having the force of law which prohibits the solemnisation of second marriage by the respondent and the consequences thereof.
It may be emphasised that mere pleading of a custom stressing for monogamy by itself was not sufficient unless it was further pleaded that second marriage was void by reason of its taking place during the life of such husband or wife. In order to prove the second marriage void, the appellant was under an obligation to show the existence of a custom which made such marriage null, ineffectual, having no force of law or binding effect, incapable of being enforced in law or non est.
The fact of second marriage being void is a sine qua non for the applicability of Section 494 IPC. It is settled position of law that for fastening the criminal liability, the prosecution or the complainant is obliged to prove the existence of all the ingredients constituting the crime which are normally and usually defined by a statute. The appellant herself appears to be not clear in her stand inasmuch as in her statement in the court recorded on 24-10-1992 she has stated that “I am a Hindu by religion”.
The complaint was dismissed by the trial court holding, “there is no mention of any such custom in the complaint nor is there evidence of such custom. In the absence of pleadings and evidence reference to book alone is not sufficient”. The High Court vide the judgment impugned in this appeal held that in the absence of notification in terms of sub-section (2) of Section 2 of the Act no case for prosecution for the offence of bigamy was made out against the respondent because the alleged second marriage cannot be termed to be void either under the Act or any alleged custom having the force of law. 5. In view of the fact that parties admittedly belong to the Scheduled Tribes within the meaning of clause (25) of Article 366 of the Constitution as notified by the Constitution (Scheduled Tribes) Order, 1950 as amended by the Scheduled Castes and Scheduled Tribes Order (Amendment) Acts 63 of 1956, 108 of 1976, 18 of 1987 and 15 of 1990 passed in terms of Article 342 and in the absence of specific pleadings, evidence and proof of the alleged custom making the second marriage void, no offence under Section 494 of the Indian Penal Code can possibly be made out against the respondent.
The trial Magistrate and the High Court have rightly dismissed the complaint of the appellant. 17. There is no merit in this appeal which is accordingly dismissed. * * * * * S. Nagalingam v. Sivagami (2001) 7 SCC 487 K. G. BALAKRISHNAN, J. – 3. The appellant S. Nagalingam married respondent complainant Sivagami on 6-9-1970. Three children were born from that wedlock. The respondent alleged that the appellant started ill-treating her and on many occasions she was physically tortured.
As a result of ill-treatment and severe torture inflicted by the appellant as well as his mother, she left her marital home and started staying with her parents. While so, the respondent came to know that the appellant had entered into a marriage with another woman on 18-6-1984, by the name of Kasturi, and that the marriage was performed in a marriage hall at Thiruthani. The respondent then filed a criminal complaint before the Metropolitan Magistrate against the appellant and six others All the accused were acquitted by the trial court. Aggrieved thereby, the respondent filed Criminal Appeal No. 7 of 1992 before the High Court of Madras. The learned Single Judge, by his judgment dated 1-11-1996 upheld the acquittal of Accused 2-7, but as regards the acquittal of the appellant, the matter was remitted to the trial court permitting the complainant to adduce evidence regarding the manner in which the marriage was solemnized. Upon remand, the priest (PW 3), who is alleged to have performed the marriage of the appellant with the second accused, Kasturi, on 18-6-1984, was further examined and the appellant was allowed further cross-examination. The learned Metropolitan Magistrate by his udgment dated 4-3-1999 acquitted the accused. Aggrieved by the said judgment, the respondent preferred a criminal appeal before the High Court of Madras. By the impugned judgment, the learned Single Judge held that the appellant had committed the offence punishable under Section 494 IPC. This is challenged before us. 5. The short question that arises for our consideration is whether the second marriage entered into by the appellant with the second accused, Kasturi, on 18-6-1984 was a valid marriage under Hindu law so as to constitute an offence under Section 494 IPC. . The essential ingredients of the offence under Section 494 IPC are: (i) the accused must have contracted the first marriage; (ii) whilst the first marriage was subsisting, the accused must have contracted a second marriage; and (iii) both the marriages must be valid in the sense that necessary ceremonies governing the parties must have been performed. 7. Admittedly, the marriage of the appellant with the respondent, entered into by them on 6-9-1970, was subsisting at the time of the alleged second marriage.
The Metropolitan Magistrate held that an important ceremony, namely, “saptapadi” had not been performed and therefore, the second marriage was not a valid marriage and no offence was committed by the appellant. The learned Single Judge reversing this decision in appeal held that the parties are governed by Section 7-A of the Hindu Marriage Act as the parties are Hindus residing within the State of Tamil Nadu. It was held that there was a valid second marriage and the appellant was guilty of the offence of bigamy. 8.
In the complaint filed by the respondent, it was alleged that the appellant had contracted the second marriage and this marriage was solemnised in accordance with Hindu rites on 18-6-1984 at RCC Mandapam, Thiruthani Devasthanam. To support this contention, PWs 2 and 3 were examined. PW 3 gave detailed evidence regarding the manner in which the marriage on 18-6-1984 was performed. S. Nagalingam v. Sivagami 5 9. Learned counsel for the appellant contended that as per the evidence of PW 3, it is clear that “saptapadi”, an important ritual which forms part of the marriage ceremony, was not performed and therefore, there was no valid arriage in accordance with Hindu rites. 10. It is undoubtedly true that the second marriage should be proved to be a valid marriage according to the personal law of the parties, though such second marriage is void under Section 17 of the Hindu Marriage Act having been performed when the earlier marriage is subsisting. The validity of the second marriage is to be proved by the prosecution by satisfactory evidence. 11. In Kanwal Ram v. H. P. Admn [AIR 1966 SC 614] this Court held that in a bigamy case, the second marriage is to be proved and the essential ceremony required for a valid marriage should have been performed.
It was held that mere admission on the part of the accused may not be sufficient. 12. The question as to whether “saptapadi” is an essential ritual to be performed, came up for consideration of this Court in some cases. One of the earliest decisions of this Court is Priya Bala Ghosh v. Suresh Chandra Ghosh [(1971) 1 SCC 864] wherein it was held that the second marriage should be a valid one according to the law applicable to the parties. In that case, there was no evidence regarding the performance of the essential ceremonies, namely, “datta homa” and “saptapadi”.
In para 25 of the judgment, it was held that the learned Sessions Judge and the High Court have categorically found that “homa” and “saptapadi” are the essential rites for a marriage according to the law governing the parties and there is no evidence that these two essential ceremonies have been performed when the respondent is stated to have married Sandhya Rani. It is pertinent to note that in para 9 of the judgment it is stated that both sides agreed that according to the law prevalent amongst the parties, “homa” and “saptapadi” were essential rites to be performed to constitute a valid marriage.
Before this Court also, the parties on either side agreed that according to the law prevalent among them, “homa” and “saptapadi” were essential rites to be performed for solemnization of the marriage and there was no specific evidence regarding the performance of these two essential ceremonies. 13. Lingari Obulamma v. L. Venkata Reddy [(1979) 3 SCC 80] was a case where the High Court held that two essential ceremonies of a valid marriage, namely, “datta homa” and “saptapadi” (taking seven steps around the sacred ire) were not performed and, therefore, the marriage was void in the eye of the law. This finding was upheld by this Court. The appellant therein contended that among the “Reddy” community in Andhra Pradesh, there was no such custom of performing “datta homa” and “saptapadi”, but the High Court held that under the Hindu law, these two ceremonies were essential to constitute a valid marriage and rejected the plea of the appellant on the ground that there was no evidence to prove that any of these two ceremonies had been performed.
The finding of the High Court was upheld by this Court that there was no evidence to prove a second valid marriage. 14. In Santi Deb Berma v. Kanchan Prava Devi [1991 Supp (2) SCC 616] also, the appellant was acquitted by this Court as there was no proof of a valid marriage as the ceremonial “saptapadi” was not performed. This Court noticed in this case also that the High Court proceeded on the footing that according to the parties, performance of “saptapadi” is one of the essential ceremonies to constitute a valid marriage. 6 S. Nagalingam v. Sivagami 15.
Another decision on this point is Laxmi Devi v. Satya Narayan [(1994) 5 SCC 545] wherein this Court, relying on an earlier decision in Priya Bala held that there was no proof that “saptapadi” was performed and therefore, there was no valid second marriage and that no offence of bigamy was committed. 16. In the aforesaid decisions rendered by this Court, it has been held that if the parties to the second marriage perform traditional Hindu form of marriage, “saptapadi” and “datta homa” are essential ceremonies and without there being these two ceremonies, there would not be a valid marriage. 7. In the instant case, the parties to the second marriage, namely, the appellant Nagalingam, and his alleged second wife, Kasturi, are residents of the State of Tamil Nadu and their marriage was performed at Thiruthani Temple within the State of Tamil Nadu. In the Hindu Marriage Act, 1955, there is a State amendment by the State of Tamil Nadu, which has been inserted as Section 7-A. The relevant portion thereof is as follows: 7-A. Special provision regarding suyamariyathai and seerthiruththa marriages. (1) This section shall apply to any marriage between any two Hindus, whether called suyamariyathai marriage or seerthiruththa marriage or by any other name, solemnised in the presence of relatives, friends or other persons – (a) by each party to the marriage declaring in any language understood by the parties that each takes the other to be his wife or, as the case may be, her husband; or (b) by each party to the marriage garlanding the other or putting a ring upon any finger of the other; or c) by the tying of the thali. (2) (a) Notwithstanding anything contained in Section 7, but subject to the other provisions of this Act, all marriages to which this section applies solemnised after the commencement of the Hindu Marriage (Tamil Nadu Amendment) Act, 1967, shall be good and valid in law. b) Notwithstanding anything contained in Section 7 or in any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of the Hindu Marriage (Tamil Nadu Amendment) Act, 1967, or in any other law in force immediately before such commencement or in any judgment, decree or order of any court, but subject to subsection (3), all marriages to which this section applies solemnised at any time before such commencement, shall be deemed to have been, with effect on and from the date of the solemnization of each such marriage, respectively, good and valid in law. 8. Section 7-A applies to any marriage between two Hindus solemnised in the presence of relatives, friends or other persons. The main thrust of this provision is that the presence of a priest is not necessary for the performance of a valid marriage.
Parties can enter into a marriage in the presence of relatives or friends or other persons and each party to the marriage should declare in the language understood by the parties that each takes the other to be his wife or, as the case may be, her husband, and the marriage would be completed by a simple ceremony requiring the parties to the marriage to garland each other or put a ring upon any finger of the other or tie a thali.
Any of these ceremonies, namely, garlanding each other or putting a ring upon any finger of the other or tying a S. Nagalingam v. Sivagami 7 thali would be sufficient to complete a valid marriage. Sub-section (2)(a) of Section 7-A specifically says that notwithstanding anything contained in Section 7, all marriages to which this provision applies and solemnised after the commencement of the Hindu Marriage (Tamil Nadu Amendment) Act, 1967, shall be good and valid in law.
Subsection (2)(b) further says that notwithstanding anything contained in Section 7 or in any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of the Hindu Marriage (Tamil Nadu Amendment) Act, 1967, or in any other law in force immediately before such commencement or in any judgment, decree or order of any court, all marriages to which this section applies solemnised at any time before such commencement, shall be deemed to have been valid.
The only inhibition provided is that this marriage shall be subject to sub-section (3) of Section 7-A. We need not elaborately consider the scope of Section 7- A(3) as that is not relevant for our purpose. 19. The evidence in this case as given by PW 3 clearly shows that there was a valid marriage in accordance with the provisions of Section 7-A of the Hindu Marriage Act.
PW 3 deposed that the bridegroom brought the “thirumangalam” and tied it around the neck of the bride and thereafter the bride and the bridegroom exchanged garlands three times and the father of the bride stated that he was giving his daughter to “kanniyathan” on behalf of and in the witness of “agnidevi” and the father of the bridegroom received and accepted the “kanniyathan”. PW 3 also deposed that he performed the marriage in accordance with the customs applicable to the parties. 20.
Under such circumstances, the provisions of Section 7-A, namely, the State amendment inserted in the statute are applicable and there was a valid marriage between the appellant and Kasturi. Moreover, neither the complainant nor the appellant had any case that for a valid marriage among the members of the community to which they belong, this ceremony of “saptapadi” was an essential one to make it a valid marriage. Section 7 of the Hindu Marriage Act says that a Hindu marriage may be solemnised in accordance with the customary rites and ceremonies of either party thereto and where such rites and ceremonies include the saptapadi i. . the taking of seven steps by the bridegroom and the bride jointly before the sacred fire, the marriage becomes complete and binding when the seventh step is taken. 21. “Saptapadi” was held to be an essential ceremony for a valid marriage only in cases where it was admitted by the parties that as per the form of marriage applicable to them that was an essential ceremony. The appellant in the instant case, however, had no such case that “saptapadi” was an essential ceremony for a valid marriage as per the personal law applicable whereas the provisions contained in Section 7-A are applicable to the parties.
In any view of the matter, there was a valid marriage on 18-6-1984 between the appellant and the second accused Kasturi. Therefore, it was proved that the appellant had committed the offence of bigamy as it was done during the subsistence of his earlier marriage held on 6-9-1970. The learned Single Judge was right in holding that the appellant committed the offence of bigamy and the matter was correctly remanded to the trial court for awarding appropriate sentence. We see no merit in this appeal and the same is dismissed accordingly. * * * * Bhaurao Shankar Lokhande v. State of Maharashtra AIR 1965 SC 1564 : (1965) 2 SCR 837 RAGHUBAR DAYAL, J. – Bhaurao Shankar Lokhande, Appellant 1, was married to the complainant Indubai in about 1956. He married Kamlabai in February 1962, during the lifetime of Indubai. Deorao Shankar Lokhande, Appellant 2, is the brother of the first appellant. These two appellants, together with Kamlabai and her father and Accused 5, a barber, were tried for an offence under Section 494 IPC. The latter three were acquitted by the Magistrate.
Appellant 1 was convicted under Section 494 IPC and Appellant 2 for an offence under Section 494 read with Section 114 IPC. Their appeal to the Sessions Judge was dismissed. Their revision to the High Court also failed. They have preferred this appeal by special leave. 2. The only contention raised for the appellants is that in law it was necessary for the prosecution to establish that the alleged second marriage of the Appellant 1 with Kamlabai in 1962 had been duly performed in accordance with the religious rites applicable to the form of marriage gone through.
It is urged for the appellants that the essential ceremonies for a valid marriage were not performed during the proceedings which took place when Appellant 1 and Kamlabai married each other. On behalf of the State it is urged that the proceedings of that marriage were in accordance with the custom prevalent in the community of the appellant for gandharva form of marriage and that therefore the second marriage of Appellant 1 with Kamlabai was a valid marriage.
It is also urged for the State that it is not necessary for the commission of the offence under Section 494 IPC that the second marriage be a valid one. Prima facie, the expression “whoever … marries” must mean “whoever … marries validly” or “whoever … marries and whose marriage is a valid one”. If the marriage is not a valid one, according to the law applicable to the parties, no question of its being void by reason of its taking place during the life of the husband or wife of the person marrying arises.
If the marriage is not a valid marriage, it is no marriage in the eye of law. The bare fact of a man and a woman living as husband and wife does not, at any rate, normally give them the status of husband and wife even though they may hold themselves out before society as husband and wife and the society treats them as husband and wife. 4. Apart from these considerations, there is nothing in the Hindu law, as applicable to marriages till the enactment of the Hindu Marriage Act of 1955, which made a second marriage of a male Hindu, during the lifetime of his previous wife, void.
Section 5 of the Hindu Marriage Act provides that a marriage may be solemnized between any two Hindus if the conditions mentioned in that section are fulfilled and one of those conditions is that neither party has a spouse living at the time of the marriage. Section 17 provides that any marriage between two Hindus solemnized after the commencement of the Act is void if at the date of such marriage either party had a husband or wife living, and that the provisions of Sections 494 and 495 IPC shall apply accordingly.
The marriage between two Hindus is void in view of Section 17 if two conditions are satisfied: (i) the marriage is solemnized after the commencement of the Act; (ii) at the date of such marriage, either party had a spouse living. If the marriage which took place between the appellant and Kamlabai in February 1962 cannot be said to be “solemnized”, that marriage will not be void by virtue of Section 17 of the Act and Section 494 IPC will not apply to such parties to the marriage as had a spouse living. The word “solemnize” means, in Bhaurao Shankar Lokhande v.
State of Maharashtra 9 connection with a marriage, “to celebrate the marriage with proper ceremonies and in due form”, according to the Shorter Oxford Dictionary. It follows, therefore, that unless the marriage is “celebrated or performed with proper ceremonies and due form” it cannot be said to be “solemnized”. It is therefore essential, for the purpose of Section 17 of the Act, that the marriage to which Section 494 IPC applies on account of the provisions of the Act, should have been celebrated with proper ceremonies and in due form.
Merely going through certain ceremonies with the intention that the parties be taken to be married, will not make them ceremonies Prescribed by law or approved by any established custom. 5. We are of opinion that unless the marriage which took place between Appellant 1 and Kamlabai in February 1962 was performed in accordance with the requirements of the law applicable to a marriage between the parties, the marriage cannot be said to have been “solemnized” and therefore Appellant 1 cannot be held to have committed the offence under Section 494 IPC. 6.
We may now determine what the essential ceremonies for a valid marriage between the parties are. It is alleged for the respondent that the marriage between Appellant 1 and Kamlabai was in “gandharva” form, as modified by the custom prevailing among the Maharashtrians. It is noted in Mulla’s Hindu Law, 12th Edn. , at p. 605: The Gandharva marriage is the voluntary union of a youth and a damsel which springs from desire and sensual inclination. It has at times been erroneously described as an euphemism for concubinage. This view is based on a total misconception of the leading texts of the Smritis.
It may be noted that the essential marriage ceremonies are as much a requisite part of this form of marriage as of any other unless it is shown that some modification of those ceremonies has been introduced by custom in any particular community or caste. At p. 615 is stated: (1) There are two ceremonies essential to the validity of a marriage, whether the marriage be in the Brahma form or the Asura form, namely— (1) invocation before the sacred fire, and (2) saptapadi, that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire…. 2) A marriage may be completed by the performance of ceremonies other than those referred to in sub-section (1), where it is allowed by the custom of the caste to which the parties belong. 7. It is not disputed that these two essential ceremonies were not performed when Appellant 1 married Kamlabai in February 1962. There is no evidence on record to establish that the performance of these two essential ceremonies has been abrogated by the custom prevalent in their community. In fact, the prosecution led no evidence as to what the custom was. It led evidence of what was performed at the time of the alleged marriage.
It was the counsel for the accused in the case who questioned certain witnesses about the performance of certain ceremonies and to such questions the witnesses replied that they were not necessary for the “gandharva” form of marriage in their community. Such a statement does not mean that the custom of the community deemed what took place at the “marriage” of the Appellant 1 and Bhaurao Shankar Lokhande v. State of Maharashtra 10 Kamlabai, sufficient for a valid marriage and that the performance of the two essential ceremonies had been abrogated.
There ought to have been definite evidence to establish that the custom prevalent in the community had abrogated these ceremonies for such form of marriage. 8. What took place that night when Appellant 1 married Kamlabai, has been stated thus, by PW 1: The marriage took place at 10 p. m. Pat – wooden sheets – were brought. A carpet was spread. Accused 1 then sat on the wooden sheet. On the other sheet Accused 3 sat. She was sitting nearby Accused 1. Accused 4 then performed some Puja by bringing a Tambya – pitcher. Betel leaves and coconut was kept on the Tambya.
Two garlands were brought. Accused 2 was having one-and Accused 4 having one in his hand. Accused 4 gave the garland to Accused 3 and Accused 2 gave the garland to Accused 1. Accused nos. 1 and 3 then garlanded each other. Then they each struck each other’s forehead. In cross-examination this witness stated: It is not that Gandharva according to our custom is performed necessarily in a temple. It is also not that a Brahmin Priest is required to perform the Gandharva marriage. No ‘Mangala Ashtakas’ are required to be chanted at the time of Gandharva marriage.
At the time of marriage in question, no Brahmin was called and Mangala Ashtakas were chanted. There is no custom to blow a pipe called ‘Sher’ in vernacular. Sitaram, Witness 2 for the complainant, made a similar statement about what happened at the marriage ceremony and further stated, in the examination-in-chief: Surpan is the village of Accused 3’s maternal uncle and as the custom is not to perform the ceremony at the house of maternal uncle, so it was performed at another place. There is no custom requiring a Brahmin Priest at the time of Gandharva. He stated in cross-examination:
A barber is not required and Accused 5 was not present at the time of marriage. There is a custom that the father of girl should make to touch the foreheads of the girl and boy to each other and the Gandharva is completed by the act. 9. It is urged for the respondent that as the touching of the forehead by the bridegroom and the bride is stated to complete the act of Gandharva marriage, it must be concluded that the ceremonies which, according to this witness, had been performed, were all the ceremonies which, by custom, were necessary for the validity of the marriage.
In the absence of a statement by the witness himself that according to custom these ceremonies were the only necessary ceremonies for a valid marriage, we cannot construe the statement that the touching of the foreheads completed the gandharva form of marriage and that the ceremonies gone through were all the ceremonies required for the validity of the marriage. 10. Bhagwan, Witness 3 for the complainant, made no statement about the custom, but stated in cross-examination that it was not necessary for the valid performance of gandharva marriage in their community that a Brahmin priest was required and mangala ashtakas were to be chanted.
The statement of Jeebhau, Witness 4 for the complainant, does not show how the custom has modified the essential forms of marriage. He stated in cross-examination: Bhaurao Shankar Lokhande v. State of Maharashtra 11 I had witnessed two Gandharvas before this. For the last 5 or 7 years a Brahmin Priest, a Barber and a Thakur is not required to perform the Gandharva but formerly it was essential. Formerly the Brahmin used to chant Mantras and Mangala ashtakas. It was necessary to have a maternal uncle or any other person to make touch the foreheads of the sponsors together.
A Brahmin from Kasara and Dhandana comes to our village for doing rituals but I do not know their names. This statement too, does not establish that the two essential ceremonies are no more necessary to be performed, for a Gandharva marriage. The mere fact that they were probably not performed in the two Gandharva marriages Jeebhau had attended, does not establish that their performance is no more necessary according to the custom in that community. Further, Jeebhau has stated that about five or seven years earlier the performance of certain ceremonies which, till then, were essential for the marriage, were given up.
If so, the departure from the essentials cannot be said to have become a custom, as contemplated by the Hindu Marriage Act. 11. Clause (a) of Section 3 of the Act provides that the expressions “custom” and “usage” signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family. 12. We are therefore of opinion that the prosecution has failed to establish that the marriage between Appellant 1 and Kamlabai in February 1962 was performed in accordance with the customary rites as required by Section 7 of the Act.
It was certainly not performed in accordance with the essential requirements for a valid marriage under Hindu law. 13. It follows therefore that the marriage between Appellant 1 and Kamlabai does not come within the expression “solemnized marriage” occurring in Section 17 of the Act and consequently does not come within the mischief of Section 494 IPC even though the first wife of Appellant1 was living when he married Kamlabai in February 1962. 14.
We have not referred to and discussed the cases referred to in support of the contention that the “subsequent marriage” referred to in Section 494 IPC need not be a valid marriage, as it is unnecessary to consider whether they have been correctly decided, in view of the fact that the marriage of Appellant 1 with Kamlabai could be a void marriage only if it came within the purview of Section 17 of the Act. 15. The result is that the conviction of Appellant 1 under Section 494 IPC and of Appellant 2 under Section 494 read with Section 114 IPC cannot be sustained.
We therefore allow their appeal, set aside their convictions and acquit them. The bail bonds of Appellant 1 will stand discharged. Fines, if paid, will be refunded. * * * * * Lily Thomas v. Union of India AIR 2000 SC 1650 : (2000) 6 SCC 224 S. SAGHIR AHMAD, J. – I respectfully agree with the views expressed by my esteemed brother, Sethi, J. , in the erudite judgment prepared by him, by which the writ petitions and the review petition are being disposed of finally. I, however, wish to add a few words of my own. 2. Smt Sushmita Ghosh, who is the wife of Shri G. C. Ghosh (Mohd. Karim Ghazi) filed a writ petition [Writ Petition (C) No. 09 of 1992] in this Court stating that she was married to Shri G. C. Ghosh in accordance with Hindu rites on 10-5-1984 and since then both of them were happily living at Delhi. The following paragraphs of the writ petition, which are relevant for this case, are quoted below: 15. That around 1-4-1992, Respondent 3 told the petitioner that she should in her own interest agree to a divorce by mutual consent as he had anyway taken to Islam so that he may remarry and in fact he had already fixed to marry one Miss Vanita Gupta, resident of D-152, Preet Vihar, Delhi, a divorcee with two children in the second week of July 1992.
Respondent 3 also showed a certificate issued by the office of the Maulana Qari Mohammad Idris, Shahi Qazi dated 17-6-1992 certifying that Respondent 3 had embraced Islam. True copy of the certificate is annexed to the present petition and marked as Annexure II. 16. That the petitioner contacted her father and aunt and told them about her husband’s conversion and intention to remarry. They all tried to convince Respondent 3 and talk him out of the marriage but to no avail and he insisted that Sushmita must agree to a divorce otherwise she will have to put up with the second wife. 17.
That it may be stated that Respondent 3 has converted to Islam solely for the purpose of remarrying and has no real faith in Islam. He does not practise the Muslim rites as prescribed nor has he changed his name or religion and other official documents. 18. That the petitioner asserts her fundamental rights guaranteed by Article 15(1) not to be discriminated against on the ground of religion and sex alone. She avers that she has been discriminated against by that part of the Muslim personal law which is enforced by the State action by virtue of the Muslim Personal Law (Shariat) Act, 1937.
It is submitted that such action is contrary to Article 15(1) and is unconstitutional. 19. That the truth of the matter is that Respondent 3 has adopted the Muslim religion and become a convert to that religion for the sole purpose of having a second wife which is forbidden strictly under the Hindu law. It need hardly be said that the said conversion was not a matter of Respondent 3 having faith in the Muslim religion. 20. The petitioner is undergoing great mental trauma. She is 34 years of age and is not employed anywhere. 1. That in the past several years, it has become very common amongst the Hindu males who cannot get a divorce from their first wife, they convert to Muslim religion Lily Thomas v. Union of India 13 solely for the purpose of marriage. This practice is invariably adopted by those erring husbands who embrace Islam for the purpose of second marriage but again become reconverts so as to retain their rights in the properties etc. and continue their service and all other business in their old name and religion. 22.
That a woman’s organisation ‘Kalyani’ terribly perturbed over this growing menace and increase in a number of desertions of the lawfully married wives under the Hindu law and splitting up and ruining of the families even where there are children and when no grounds of obtaining a divorce successfully on any of the grounds enumerated in Section 13 of the Hindu Marriage Act are available, to resort to conversion as a method to get rid of such lawful marriages, has filed a petition in this Hon’ble Court being Civil Writ Petition No. 079 of 1989 in which this Hon’ble Court has been pleased to admit the same. True copy of the order dated 23-4-1990 and the order admitting the petition is annexed to the present petition and marked as Annexure III (collectively). ” 3. She ultimately prayed for the following reliefs: (a) by an appropriate writ, order or direction, declare polygamous marriages by Hindus and non-Hindus after conversion to Islam religion as illegal and void; (b) issue appropriate directions to Respondents 1 and 2 to carry out suitable amendments in the Hindu Marriage Act so as to curtail and forbid the practice of polygamy; c) issue appropriate direction to declare that where a non-Muslim male gets converted to the ‘Muslim’ faith without any real change of belief and merely with a view to avoid an earlier marriage or enter into a second marriage, any marriage entered into by him after conversion would be void; (d) issue appropriate direction to Respondent 3 restraining him from entering into any marriage with Miss Vanita Gupta or any other woman during the subsistence of his marriage with the petitioner; and (e) pass such other and further order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. . This petition was filed during the summer vacation in 1992. Mr Justice M. N. Venkatachaliah (as he then was), sitting as Vacation Judge, passed the following order on 9- 7-1992: The writ petition is taken on board. Heard Mr Mahajan, learned Senior Counsel for the petitioner. Issue notice. Learned counsel says that the respondent who was a Hindu by religion and who has been duly and legally married to the petitioner purports to have changed his religion and embraced Islam and that he has done only with a view to take another wife, which would otherwise be an illegal bigamy.
Petitioner prays that there should be interdiction of the proposed second marriage which is scheduled to take place tomorrow, i. e. 10th July, 1992. It is urged that the respondent, whose marriage with the petitioner is legal and subsisting cannot take advantage of the feigned conversion so as to be able to take a second wife. Lily Thomas v. Union of India 14 All that needs to be said at this stage is that if during the pendency of this writ petition, the respondent proceeds to contract a second marriage and if it is ultimately held that respondent did not have the legal capacity for the second marriage, the purported marriage would be void. . Thus, in view of the pleadings in Sushmita Ghosh case and in view of the order passed by this Court in the writ petitions filed separately by Smt Sarla Mudgal and Ms Lily Thomas, the principal question which was required to be answered by this Court was that where a non- Muslim gets converted to the “Muslim” faith without any real change of belief and merely with a view to avoid an earlier marriage or to enter into a second marriage, whether the marriage entered into by him after conversion would be void. 9.
Smt Sushmita Ghosh, in her writ petition, had clearly spelt out that her husband, Shri G. C. Ghosh, had not really converted to the “Muslim” faith, but had only feigned conversion to solemnise a second marriage. She also stated that though freedom of religion is a matter of faith, the said freedom cannot be used as a garb for evading other laws where the spouse becomes a convert to “Islam” for the purpose of avoiding the first marriage. She pleaded in clear terms that it may be stated that respondent 3 has converted to islam solely for the purpose of remarrying and has no real faith in islam. e does not practise the muslim rites as prescribed nor has he changed his name or religion and other official documents. 10. She further stated that the truth of the matter is that Respondent 3 has adopted the “Muslim” religion and become a convert to that religion for the sole purpose of having a second wife, which is forbidden strictly under the Hindu law. It need hardly be said that the said conversion was not a matter of Respondent 3 having faith in the Muslim religion. 11. This statement of fact was supported by the further statement made by her in para 15 of the writ petition in which she stated that her husband, Shri G.
C. Ghosh, told her that he had taken to “Islam” “so that he may remarry and in fact he had already fixed to marry one Miss Vanita Gupta, resident of D-152, Preet Vihar, Delhi, a divorcee with two children in the second week of July 1992”. 12. At the time of hearing of these petitions, counsel appearing for Smt Sushmita Ghosh filed certain additional documents, namely, the birth certificate issued by the Government of the Union Territory of Delhi in respect of a son born to Shri G. C. Ghosh from the second wife on 27-5-1993.
In the birth certificate, the name of the child’s father is mentioned as “G. C. Ghosh” and his religion is indicated as “Hindu”. The mother’s name is described as “Vanita Ghosh” and her religion is also described as “Hindu”. In 1994, Smt Sushmita Ghosh obtained the copies of the relevant entries in the electoral list of Polling Station 71 of Assembly Constituency 44 (Shahdara), in which the name of Shri G. C. Ghosh appeared at Sl. No. 182 while the names of his father and mother appeared at Sl. Nos. 183 and 184 respectively and the name of his wife at Sl. No. 185. 13. In 1995, Shri G.
C. Ghosh had also applied for Bangladeshi visa. A photostat copy of that application has also been filed in this Court. It indicates that in the year 1995 Shri G. C. Ghosh described himself as “Gyan Chand Ghosh” and the religion which he professed to follow was described as “Hindu”. The marriage of Shri G. C. Ghosh with Vanita Gupta had taken place on 3-9-1992. The certificate issued by Mufti Mohd. Tayyeb Qasmi described the Lily Thomas v. Union of India 15 husband as “Mohd. Karim Ghazi”, s/o Biswanath Ghosh, 7 Bank Enclave, Delhi. But, in spite of his having become “Mohd.
Karim Ghazi”, he signed the certificate as “G. C. Ghosh”. The bride is described as “Henna Begum”, D-152, Preet Vihar, Delhi. Her brother, Kapil Gupta, is the witness mentioned in the certificate and Kapil Gupta has signed the certificate in English. 14. From the additional documents referred to above, it would be seen that though the marriage took place on 3-9-1992, Shri G. C. Ghosh continued to profess “Hindu” religion as described in the birth certificate of his child born out of the second wedlock and also in the application for Bangladeshi visa.
In the birth certificate as also in the application for Bangladeshi visa, he described himself as “G. C. Ghosh” and his wife as “Vanita Ghosh” and both were said to profess “Hindu” religion. In the electoral roll also, he has been described as “Gyan Chand Ghosh” and the wife has been described as “Vanita Ghosh”. 15. It, therefore, appears that conversion to “Islam” was not the result of exercise of the right to freedom of conscience, but was feigned, subject to what is ultimately held by the trial court where G. C.
Ghosh is facing criminal trial, to get rid of his first wife, Smt Sushmita Ghosh and to marry a second time. In order to avoid the clutches of Section 17 of the Act, if a person renounces his “Hindu” religion and converts to another religion and marries a second time, what would be the effect on his criminal liability is the question which may now be considered. 23. We have already seen above that under the Hindu Marriage Act, one of the essential ingredients of a valid Hindu marriage is that neither party should have a spouse living at the time of marriage.
If the marriage takes place in spite of the fact that a party to that marriage had a spouse living, such marriage would be void under Section 11 of the Hindu Marriage Act. Such a marriage is also described as void under Section 17 of the Hindu Marriage Act under which an offence of bigamy has been created. This offence has been created by reference. By providing in Section 17 that provisions of Sections 494 and 495 would be applicable to such a marriage, the legislature has bodily lifted the provisions of Sections 494 and 495 IPC and placed them in Section 17 of the Hindu Marriage Act.
This is a well-known legislative device. The important words used in Section 494 are “marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife”. These words indicate that before an offence under Section 494 can be said to have been constituted, the second marriage should be shown to be void in a case where such a marriage would be void by reason of its taking place in the lifetime of such husband or wife. The words husband or wife” are also important in the sense that they indicate the personal law applicable to them which would continue to be applicable to them so long as the marriage subsists and they remain “husband and wife”. 24. Chapter XX of the Indian Penal Code deals with offences relating to marriage. Section 494 which deals with the offence of bigamy is a part of Chapter XX of the Code. Relevant portion of Section 198 of the Code of Criminal Procedure which deals with the prosecution for offences against marriage provides as under: 198. Prosecution for offences against marriage. (1) No court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by the offence: Lily Thomas v. Union of India 16 Provided that— (a) where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the court, make a complaint on his or her behalf; b) where such person is the husband and he is serving in any of the armed forces of the Union under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband in accordance with the provisions of sub-section (4) may make a complaint on his behalf; (c) where the person aggrieved by an offence punishable under Section 494 or Section 495 of the Indian Penal Code (45 of 1860) is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father’s or mother’s brother or sister, or, with the leave of the court, by any other person related to her by blood, marriage or adoption. (2) For the purposes of sub-section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under Section 497 or Section 498 of the said Code:
Provided that in the absence of the husband, some person who had care of the woman on his behalf at the time when such offence was committed may, with the leave of the court, make a complaint on his behalf. 25. It would thus be seen that the court would take cognizance of an offence punishable under Chapter XX of the Code only upon a complaint made by any of the persons specified in this section. According to clause (c) of the proviso to sub-section (1), a complaint for the offence under Section 494 or 495 can be made by the wife or on her behalf by her father, mother, brother, sister, son or daughter or by her father’s or mother’s brother or sister. Such complaint may also be filed, with the leave of the court, by any other person related to the wife by blood, marriage or adoption.
If a Hindu wife files a complaint for the offence under Section 494 on the ground that during the subsistence of the marriage, her husband had married a second wife under some other religion after converting to that religion, the offence of bigamy pleaded by her would have to be investigated and tried in accordance with the provisions of the Hindu Marriage Act. It is under this Act that it has to be seen whether the husband, who has married a second time, has committed the offence of bigamy or not. Since under the Hindu Marriage Act, a bigamous marriage is prohibited and has been constituted as an offence under Section 17 of the Act, any marriage solemnised by the husband during the subsistence of that marriage, in spite of his conversion to another religion, would be an offence triable under Section 17 of the Hindu Marriage Act read with Section 494 IPC.
Since taking of cognizance of the offence under Section 494 is limited to the complaints made by the persons specified in Section 198 of the Code of Criminal Procedure, it is obvious that the person making the complaint would have to be decided in terms of the personal law applicable to the complainant and the respondent (accused) as mere conversion does not dissolve the marriage automatically and they continue to be “husband and wife”. Lily Thomas v. Union of India 17 26. It may be pointed out that Section 17 of the Hindu Marriage Act corresponds to Sections 43 and 44 of the Special Marriage Act. It also corresponds to Sections 4 and 5 of the PaRsi Marriage & Divorce Act, Section 61 of the Indian Divorce Act and Section 12 of the Matrimonial Causes Act which is an English Act. 28. In Gopal Lal v.
State of Rajasthan [AIR 1979 SC 713] Murtaza Fazal Ali, J. , speaking for the Court, observed as under: Where a spouse contracts a second marriage while the first marriage is still subsisting the spouse would be guilty of bigamy under Section 494 if it is proved that the second marriage was a valid one in the sense that the necessary ceremonies required by law or by custom have been actually performed. The voidness of the marriage under Section 17 of the Hindu Marriage Act is in fact one of the essential ingredients of Section 494 because the second marriage will become void only because of the provisions of Section 17 of the Hindu Marriage Act. 29.
In view of the above, if a person marries a second time during the lifetime of his wife, such marriage apart from being void under Sections 11 and 17 of the Hindu Marriage Act, would also constitute an offence and that person would be liable to be prosecuted under Section 494 IPC. While Section 17 speaks of marriage between two “Hindus”, Section 494 does not refer to any religious denomination. 30. Now, conversion or apostasy does not automatically dissolve a marriage already solemnised under the Hindu Marriage Act. It only provides a ground for divorce under Section 13. 31. Under Section 10 which provides for judicial separation, conversion to another religion is now a ground for a decree for judicial separation after the Act was amended by the Marriage Laws (Amendment) Act, 1976. The first marriage, therefore, is not affected and it continues to subsist.
If the “marital” status is not affected on account of the marriage still subsisting, his second marriage qua the existing marriage would be void and in spite of conversion he would be liable to be prosecuted for the offence of bigamy under Section 494. 32. Change of religion does not dissolve the marriage performed under the Hindu Marriage Act between two Hindus. Apostasy does not bring to an end the civil obligations or the matrimonial bond, but apostasy is a ground for divorce under Section 13 as also a ground for judicial separation under Section 10 of the Hindu Marriage Act. Hindu law does not recognise bigamy. As we have seen above, the Hindu Marriage Act, 1955 provides for “monogamy”. A second marriage, during the lifetime of the spouse, would be void under Sections 11 and 17, besides being an offence. 33. In Govt. of Bombay v. Ganga [ILR (1880) 4 Bom. 30] which obviously is a case decided prior to the coming into force of the Hindu Marriage Act, it was held by the Bombay High Court that where a Hindu married woman having a Hindu husband living marries a Mohammedan after conversion to “Islam”, she commits the offence of polyandry as, by mere conversion, the previous marriage does not come to an end. In Sayeda Khatoon v. M. Obadiah [(1944-45) 49 CWN 745] it was held that a marriage solemnised in India according to one personal law cannot be dissolved according to another personal law simply because one of the parties has changed his or her religion. In Amar Nath v. Amar Nath [AIR 1948 Lily Thomas v. Union of India 18 Lah. 29] it was held that the nature and incidence of a Vedic marriage bond, between the parties are not in any way affected by the conversion to Christianity of one of them and the bond will retain all the characteristics of a Hindu marriage notwithstanding such conversion unless there shall follow upon the conversion of one party, repudiation or desertion by the other, and unless consequential legal proceedings are taken and a decree is made as provided by the Native Converts Marriage Dissolution Act. 34. In the case of Gul Mohd. v. Emperor [AIR 1947 Nag. 121] the High Court held that the conversion of a Hindu wife to Mohammedanism does not, ipso facto, dissolve the marriage with her Hindu husband. It was further held that she cannot, during his lifetime, enter into a valid contract of marriage with another person.
Such person having sexual relations with a Hindu wife converted to Islam, would be guilty of adultery under Section 497 IPC as the woman before her conversion was already married and her husband was alive. 35. From the above, it would be seen that mere conversion does not bring to an end the marital ties unless a decree for divorce on that ground is obtained from the court. Till a decree is passed, the marriage subsists. Any other marriage, during the subsistence of the first marriage would constitute an offence under Section 494 read with Section 17 of the Hindu Marriage Act, 1955 and the person, in spite of his conversion to some other religion, would be liable to be prosecuted for the offence of bigamy.
It also follows that if the first marriage was solemnised under the Hindu Marriage Act, the “husband” or the “wife”, by mere conversion to another religion, cannot bring to an end the marital ties already established on account of a valid marriage having been performed between them. So long as that marriage subsists, another marriage cannot be performed, not even under any other personal law, and on such marriage being performed, the person would be liable to be prosecuted for the offence under Section 494 IPC. 36. The position under the Mohammedan law would be different as, in spite of the first marriage, a second marriage can be contracted by the husband, subject to such religious restrictions as have been spelled out by brother Sethi, J. n his separate judgment, with which I concur on this point also. This is the vital difference between Mohammedan law and other personal laws. Prosecution under Section 494 in respect of a second marriage under Mohammedan law can be avoided only if the first marriage was also under the Mohammedan law and not if the first marriage was under any other personal law where there was a prohibition on contracting a second marriage in the lifetime of the spouse. 37. In any case, as pointed out earlier in the instant case, the conversion is only feigned, subject to what may be found out at the trial. 38. Religion is a matter of faith stemming from the depth of the heart and mind.
Religion is a belief which binds the spiritual nature of man to a supernatural being; it is an object of conscientious devotion, faith and pietism. Devotion in its fullest sense is a consecration and denotes an act of worship. Faith in the strict sense constitutes firm reliance on the truth of religious doctrines in every system of religion. Religion, faith or devotion are not easily interchangeable. If the person feigns to have adopted another religion just for some worldly gain or benefit, it would be religious bigotry. Looked at from this angle, a person who mockingly adopts another religion where plurality of marriage is permitted so as to renounce Lily Thomas v.
Union of India 19 the previous marriage and desert the wife, cannot be permitted to take advantage of his exploitation as religion is not a commodity to be exploited. The institution of marriage under every personal law is a sacred institution. Under Hindu law, marriage is a sacrament. Both have to be preserved. 39. I also respectfully agree with brother Sethi, J. that in the present case, we are not concerned with the status of the second wife or the children born out of that wedlock as in the instant case we are considering the effect of the second marriage qua the first subsisting marriage in spite of the husband having converted to “Islam”. 40.
I have already reproduced the order of this Court passed in Sarla Mudgal case on 23- 4-1990 in which it was clearly set out that the learned counsel appearing in that case had, after taking instructions, stated that the prayers were limited to a single relief, namely, a declaration that where a non-Muslim male gets converted to the Muslim faith without any real change of belief and merely with a view to avoid any earlier marriage or to enter into a second marriage, any marriage entered into by him after conversion would be void. 42. It may also be pointed out that in the counter-affidavit filed on 30-8-1996 and in the supplementary affidavit filed on 5-12-1996 on behalf of the Government of India in the case of Sarla Mudgal it has been stated that the Government would take steps to make a uniform code only if the communities which desire such a code approach the Government and take the initiative themselves in the matter. R. P. SETHI, J. – IA No. 2 of 1995 in Writ Petition (C) No. 588 of 1995 is allowed. 47. Interpreting the scope and extent of Section 494 of the Indian Penal Code this Court in Sarla Mudgal, President, Kalyani v.
Union of India [AIR 1995 SC 1531] held: [T]hat the second marriage of a Hindu husband after conversion to Islam, without having his first marriage dissolved under law, would be invalid. The second marriage would be void in terms of the provisions of Section 494 IPC and the apostate husband would be guilty of the offence under Section 494 IPC. The findings were returned answering the questions formulated by the Court in para 2 of its judgment. 48. The judgment in Sarla Mudgal case is sought to be reviewed, set aside, modified and quashed by way of the present review and writ petitions filed by various persons and Jamat-e- Ulema Hind and another. It is contended that the aforesaid judgment is contrary to the fundamental rights as enshrined in Articles 20, 21, 25 and 26 of the Constitution of India. 59.
We are not impressed by the arguments to accept the contention that the law declared in Sarla Mudgal case cannot be applied to persons who have solemnised marriages in violation of the mandate of law prior to the date of judgment. This Court had not laid down any new law but only interpreted the existing law which was in force. It is a settled principle that the interpretation of a provision of law relates back to the date of the law itself and cannot be prospective from the date of the judgment because concededly the court does not legislate but only gives an interpretation to an existing law. We do not agree with the arguments that the second marriage by a convert male Muslim has been made an offence only Lily Thomas v. Union of India 20 by judicial pronouncement.
The judgment has only interpreted the existing law after taking into consideration various aspects argued at length before the Bench which pronounced the judgment. The review petition alleging violation of Article 20(1) of the Constitution is without any substance and is liable to be dismissed on this ground alone. 60. Even otherwise we do not find any substance in the submissions made on behalf of the petitioners regarding the judgment being violative of any of the fundamental rights guaranteed to the citizens of this country. The mere possibility of taking a different view has not persuaded us to accept any of the petitions as we do not find the violation of any of the fundamental rights to be real or prima facie substantiated. 61. The alleged violation of Article 21 is misconceived.
What is guaranteed under Article 21 is that no person shall be deprived of his life and personal liberty except according to the procedure established by law. It is conceded before us that actually and factually none of the petitioners has been deprived of any right of his life and personal liberty so far. The aggrieved persons are apprehended to be prosecuted for the commission of offence punishable under Section 494 IPC. It is premature, at this stage, to canvass that they would be deprived of their life and liberty without following the procedure established by law. The procedure established by law, as mentioned in Article 21 of the Constitution, means the law prescribed by the legislature.
The judgment in Sarla Mudgal has neither changed the procedure nor created any law for the prosecution of the persons sought to be proceeded against for the alleged commission of the offence under Section 494 IPC. 62. The grievance that the judgment of the Court amounts to violation of the freedom of conscience and free profession, practice and propagation of religion is also far-fetched and apparently artificially carved out by such persons who are alleged to have violated the law by attempting to cloak themselves under the protective fundamental right guaranteed under Article 25 of the Constitution. No person, by the judgment impugned, has been denied the freedom of conscience and propagation of religion.
The rule of monogamous marriage amongst Hindus was introduced with the proclamation of the Hindu Marriage Act. Section 17 of the said Act provided that any marriage between two Hindus solemnised after the commencement of the Act shall be void if at the date of such marriage either party had a husband or wife living and the provisions of Sections 494 and 495 of the Indian Penal Code (45 of 1860) shall apply accordingly. The second marriage solemnised by a Hindu during the subsistence of a first marriage is an offence punishable under the penal law. Freedom guaranteed under Article 25 of the Constitution is such freedom which does not encroach upon a similar freedom of other persons.
Under the constitutional scheme every person has a fundamental right not merely to entertain the religious belief of his choice but also to exhibit this belief and ideas in a manner which does not infringe the religious right and personal freedom of others It was contended in Sarla Mudgal that making a convert Hindu liable for prosecution under the Penal Code would be against Islam, the religion adopted by such person upon conversion. Such a plea raised demonstrates the ignorance of the petitioners about the tenets of Islam and its teachings. The word “Islam” means “peace and submission”. In its religious connotation it is understood as “submission to the will of God”; according to Fyzee (Outlines of Mohammedan Law, 2nd Edn. ), in its secular sense, the establishment of peace. The word “Muslim” in Arabic is the active principle of Islam, which means Lily Thomas v. Union of India 21 acceptance of faith, the noun of which is Islam.
Muslim law is admitted to be based upon a well-recognised system of jurisprudence providing many rational and revolutionary concepts, which could not be conceived of by the other systems of law in force at the time of its inception. Sir Ameer Ali in his book Mohammedan Law, Tagore Law Lectures, 4th Edn. , Vol. 1 has observed that the Islamic system, from a historical point of view was the most interesting phenomenon of growth. The small beginnings from which it grew up and the comparatively short space of time within which it attained its wonderful development marked its position as one of the most important judicial systems of the civilised world. The concept of Muslim law is based upon the edifice of the Shariat.
Muslim law as traditionally interpreted and applied in India permits more than one marriage during the subsistence of one and another though capacity to do justice between co-wives in law is a condition precedent. Even under the Muslim law plurality of marriages is not unconditionally conferred upon the husband. It would, therefore, be doing injustice to Islamic law to urge that the convert is entitled to practise bigamy notwithstanding the continuance of his marriage under the law to which he belonged before conversion. The violators of law who have contracted a second marriage cannot be permitted to urge that such marriage should not be made the subject-matter of prosecution under the general penal law prevalent in the country.
The progressive outlook and wider approach of Islamic law cannot be permitted to be squeezed and narrowed by unscrupulous litigants, apparently indulging in sensual lust sought to be quenched by illegal means, who apparently are found to be guilty of the commission of the offence under the law to which they belonged before their alleged conversion. It is nobody’s case that any such convertee has been deprived of practising any other religious right for the attainment of spiritual goals. Islam which is a pious, progressive and respected religion with a rational outlook cannot be given a narrow concept as has been tried to be done by the alleged violatoRs of law. 63.
Learned counsel appearing for the petitioners have alleged that in view of the judgment in Sarla Mudgal their clients are liable to be convicted without any further proof. Such an apprehension is without any substance inasmuch as the person seeking conviction of the accused for a commission of offence under Section 494 is under a legal obligation to prove all the ingredients of the offence charged and conviction cannot be based upon mere admission made outside the court. To attract the provisions of Section 494 IPC the second marriage has to be proved besides proving the previous marriage. Such marriage is further required to be proved to have been performed or celebrated with proper ceremonies.
This Court in Kanwal Ram v. H. P. Admn. [AIR 1966 SC 614] held that in a bigamy case the second marriage as a fact, that is to say the essential ceremonies constituting it, must be proved. Admission of marriage by the accused by itself was not sufficient for the purpose of holding him guilty even for adultery or for bigamy. In Bhaurao Shankar Lokhande v. State of Maharashtra [AIR 1965 SC 1564] this Court held that a marriage is not proved unless the essential ceremonies required for its solemnisation are proved to have been performed. 65. Besides deciding the question of law regarding the interpretation of Section 494 IPC, one of the Hon’ble Judges (Kuldip Singh, J. after referring to the observations made by this Court in Mohd. Ahmed Khan v. Shah Bano Begum [AIR 1985 SC 945] requested the Government of India through the Prime Minister of the country to have a fresh look at Article Lily Thomas v. Union of India 22 44 of the Constitution of India and “endeavour to secure for the citizens a uniform civil code throughout the territory of India”. In that behalf direction was issued to the Government of India, Secretary, Ministry of Law & Justice to file an affidavit of a responsible officer indicating therein the steps taken and efforts made towards securing a uniform civil code for the citizens of India. On the question of a uniform civil code R. M. Sahai, J. he other Hon’ble Judge constituting the Bench suggested some measures which could be undertaken by the Government to check the abuse of religion by unscrupulous persons, who under the cloak of conversion were found to be otherwise guilty of polygamy. It was observed that: Freedom of religion is the core of our culture. Even the slightest deviation shakes the social fibre. It was further remarked that: The Government would be well advised to entrust the responsibility to the Law Commission which may in consultation with Minorities Commission examine the matter and bring about a comprehensive legislation in keeping with modern-day concept of human rights for women. 66. In Maharshi Avadhesh v.
Union of India [1994 Supp (1) SCC 713] this Court had specifically declined to issue a writ directing the respondents to consider the question of enacting a common civil code for all citizens of India holding that the issue raised being a matter of policy, it was for the legislature to take effective steps as the Court cannot legislate. 70. In the circumstances the review petition as also the writ petitions having no substance are hereby disposed of finally with a clarification regarding the applicability of Article 44 of the Constitution. All interim orders passed in these proceedings including the stay of criminal cases in subordinate courts, shall stand vacated. No costs. ORDER OF THE COURT 71.
In view of the concurring, but separate judgments the review petition and the writ petitions are disposed of finally with the clarifications and interpretation set out therein. All interim orders passed in these petitions shall stand vacated. * * * * * NOTE: The Supreme Court in John Vallamattom v. Union of India [ (2003) 6 SCC 611] has observed: “It is a matter of regret that Article 44 of the Constitution has not been given effect to. Parliament is still to step in for framing a common civil code in the country. A common civil code will help the cause of national integration by removing the contradictions based on ideologies. ” * * * * * Pinninti Venkataramana v. State AIR 1977 AP 43 B. J. DIVAN, C. J. Since both these matters raise a common point of law, both of them have been placed before the Full Bench for deciding the following question: Whether a Hindu marriage governed by the provisions of the Hindu Marriage Act, 1955 where the parties to the marriage or either of them are below their respective ages as set out in Clause (iii) of Section 5 of the Hindu Marriage Act, is void ab initio and is no marriage in the eye of law? In Crl. R. C. 190 of 1975, the facts are that the petitioner No. 1 was convicted by the Judicial First Class Magistrate, Rajam, for an offence punishable under Section 494 I. P. C. and petitioner No. 2 was convicted for an offence punishable under Section 494 read with Section 109, I. P. C.
Both of them were sentenced to rigorous imprisonment for six months. Both of them filed appeals and the appellate Court confirmed the convictions of both the petitioners, but modified their sentences to that of payment of Rs 200/- and in default of payment of fine, each of the petitioners was sentenced to undergo rigorous imprisonment for one month. Against their convictions and sentences, the petitioners came by way of revision to this High Court. 2. When the revision application came up before one of us (Muktadar J. ), on behalf of the petitioners, reliance was placed on the judgment of the Division Bench of this Court in P. A. Saramma v. G. Ganapatulu [AIR 1975 AP 193].
In that case, the Division Bench has held that a marriage, which is in contravention of Clause (iii) of Section 5 of the Hindu Marriage Act is void ab initio and is no marriage in the eye of law. Since it was felt that the view taken by the Division Bench was not in accordance with the provisions of the Hindu Marriage Act, the matter was referred to a larger Bench. Thereafter, the matter came up before Chinnappa Reddy and Punnayya, JJ. and, by their order dated March 22, 1976, they referred the matter to a Full Bench and thereafter the matter has come before us. 3. In Criminal Miscellaneous Petition No. 809 of 1976, the Ist petitioner is the husband and others are co-accused with him in a complaint filed by the Ist respondent wife in the Court of the Judicial First Class Magistrate, Siddipet, Medak District.
The Ist respondent in this Criminal Miscellaneous Petition filed a criminal complaint, C. C. No. 323 of 1976, in the Court of the Judicial First Class Magistrate, Siddipet, against her husband (Ist petitioner) and ten others alleging that her husband had committed an offence punishable under Section 494 of the Indian Panel Code and that the other accused had committed an offence punishable under Section 494 read with Section 109 I. P. C. According to the petitioner in this petition, at the time of the marriage i. e. in the year 1959 he was 13 years of age and the Ist respondent was 9 years of age. The husband contends that in view of the decision of the Division Bench of this Court in P. A. Saramma v. G.
Ganapatulu, the marriage between him and the Ist respondent was void ab initio and no marriage in the eye of law and hence the action of the Ist petitioner in marrying a girl did not amount to an offence punishable under Section 494. Under these circumstances, in this criminal miscellaneous petition, the petitioners have prayed that the prosecution in C. C. No. 323 of 1976 on the file of the Judicial First Class Pinninti Venkataramana v. State 24 Magistrate, Siddipet, be quashed. Since the question involved in this criminal miscellaneous petition is the same as the one raised in Criminal Revision Application No. 190/75, which stood referred to a Full Bench, this criminal miscellaneous petition was also directed to be posted along with the criminal revision application. It is under these circumstances that both these matters have been heard together by this Full Bench. 4.
In order to appreciate the rival contentions in these cases, it is necessary to refer to some of the provisions of the Hindu Marriage Act, 1955. The preamble of the Act shows that it is an Act to amend and codify the law relating to marriage among Hindus. Section 4 provides: Save as otherwise expressly provided in this Act,- (a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act; (b) any other law in force immediately before the commencement of this Act shall cease to have effect in so far as it is inconsistent with any of the provisions contained in this Act.
It is well settled law that the old Hindu law, as it prevailed prior to the enactment of the Hindu Marriage Act is to continue in force except to the extent to which that law was altered by the provisions of the Hindu law, as it prevailed prior to the enactment of the Hindu Marriage Act, 1955. It is in the light of this well settled principle that we have to approach the question that arises for our consideration. 5. Section 5 lays down the conditions for a Hindu marriage and it is in these terms: A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely; (i) neither party has a spouse living at the time of the marriage; (ii) neither party is an idiot or a lunatic at the time of the marriage; (iii) the bridegroom has completed the age of eighteen years and the bride the age of fifteen years at the time of the marriage; iv) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two; (v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two; (vi) where the bride has not completed the age of eighteen years, the consent of her guardian in marriage, if any, has been obtained for the marriage. Section 11 lays down as to when marriages governed by the Act are to be considered void marriages. It is in these terms: Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, be so declared by a decree of nullity if it contravenes any of the conditions specified in clauses (i), (iv) and (v) of Section 5. Pinninti Venkataramana v. State 25
It is thus clear that, by virtue of Section 11, any marriage which is solemnized in contravention of any of the conditions specified in clauses (i) (iv) and (v) of Section 5 is null and void and if a Court of competent jurisdiction is called upon to make a pronouncement, the court may, on an application presented by either party to the marriage, declare such a marriage to be null and void. Thus, out of the six clauses of Section 5, it is only in connection with clauses (i), (iv) and (v) of Section 5 that the Legislature has declared that the contravention of any one of the conditions mentioned in those three clauses will render the marriage null and void.
These, three situations are: (1) that neither party to the marriage has a spouse living at the time of the marriage ; (2) that the parties are not within the degrees of prohibited relationship, unless, the custom or usage governing each of them permits of a marriage between the two; (3) that the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two. It is only if the marriage solemnized after the commencement of the Hindu Marriage Act, 1955 contravenes any one of those categories of clauses (i) (iv) and (v) of Section 5 that under Section 11, it is to be treated as null and void. 6. Section 12 of the Hindu Marriage Act deals with voidable marriages. Sub-section (1) provides that any marriage whether solemnized before or after the commencement of the Act, shall be voidable and may be annulled by a decree of nullity on any one grounds specified in clauses (a) to (d).
Clause (b) of sub-section (1) provides that, if the marriage is in contravention of the condition specified in clause (ii) of Section 5, the marriage shall be voidable and may be annulled by a decree of nullity. Clause (c) provides that, if the consent of the petitioner or where the consent of the guardian in marriage of the petitioner is required under Section 5, the consent of such guardian was obtained by force or fraud, the marriage may be annulled by a decree of nullity. Clause (ii) of Section 5 requires that neither party is an idiot or a lunatic at the time of the marriage and clause (vi) provides that, where the bride has not completed the age of eighteen years, the consent of her guardian in marriage, if any, has to be obtained. 7.
Now the following points of distinction between Sections 11 and 12 have to be noted: (1) Section 11 applies only to marriages solemnized after the commencement of the Hindu Marriage Act; whereas Section 12 (1) applies to any marriage whether solemnized before or after the commencement of the Act and (2) whereas violation of the provisions of Clauses (i) (iv) and (v) of Section 5 renders the marriage null and void, violation of the different clauses of Section 5 mentioned in Section 12 (1) renders the marriage voidable and if the requirement of one or the other clauses of Section 12 are satisfied, the marriage may be annulled by a decree of nullity of a Court having competent jurisdiction. Now, it is worth noting that violation of clause (ii) of Section 5 renders the marriage viodable and not null and void. Though, under clause (vi) of Section 5, in case the bride has not completed the age of eighteen years, the consent of her guardian is obtained it is not the absence of the consent of the guardian that renders the marriage voidable, but it is only when the consent of the guardian in marriage, which is required under Section 5, is vitiated by force or fraud that the marriage is liable to be annulled by a decree of nullity on the ground that it is voidable. Even though none of the clauses of S. refers to the requirement of consent of the petitioner, it is only if the consent of the petitioner before the court is vitiated by force or fraud that the Pinninti Venkataramana v. State 26 marriage becomes voidable and liable to be annulled by a court of competent jurisdiction. It is thus clear that neither is Section 11 nor in Section 12 is there any provision for what is to happen if the condition regarding the ages of the parties to the marriage, by clause (iii) of Section 5, is voilated in any particular case. When the provisions of Sections 11 and 12 are read together, it becomes clear that, out of the six clauses of Section 5, violation of Clauses (i) (iv) and (v) renders the marriage null and void, whereas violation of clause (ii), renders the marriage voidable.
Voilation of clause (vi) in the sense that the consent of the guardian in marriage has been obtained by force or fraud, again renders the marriage voidable. But neither in Section 11 nor in Section 12 is there any provision for what is to happen if a marriage is soleminzed in violation of the provisions of cl. (iii) of Section 5. 8. It is true that the opening words of Section 5 would indicate that each one of the six clauses can be construed as laying down a condition precedent for solemnization of marriage. However, the legislature has given an indication in Section 11 that it is only contravention of clauses (i) (iv) and (v) of S. 5 that renders the marriage void ab initio i. e. ull and void and the court may subsequently declare the marriage null and void by a decree of nullity if either party chooses to present a petition in that behalf. The Legislature has also indicated that a marriage solemnized in contravention of clause (ii) of Section 5 does not render the marriage null and void, but renders it voidable and liable to be annulled by a decree of nullity; whereas, if the bride has not completed the age of eighteen years, it is not the absence of the consent of the guardian in marriage that renders the marriage voidable and liable to be annulled, but it is only if the consent of the guardian was obtained by (force) or fraud, in a case governed by clause (vi) of Section 5 that the marriage becomes voidable and liable to be annulled by a decree of nullity.
Thus the scheme of the Act is that it is not the violation of any one of the six conditions in Section 5 that renders the marriage null and void or voidable but it is only the violation of clauses (i), (iv) and (v) which renders the marriage null and void. Violation of clause (ii) renders the marriage voidable and violation of clause (vi) ipso facto does not render the marriage voidable, but it is only when the consent of the guardian, is obtained by force or fraud, that the marriage becomes voidable. In view of the scheme of the Act, we have to examine as to what are the consequences of violation of clause (iii) since the legislature in terms, has not provided for what is to happen in case of violation of clause (iii) of Section 5. The only indication that is to be found in the Hindu Marriage Act is in Section 18, which provides punishment for contravention of certain conditions.
But violation of clause (i) of Section 5, which requires that neither party has a spouse living at the time of the marriage is punishable not under Section 18, but under Section 17, which provides that any marriage between two Hindus solemnized after the commencement of the Act is void if, at the date of such marriage, either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code shall apply accordingly. It is noticeable that, in case of contravention of clause (i), both Section 17 and Section 11 provide that the marriage is void, but Section 17 further provides for punishment for such contravention. Thus, the Legislature has not thought fit to provide for punishment for any contravention of clause (ii) of Section 5. 9. This analysis of the different provisions of the Hindu Marriage Act clearly brings out the fact that the Legislature itself has made a distinction between contravention of tone or the Pinninti Venkataramana v. State 27 other clauses of Section 5 and such contravention is to be visited with different consequences.
In case of contravention of some clauses, the marriage is null and void and in case of contravention of some other clauses, it becomes voidable and in case of contravention of another clause, it is voidable if the consent of guardian is vitiated by force or fraud; but the Legislature, in terms, has not provided except by way of punishment in Section 18 for violation of Clause (iii) of Section 5. Therefore, it is not possible to read the different clauses of Sec. 5 as laying down conditions precedent. 10. It may be pointed out that, under the Child Marriage Restraint Act, 1929 which was in force prior to the enactment of the Hindu Marriage Act 1955, the legal position was that though the persons connected with the solemnization of a marriage in contravention of the provisions of the Child Marriage Restraint Act were liable for punishment, the marriage itself was not rendered void or null and void. 11. This position was clarified by the decision of Jagadisan, J. sitting singly, in Sivanandy v. Bhagavathyamma [AIR 1962 Mad. 400].
There, it was pointed out that a child marriage, though prohibited by Child Marriage Restraint Act is not rendered invalid by any provision therein and that the contravention of the provisions of that Act does not render the marriage invalid as the validity of the marriage is a subject beyond the scope of the Act. It was also laid down in that decision: A marriage under the Hindu law by a minor male is valid even though the marriage was not brought about on his behalf by his natural or lawful guardian. The marriage under the Hindu Law is a sacrament and not a contract. The minority of an individual may operate as a bar to his or her incurring contractual obligations. But it cannot be impediment in the matter of performing a necessary ‘samskars’.
A minor’s marriage without the consent of the guardian can be held to be valid also on the application of the doctrine of factum valet. Consequently the marriage of a Hindu minor cannot be held to be invalid for want of proof that his guardian consented to it. In this connection, Jagadisan, J. , relied upon the earlier decision of the Madras High Court in Venkatachayulu v. Rangacharyulu [(1891) ILR 14 Mad 316]. In that case, the facts before the Division Bench of the Madras High Court were that a Vaishnava Brahmin girl was given to the plaintiff in marriage by her mother without the consent of her father who subsequently repudiated the marriage. It appeared that the mother falsely informed the Brahman, who solemnized the marriage, that the father had consented to it.
It was held that the plaintiff was entitled to a declaration that the marriage was valid and to an injunction restraining the parents from marrying the bride to any one else. At page 318 of the report, the Division Bench observed: There can be no doubt that a Hindu marriage is a religious ceremony. According to all the texts it is a samskaram or sacrament, the only one prescribed for a woman and one of the principal religious rites prescribed for purification of the soul. It is binding for life because the marriage rite completed by saptapadi or the walking of seven steps before the consecreted fire creates a religious tie when once created, cannot be untied. It is not a mere contract in which a consenting mind is indispensable. The Pinninti Venkataramana v. State 28 erson married may be minor or even of unsound mind, and yet if the marriage rite is duly solemnized, there is a valid marriage. We respectfully agree with this statement of law as it prevailed prior to the enactment of the Hindu Marriage Act, 1955. As Jagadisan, J. pointed out in Sivanandy v. Bhagavathyamma, the doctrine of factum valet was applicable to a case of this kind. The doctrine of factum valet was quite well known to Hindu Law text-writers and the relevant Sanskrit quotation is: (I. )e. a fact cannot be altered by a hundred texts. The doctrine in the case of the marriage of a minor was that the factum of marriage, which was solemnized, could not be undone by reason of a large number of legal prohibitions to the contrary.
Under section 4 of the Hindu Marriage Act, it is only when there is a clear provision in the Hindu marriage Act that any text, rule or interpretation of Hindu Law or any custom or usage as part of that law in force immediately before the commencement of the Hindu Marriage Act shall cease to have effect in so far as it is inconsistent with any of the provisions of the Act. 12. In P. A. Saramma v. G. Ganapatulu, a Division Bench of this High Court consisting of Obul Reddi, C. J. and Madhusudan Rao, J. held that a Marriage between the bridegroom and the bride, if their ages do not satisfy the requirements of clause (iii) of Section 5, cannot be solemnized as it is prohibited under clause (iii) of Section 5, and that it is not necessary that, in the event of contravention of clause (iii) of Section 5, either party to the marriage should rush to the Court for declaring that marriage as null and void and that such a marriage is void ab initio and is no marriage in the eye of law.
The Division Bench proceeded to hold that violation of clause (iii) of Section 5 would render the marriage null and void ab initio, though no specific provision is made for the consequence of contravention of clause (iii) of Section 5 either in Section 11 or in Section 12. The learned Judges of the Division Bench read the different clauses of Section 5 as laying down conditions precedent. With respect, we are unable to agree with this conclusion of the learned Judges of the Division Bench in P. A. Saramma v. Ganapatulu. We find that the consequences of accepting the view of the Division Bench would be very serious. It is well settled principle in the law relating to marriages that the Court should lean against the interpretation of any provision of law which is liable to render innocent children of the marriages bastards. It seems that his aspect of bastardized children, who were otherwise innocent and who would be treated as illegitimate children of the couple was not present to the minds of the learned Judges who decided the case in P. A. Saramma v. G. Ganapatulu. At this juncture, it may be pointed out that, under Section 16 of the Hindu Marriage Act, where a decree of nullity is granted in respect of any marriage under Section 11 or Section 12 any child begotten or conceived before the decree is made who would have been the legitimate child of the parties to the marriage if it had been dissolved instead of having been declared null and void or annulled by a decree of nullity shall be deemed to be their legitimate child notwithstanding the decree of nullity.
It is obvious that this provision regarding legitimacy of children would not apply to children begotten by a couple that was married in contravention of the provisions of clause (iii) of Section 5, because neither Section 11 nor Section 12 provides for any consequence that might result from contravention of clause (iii) of Section 5 and the children would be bastards taking the view Pinninti Venkataramana v. State 29 that appealed to the Division Bench in P. A. Saramma v. G. Ganapatulu. 13. If each of the clauses in Section 5 is to be treated as a condition precedent, the violation of which would render the marriage void ab initio, the Legislature itself would not have given out its mind by providing for contravention of the different clauses of Section 5 differently. This is a further ground on which we respectfully disagree with the view taken by the learned Judges in P. A. Saramma v. G. Ganapatulu. 15. In Panchadi Chitti Venkanna v. Panchadi Mahalakshmi, Transferred Appeal No. 578 of 1973 and T. A. No. 46 of 1972 decided by Kondiah, and Lakshmaiah, JJ. on December 23, 1975 (1976 2 AWR 45), which arose out of matrimonial litigation, the husband sought to rely upon the decision in P. A. Saramma v. G. Ganapatulu. But the Division Bench consisting of Kondaiah and Lakshmaiah, JJ. distinguished that earlier decision on the ground that, in the case before them, the marriage was solemnized in 1953 prior to the enactment of the Hindu Marriage Act, 1955, and, therefore, the provisions of the Hindu Marriage Act would not apply and it could not be said that there was violation of clause (iii) of Section 5 of the Hindu Marriage Act, when the marriage was performed. 6. We find that barring the view taken by a single Judge of the Punjab and Haryana High Court in Krishni Devi v. Tulsan Devi [ AIR 1972 P & H 305] there is no other reported case taking the same view as the view which appealed to Obul Reddi, C. J. and Madhusudan Rao, J. P. A. Saramma v. G. Ganapatulu. On the other hand, we find that there are several decisions of the other High Courts including the decision of a Division Bench of the Punjab and Haryana High Court which have taken a contrary view. In Mohinder Kaur v. Major Singh [AIR 1972 P & H 184] the Division Bench of the Punjab and Haryana High Court consisting of Pandit and Gopal Singh, JJ. eld that the marriage in contravention of the clause is not a nullity and hence such contravention cannot be pleaded as a ground in answer to a petition for restitution of conjugal rights. The Division Bench further held: The question for decision is whether a contravention of Section 5 (iii) of the Act is a ground for judicial separation or for nullity of marriage or for divorce. If it is not so, then it cannot be pleaded in defence by the appellant to a petition for restitution of conjugal rights made by the respondent in this case. The grounds for judicial separation, nullity of marriage and divorce are given in Sections 10, 11 and 13 of the Act respectively.
The contravention of Section 5 (iii) of the Act does not admittedly find any mention in any of these three sections. It was also observed that the infringement of clause (iii) of Section 5 did not affect the tie of marriage itself and render the marriage either void or voidable. The view of a learned single Judge was confirmed by the Division Bench. But it must be pointed out that there is no elaborate discussion beyond what has been pointed out above in the decision of this Division Bench of the Punjab and Haryana High Court. 17. In Kalawati v. Devi Ram [AIR 1961 HP 1] the Judicial Commissioner of Himachal Pradesh held that the minority of the wife or of her guardian in marriage is by itself, not a ground for getting it declared null and void under Sec. 1 or for its annulment under Section 12 and there it could not be said that the Legislature was oblivious and had inadvertently omitted to provide for the avoidance of marriage on that ground of minority of the bride and Pinninti Venkataramana v. State 30 her guardian in marriage: that the omission was deliberate and that it is not for the Courts to scan the wisdom of the legislature and speculate on the reasons which led the legislature to make or not to make certain provisions. We find that the learned Judicial Commissioner has carefully gone into the different provisions of the Hindu Marriage Act and come to his own conclusions on these lines. 18. In Premi v.
Daya Ram [AIR 1965 HP 15] which was also decided by the then Judicial Commissioner of Himachal Pradesh, it was held: It was not the intention of the legislature that contravention of every and any condition, specified in Section 5 would render a Hindu Marriage void. The contravention of only any of the three conditions specified in clauses (i), (iv) and (v) of Section 5 would render a Hindu Marriage null and void. Therefore the marriage of a minor wife is neither void nor voidable, though it contravened the condition, specified in clause (vi) of Section 5 of the Act inasmuch as the consent of her guardian to the marriage was not obtained. 19. In Ma Hari v. Director of Consolidation [1969 All LJ 623], Satish Chandra, J. itting singly, held that, though the conduct of solemnizing a marriage in contravention of clause (iii) of Section 5 of the Hindu Marriage Act may result in the punishment of the marrying spouses, yet the marriage would not become null and void with its far reaching and serious consequences and that the marriage would remain valid in law and enforceable and recognizable in a court of law. The same view was also taken by the Orissa High Court in Budhi Sahu v. Lohurani Sahuni [ILR (1970) Cut 1215]. Sa Acharya, J. sitting singly held: Clause (iii) of Section 5, providing for the age of the bridegroom and the bride is thus specifically excluded from the operation of the provisions of Section 11 of the Act.
The conditions rendering a Hindu Marriage null and void mentioned in Section 11 of the Act are exhaustive, and it is only on those grounds a court can declare by a decree of nullity that a marriage solemnised after the commencement of the Act is null and void. Therefore, a marriage between a bridegroom, who has not completed the age of eighteen years and a bride who has not completed the age of fifteen years at the time of the marriage, coming within the provisions of clause (iii) of Section 5, and/or a marriage in which the permission as required under clause (vi) of the said section is not obtained, is not ipso jure, void under the provisions of Section 11 of the Act. 20. In Gindan v.
Barelal [AIR 1976 MP 83], a Division Bench of the Madhya Pradesh High Court held that a marriage solemnized in contravention of age mentioned in Section 5 (iii) is neither void ab initio nor even voidable; that such violation of Section 5 (iii) does not find place either in section 11 or in Section 12 of the Act; that it is only punishable as an offence under Section 18; and that the marriage selemnized would remain valid, enforceable, and recognizable in Courts of law. 21. This review of the case law discloses that barring a single Judge of the Punjab and Haryana High Court in Krishni Devi v. Tulsan Devi and the Division Bench of this Court in P. A. Saramma v. G. Ganapatulu in all other reported cases, different High Courts have held that the contravention of clause (iii) of Section 5 does not render the marriage void ab initio or voidable. In our opinion, the view taken by these different High Courts is correct and we Pinninti Venkataramana v. State 31 got confirmation of the view, which we are adopting on the basis of the reasoning set out hereinabove, from the decisions of the different High Courts. 22.
It may be pointed out that when the provisions of the Hindu Marriage Act were extensively amended in 1976, by the Marriage Laws (Amendment) Act, 1976 (Act No. 68 of 1976) the provisions of clause (iii) of Section 5 have not been interfered with. Section 13 of the Hindu Marriage Act, which provides for different grounds on which decree for dissolution of marriage can be granted, has been amended and under sub-section (2) of Section 13, a new clause (iv) has been inserted so that after the amendment, a wife may present a petition for dissolution of her marriage by a decree of divorce on the ground that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the ge of eighteen years and the Explanation to clause (iv) provides: This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, “This clause (iv) inserted in sub-section (2) of Section 13 clearly indicates the mind of the Legislature that the violation of Clause (iii) of Section 5 is not to render the marriage either void or voidable; but in case the bride was below the age of fifteen years at the time of solemnization of the marriage and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years, a decree for divorce can be obtained, whether the marriage was consummated or not. If the marriage performed in contravention of clause (iii) of Section 5 was void ab initio, there was no necessity to insert clause (iv) in sub-section (2) of Section 13.
It may be pointed out that, by insertion of this clause (iv), the Legislature has given to Hindu besides an option of what is known in Mohammadan Law as Khyar-ul-bulugh (Option of Puberty). But the Legislature has not proceeded on the footing that the marriage between the spouses, when it is performed in violation of clause (iii) of Section 5, is void ab initio. This amendment reinforces and confirms the view that we are taking on a pure interpretation of the different provisions of the Hindu Marriage Act, 1955 even as it stood prior to its amendment by the Marriage Laws (Amendment) Act 1976. 23. For these reasons we hold that the decision of the Division Bench of this High Court in P. A. Saramma v. G.
Ganapatulu does not lay down the correct law and it must be held that any marriage solemnized in contravention of clause (iii) of Section 5 is neither void nor voidable, the only consequence being that the persons concerned are liable for punishment under Section 18 and further if the requirements of clause (iv) of sub-section (2) of Section13, as inserted by the Marriage Laws (Amendment) Act 1976 are satisfied, at the instance of the bride, a decree for divorce can be granted. Barring these two consequences, one arising under Section 18 and the other arising under clause (iv) of sub-section (2) of Section 13, after the enactment of the Marriage Laws (Amendment) Act, 1976, there is no other consequence whatsoever resulting from the contravention of the provisions of clause (iii) of Section 5. Under these circumstances so far as Criminal Revision Case No. 190/75 is concerned, the matter will now go before a single Judge for decision according to law as explained by us. So far as Criminal Miscellaneous Petition No. 09/76 is concerned, the only ground on which the order of the Judicial First Class Magistrate, Siddipet, is sought to be quashed is that the Pinninti Venkataramana v. State 32 marriage between the parties was void, since the marriage was solemnized in 1959 when the bridegroom was 13 years of age and the bride was 9 years of age and relying upon the decision in P. A. Saramma v. G. Ganapatulu it was sought to be argued that the complaint filed by the wife alleging that the husband had committed an offence punishable under Section 494 I. P. C. and that the other accused had committed an offence punishable under Section 494 read with Section 109, I. P. C. must be quashed.
This relief cannot be granted in the view we have taken. Criminal Miscellaneous petition No. 809/76 is therefore, dismissed. Ordered accordingly. * * * * * Asha Qureshi v. Afaq Qureshi AIR 2002 MP 263 V. K. AGARWAL, J. – This appeal is under S. 29 of the Special Marriage Act, 1954 (“Act”), is directed against the judgment and decree dated 14. 10. 1996, in Civil Suit No. 59- A/90, by Fourth Additional District judge, Jabalpur, declaring the marriage between the parties as null and void, by a decree of nullity. 2. Facts not in dispute are that the parties were married on 23. 1. 1990 at Jabalpur, in accordance with the ‘Act. ’ They lived as husband and wife for a period of about one year.
Subsequently, the relations between the parties became strained and they started living separately. The respondent filed a petition under Ss. 34 and 25 of the ‘Act,’ seeking a decree of nullity and of declaration of their marriage as null and void. It was averred by the respondent/husband that after the marriage between the parties on 23. 1. 1990, the respondent/husband came to know that the appellant/wife was already married to one Motilal Vishwakarma. Motilal Vishwakarma had died prior to marriage of the parties. It was further averred by the respondent/husband that the fact of her marriage with Motilal Vishwakarma was suppressed by the appellant/wife, and that the respondent/husband agreed to marry her believing that she was a virgin.
It was averred by the respondent/husband that the appellant/wife by suppressing from him the aforesaid fact has exercised fraud on him. 3. The appellant/wife denied the allegations as above. It was denied by her that she suppressed any material fact or exercised fraud. According to her, at the time of marriage of parties the respondent/husband was fully aware that the appellant/wife is a widow. 4. The learned Trial Court framed several issues in the case including as to whether the appellant/wife suppressed the fact that she was a widow and married the respondent/husband by practicing fraud? Some other issues were also framed which are not relevant for the disposal of this appeal. 5.
The learned Trial Court held that the appellant/wife suppressed the fact of her earlier marriage with Motilal Vishwakarma, and thus the consent of the respondent/ husband for the marriage was obtained by fraud. 6. The learned counsel for the appellant/wife assailed the finding as above. It was submitted that the appellant and the respondent were known to each other for a long time prior to the marriage and the respondent/husband was fully aware that the appellant/wife was married earlier and her first husband had died. It was, therefore, submitted that there was no suppression of any material fact so as to constitute exercise of fraud by the appellant/wife. 7. The learned counsel for the respondent/husband however, supported the impugned judgment.
It was submitted by the learned counsel for the respondent/husband that material facts, viz. her earlier marriage were never intimated by her to the respondent/husband. It was submitted that had the respondent/husband known about the earlier marriage of the appellant, he would not have entered into marital ties with her. It was, therefore, submitted that the trial Court was justified in holding that consent of the respondent/husband for marriage was obtained by the appellant/wife by exercising fraud. It would be useful to reproduce S. 25 of Asha Qureshi v. Afaq Qureshi 34 the Act which lays down the conditions in which the marriage solemnized under the ‘Act’ be avoided 8.
The respondent/husband appears to have prayed for the decree of nullity of marriage under S. 25(iii) of the ‘Act. ’ It has, therefore, to be considered as to whether consent of the respondent was obtained by fraud as defined in the Indian Contract Act, 1872? 9. Section 17 of the Indian Contract Act defines ‘fraud’ as below: 17. ‘Fraud’ – ‘Fraud’ means and includes any of the following acts committed by a party to a contract, or with his connivance or by his agent, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract – (1) The suggestion, as a fact, of that which is not true, by one who does not believe it to be true, 2) The active concealment of a fact by one having knowledge or belief of the fact, (3) A promise made without any intention of performing it, (4) Any other act fitted to deceive; (5) Any such act or omission as the law specially declares to be fraudulent. Explanation – Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that regard being had to them, it is the duty of the person keeping silence to speak, or unless his silence is, in itself, equivalent to speech. ” 10. Therefore, the question that arises for consideration is: as to whether the appellant/wife suppressed the material fact, i. e. her earlier marriage with Motilal Vishwakarma and whether the suppression as above would amount to fraud? 11. It may be noticed that the respondent/husband Mohd. Afaq Qureshi (AW/1) stated that he married the appellant/wife on 23. 1. 1990 under the ‘Act. ’ They resided together for about 7 or 8 months. A dispute thereafter arose between them as the appellant/wife had suppressed that she was already married with Motilal Vishwakarma. He states that thereafter a document captioned as ‘Iqrarnama’ (Ex. P/1) was executed by the appellant/wife. The said document bears signature of the appellant/wife as well as of Jugal Kishore – the brother of the appellant/wife as well as one Mohd. Salim. During cross-examination, the
How Did Ideology Fuel the Vietnam War? history essay help: history essay help
France regained control of the region after the Japanese were defeated in the Second World War. In an attempt to regain to national pride after a demoralizing second world war in which French nationalism was dealt a great blow. The leader of the resistance against both the Japanese and the French was Ho Chi Minh. He became immensely popular in Vietnam. Ho Chi Minh was communist with a very strong nationalistic paradigm. He fought against French domination, and defeated the French in1954 at Dien Bien Phu. A conference was convened in 1954 in Geneva, Switzerland, to solve the problems in Vietnam.
Of course the bulk of Vietnams north was held by a very able (as he showed in the ensuing war) leader who was extremely nationalistic for all intents and purposes one chosen by the people of Vietnam themselves especially in the north and becoming increasingly so in the south where the puppet government set up by America was alienating much of its people. The prospect of an organization of foreign powers deciding on what should be done to Vietnam without including this leader just because of his Ideological differences was a factor of the disintegration from crises to war.
According to the United Nations in 1954 Vietnam was to be divided at the 17th parallel, and free elections were to be held in two years. However these free elections never took place. The United States feared the more populous north would win a free election, causing Vietnam to become communist. If those elections had taken place the war would have never happened however the dichotomous landscape of international relations as pertaining to ideological paradigms caused turned this crises into a war.
By 1966, there were almost half a million US troops in Vietnam fighting against the North Vietnamese. Over a million Vietnamese civilians and 58 000 US soldiers died during the war. The war resulted in the communist north––which received weapons and supplies from the Soviet Union and communist China––taking control of all of Vietnam in 1975. That conclusion would have been reached once the free elections had taken place without the bloodshed. The Nationalistic Ideology of Ho Chi Minh having been affronted by the American led International response and the American fear of the communistic Ideology.
The Chinese war exertions fueling the war by supplying and almost single handedly keeping the North Vietnamese alive in the spirit of keeping alive their ideological brothers alive. The United States of America loosing 58000 men and billions of dollars in order to assuage keep alive their propagated ideology that suited their needs economically and giving them power geopolitically by allowing their business to take over in the country giving them leverage over the countries government while enriching themselves.
All these points have to do with ideologies and how it helped fuel the war. The Vietnam war was one that was stoked heavily by the extreme Ideological differences by all parties whether it be a nationalistic ideology or a socio-economic one as displayed by the Soviets, China and the USA all parties stoked the conflict through their Ideology.
Peste Brazil my essay help uk: my essay help uk
Brazil’s economy outranks all other South American countries, and it is expanding its presence in world markets. Since 2003, Brazil has steadily developed its macroeconomic stability, building up foreign reserves, and reducing its debt profile by shifting its debt burden towards real denominated and domestically held instruments. As the world’s largest economy and fifth largest country, Brazil is a regional economic power. It is because of its abundant agricultural, mineral, and energy resources that have led to the development of an extensive industrial base, diversified economy, and infrastructure.
Lower inflation coupled with a strong currency regime, reduction in the government debt, and high commodity prices have all contributed to stable economic growth. Living standards have risen and a growing middle class has emerged leading to Brazil having moderately free markets and an inward-oriented economy. Today, Brazil is developing rapidly and it still produces and exports a great deal of coffee and sugar, as well as a vast amount of beef. It is also very rich in minerals such as gold and gemstones. Automotive manufacture is also an important industry in Brazil.
Other industries include iron, chemicals, aerospace, textiles and cement. Music is important in Brazilian culture. Sports are also very popular in Brazil, the most prominent being football. Brazil is the host of the FIFA World Cup 2014 and the Olympic Games of 2016. Political Stability of government Brazil is governed by a President, who will be elected once every 4 years, and 20 key ministers. Since October 2010 Dilma Rousseff of the Partido dos Trabalhadores (PT) has been governing Brazil, making it PT’s third successive term. She is reportedly ranked 18 on the Forbes Powerful People list and ranked 3 on the Forbes Power Women list.
She is also very popular among Brazilians, with 75 percent of them voted that they trust her leadership and 63 percent indicating that they view her government favourably. This indicates that there is a stability of government in the host country, bringing assurance for companies that wants to invest in Brazil. Social stability Brazil has four major labour unions which include: Sindicato dos bancarios (Banker’s association), Sindicato dos metalurgicos (Metal worker’s association), Sindicato dos comerciarios (Commerce worker’s association) and Sindicato dos professores (Teacher’s union).
These four major labour unions are affiliated to three major organisations namely: Central Unica dos Trabalhadores (CUT), Coordenacao Nacional de Lutas (Conlutas) and Forca Sindical. Early this year, 50,000 Brazilians went on a march for labor rights. A total of six organization incuding CUT were involved in the organization of the march. However, marches by labour unions are not common in Brazil, lowering the operating risk. Brazil has also been famous for their tyrant drug lords and they have been a threat to the social stability as they sell drugs at a cheap rate to residents.
It was also reported that when the drug addicts are desperate for drugs, they will rob homes and kill each other leading to an increase in crimes rates. The increase in crime rates will lead to an ownership risk. In attempts to improve the social stability, Brazilian police have made an effort to track down wanted drug dealers. On 11 May 2012, the Brazilian police killed a drug lord in an operation with a machine gun fire from a helicopter. This has raised awareness on the way the police carries out with their duties and it hightlighted the country’s security.
However, on 9 May 2013, a video was posted on the internet showing how the police managed to stop a plane with their car. The plane contained over 230 kilograms of cocaine base paste. This case highlighted the police efficiency and effectiveness, redeeming its reputation. Relationships between governments Brazil is a member of Mercosur, an economic and political agreement among Brazil, Argentina, Paraguay, Venezuela, Uruguay and Bolivia. Member countries are all Brazil’s neighbouring countries and Mercosur purpose is to promote free trade and the fluid movement of people, currency, and goods within its members.
Other than maintaining good neighbouring countries relationships, Brazil also maintains good relationship with their major trading partners. Brazil major trade partner includes EU, United States (US), Japan, China and Argentina and it maintains good bilateral ties with them. Brazil knows that US is an important major trade partner and history of their bilateral ties dates back to Pre-World War II period. Their good bilateral ties could also be seen by the setting up of the Brazil – U. S. Business Council. On 25 of April 2013, Argentina and Brazil president have met up to talk about bilateral ties, reaffirming strong political ties.
Brazil also maintained good bilateral ties with China and it can be seen from Appendix 1. 1. Participation in International Organisations According to Central Intelligence Agency (CIA), Brazil is a member of 70 International organisations such as United Nations (UN), World Trade Organisation (WTO), Food and Agriculture Organization (FAO) and Group of Twenty Finance Ministers and Central Bank Governors (G20). In 1945, Brazil was one of the founding members of the UN. Since 1 January 1995, Brazil has been a member of WTO. This would assure investors as this shows Brazil seriousness in wanting to trade.
Furthermore, Brazil has to follow the organisations rules and regulations. Legal environment Brazil has been rated by Economist Intelligence Unit as ‘C’ in terms of the level of riskiness in 2012. This shows that over the next two years, there might be possible developments that might substantially change the environment of operating business. This is probably because of Brazil unclear legal and regulatory. Audi CEO has reportedly indicated that the unclear laws and regulations make it impossible for the company to set up a vehicle assembly there.
In terms of World Competitiveness Ranking, the country scored 4. 4 out of 7 in years 2012/2013 despite government inefficiency, high inflation rate and low quality of infrastructures. Brazil jumped 5 spots to be ranked 48 out of 144 countries due to the rise in the use of Information and Communications Technology, easy financing access a fairly sophisticated business community and is one of the world’s largest internal markets. It was reported that ICT is use in Brazil’s education system, highlighting the country’s improvement. Looking into the ease of doing business, Brazil is ranked 128 in 2012.
It now takes 13 procedures and 119 days to start up a business instead of 17 procedures and 157 days. French chef Pierre Cornet-Vernet mentioned to BBC news reporters that “It’s like a game” to set up a factory and confectionary in Brazil. Both operations have to be registered as a separate business and tax rate for the items he sells are different for each product. According to Transparency International, Brazil ranked 69 out of 174 countries in terms of the corruption level. It has done better than majority of the countries but corruptions score is a low 43, indicating that Brazil has serious corruption problems.
The corruption score improved since 2010 and this could be due to Dilma Rousseff efforts to reduce corruptions. In 2011, Dilma Rousseff removed four ministers as they have been accused to misusing of public funds by the media. In 2012, a number of officials have also been repordely dismissed as they were accused of influence peddling, fraud and corruption. When it comes to government intervention in availability and content of info, The Brazilian Institute of Geography and Statistics (IBGE) offer limited number of statistical data.
Even though it frequently updates their website with data such as IPCA, IPP and PME (refer to appendix 1. 2), it does not update many other data such as population data (refer to appendix 1. 3). Economic When investing in a country, it is important to look at some major indicators to determine the country’s attractiveness. Appendix 1. 4 shows the important indicators that are beneficial to companies who wish to invest in Brazil. Population A market represents the number of potential consumers companies can reach out to. If a country has a high population, it would translate into a bigger market for companies.
This indicator is important for companies who want to set up operations in Brazil because it helps them to estimate the number of consumers they can expect to sell their goods and services to. Since 2010, Brazil’s population have been increasing at a steady rate of 2 to 3 million each year. As of July 2012, Brazil’s population reached 199,321,413. The number is expected to rise to 201,009,622 in July this year. This means that the market size is increasing and companies can expect more consumers to purchase their goods or services, making it more attractive for companies that want to invest in Brazil.
Unemployment When unemployment rate increase it shows that more local / foreign companies are investing in Brazil. This is an important indicator for a company that wants to invest in Brazil because is a gauge of whether the government policies are stable and effective. Brazil unemployment rate reached its decade low at 2012, with a low rate of only 5. 5%, down from 2011 rate of 5. 97% and 2010 rate of 6. 742%. However, this rate is expected in increase to 6% this year and 6. 5% in year 2014, making it unattractive for companies that wants to invest in Brazil.
The unemployment rate may be due to Brazil’s lack of skilled labours. Currently, Brazil is experiencing a lack of skilled labours and the government is making effort to lure foreign highly skilled workers to Brazil. Economic Growth Rate An economic growth rate provides insight into the general direction and scale of growth for the overall economy without looking at inflation or deflation. The economic growth rate is essential for a company that wants to invest in Brazil as it shows the economic progress of a country. The indicator used to identify the economic growth is GDP growth rate.
In 2010, Brazil registered a GDP growth rate of 7. 5%, this decrease to 2. 7% in 2011 and continues to decrease in 2012, to 0. 9%. If the GDP growth rate continues to stay at a slow rate, Brazil will be unattractive to companies as the economy is not growing well. However, it is estimated that the GDP growth rate would be 3. 10% this year and 3. 65% in year 2014, showing some signs of optimism for investors. Purchasing Power Purchasing power gives companies an estimate of how much a citizen of Brazil will spend. It is important as it helps to access the country’s standard of living.
The higher the purchasing power, the more an average consumer would spend, vice versa. For purchasing power, the indicator used is GDP per capita. However, this might not be an effective as there might be outliers in the statistics, causing the data results to be reliable to a certain extent only. Brazil’s reported 2010 GDP per capita was $11,216. 095 and 2011, it increases to $12,594. A $515 decrease was seen when 2012 rate was compared with 2011’s. This indicates that Brazilians purchasing power has decreased. However, GDP per capita is expected to increase this year by $261. 83 to $12,340. 183 and a continual rising to $12,994. 678 in 2014, showing future investors a positive outlook. Inflation rate Inflation rate shows the rate at which prices of a group of specific goods and services have increased over a year. If countries have high inflation rates, it may appear unattractive to companies as this would translate into higher cost of production, a decrease in the value of profits, a higher cost of capital, an erosion of consumers’ purchasing power and pressure from employees to increase wages. The inflation rate in Brazil is not stable.
It increased by 1. 6% from 2010 to 2011, decreased by 1. 1% from 2011 to 2012 and had once again increased to 6. 59% as of March 2013. However, the forecast inflation rate of 2014 is expected to be 4. 5%, a 2. 09% decrease from the March 2013 rate. This is not a good sign as a high inflation rate had led a sharp rise in the price of food and other consumer items. It will also make Brazil less attractive to companies whom want to maximise profit as they would need to spend more on cost of production. Degree of consumer optimism
The degree of optimism reflects on how consumers feel about the economy and their personal financial situation which will directly affect the consumers’ spending activity. If the degree is high, consumers are expected to spend more, save less as they feel secure. One such indicator that calculates the degree of consumer optimism is the Consumer Confidence Index (CCI). As profit has always been at the back of the mind of companies, this indicator will allow company to see if consumers are willing to spend. When compared with the 4 year available CCI, November 2012 saw the CCI reaching its peak at 120. , indicating consumers degree of optimism. Currently, the estimated CCI for May 2013 is 113. 4, which is a decrease from 2012 figures. Balance of Payment (BOP) BOP shows investors the economic health of a country; it measures the total flow of money coming into the country minus the total flow of money going out of the country. It shows the amount of companies investing Brazil, the import and export figures, investment income and expenditure, portfolio investment and capital of Brazil which are important to companies that wants to know more about Brazil’s financial health.
There is a decrease in exports and an increase in imports from 2011 to 2012 which shows that the government has been spending more than earning. This might be one of the causes of the slow GDP growth. A deficit in CA has cause a fall in value of currency. However, the 2011 deficit was fully financed by foreign direct investment, which presented strong inflows throughout the year in a demonstration of continued foreign investor confidence in the Brazilian economy. In 2011, FDIs investments reach $66. billion, an $18. 1 billion increase from the previous year. However, foreign investors were less confident about Brazil in 2011 when it came to portfolio investments. The net inflow of portfolio side in 2011 amounted to 17. 5 billion, a sharp decrease in 2010 which was 67. 8 billion. Many foreign investors pulled out of Brazilian stocks and bonds in 2011 as the government hiked taxes on different investment options during the course of the year. From 2011 to 2012, FDI slightly decrease by approximately 1 billion.
It was enough to cover its current account deficit. Foreign investment has remained steady in Brazil as investors see more opportunities in the South American rather than in Europe or United States. Brazil is expected to keep attracting foreign capital in coming years due to the 2014 World Cup soccer tournament and the 2016 Olympics. Socio-Cultural Factors Language Portuguese the official language of Brazil is the mirror of Brazil’s culture, it is the main means of communication among individuals (spoken by more than 99% of the population).
Brazil also emphasizes on high context when it comes to doing business. Its agreement is based on trust, negotiations are slow and rituals and they values personal relations and goodwill. In Brazil, low emphasis is placed on punctuality and precise plans. Meetings are also often hindered or cancelled without any preceding warning. Value and attributes The Brazilians values relationship and that it is essential to get to know a business partner personally and professionally. Brazil is a society that places great positioning of family in the social structure.
It practices nepotism where family members are found to be working in the same company as this signifies a sign of trust, which Brazilians highly values. Due to economic instability, hyperinflation and difficult government policies, Brazilians focuses more on short term rather than long term planning, making them present-orientated. Manners and Customs In Brazil, Brazilians prefer to entertain business partners in restaurants rather than at their homes. However, if entertained at home, it is polite to send flowers thanking the host.
Brazilian men and women greet each other by exchanging kisses by placing their cheeks together and kissing the air. Religion and Beliefs 73. 6% of the people in Brazil are Catholic whereas the minorities are Protestant, Spiritualist and Bantu/voodoo. As Catholicism is the predominant religion in Brazil, many of events held in Brazil have a strong Catholic influence. (Refer to appendix 1. 5) Technology Infrastructure According to the World Economic Forum, Brazil Networked Readiness Index (NRI) increased by 5 ranks in 2013, the nation is current ranked 60 out of 142 countries.
This shows the improvement in the readiness to use ICT to boost competitiveness and well-being. In 2011, Brazil, the 6th biggest civil aviation industry in the world, carried 87 million passengers. It is also the top 25 list of the world’s largest freight industries. (Appendix 1. 6) In time for the 2014 FIFA World Cup in Brazil, Brazil airports will see an array of improvements in infrastructure and services in the near future, thanks to the Logistics Investment Program: Airports, launched on Dec. 20, 2012 by Brazil president.
The program saw Brazil opening two of its international airports, Rio de Janeiro’s Galeao airport and Belo Horizonte’s Confins airport, to private investors for modernising planning. Many reputed international companies have recorded high growth in Brazil’s telecommunication industry as the number of broadband subscribers per 100 subscribers has increased by 30 percent. (Appendix 1. 7) Brazil is ranked 45 out of 155 countries and scored 3. 13 in the World Bank’s logistic performance index (LPI). The score is a 0. 7 decrease when compared with its 2010 score. Information Technology (IT)
Brazil takes up more than 45% of total money in Latin America’s IT market, making it the largest in the region. The country, an innovator and early adapter of new technologies, seen an 11% growth in the Information and Communications Technology (ICT) sector for the period 2008-2013. In April 2013, Brazil’s Ministry of Science, Technology and Innovation announced that it is willing to invest $78 million for locals and foreign companies to build tech companies catering to the Brazilian consumer and creating local jobs. This will benefit the locals who would have a job and higher technological goods.
It will also benefit foreign investors who need funding. Skill level of workforce According to the World Bank, Brazil Technicians in Research and Development (R&D) (per million people) have increased by 110 (per million people) from 2008 to 2010. (Appendix 1. 8) This shows that more and more people are taking up higher skilled jobs. Environmental Ranking in number 9 on the top ten countries that faces the most natural disasters, Brazil has one of the most natural disasters that affects the life and property of many people living in it. Deforestation
One of the major and current issues faced in Brazil is deforestation. Even though Brazil deforestation rate has decreased nearly 80% since 2005, Brazil still has one of the highest rates of deforestation in the world. To stop this phenomenon, the Brazilian government strives toward the preservation and sustainable development of the Brazilian biomes. Pollution Pollution from industry and vehicle exhaust fumes is a problem in Rio and Belo Horizonte. Since 1976, the government made it mandatory to blend anhydrous ethanol with gasoline, fluctuating between 10% to 22%.
In order to solve the problem, the government of Brazil has implemented a policy to reduce daily traffic usage by rotation system. In the rural areas, pesticides and industrial waste and the degradation of aquatic ecosystems due to the installation of hydroelectric plants led to water pollution. Additionally, heavy shipping activities and offshore oil drilling caused many marine species to be endangered due to the oil spills. Poor waste management Another environmental issue faced by Brazil is the poor waste management.
To address this issue, international organizations such as United Nations Environment Program (UNEP) has been working with Brazil to create a sustainable waste management system that promotes environmental preservation and conservation along with the protection of public health. Natural disasters Due to the frequent occurrence of natural disasters, businesses in the affected area will definitely be affected. In January 2011, there was a flood in the mountainous resort areas north of Rio de Janeiro which led to the death of 800 due to mudslides and floods.
Fortunately, businesses such as the hotel operations managed to recover from the disaster in and around 85% of the affected hotels resumed operations within 30 days. Beside the efficient crisis teams, the Brazilian governments also help in the recovery of the affected cities and promote actions to rebuild the tourism image of the region through international and national campaigns. Conclusion To conclude, Political, Economic, Socio cultural, Technological and Environment (PESTE) plays an important role in any countries attractiveness for investment. Lacking in any of these factors, especially political factor, will cause a lost in investors.
After looking at Brazil PESTE factor, our group concludes that Brazil is a feasible place to invest in. Political Brazil has a stable government, stable labour unions, maintains good relationships with neighouring countries and major trading partners, participates in international organisation and an improving legal system. Even though Brazil’s legal system may not be very attractive, it is certainly improving. This could be due to President Dilma efforts to remove corruptions and improving the ease of doing business. However, companies that want to invest in Brazil must be prepared to face possible delays and unexpected taxes.
The nation’s good relationships with neighbouring countries and major trading partners will give investor a peace of mind and will reduce Brazil to countries transfer risk. However, Brazil is lacking in the area of security, which leads to high ownership risk due to the prominent influence of drug lords. The government can help to improve Brazil’s social stability by allocating a higher budget to the Ministry of Defense. allowing the Police to purchase better equipment and machinery. Additionally, the ministry can also consider sending the police for enhancement courses so that they will know how to deal with various situations better.
It will also improve the police effectiveness and efficiency to ensure and this will in turn result in a lower crime rate. Economic This year, Brazil’s GDP growth and GDP per capita are expected to rise, showing signs of optimism for countries that wants to invest in Brazil as it shows that the economy is growing and that consumers will spend more on goods and services investing companies produce. Even though Brazil inflation rates are relatively high now, the number is expected to decrease in 2014. This would bring ease for investors, who want to invest in Brazil as investors can expect lower cost of production, maximising their profits.
Additionally, companies will not be hit by current inflation price directly because it takes a long time before companies can start their operations in Brazil. The constant increase in population is a good sign for investors as it shows the increasing market. Additionally, Brazil’s CCI does not fall below 100, making Brazil relatively optimistic and safe for investors who want to invest in the country as the can be assured that they are reaching out to a market that would buy their goods and services.
The higher unemployment rate is unattractive and will affect a company’s decision on whether they should invest in Brazil because it shows that it the country’s government policies may not be working well. Additionally, the lack of skilled labour can be factor as it indicates that top management post may not be filled up and this can be worrying because in a high context business environment like Brazil, it is better to have locals filling up the managerial position. Companies should invest in Brazil as it will help to improve Brazil’s economy.
With more foreign direct investments, it will help to create jobs for people in the country and it will improve their standard of living. On top of that, it will help to curb inflation rate and reduce cost of living in Brazil. The government can try to cut down on its spending on imports to close its current account deficit gap which will increase its currency value. It is a good chance for foreign investors investing in Brazil especially with the upcoming 2014 World Cup soccer tournament and 2016 Olympics. A lot of tourists will visit Brazil during that period of time and spent their money in that country thus increasing their revenue.
This will in turn improve Brazil’s economy. Therefore with their stable economy for the past three years, Brazil is a suitable country to invest in. Socio -Cultural Primarily, after analysing, the social –cultural factor of Brazil, our group feels that if companies that want to break into the Brazilian market should have the connections or relationship even before entering the market. Additionally, the companies should get a Portuguese spoken employee to represent them in the country so as to gain market insight and building relationships.
Due to Brazil high context culture, employees that represent the company for discussion in Brazil should have high patience. High patience is essential as Brazilians place low emphasis on punctuality and meetings could be delayed or cancelled without prior warning. Initially, companies may face some difficulties establishing relationship as it may be deemed as “troublesome”. However, it is a long term benefit after a relationship has been established. Technology Brazil infrastructure has been improving and this is a good sign.
Infrastructures are important as it is the structure of a country and it will make transportation of goods easier, improving the country’s efficiency, making it attractive for foreign investors. The increase in the number of people in R&D gives investor a positive outlook as it shows an increasing number of Brazil’s skilled labour. But investors must keep in mind that there is still an overall shortage of skilled labour. However, the decrease in Brazil’s LPI could be a worrying factor for companies that want to invest in Brazil. Companies that want to invest there must be prepared to face logistics issues.
Environment Environmental issues are difficult to manage because natural disaster cannot be prevented. From the 2011 recovery case, we can tell how experience Brazil’s management companies are in such downturn issues. The fact that they managed to resume business within a month, even though the area is heavily damaged, shows that the companies have good crisis management plans. With its good unexpected crisis management, this proved to be one of the strengths that the Brazilian companies possess that will put foreign investors’ mind at ease.
Theory Z William Ouchi essay help 123: essay help 123
Theory X The Theory X manager assumes that the only motivation that works for employees is $$money$$. Theory Y The Theory Y manager assumes that employees are motivated by their needs to fulfill their social, esteem, selfactualization, and security. The Theory Y manager believes that employees see work as a natural activity and will seek out opportunities to have increased responsibility and understanding of their tasks. The Theory Y manager believes that workers will respond best to favorable working conditions that do not pose threats or strong control.
Theory Z The Theory Z manager assumes that employees are motivated by a strong sense of commitment to be a part of something worthwhile — the self-actualization need. The Theory Z manager believes that employees will not only seek out opportunities for responsibility, in fact, they crave opportunities to advance and learn more about the company. The Theory Z manager believes that employees should learn the business through the various departments, come up through the ranks slowly, and that the company will get the best benefits from that employee by making it possible for him/her to have “lifetime employment. The result will be strong bonds of loyalty Workers’ attitude toward work. The Theory X manager assumes that the employees dislike work, avoids responsibility, and seeks only security from work (the paycheck! ). The Theory X manager believes that workers will only respond to coercion, control, direction (telling them exactly what to do), or threatening punishment or firing. What will work with employees: Theory Z Lecture Notes Page 2 developed by long-term employment and shared responsibility for decisions.
Big Ah-Ha’s! Theory X Managers assume the average worker · · · · · is gullible and not very bright. is indifferent to the organization’s needs. dislikes work. is motivated only by financial incentives. must be closely supervised. Theory Y Managers assume the average worker: feels work is natural. can enjoy work. is motivated by the desire to do a good job. · might do a better job if control is minimized. · has potential for development and advancement. · · ·
Theory Z Managers assume the average worker wants to be involved in managing a company and building trust among all organizational members is cent ral to raising productivity. “Ah-Ha ? ” How does Theory Z stand up against the baby boomers and Gen Xers in terms of the work ethic? a Pamela A. Braden, WVUP, 2000. No part of this material may be reprinted or r eproduced without written permission Email: roghani@live. co. uk asghardir@hotmail. com for any assistance plz do ask.. Good luck
Animal Experiments – for & Against writing an essay help: writing an essay help
Due to these tests on animals it has helped to develop vaccines to fight against different diseases such as rabies, polio or measles and many more diseases. Animal experiments have helped to develop organ transplants, keyhole surgery and open heart surgery all of these have helped to save human life every day. Although animal experiments has helped to save human life there have also been cases of the medicines that have been safety tested on hundreds of animals to harm humans and even cause death . The most famous example of this is the Thalidomide tragedy of the 1960s and 70s.
This drug was suppose to be a sedative for pregnant or breast feeding woman and supposedly caused no harm to the mother or child. Although all of the safety testing at least ten thousand children whose mothers had taken the” wonderful dedative”were born throughout the world with severe deformities. Another case of this took place in the 1970s, clioquinol and was manufactured in Japan. It was released on the market to provide safe relief from diarrhoea. Due to clioquinol being released to the public it didn’t help to cure the symptom and actually caused diarrhoea.
There were also thirty thousand cases of blindness and paralysis and caused thousands of deaths. So even though scientists claim that animal research works and saves human life. There have been cases where animal life has been ended and also many humans lives. But there have been so many successful vaccines, drugs and life saving surgery developed against very fatal diseases to help minimize the pain and even cases where they have cured the disease completely. Some cases scientists have had to implant the disease within the animal which some people agree with as it minimises animal suffering.
Due to this method of analysing the animals with the disease scientists were able to create many life saving antibiotics. Without these medicines and antibiotics these diseases could have spread rapidly causing wide spread illness or death. Although all of this not all scientists are convinced that these tests are valid and useful. some scientists think this due to the fact that animals are not needed as much to the advancement of medicine as is typically claimed proponents of animal experimentation.
As there are different ways to find and advance the benefits found from animal testing could be produced in other ways with the same vaccines and medicines being found. Even though scientists claim that animals do not feel pain or suffering in the same way as humans they could still feel pain in many other ways which is morally wrong to cause any pain or suffering. as these animals being experimented on have been given the same diseases that humans have which causes human suffering.
Tragic disasters with many human life’s being lost, therefore with more animal life’s being lost they would be saving more human life’s. ” Animal studies are always used alongside other types of research such as cell and tissue culture. Computer-modeling, human patients and volunteers are also crucial but some questions can only be answered though research on a living animal”. DR Bella Williams. DR Bella Williams is the head of engagement at Charity understanding Animal research and believes animals have a” small but vital role”
Some people who are against animal experimentations would disagree that animals are needed to produce more accurate vaccines and medicines in health care or conduct tests on the wrong species when highly developed computers and mathematical models, human tissue, cell cultures and smarter, more focused clinical studies can show us more accurately what happens to human bodies with diseases using these computers and mathematic techniques people believe that millions of animal life’s could be saved each and every year. Research institutions need urgently to rethink their policies, and align themselves with more progressive science” In conclusion to this on going argument my views on animal experiments are that it is morally wrong to cause pain and suffering to animals. I believe that animals do feel pain and suffering as if animals don’t feel the same pain as humans then they still shouldn’t be tested on to cure the diseases that cause humans harm and death. Now that computer and math’s technology is more advanced there should be ways in which scientist can cure major diseases and spare animal life.
Mahindra research essay help: research essay help
This is a famous Company of India having a high overgrown in the market. It produces number of different models of the cars, buses and tractors. Mahindra have main headquarter in Mumbai Maharashtra (India). It is a progressing company and has a greater race with the top ranked companies of different countries in the four wheels vehicle’s world. Background of the Company:- Mahindra group limited was found in Ludhiana as Mahindra by brothers K. C. Mahindra and J. C. Mahindra brothers. The company industrial its first profitable vehicle in 1954. Mahindra motors entered the passenger vehicles market in 1991.
The company in 1998 launched the first fully local Indian passenger’s car, the Indica that’s first fully indigenous Indian passenger car. Its excellent fuel economy, powerful engine and an aggressive marketing strategy made it one of the best selling cars in the history of the Indian motors industry. Motivation:- The reasons behind chosen the company are that the survey will help the organisation in making the positive remark. Each and every organisation uses this process to increase the output, performance. Organisation wants to have the maximum of their resources. So they motivate employees to do the best.
Industry Performance in New Zealand:- Well Mahindra motors wants to start their company in New Zealand which is largest automobiles company in India. The automobile industry in New Zealand no longer has a vehicle assembly industry for passenger vehicles. On vehicles manufacturing works in New Zealand is very less, mostly all the company export their vehicles in NZ. It produces vehicles on the idea of environment friendly scheme which not create more pollution. Their vehicle is eco-friendly which is good for company. Company will be selling more vehicles within few years due to its performance in New Zealand.
Products:- Mahindra provides many products in market such as heavy vehicles like Trucks, luxury cars like indigo, Bolero, Logan etc. and also provides buses like star bus, macro polo buses. It also provides tractors like Mahindra Arjun 605 DI etc. SERVICES:- Mahindra company provides many services for public namely life insurance, Tractor Loans, financial loans, Construction Equipment, Fixed Deposit etc. which are very much helpful now a days. Mission of the company:- The Mahindra group company will use improvement machinery to produce new luxury cars. That’s cars will be very powerful engines and eco-friendly.
To strengthen the Mahindra brand and create lasting relationships with the customers by working closely with business partners to provide superior value for money over the life cycle. Vision of the company:- Mahindra group is the world largest automobile company. Mahindra Motors Limited’s vision is to be best in the style in which it operates, best in the products it deliver and best in its value system and ethics in New Zealand. To be a world class corporate constantly furthering the interest of all its stakeholders. Goal of the company:- In the middle of many other goals Mahindra group has some goals that the ompany want to achieve more heavy trucks which is good for environment and production some luxury buses also in the market, that’s provided by other company. It has main aim to expand its operations to enter into overseas motors market. Objective of the company:- Mahindra motors limited wants to achieve 5 % market share of passenger vehicle market. It wants to buy the luxury cars production in the developing countries which is respectable for company. It is searching for best overseas motors companies to get joined with them to acquire high rank in the overseas automobile world.
Strengths of Company:- Mahindra group is the largest producer of heavy vehicles like trucks and buses in India. It provides also luxury cars in India. Mahindra motors are the leader in commercial-vehicle segment in India. Research and development is one of the means by which business can experience future growth by developing new products or processes to improve and expand their operations. Weakness of Company:- Mahindra Company has drawbacks like when company provides any new product in market then company spend lot of money of advertisement. The other reason one is declining its vehicles sales.
The Competitors:- Mahindra group is fronting a more competition with the three top class companies of different countries in the market. Ashok Leyland Ltd. Nisan Motors Ltd. Isuzu Motors Ltd. Introduction About Competitors:- Ashok Leyland:- Ashok Leyland is a well-known motors manufacturing company in India. Ashok Leyland believes that its historical success and future prospects are directly related to combination of strengths. In 1950, the company started assembly of Leyland commercial vehicles and soon the local manufacturing under license from British Leyland participation in the equity capital.
Strength of Ashok Leyland:- Ashok Leyland firmly believes that the honesty approach wills the Ashok Leyland canvas the symbol of the best in the transportation. Ashok Leyland also gives the most proper solution to their customers. Weakness of Ashok Leyland:- Ashok Leyland sales of the company are not up to mark. CNG buses of Ashok Leyland are also not playing well on the roads, some or other breakdown creating problem for them. Products and Services Ashok Leyland: Ashok Leyland provide different kind of product in market like buses, truck, light vehicles and it provide trucks to Indian military.
Company provides better customer and loans on their vehicles. Nissan Motors:- Nissan Motors is a commercial vehicle manufacturer in India. The company’s origins date back to 1948, when Good earth Company was established for the distribution and service of imported trucks and tractor. In 1960 the first tractor produced in India was put on the market. Strength of Nissan Motors:- The company ability to introduce new products in the market and to generate sales from those new products is a major strength. This gives a company clear indication that the company market share is one of its biggest strength.
Weakness of Nissan Motors:- The company is highly dependent on rural sector, and the rural sector in turn is highly dependent on the monsoons. Products and Services Nissan Motors:- This company provide many products to their customer like cars Blue Bird, Primera, Percia and Sunny. Its provide trucks also in market. Company provides good services to their customer like first five services on cars are free and free full fuels tank by company. Isuzu Motors:- Isuzu motors were founded in year 1916. Isuzu had to fall all sales of sedans and compact cars in the late 1990s.
Isuzu mostly a manufacturer of small to medium compact automobiles and commercial trucks of sizes medium duty and larger. Late 2002 – Isuzu begins the re-purchase of its stock from shareholders, primarily General Motors. Strength of Isuzu Motors:- Isuzu motors have the largest network of dealers and have many sales service centres in the country and it also a strong presence in India and is a key manufacturer of commercial vehicles. It is demand driven, and customer oriented, taking care of customers. Weakness of Isuzu Motors:-
It has low interior quality inside the Car when compared to quality players like Hyundai and other new foreign players like Volkswagen, Nissan, etc. The management and the company labours unions are not in good terms. Products and Services Isuzu Motors:- Isuzu motors provide different kind products to customer like diesel engine vehicles and commercial vehicles and company provide better services to their customer like technical problem solve free by company and first insurance on vehicle also free by company.
Marketing strategy:- Mahindra Motors Ltd. It’s to identify target marked and promoted what our customer want to buy. We promote our company by advertisement on YouTube, TV and radio and media like newspaper and pamphlets. We provide door to door service to people for aware about our products. We do some voluntary work to promote our company as well as our products. The products pricing strategy should be low to promote ours products in market and simple people also can easily afford to buy our products. Conclusion:-
A detail analyse of the company shows that the company has a strong market performance over the years. Now our company also will make strong market in New Zealand and our company also takes care about social issue and environment. Company produces eco-friendly vehicles which is good for company and its products. Company encourage the employees to put their level best and work hand in hand to achieve corporate goals. Company know that the competitors against are very powerful but we decided to do best against them.
Modern Day Idiocracy college essay help nyc: college essay help nyc
The comedic value that shows such as The Daily Show offers, does not interfere with real life news facts unlike Jason Zinser states in his essay, “The Good, The Bad, and The Daily Show”, suggests. As a Republican, my dad raised me listening Rush Limbaugh’s biased harsh voice and Bill O’Reilly’s segment on Fox News. After becoming a well-informed adult who made my own decisions, I stopped listening to anything that Fox News had to say and focused more on CNN who seemed to be a reputable source of information. Even though CNN provides the best news, that doesn’t mean that I don’t enjoy my comedy news shows.
I loved the segment with Jon Stewart vs. Bill O’Reilly on Comedy Central. It was a great form of entertainment filled with laughter and information with substance as well as finding out the truth. Debates such as that “rumble” between Stewart and O’Reilly, should be televised in place of The Daily Show because it had more substance and was still entertaining. Based on this, I support the statement made from Jason Zinser stating “Whether people tune in to be entertained, to be informed, or both, the fact is that The Daily Show shapes people’s perspective on the world” (366).
Although CNN is not at the top of the charts channel wise, it serves as a reputable source for news information that fills the minds of individuals with useful information. Whereas, The Daily Show’s main purpose is humor, he does shed light on other topics in the news most would overlook. So someone who may not watch CNN on a daily or even weekly basis would have a sense of knowing what is going on globally. This society’s need for substantial information has much deteriorated. Many people find learning, otherwise useless information, enjoyable and continue to watch his show for just that reason.
Whether it is to start a conversation or possibly to chime in on a related news topic at work to sound intelligent, that is probably the most people use this show for. Jon Stewart as a person, is a brilliant man that has a wealth of knowledge, he just represents himself in a different light for ratings in my opinion. The audience that watches Stewart or Colbert is watching their shows for the comedic value because they know the news issues at hand. These entertainers are well informed and are just making the best out of bad situations.
I am more confident about the truthfulness in what the comedy news shows has to say than Fox News with Bill O’Reilly. Fox News is a corrupt television show that is completely one sided and doesn’t care about all the facts. It is shows like Fox News that is the problem with mis-informing Americans with “real” facts instead of humor. If you end up watching The Daily Show with Jon Stewart or The Colbert Report, you more than likely know what is going on in global news as well as news pertaining to the United States. The comedy that Jon Stewart offers is not the kind that you would find funny if you were not an informed individual.
If you are an informed individual, you are intelligent enough to find your news elsewhere like CNN. The Daily Show is like caviar, it has a pungent taste that not all can handle but it is rich in its own way whether you think its just comedy or information. Although I am all for watching The Daily Show, I am a strong supporter of finding checking your sources and relying on channels like CNN for news reports. Or else you will think you are informed when you really aren’t making Zinser’s statement in his essay in They Say, I Say, a true statement.
Zinser believes that “Even so, people might well think they’re being fully or sufficiently informed when they watch The Daily Show news segments” (367). I would hate to find out that people are solely relying on Colbert or Stewart for global news. In this day in age, society does not care as much about world news and politics. With the economy’s contraction and the controversial world events lately (such as Dennis Rodman being the first American to meet Kim Jong Un), people have lost hope and news is not their first priority.
With shows that turn news into light, enjoyable episodes that covers the main events, people do not look any farther for news with substance. But for our children’s sake, I hope they start caring and being more involved in policing what information is being passed down for future generations before our world turns into the movie Idiocracy. Works Cited Zinser, Jason. “The Good, The Bad, and The Daily Show. ” “They Say/I Say”: The Moves That Matter in Academic Writing: With Readings. By Gerald Graff, Cathy Birkenstein, and Russel K. Durst. Norton, 2012. 366-367. Print.
Dignity of Labour college essay help online: college essay help online
This is followed by asking students to calculate their body’s energy needs for a day, both to perform various physical activities (including the climbing of stairs) and to maintain internal body functions. LEVEL: Middle Level (7, 8, and 9) DURATION: approximately 40 minutes STUDENT BACKGROUND: Students must be able to measure time with a stopwatch, measure distance with a meter stick, and enter data into and calculate with a spreadsheet. ADVANCE PREPARATION: Gather meter sticks and stop watches, arrange for use of computers and convenient staircase.
MANAGEMENT TIPS: Elicit student responses to the Reflective Question before proceeding on to the activity. In checking student plans to measure and calculate the work they do climbing the stairs, make sure that students measure the distance walked up the stairs vertically, not along the slant of the stairs. They can determine their mass in kilograms by dividing their weight in pounds by 2. 2 and their weight in newtons by multiplying their mass (in kg) by the Earth’s gravitational field, approximately 10 N/kg. One way to administer the time measurements is to line up students on the landing at the foot of the staircase to be climbed.
Have the last student time the first student, then have all other students timed by the student who has just climbed the stairs. (This allows all the timing by a single stopwatch, transferred among student timers at the top of the stairs. ) SAFETY: Require students to step on each step in order to reduce risk of injury. RESPONSES TO SOME QUESTIONS: In general, student answers to questions will vary, with differences in weight and in physical activities performed during the day. For example, a 175 lb. male of average build needs 175 x 12 = 2100 Calories per day to maintain internal body functions.
The energy requirement for physical activity will vary greatly from student to student Teaching About Energy page 5. 1 ©2003 AAPT, John L. Roeder but probably be no more than 1000 Calories. An 80 kg student walking up a flight of stairs with a vertical height of 3. 0 m does 2400 Joules of work, which corresponds to 14. 4 kJ/min or 240 watts, if it is done in 10 seconds. The vertical average velocity is thus 0. 3 m/s, and the student’s kinetic energy in climbing the stairs is 3. 6 J, using vertical velocity only, far less than the potential energy gained.
POINTS TO EMPHASIZE IN SUMMARY DISCUSSION: One outcome of this activity is a calculation of the amount of energy used by each student from food each day, both to maintain internal body functions and to perform physical activities. POSSIBLE EXTENSIONS: Once students have determined their need of energy from food for a day, students could be asked to inventory the energy content of the food they eat in a typical day and see how closely their consumption of energy from food matches their use of energy for internal body functions and physical activities.
Teaching About Energy page 5. 2 ©2003 AAPT, John L. Roeder Name(s): _________________________________ Date: _______________ Period: ________ ACTIVITY 5. POWER OF A STUDENT Reflective Question: Write a response in your journal to the question in the box below. Discuss your response with others in your group. Can you arrive at a consensus in your discussion? Be prepared to report to your class the result of your group’s discussion. When you climb a flight of stairs, do you ever stop to think that you are pushing down on the stairs to lift yourself?
By exerting this force to lift yourself, you are doing work on yourself, which shows up as an increase in your gravitational potential energy. The rate at which you do work is called power. Like the rate at which electric appliances transform electrical energy to other forms, power is expressed in joules/sec, or watts. With how many watts of power can you climb the stairs? Materials: meter stick stopwatch bathroom scale (optional) 1. Devise a plan to make the measurements and calculate the work you must do to climb a flight of stairs as well as the rate at which you do it (your power).
Use standard metric units. After your teacher approves your plan, carry it out under your teacher’s direction. 2. Create an organized data chart showing the data you measured as you climbed the flight of stairs. 3. Create a detailed, step-by-step data analysis sheet showing what you did to calculate the power (in watts) with which you climbed the stairs. Climbing stairs is only one activity in which you do work – either on yourself or something else – during the day. This work is made possible because of the energy you gain
Teaching About Energy page 5. 3 ©2003 AAPT, John L. Roeder from the food you eat. In fact, most of the energy from the food you eat goes to maintain your internal body functions, like maintaining your internal body temperature at 37 degrees Celsius. The energy from the food you eat is rated on nutrition labels in terms of Calories, and each Calorie of energy can increase the temperature of one kilogram of water by one degree Celsius. One Calorie is equal to 4180 joules (J), or 4. 18 kilojoules (kJ).
The number of Calories per day needed to maintain your internal body functions can be found by multiplying your weight (in pounds) by 12 (if you are male of average build) or 11 (if you are female of average build), adding 5% if you are skinny, subtracting 5% if you are plump, or subtracting 10% if you are more than plump. * 4. According to the preceding paragraph, how many Calories do you need per day to maintain your internal body functions? In addition to energy for maintaining your internal body functions, you also need energy to perform various physical activities.
The rates at which men and women use energy to perform these activities* are given in the following tables in terms of Calories per minute and kilojoules per minute: RATE AT WHICH MEN USE ENERGY activity driving a car washing dishes by hand typing quickly playing musical instrument at moderate rate walking, normal rate bicycling, easy rate skating, moderately swimming, moderate speed walking, briskly ping pong, brisk game walking upstairs, moderate rate tennis, average rate running, moderate speed bicycling, racing speed swimming, hard dancing, very vigorously running, cross country #Cal/min (man) 0. 7 0. 59 0. 59 1. 1 1. 8 2. 3 3. 5 3. 5 3. 5 4. 6 5. 3 5. 6 7. 6 8. 3 8. 7 9 9. 8 #min #Cal #kJ/min 1. 96 2. 47 2. 47 4. 60 7. 52 9. 61 14. 63 14. 63 14. 63 19. 23 22. 15 23. 41 31. 77 34. 69 36. 37 37. 62 40. 96 #kJ Teaching About Energy page 5. 4 ©2003 AAPT, John L. Roeder RATE AT WHICH WOMEN USE ENERGY ctivity driving a car washing dishes by hand typing quickly playing musical instrument at moderate rate walking, normal rate bicycling, easy rate skating, moderately swimming, moderate speed walking, briskly ping pong, brisk game walking upstairs, moderate rate tennis, average rate running, moderate speed bicycling, racing speed swimming, hard dancing, very vigorously running, cross country #Cal/min (woman) 0. 43 0. 52 0. 52 0. 91 1. 5 2 2. 9 2. 9 2. 9 3. 8 4. 4 4. 7 6. 3 6. 9 7. 2 7. 8 #min #Cal kJ/min 1. 7974 2. 1736 2. 1736 3. 8038 6. 27 8. 36 12. 122 12. 122 12. 122 15. 884 18. 392 19. 646 26. 334 28. 842 30. 096 31. 768 33. 44 #kJ *Rates of Calories used are taken from Gerald Slutsky, “I Didn’t Know It Was Loaded,” in Energy: Options for the Future (Food and Energy), SUNY, Stony Brook, NY, p. F-17. 5. Enter the number of minutes per day you perform each activity, then calculate the number of Calories used by multiplying the #Cal/min by the number of minutes.
The number of kilojoules per minute is obtained by multiplying the #Cal/min by 4. 18, and the number of kilojoules is obtained by multiplying the #kJ/min by the number of minutes. Enter your values into a spreadsheet like the one above and calculate the total number of Calories and kilojoules. 6. How does the total number of Calories or kilojoules for physical activity compare with the number of Calories or kilojoules needed for internal body functions (question 4)? 7.
How does the rate of using energy (in kJ/min) to climb stairs at a moderate rate in the table above compare with the value you calculated in step 3 above? In the space provided, calculate and show how you change your answer from joule/second to kilojoules/minute before answering. Teaching About Energy page 5. 5 ©2003 AAPT, John L. Roeder 8. Could a difference between your measured value of energy rate (in kJ/min) to climb stars at a moderate rate and the value given in the table depend on the amount of kinetic energy you “gave yourself” in order to climb the stairs?
Find out by measuring your average vertical speed. You may use the height you climbed on the stairs and the time you took to climb the stairs. Then use this speed to find your kinetic energy. You may look up the equation for kinetic energy if you need to do that. Show your calculations in the space provided. 9. How does your kinetic energy climbing the stairs compare with your potential energy increase? Teaching About Energy page 5. 6 ©2003 AAPT, John L. Roeder
Miss Glady college admissions essay help: college admissions essay help
My supervisor Mrs. Emily Bwisa for dedicating her busy schedule, valuable knowledge and personal materials while guiding and supporting me in the course of my industrial training. Finally I thank the entire staff of Bungoma satellite staff members for their support, guidance and training all through my attachment. Thank you for your support. TABLE OF CONTENTbjectives of the attachment 6. Overview of activities I was engaged in 7. Skills learnt 8. Challenges encountered 9. Strengths of the attachment 10. Recommendations 11…. [continues] Read full essay Cite This Essay APA (2013, 05). Industrial Attachment Report. StudyMode. com. Retrieved 05, 2013, from http://www. studymode. om/essays/Industrial-Attachment-Report-1659242. html MLA “Industrial Attachment Report” StudyMode. com. 05 2013. 05 2013 <http://www. studymode. com/essays/Industrial-Attachment-Report-1659242. html>. CHICAGO “Industrial Attachment Report. ” StudyMode. com. 05, 2013. Accessed 05, 2013. http://www. studymode. com/essays/Industrial-Attachment-Report-1659242. html. Welcome * ————————————————- StudyMode. com is the web’s * ————————————————- leading learning tool. * ————————————————-
We inspire millions of students * ————————————————- every day with over 1,200,000 * ————————————————- model essays and papers, AP notes * ————————————————- and book notes. * Learn More Related essays * Industrial Attachment Report … NO: B010-0107/07 COURSE: BACHELOR OF COMMERCE (ACCOUNTING) INDUSTRIAL… 16 pagesJune 2011 * Industrial Attachment Report … period with in which each student is required to undertake a practical industrial… 2 pagesAugust 2012 * Industrial Attachment Report: a Case Study Of Juberic Creation By Katiuki Catherine Njeri Adm No 38456 Nairobi Branch … contributed for the successful completion of this Industrial attachment… 3 pagesJanuary 2013 * Industrial Attachment Report Format … in Africas future FACULTY OF MANAGEMENT & ADMINISTRATION Students Industrial… 5 pagesJanuary 2013 * Industrial Attachment Report … undertaking in the long vacation which last for a period of three months. The industrial… 8 pagesSeptember 2010
My Greatest Acheivements common app essay help: common app essay help
When I got the call from the volunteer services office a few days after my interview saying I had been chosen as a volunteer, I was ecstatic. Getting the opportunity to volunteer in a hospital and directly aid doctors and nurses over an entire summer was an honor and I learned many things about a doctor and nurses job from it. My second greatest achievement is starting a book blog, Hidden Gems to help self-published authors market their books.
I started my blog Hidden Gems in August 2012, with the hope of reviewing books for self published authors and getting word out about their books. Shortly after setting up my blog and spreading news about the self-published books I got 1000 views in one month. With the high growth of viewers and followers on my blog, I got emails from authors from Australia and publishing houses to review their books.
I still try to help self-published authors out and review their books and advertise for them because many of them try to make a living off their books. Helping these published authors is one of my greatest achievements and through this blog I’ve been able to meet other book fanatics like me and hold proper discussions about each book we read. I will continue to write on this blog as long as I can and help these self published authors. – written by kchandwani21
Language Analysis a level english language essay help: a level english language essay help
Although this is a persuasive piece of writing, the article appears to be quite evenly weighted, assessing both sides to the controversial issue of whether or not to ban mobile phone use in vehicles all together. However, there is a slight undertone of mocking and sarcasm in the way James writes, the way he challenges the notion of banning mobile phones by posing the question ‘looking at a GPS, talking to passenger, taking a sip of water or singing to a song on the radio. Are we going to ban these perfectly normal activities too? The rhetorical question enables James to have a dig at the concept of banning mobile phones by incorporating a list of seemingly mindless activities. James’ anecdote of the injured daughter and the mother caught in traffic further promote his view that it is unnecessary to completely ban mobile phone use, as he is appealing to the emotional side of the readers, making the reader question themselves and ponder on what they would do in such a situation. The use of an easily manipulated personal anecdote encourages the reader to agree with James’ point of view as they have now become involved in the article in some way.
Statistics are very useful when writing a persuasive piece because they are straight forward facts, no opinions are expressed through numbers. The small amount of 8-10% of accidents caused by mobile phone use are used to show that 90% of accidents are caused by other factors and that these are uncontrollable, much like mobile phones. James’ appeal to the hard work of the police force saying that ‘the police have a hard enough job as it is without requiring them to enforce a rule that looks simple in theory, but ould be complicated in practise’ also endorses his view that the concept of banning mobile technology is unnecessary and would not be accepted by society and is simultaneously able to condemn the APG by making it apparent that they would not be the ones controlling this situation, the police would be. Through a variety of literary techniques and through the use of strong emotive language James is able to finish off an article that had started out being an exploration of mobile technology in vehicles, to an article almost mocking the entire idea of banning technology.
Types of Meaning college admission essay help: college admission essay help
Leech gives primacy to conceptual meaning because it has sophisticated organization based on the principle of contrastiveness and hierarchical structure. E. g. /P/ can be described as- voiceless + bilabial + plosive. Similarly Boy = + human + male-adult. 2/Associative meaning The associative meaning of an expression has to do with individual mentalunderstandings of the speaker. They, in turn, can be broken up into six sub-types:connotative, collocative, social, affective, reflected and thematic Collocative meaning is the meaning which a word acquires in the company of certain words.
Words collocate or co-occur with certain words only e. g. Big business not large or great. Collocative meaning refers to associations of a word because of its usual or habitual co-occurrence with certain types of words. ‘Pretty’ and ‘handsome’indicate ‘good looking’. However, they slightly differ from each other because of collocation or co-occurrence. The word ‘pretty’ collocates with – girls, woman, village, gardens, flowers, etc. On the other hand, the word ‘handsome’ collocates with – ‘boys’ men, etc. so ‘pretty woman’ and ‘handsome man’. 7) Thematic Meaning:
It refers to what is communicated by the way in which a speaker or a writer organizes the message in terms of ordering focus and emphasis . Thus active is different from passive though its conceptual meaning is the same. Various parts of the sentence also can be used as subject, object or complement to show prominence. It is done through focus, theme (topic) or emotive emphasis. Thematic meaning helps us to understand the message and its implications properly. For example, the following statements in active and passive voice have same conceptual meaning but different communicative values. e. g. 1) Mrs. Smith donated the first prize ) The first prize was donated by Mrs. Smith. In the first sentence “who gave away the prize “is more important, but in the second sentence “what did Mrs. Smith gave is important”. Thus the change of focus change the meaning also. Sense relations,,,, Sense relations are paradigmatic relations between words or predicates of the same syntactic categories, which can replace one another without violating the grammatical rules; or in other words, those relations reveal the semantic choices available at a particular structure point in a sentence. Two major types of sense relations can be distinguished: * Sense relations of inclusion, esp. yponymy and synonymy * Sense relations of exclusion, esp. complementarity and antonymy Synonymy is the relationship between two words that have the same sense. This is a strict definition of synonymy – the identity of sense. Some linguists, however, consider synonymy a similarity of meaning Hyponymy is a sense relation between lexemes such that the meaning of one lexeme is included in the meaning of the other. Antonymy is a sense relation in which oppositeness of meaning is observed. There are many pairs or groups of words, which, though different in meaning, are pronounced alike or spelled alike, or both.
Such words are called homonyms. Polysemy refers to the phenomenon in which one and the same word has more than one meaning. Semantic field Semantic field is a term to refer to the phenomenon that vocabulary is an integrated system interrelated in sense and can be divided into semantically related sets or fields. Words in each semantic field defines one another, Sense and reference…. Frege is said to be the first person to set out the difference between sense and reference in a systematic form, and it is from his writing that the terms first arise. Reference Reference is a part of meaning.
Assume that there are three trees in a field. Each tree has a unique reference. Each branch on each tree has a unique reference. And each leaf and the field have a unique reference. There are two ways we can look at reference. The first is physical in that each atom and electron has reference whether it can be seen or not. The second is perceptual: this means how we see objects–do we see them as an object or not? We will take the latter approach. Reference also includes imaginary objects: unicorns, leprechauns, Santa Claus, Hades, elves, eternal bliss, and so forth.
This would also include objects which currently do not exist but could exist: a King of France, dinosaurs, a five-cent ice-cream cone, and so forth. Sense Sense is the more interesting part meaning. Sense refers to how we see an object or the amount of information given about an object. The classic example cited showing the distinction is the planet Venus. As a planet it has reference arbitrarily given the name Venus. It is often called the morning star when seen in the morning, and the everning star when seen in the evening. Thus, it has two senses, depending on the time of day the object is seen.
The planet itself is the referent, the morning star is one sense, the evening star the other sense. It could have other senses. Theories of meaning,,,, Different theories of meaning can be distinguished, according to how they deal with the relation between words, concepts and things in the world, and the conventions that are constitutive of this relation. Referential theories are concerned with the relation between expressions and the external world. The referential theory is used to explain our knowledge of linguistic meaning, but makes no claim about how we actually know how linguistic expressions acquire meaning.
In other words, it makes no psychological claims. A referential theory of semantics assumes that MEANING IS REFERENCE TO FACTS OR OBJECTS IN THE WORLD The Ideational Theory of Meaning This theory was developed by the British empiricist philosopher, John Locke. The theory explains that the meaning attached to words can be separated from the word themselves. This means that meaning originates in the mind in the form of ideas. Words are just sensible signs for the convenience of communication.
Language is therefore, a mechanism for expressing thoughts and thought is viewed as a succession of conscious ideas. The ideational theory is mentalistic. Thus the meaning of a word is the mental image or idea of the word or the expression generated in the mind of the speaker or hearer. The ideational theory is perceived to be abstract or imprecise because of dependence on mental images for decoding the meaning of words. Ideas may be too vague to comprehend. There are also many words (especially the abstract ones) that do not have specific physical realities, let alone mental manifestations.
It is unthinkable that the mind can create an image of what the senses cannot perceive. The theory may not be able to account for synonymous expressions. It may also be difficult to use the theory to explain the mental image conjured by sentences. Indeed, sentences derive their meaning more from the word order. The “prototype theory” was proposed by Eleanor Rosch. She suggested that when people categorize items they match them against “the prototype”, or “ideal exemplar”, which contains the most representative features inside the category.
Objects that do not share all the characteristics of the prototype are still members of the category but not prototypical ones. She argued that prototypes represent a “basic level of categorization”, e. g. “chair”, as opposed to a “superordinate”, e. g. “furniture” and a “subordinate” level, e. g. “kitchen chair”. The prototype theory has been particularly fruitful in providing several researchers with a convenient explanation of some phenomena in studies of vocabulary acquisition and teaching, mental lexicon, as well as in studies of cognitive linguistics and linguistic data.
It has also been suggested that categorization based on prototypes is the basis for human development, and that this learning relies on learning about the world via embodiment. Componential analysis, also called feature analysis or contrast analysis, refers to the description of the meaning of words through structured sets of semantic features, which are given as “present”, “absent” or “indifferent with reference to feature”. The method thus departs from the principle of compositionality. Componential analysis is a method typical of structural semantics which analyzes the structure of a word’s meaning.
Thus, it reveals the culturally important features by which speakers of the language distinguish different words in the domain (Ottenheimer, 2006, p. 20). This is a highly valuable approach to learning another language and understanding a specific semantic domain of an Ethnography. Denotation and connotation,,,, Denotation refers to the literal meaning of a word, the “dictionary definition. “? For example, if you look up the word snake in a dictionary, you will discover that one of its denotative meanings is “any of numerous scaly, legless, sometimes venomous reptiles?
Khaving a long, tapering, cylindrical body and found in most tropical and temperate regions. ” Connotation, on the other hand, refers to the associations that are connected to a certain word or the emotional suggestions related to that word. The connotative meanings of a word exist together with the denotative meanings. The connotations for the word snake could include evil or danger. Denotation is an act of denoting or indicating something. “denotation” means the literal definition of a word–“from the notation. ” “connotation” means the associations of a word–“with the definition. Connotation means implication, intention or imagination with a specific thing or person. Collocation… A collocation is a combination of words that are commonly used together; the simplest way of describing collocations is to say that they ‘just sound right’ to native English speakers. Other combinations that may mean the same thing would seem ‘unnatural’. Collocations include noun phrases like ‘stiff wind’ and ‘weapons of mass destruction’, phrasal verbs such as ‘to get together’ and other stock phrases such as ‘the rich and famous’
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Should Women Participate in Military Combat? a level english language essay help: a level english language essay help
Should Women Participate in Military Combat? Boykin, J. (2013). Women in combat a dangerous experiment. CNN. Retrieved from http://edition. cnn. com/2013/01/25/opinion/boykin-women-in-combat Boykin explains combats including both sexes will not only bring a huge burden on combat officers but also bring sexual tension between both male and female in a dangerous environment. The author however neglects to compare the equality in both men and women by stating that women in combat roles might bring down military “standards” and their ability to function proparly. Harris, P. (2013).
Women in combat: US military officially lifts ban on female soldiers. The Guardian. Retrieved from http://www. guardian. co. uk/world/2013/jan/24/us-military- lifts-ban-women-combat In the newspaper article, Harris talks about the signing the memorandum ending the 1994 ban on women serving in combat roles in military was actually an opening to improve the armys standards and reduce the tension of in-equality sexes. This article also calls on the military to investigate into its sexual violation issue, mentioning that the more we treat people as one, the more we will to treat each other equally. Kirkwood, R. C. 2013). Women in Combat: War for and Against Women. The New American. Retrieved from http://www. thenewamerican. com/culture/item/15012-women-in-combat-war-for-and-against-women An article written on the event of Women in Combat: War for and Against Women, Kirkwood explains the sensible and proper events that took place in the decision making of signing the memorandum ending the 1994 ban on women serving in combat roles in military. Which meant women that served in the military will now be capable in participating in military warfare. Castenfelt, S. , Leslie, T. , Locke, W. , Mcconnell, E. R. , Teo, G. , & Teoh, J.
R. (2013). Roundtable: Should Women Serve In Military Combat Roles? The Crimson. Retrieved from http://www. thecrimson. com/article/2013/2/8/roundtable-women-combat/? page=single Castenfelt et al explain that a lot of people are making a decision before becoming aware of the relevant facts of a case, relatively allot of people assume women in military combat roles would not succeed because of traditional thinking. Furthermore, allot of women posses the strength and skills to perform at or above the level of many male soldiers. In short, the military should be able to adapt to these new changes to be able to make a
Golf Course Survey college application essay help: college application essay help
At the same time, we recognize that golf is a challenging game that can command a lifetime’s devotion, but can never truly be conquered. During the nearly forty years of its existence, RTJII has designed more than 230 courses in 38 countries. Numerous championships and various professional tour events have been played on RTJII courses, including the Grand Slam of Golf. Many RTJII courses are ranked among the world’s best by various rating organizations.
Among the countries where RTJII courses have been rated “Number One” are China, Norway, the Philippines, Russia, Thailand, Taiwan, and Malaysia. The company currently is active in Europe, Asia, and the Americas. RTJII is involved in all phases of golf course design, from master planning through design implementation. Photo: Henebry Photography G o l f C o u r s e D eve l o p m e n t C o s t S u r vey 3 Dear Reader, Recent research confirms that there are approximately 32,000 golf courses worldwide. Presently, some 50 million people play golf throughout the world.
Although the United States represents the largest golf market in the world with around 17 ,000 courses and approximately 27 million golfers, the game itself originates in Europe and continues to have a strong presence there, with more than 6,000 golf courses and roughly 4 million registered golfers. Golf course development is a growing business all over the world. In recent years, approximately 1,000 new golf courses have been established annually worldwide. More mature markets include the U. S. , Japan, South Africa, the United Kingdom, Ireland, Sweden and Spain; moreover there are also a number of countries and regions (e. g.
South America, the Middle East and Eastern Europe) where golf is becoming increasingly popular. International experience proves that, especially when combined with real estate and/or tourism development, a golf course can often offer an exciting investment opportunity. Having comparable primary information on golf course development costs can be of prime importance for developers, operators, as well as public institutions when thinking strategically about golf development. KPMG’s Travel, Leisure and Tourism Network has prepared the following comprehensive study of golf course development costs in Europe, Middle East and Africa (EMA).
This research aims to provide investors, developers and other industry stakeholders with a better understanding of the factors that influence the construction cost of golf courses, their typical development timing and the process of selecting golf course architects and construction companies. As initiator and coordinator of this study I hope you will find our results both interesting and enlightening. I would like to take this opportunity to thank all of the golf course developers, owners, operators, designers and many KPMG colleagues who have contributed to our survey, making it possible.
If you would like to receive any clarification or discuss the survey results, please feel free to contact me. Andrea Sartori Partner, Head of Travel, Leisure and Tourism Group CEE KPMG Advisory Services Ltd. andrea. sartori@kpmg. hu Machynys Peninsula Golf & Country Club Carmarthernshire, Wales Designer: Nicklaus Design G o l f C o u r s e D eve l o p m e n t C o s t S u r vey 5 Objectives and methodology Countries and sub-regions considered in the survey The target countries in our research were clustered into sub-regions based on geographical proximity and similarity in economic development.
The following groups were defined: Regions Europe UK & Ireland Scandinavia Countries UK, Ireland Denmark, Finland, Norway, Sweden, Iceland Austria, Belgium, Germany, Netherlands, Switzerland Spain, Italy, Cyprus Poland, Czech Republic, Slovakia, Hungary, Estonia UAE, Turkey, Kuwait South Africa, Mauritius In order to prepare the Golf Course Development Cost study we have carried out a questionnaire-based survey among developers and operators of golf courses opened 1 after 1 January 2000 .
Sending questionnaires to more than 500 golf courses, we recorded an 18% response rate covering 25 countries from the EMA region. The detailed questionnaire was structured around the following topics: What are the key motivations for developing a golf course? What factors influence developers in selecting course designers and construction companies? How long does it take to develop a new golf course in the EMA region? What are the main difficulties arising during construction? How much does it cost to develop a golf course in the EMA region? Central Europe
The golf courses constituting the base of our sample were identified by comprehensive secondary research, utilising statistics from national and international golf associations. In order to complement the findings of our survey we also sought the opinion of golf course architects. By addressing a set of specific questions to designers, we heard their perspective about golf course development costs, as well as their professional opinion about the issues covered by this research. We have highlighted the main findings from these interviews in the relevant sections of our survey summary.
Mediterranean Europe Eastern Europe Middle East Southern Africa 1 Data collection period February-May 2005. 6 G o l f C o u r s e D eve l o p m e n t C o s t S u r vey Sample description by size of golf courses (EMA region) Sample description of analysed golf courses More than half (60%) of the golf courses evaluated in our survey were 18-hole developments, 34% were 9-hole developments, while only 6% were 27-hole golf courses. The respective quality ratings were reported by the developers/owners participating in the research.
Our sample included four types of courses from “signature” golf courses (being the highest quality) down to “lower end” golf courses. As seen in the chart at left, mid- and lower end golf courses were represented in our sample with 43% and 31%, respectively, while a sufficiently large number of high quality and signature golf courses were also included (18% and 8%, respectively) allowing for an appropriate representation for the higher end supply. Regarding the operational category, a majority of the golf courses included in the sample were operating on a membership (84%) and/or daily fee (55%) basis.
Municipal course represented only 6% of our sample. 18-hole 60% 27-hole 6% 9-hole 34% …by golf course quality The most popular locations in the EMA region for developing a golf course were parks/open spaces (39%). Mid quality golf course 43% Methodological notes: In order to allow for a more significant comparison between different courses that are part of this research, our survey focuses only on golf course development costs and excludes investments related to land acquisition and other facilities such as clubhouse, car park, driving range, etc.
The reader of this study should also be aware of the fact that differences in development time, fluctuation of exchange rates, inflation, as well as differences in the development stage of the different countries involved in the research are the limiting factors that could not be overcome. Furthermore one should note that the statistics of different Federations were often inconsistent for our purposes, as some also classify driving ranges and golf clubs with less than 9-holes as golf courses. …by golf course location (multiple answers allowed) High end golf course 18%
Signature golf course 8% Low er end golf course 31% …by operational category (multiple answers allowed) Membership 84% Parks/open space Country Club 39% 37% 29% 12% 0% 10% 20% 30% 40% Daily fee 55% Resort Municipal 6% Residential area 40% 60% 80% 100% 0% 20% G o l f C o u r s e D eve l o p m e n t C o s t S u r vey 7 Supply and demand trends in the EMA region Europe, Middle East and Africa have over 4. 2 million registered golfers and approximately 6,750 golf courses. Europe, with one in every 200 people a golfer, has the highest golf penetration rate (0. 6%) of the three regions. The golf market in the Middle East is still immature, but with quite a few golf course openings since the turn of the century, it has entered a rapid development phase. Considering its natural conditions and population, the potential for golf in Africa, as in many other areas, is yet to be exploited. With a few exceptions such as South Africa, the game has very few devotees on the continent. Europe From the analysis of available statistics, it becomes clear that golf in Europe has experienced a steady growth over the past two decades.
While the number of courses has more than doubled in the past twenty years (i. e. an annual growth of 4%) the number of registered golfers has tripled and grown by an average of 6% per annum, reaching more than 4 million registered players in 2005. The following graph reflects the growth in the number of golf courses and the number of players in Europe, since year 2000. Development of European golf courses and affiliated players (2000-2005) Courses 9,000 Golf courses Registered golfers Players 4,400,000 4,200,000 4,000,000 3,800,000 3,600,000 8,000 7,000 6,000 ,881 5,966 5,772 6,091 6,041 6,224 3,400,000 3,200,000 3,000,000 5,000 2000 2001 2002 2003 2004 2005 Source: European Golf Association (EGA) with KPMG elaboration 8 G o l f C o u r s e D eve l o p m e n t C o s t S u r vey Distribution of supply in Europe in 2005 UK 41% These figures highlight that in recent years demand has been growing at a faster pace than supply in Europe. In Europe more than 80% of the supply is concentrated in only 7 countries. Traditionally being a golf nation, Great Britain offers some of the best and oldest courses in the world.
It is not surprising that almost half of all golf courses (approximately 2,600) are to be found in the UK. Germany and France also have a significant share of European supply with 10 and 9 percent, respectively. In the Mediterranean region, Spain and Italy have around 250 golf courses each. From the countries representing the remaining 18% we can highlight from the Scandinavian region Denmark and Norway, together totalling around 300 golf courses. Eastern Europe is also developing quickly with Czech Republic having more than 50 courses, and Poland, Slovenia and Hungary together totalling more than 30 golf courses.
Germany 10% France 9% Sweeden 7% Ireland 7% Other 18% Italy 4% Spain 4% Source: EGA with KPMG elaboration Penetration of golf in selected European countries (2005) Regions/ countries UK & Ireland UK Ireland Scandinavia Sweden Norway Denmark Finland Iceland Central Europe Netherlands Austria Europe 139 138 6,224 251,000 86,366 4,101,098 1,806 626 659 1. 53% 1. 06% 0. 56% 430 155 148 106 56 554,293 122,000 130,706 105,576 9,793 1,289 787 883 996 175 6. 16% 2. 66% 2. 41% 2. 02% 3. 30% 2,618 403 1,269,047 266,730 485 662 2. 10% 6. 4% Courses Players Golfer/ course Penetration rate Source: EGA with KPMG elaboration Since the early nineties, the Nordic countries have experienced an accelerated growth in demand for golf. Today, Denmark, Norway and Finland exhibit a strong demand for the game, with Sweden achieving an impressive 6% penetration rate (i. e. one in sixteen Swedes are registered golfers). It is important to highlight that in these countries the availability of golf courses has positively stimulated the creation of further demand. G o l f C o u r s e D eve l o p m e n t C o s t S u r vey 9
Although starting from a much lower baseline, in recent years the most dynamic growth in golfers’ penetration in Europe was recorded in Eastern Europe. Countries like the Czech Republic and Slovenia have witnessed spectacular growth in the last 10 years. France, Spain and Portugal are becoming increasingly popular, hosting golf tourists from all over Europe. These counties have long been popular tourist destinations and golf is an added attraction to the fine weather conditions. As can be expected, most of the courses are situated near traditional tourist regions. South East European (e. g.
Greece, Bulgaria and Croatia) and Eastern European countries (e. g. Hungary, Slovakia and Russia) have enormous growth potential and are likely to follow the development path of Slovenia and Czech Republic. Middle East Although the Middle East represents less than 1% of the total supply, it is one of the most interesting markets from a growth perspective (+15% per year in terms of number of golfers). In this region some of the highest profile developments are currently taking place. Whilst there has been a sharp increase in the number of players over the last few years, the number of courses has remained almost constant.
However, it should be noted that supply in the Middle East (Turkey, Israel, UAE, Qatar and Kuwait) saw a steep increase in 1999-2000 when the number of golf courses almost doubled from 13 to 23. Several countries in the Middle East also understand the benefits of golf tourism and their governments are considering supporting the development of additional golf courses. Development of golf courses and affiliated players in the Middle East (2000-2005) Courses 100 90 80 70 60 50 40 30 20 10 Players 10,000 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 Golf courses Registered golfers 3 2000 25 2001 25 2002 26 2003 24 2004 25 2005 Source: Golf Federations, with KPMG elaboration 1 0 G o l f C o u r s e D eve l o p m e n t C o s t S u r vey Africa Currently there is a fairly low penetration of golf in Africa with the exception of South Africa, which is also a popular golf tourism destination. There are about 500 golf courses and over 130 thousand registered players in Africa. While for the majority of the continent golf is still an unknown game, in South Africa the penetration rate (0. 3%) is comparable with those of Spain, Germany (0. %) or Belgium (0. 4%). Development of golf courses and affiliated players in Africa (2000-2005) Courses 1,000 900 800 700 600 500 400 300 200 100 2000 2001 2002 2003 2004 2005 501 504 503 496 506 511 Golf courses Registered golfers Players 160,000 150,000 140,000 130,000 120,000 110,000 100,000 Source: Golf Federations, with KPMG elaboration In the short and medium term, following the path of South Africa and Mauritius, the development of golf is expected to be linked to the further evolution of tourism destinations like Morocco, Tunisia, Egypt and Kenya.
Pecanwood Golf & Country Club Broederstroom, South Africa Designer: Nicklaus Design G o l f C o u r s e D eve l o p m e n t C o s t S u r vey 1 1 From concept to realisation Key motivational factors Especially in developing regions, many golf course developments are motivated by personal interest in the game rather than expected profitability. KPMG’s Golf Development Survey shows that developing a golf course in the EMA region is not always driven by a desire to make money. Very often development is driven by personal interest in the game.
While 55% of golf course developments were initiated by personal interest, the second most important motivational factor was the expected profitability (characterising 46% of developments). Motivational factors of golf course development (multiple answers allowed) EMA region Eastern Europe Central Europe 29% 55% 82% 71% 46% 35% 6% 20% 5% 12% 12% 18% 7% 7% Personal interest in golf No alternative use of land Other motivation factors Expected profitability Possibility to use subsidies Source: KPMG Golf Course Development Cost Survey
Respondents also mentioned other motivation factors including: exploiting synergies with resort developments; creating a regional attraction; or aiming for regional economical benefits. From a regional perspective, while in Eastern Europe golf course developments are primarily motivated by the personal interests of developers/owners (in 82% of cases), in Central Europe the expected profitability is the main driving force (for 71% of the recent developments). The motivational factors show a strong correlation with the nature of the developments.
The main motivation for developing a golf course in a residential or resort area is primarily of profit seeking (75% and 63%, respectively). 1 2 G o l f C o u r s e D eve l o p m e n t C o s t S u r vey Motivational factors of golf course developments by type of location (multiple answers allowed) Resort 38% 63% 6% 13% 25% Residential area 13% 75% 13% Park/open space 58% 50% 12% 8% 4% 4% 23% ` Country club 64% 39% 14% Personal interest in golf No alternative use of land Other motivation factors Expected profitability Possibility to use subsidies Source: KPMG Golf Course Development Cost Survey
At the same time the development of new country clubs and golf courses located in parks and other open spaces are mainly triggered by personal interest in the game. The possibility to exploit government subsidies was a relevant incentive in the case of Eastern Europe. Miklagard Golf Club Oslo, Norway Designer: Robert Trent Jones II G o l f C o u r s e D eve l o p m e n t C o s t S u r vey 1 3 Selecting a golf course architect/designer What do top designers say? KPMG’s survey among signature designers demonstrates that top designers’ primary channels for generating business and reaching golf course developers were word-of-mouth and referrals.
Furthermore, they often meet with developers in trade fairs, exhibitions, conferences as well as golf tournaments. Our survey demonstrates that golf course architects are usually selected through informal channels: based on referrals (50%) or word of mouth (47%). Formal channels, like tendering were also mentioned. It is important to highlight that in the case of 6% of all valid responses developers themselves designed their golf courses without using external architects. Channels used in selecting golf course architects (multiple answers allowed) Referral 50%
Word-of-mouth 47% Internet 2% Other channels 18% Source: KPMG Golf Course Development Cost Survey Regarding factors influencing the selection of an architect we found that 70% of our respondents considered credentials, brand recognition and reputation as the most important influence upon their choice. 60% of respondents considered proposed prices and quality playing a very important role in their selection. Importance of deciding factors in selecting a golf course architect Based on our research there is a correlation between the rating of a golf course (i. e. uality) and the importance of certain decisioninfluencing factors when selecting the architects. For example our research clearly proves that the selection of a signature designer is perceived to be linked to the marketing opportunity offered by the name of the golf course architect. Credential, brand recognition, reputation Proposed price/quality ratio Quality of their proposal 70% 7% 23% 60% 23% 17% 54% 21% 25% Marketing opportunity 36% 12% 52% Payment conditions 22% 32% 46% high importance average importance did not affect Source: KPMG Golf Course Development Cost Survey 4 G o l f C o u r s e D eve l o p m e n t C o s t S u r vey Selecting a construction company Opinions and referrals of architects are key in the selection of a construction company. The best means for generating business for golf course construction companies are also the informal channels, like referrals and word of mouth. Recommendations made by golf course architects also play an important role in the selection of the construction company. Other channels like the tendering procedure, recommendation of financing institutions were also mentioned.
In some cases (11%) developers worked with their own construction companies. Channels used in selecting the construction company (multiple answer allowed) Referral 45% Word-of-mouth Suggestion of architect Advertisement 5% 38% 20% Other channels 21% Source: KPMG Golf Course Development Cost Survey Considering factors influencing the choice regarding construction companies, the most influential factors were the proposed price/quality ratio and the credentials/brand recognition of the supplier (66% and 65%, respectively).
Importance of deciding factors in selecting a golf course construction company Proposed price/quality ratio 66% 20% 14% Credential, brand recognition, reputation 65% 19% 16% Bring project in w ithin budget and meeting schedule 53% 21% 26% Quality of their proposal 50% 33% 17% Proposed payment conditions 48% 19% 33% High importance Average importance Did not affect Source: KPMG Golf Course Development Cost Survey G o l f C o u r s e D eve l o p m e n t C o s t S u r vey 1 5 Delivering the project within planned budget and schedule were also considered very important (53%).
The proposed payment terms play a more important role in the selection of construction companies (48% high importance) than in the appointment of the golf course architects (22% high importance). Total construction time in the EMA region (excluding pre-construction) Survey results show that 27% of newly developed golf courses are built within a year, and 42% in two years. How long does it take to develop a golf course? Regarding the duration of development we found that a golf course development project takes on average slightly more than four years (49 months).
The pre-construction phase, including obtaining the necessary permits, planning and design, represents more than half of total development time and on average takes more than two years. Within this phase obtaining the permits takes the longest time: 17 months on average. .8 Construction time including golf course grow-in takes 21. 8 months on average. 2 years 42% 1 year or less 27% 3 years 15% No answer 11% 4 years 5% Average length of development phases Preconstruction 27. 0 Months Construction 21. 8 Months Source: KPMG Survey Obtaining permits 17. 8 Months Planning & design 9. 2 Months Construction 13. 4 Months Grow-in 8. 4 Months
Source: KPMG Golf Course Development Cost Survey Analysing the length of development phases by different EMA sub-regions, we can identify a strong correlation between the time period needed for each phase and the characteristics of specific regions. For example in Europe the pre-construction phase is the longest in Central Europe (39. 9 months) and the shortest in Mediterranean Europe (13. 5). However, in both Africa and Middle East this phase is significantly shorter. 1 6 G o l f C o u r s e D eve l o p m e n t C o s t S u r vey Average length of development stages in different sub-regions (number of months) Central Europe 39. 20. 5 UK-Ireland 32. 2 27. 2 Scandinavia 23. 3 25. 3 Eastern Europe Mediterranean Europe Southern Africa 29. 9 18. 5 13. 5 23. 6 9. 5 17. 3 Preconstruction phase Construction phase Middle East m onths 0 6 10 19. 3 20 30 40 50 60 70 Source: KPMG Golf Course Development Cost Survey Club de Golf Alcanada Puerto de Alcudia, Spain Designer: Robert Trent Jones II G o l f C o u r s e D eve l o p m e n t C o s t S u r vey 1 7 Investment needs in relation to site suitability Survey results show that signature and high quality golf courses require significantly more earthworks than lower quality developments.
In addition to the characteristics of golf course developments (e. g. number of tee boxes per hole, number and size of the bunkers, size of greens, artificial water hazard etc. ), international experience shows that there are certain factors which have a major impact on the final development cost of a golf course. These are mainly related to the original site characteristics in terms of soil and terrain nature, water availability, as well as additional/contingent investments needed in the construction phase in terms of earthworks, drainage and irrigation system.
Uniqueness of design and major landscaping changes correlate with the higher costs of earthworks, soil and terrain adaptation. Rating of investment needs by golf course quality (average values where 1=limited investment; 5=significant investment) Signature golf courses High end golf courses Mid quality golf courses Low end golf courses 1 2 3 4 5 Soil, terrain suitability, drainage capability Earthworks Water availability, irrigation Source: KPMG Golf Course Development Cost Survey 1 8 G o l f C o u r s e D eve l o p m e n t C o s t S u r vey
What are the main difficulties during the development of a golf course? Obtaining the necessary permits was the most frequently mentioned problem faced during development projects (41. 5% indicated this). More than one third of the owners and operators mentioned dealing with weather delays as one of the most difficult issues, while a quarter (27%) encountered environmental opposition. Another quarter (27%) mentioned financing as the most problematic issue. One in four new golf course developments had problems with water availability.
Other construction related issues including earthwork, keeping in line with the original budget and the unprofessionalism of contractors were viewed as less important problems. Difficulties mentioned by survey respondents by frequency (multiple answers allowed) Obtaining necessary permits Dealing with weather delay Environmental opposition Obtaining financing Water availability Earthworks and/or rocky terrain Keeping in line with the original budget Unprofessional contractors Soil characteristics Project logistics Other difficulties 4. 6% 12. 3% 20. % 16. 9% 15. 4% 12. 3% 27. 7% 27. 7% 24. 6% 35. 4% 41. 5% Source: KPMG Golf Course Development Cost Survey G o l f C o u r s e D eve l o p m e n t C o s t S u r vey 1 9 Obtaining the permits proved to be the biggest challenge for developers in the EMA region. Regarding construction difficulties some European regions show a different pattern compared to the total EMA results. In case of Eastern European countries, obtaining the necessary permits is the most difficult issue to overcome followed by environmental opposition and obtaining financing.
In Scandinavia weather delays and earthwork difficulties hindered the most golf course developments. Weather and environmental opposition was also problematic for Central European golf course developments. Difficulties mentioned by survey respondents in Eastern Europe, Central Europe and Scandinavia (multiple answers allowed) Obtaining necessary permits 29% 29% 43% 65% Dealing with weather delay 41% 41% 24% 50% Obtaining financing 43% Environmental opposition 6% 6% 21% 47% 43% Eastern Europe Central Europe Skandinavia 43% Earthwork and rocky terrain 35% Soil characteristics % 6% Source: KPMG Golf Course Development Cost Survey 2 0 G o l f C o u r s e D eve l o p m e n t C o s t S u r vey How much does it cost? When analysing the total construction budget of a golf course, a good starting point is the allocation between the pre-construction and construction phases. The following chart illustrates the average breakdown of development costs throughout an entire golf course development project. Share of development costs in pre-construction and construction phases (EMA region) 7% 10% 12% 32% Professional fees for consultancy (e. . legal, engineering etc. ) Golf course design 45% 33% 17% Landscaping Clearing and preparing site Car paths Grassing of greens, fairways and tee boxes Irrigation and darainage Earthworks and shaping Expenses related to permits 23% 11% 89% 21% Preconstruction costs Construction costs Source: KPMG Golf Course Development Cost Survey The chart illustrates that actual construction costs of the golf course typically account for 89% of the total costs (excluding land acquisition, clubhouse, parking space and other on-site facilities).
Total development costs also include preconstruction expenses like golf course architect fee, professional fees for engineering, legal and other expenses related to permits – these on average account for 11% of the total budget. As part of the construction costs we considered: Earthworks and shaping, representing on average one third of construction expenses; Irrigation and drainage contributing with 21% to the average construction costs; Grassing of greens, fairways and tee boxes making up 17% of overall construction costs.
The remaining 29% can be divided between three components: the cart paths, site clearance & preparation (12% and 10%, respectively) and landscaping (7%). G o l f C o u r s e D eve l o p m e n t C o s t S u r vey 2 1 With the exception of the signature designer fee, pre-construction costs are relatively fixed. Therefore, we note that as quality increases, preconstruction has a decreasing share of the total costs. The preconstruction costs of signature courses are significantly higher due to signature designer fees. Share of preconstruction and construction costs by quality of the golf course
Signature golf course 13% 87% Higher end golf 6% course 94% Mid quality golf course 13% 87% Low er end golf course 19% 81% Preconstruction costs Construction costs Source: KPMG Golf Course Development Cost Survey Average golf course construction cost per hole, by sub-regions (including 9-hole golf courses) Regions Eastern Europe Scandinavia Central Europe UK & Ireland Mediterranean Europe Southern Africa Middle East EMA Total average Source: KPMG Survey 2 Development costs by region In the following sections we highlight the distribution of development costs by region and course quality.
The survey results show that the average construction cost for a typical 18-hole golf course in the EMA region is EUR 3. 56 million (EUR 198,000 per hole), while constructing a 9-hole golf course in the EMA region is almost a third of the cost, on average EUR 1. 23 million. The average construction cost of an 18-hole golf course varies widely, with the lowest recorded in Eastern Europe, at an average cost of 1. 25 million Euros, to the most expensive in the Middle East, costing on average 6. 14 million Euros. EUR 94,000 157 ,000 183,000 168,000 231,000 235,000 342,000 187,000 2
Please note that the sample of Southern Africa mainly includes higher end and signature golf courses. 2 2 G o l f C o u r s e D eve l o p m e n t C o s t S u r vey According to our survey, development costs vary widely, the highest-end being represented by an upper quality 18-hole golf course in the Middle East (EUR 10. 9 million), and the lowest-end by a 9-hole Polish public golf course (EUR 150 thousand). It is also worth mentioning that building an 18-hole golf course in the Mediterranean region costs almost four times more (with an average construction cost of EUR 4. million) than in Eastern Europe (EUR 1. 25 million). Average construction costs for an 18-hole golf course by sub-regions (‘000 EUR) 7,000 6,000 5,000 4,000 3,000 4,709 3,556 3,030 4,231 Average cost EMA average 6,147 In the EMA region a 9-hole golf course costs on average three times less than an 18-hole golf course: EUR 1. 23 million versus EUR 3. 56 million. 2,000 1,000 0 Eastern Europe 1,253 2,694 2,800 Scandinavia Central Europe UK+Ireland Southern Africa Mediterran. Middle East Europe Source: KPMG Golf Course Development Cost Survey
Development cost by quality of golf course Obviously the quality of the golf course has a major impact on the construction costs. While constructing a lower end 18-hole golf course costs on average EUR 1. 79 million, signature golf courses were developed with three times this budget. Average golf course construction costs per hole, by golf course quality (excluding 9-hole courses) Quality Signature golf course Higher end golf course Mid quality golf course Lower end golf course EMA Total average Source: KPMG Survey
Average construction costs for an 18-hole golf course by quality of golf course (‘000 EUR) 7,000 EUR 325,000 248,000 160,000 100,000 198,000 6,000 5,000 4,000 3,000 2,000 1,000 0 Average cost EMA average 3,556 2,879 1,796 4,474 5,860 Lower end golf Mid quality golf Higher end golf course course course Signature golf course Source: KPMG Golf Course Development Cost Survey G o l f C o u r s e D eve l o p m e n t C o s t S u r vey 2 3 The signature designers’ perspective According to signature golf course architects’ experience the construction costs of an 18-hole golf course range from EUR 3. to EUR 10. 4 million. As part of our research we aimed to collect the opinions of professional signature designers about their experiences regarding the level of investments required in the EMA region. We have asked three worldwide renowned signature golf course architects (for confidentiality named A, B and C) to give us an estimate of the construction costs of the most expensive, least expensive, and of an average 18-hole golf course designed by their company in the past five years.
The responses of the selected designers broadly confirmed our survey’s findings on construction costs. Construction costs of courses designed by three signature golf course architects (for 18-hole golf course) Signature designers Million EUR Most expensive Average Least expensive A 10. 4 5. 2 3. 9 B 8. 8 6. 4 3. 6 C 10. 0 8. 0 6. 0 Average 9. 7 6. 5 4. 5 Source: KPMG Golf Course Development Cost Survey Signature design fees for a typical 18-hole golf course Signature designers ‘000 EUR Europe Middle East Africa Average A 820 860 600 760 B C
The approximate construction costs of the most expensive 18-hole golf course designed by the three selected signature designers vary from EUR 8. 8 to 10. 4 million. The least expensive 18-hole golf courses were EUR 3. 6 – 6. 0 million to develop. The average development costs of an 18-hole golf course of the three selected signature designers is EUR 6. 5 million. We then asked signature golf course architects to quote their fees for a typical 18-hole golf course in Europe, Africa and Middle East.
It is noteworthy that the given range does not vary significantly from one region to the other. A more significant difference appears, however, between the average fees of the three companies, for A 0. 76 million, for B 1. 84 million, and C 1 million euros. Based on their responses we can estimate that the design fee for a typical 18-hole signature golf course in the EMA region is around EUR 1. 2 million. 1,760 1,000 2,000 1,000 1,780 1,000 1,840 1,000 Source: KPMG Survey 2 4 G o l f C o u r s e D eve l o p m e n t C o s t S u r vey Non-signature designers’ perspective
Putting the same questions to three reputable golf course architects with experience mainly in Europe, we found that the development costs of courses designed by selected architects are obviously lower, ranging from EUR 1. 2 million to EUR 7 million, with an average of EUR 3. 6 million. .8 Construction costs of courses designed by non-signature designers from selected regions (for 18-hole courses) Non-signature designers from Million EUR Most expensive Average Less expensive Non-signature design fees for a typical 18-hole golf course Non-signature designers ‘000 EUR A Europe 210 B 195 C 275
Mediterranean Central Europe UK & Ireland Europe 5. 0 3. 5 2. 7 7 . 8 4. 3 2. 6 7 . 0 3. 0 1. 2 Average 6. 6 3. 6 2. 2 Source: KPMG Golf Course Development Cost Survey Average design fees for the three non-signature architects in Europe were approximately EUR 225,000. These results show that signature design fees in Europe on average can be more than five times higher than a non-signature architect fees (i. e. EUR 1. 19 million versus EUR 0. 22 million). Source: KPMG Survey Arosa Golf Club, Switzerland Designer: Harradine Golf
G o l f C o u r s e D eve l o p m e n t C o s t S u r vey 2 5 Conclusions Although the development of golf still lags well behind more mature markets like the United States, it is becoming increasingly popular in the EMA region and certainly presents new exciting investment opportunities for the coming years. In the last few decades a great variety of golf courses have been developed, including short and inexpensive courses as well as expensive high-end private clubs. Our research has covered a wide range of recent developments from Spain to Kuwait, Iceland to South Africa.
Our study shows that dependence on tourism demand vis-a-vis local demand, coupled with the different stages of economic development of a region, often influence the type of golf course development in terms of size, and quality, but above all, development costs. For example, in less mature markets like Eastern Europe, the development of relatively cheap golf courses, affordable to the vast population residing in these countries, is important for growing the market penetration of the game in the region. In certain cases 9-hole courses, which on average cost a third of an 18-hole course in the EMA region (1. 3 million euros versus 3. 56 million euros), can be the driving force behind the development of golf demand at the local level. The development of an increasing number of golfers is of vital importance, as our research demonstrates that in less developed markets, personal interests and passion in the game, rather than expected profitability, is often the driving force behind golf course development. On the other hand, regions seeking to attract the high spending international golf tourists will have to develop products of a different type.
Developments in the Middle East, being the most expensive from a developer’s perspective amongst the seven sub regions under review, require on average investments exceeding 6 million Euros. We also found that in Mediterranean Europe, including Spain, Italy and Cyprus, a typical 18-hole development required on average EUR 4. 7 million. In more developed golf markets (e. g. the United Kingdom, Ireland, South Africa, as well as many golf tourism destinations in the Mediterranean) the development of a golf course is often coupled with a strong real estate, hospitality and leisure component.
Although certain developments can involve tens of millions of Euros, our survey proves that the business of golf – including golf course developments – strongly relies on informal links and connections. Personal referrals and membership in the golf community were determining factors in the selection of architects and construction companies. KPMG welcomes your inquiries concerning both the results of this survey and the possible development of golf-related projects. 2 6 G o l f C o u r s e D eve l o p m e n t C o s t S u r vey
For further information please contact the research coordinator: Andrea Sartori Partner, Head of Travel, Leisure and Tourism Group CEE Tel: +36 1 887 7100 Fax: +36 1 887 7392 E-mail: andrea. sartori@kpmg. hu KPMG in Hungary H-1139 Budapest, Vaci ut 99 Hungary KPMG offices contributing to the survey: KPMG in Cyprus Christophoros Anayiotos E-mail: canayiotos@kpmg. com. cy KPMG in Italy Roberto Mollica E-mail: rmollica@kpmg. it KPMG in the Netherlands Tinge Boudewijn E-mail: tinge. boudewijn@kpmg. nl KPMG in Poland Andrzej Gojny E-mail: agojny@kpmg. pl KPMG in South Africa Kirsty Stewart E-mail: kirsty. tewart@kpmg. co. za KPMG in Spain Francisco Diaz Torren E-mail: fadiaz@kpmg. es KPMG in the UK Nick Pattie E-mail: nick. pattie@kpmg. co. uk KPMG in the United Arab Emirates Neeraj Dassani E-mail: ndassani@kpmg. com Pearl Valley Signature Golf Estate & Spa Franschhoek, South Africa Designer: Nicklaus Design For over 30 years, the mission of the Nicklaus Companies has been to enhance the golf experience, and to bring to the national and international consumer golf-related businesses and services that mirror the high standards established in the career and life of Jack Nicklaus.
These services include golf-course design, the development of golf and real estate communities, and the marketing and licensing of golf products and services. Nicklaus Design, recognized as the world leader in golf course design, has been involved with 288 courses open for play in 28 countries and 37 states. Of those, Jack Nicklaus has designed, co-designed or re-designed 241 courses around the globe, 45 of which have been ranked in various national or international Top-100 lists. Photo: Grant Liversage kpmg. com
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received, or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. © 2005 KPMG CEE Ltd. , a member firm of KPMG International, a Swiss cooperative. All rights reserved.
Narrative popular mba argumentative essay help: popular mba argumentative essay help
CALTEX FUEL POINTE SERVICE STATION Sto. Nino, Gapan city, Nueva Ecija In Partial Fulfillment of the Requirements for the Course Bachelor of Science in Information Technology Presented by: Mr. Kevin M. Sesbreno B. S. Information Technology Presented to: Mrs. April A. Atendido OJT Coordinator Republic of the Philippines NUEVA ECIJA UNIVERSITY OF SCIENCE & TECHNOLOGY San Leonardo Academic Extension Campus NARATIVE REPORT ON ON THE JOB TRAINING AT CALTEX FUEL POINTE SERVICE STATION Sto. Nino, Gapan city, Nueva Ecija In Partial Fulfillment of the Requirements for the Course Bachelor of Science in Information Technology
Presented by: Mr. Emmanuel P. Garcia Mr. Kevin M. Sesbreno B. S. Information Technology Presented to: Mrs. April A. Atendido OJT Coordinator TABLE OF CONTENTS * Approval Sheet * Acknowledgement * Dedication I. INTRODUCTION a. Objectives of OJT b. Industrial Linkages & Coordination Office (Philosophy, Mission & Goals) II. The Training Agency / Company Profile a. Company Philosophy (Mission, Vision, Goals & Mandate) b. History (Company Background) III. Company Organization a. Organizational Structure b. Profiles of the Company c. Function of the Company d. Programs & Initiatives e. Expected Benefits IV.
Experience Evaluation a. OJT Experience b. Insights Problems Encountered Suggestions & Recommendation V. APPENDICES a. Daily Time Record b. Weekly Report c. Evaluation d. Pictorials e. Certificate of Completion f. Author’s Data Republic of the Philippines NUEVA ECIJA UNIVERSITY OF SCIENCE AND TECHNOLOGY San Leonardo Academic Extension Campus San Leonardo, Nueva Ecija APPROVAL SHEET In partial fulfillment of the requirements in this NARRATIVE REPORT ON ON – THE – JOB TRAINING for the Degree of Bachelor of Science in Information Technology has been prepared and submitted by EMMANUEL P. GARCIA. Recommended By: MRS. Lorna G.
Flores Trainor Accepted and Approved as partial fulfillment of the requirements in the course BACHELOR OF SCIENCE IN INFORMATION TECHNOLOGY, with rating of MRS. APRIL A. ATENDIDO OJT 1 Coordinator DATE OF APPROVAL: Republic of the Philippines NUEVA ECIJA UNIVERSITY OF SCIENCE AND TECHNOLOGY San Leonardo Academic Extension Campus San Leonardo, Nueva Ecija APPROVAL SHEET In partial fulfillment of the requirements in this NARRATIVE REPORT ON ON – THE – JOB TRAINING for the Degree of Bachelor of Science in Information Technology has been prepared and submitted by KEVIN M. SESBRENO. Recommended By: MRS. Lorna G. Flores Trainor
Accepted and Approved as partial fulfillment of the requirements in the course BACHELOR OF SCIENCE IN INFORMATION TECHNOLOGY, with rating of MRS. APRIL A. ATENDIDO OJT 1 Coordinator DATE OF APPROVAL: ACKNOWLEDGEMENT We like to acknowledge the almighty GOD who gave us wisdom and intellectual capacity to let this work be of reality. We want to thank GOD for His guidance, help and protecting us from the first day of my OJT up to the last day, and for giving us strength in everyday just to fulfill this program. Secondly, we would like to acknowledge Caltex Fuel Pointe Service Station for accepting us as there ON-THE-JOB TRAINEE.
For giving us chance to experience how to work in their company, and we want to thank also the manager, employees, cashier, security guard for giving me as sort of advice regarding the work that we experienced, for the knowledge that we gained when we worked with them as an OJT TRAINEE. We also wish to acknowledge the following person who helped us to finish/fulfill this program. We would like to thank all people who have helped and inspired us during my on-the-job training. We would like to thank our parents Eric Garcia and Ma.
Theresa Sesbreno for their guidance, concern and understanding and love and care that strongly encourage us in the fulfillment of the desired task. To our Aunt Lorna G. Flores for guiding us and for untiring appreciation. DEDICATION This narrative report is dedicated to our Almighty GOD for His guidance, helped and protecting us up to the beginning of our OJT up to the end of it. We personally dedicate this narrative to our family for their support, effort, moral encouragement, and for supporting us financially just to finish this program, it is dedicated to them because they served as our inspiration to finish this program.
And to give our best in OJT. Lastly, we dedicate this narrative report especially to ourselves because we know we gave all our effort and time to finish this program. This work is dedicated to our girlfriend, Hazel S. Odono and Jessie Anne Lafina without their caring support it would not have been possible, and to the effort of our parents, Mr. & Mrs. Garcia and Mr. & Mrs. Sesbreno just to fulfill this program. I. INTRODUCTION INTRODUCTION On the job training or OJT is one method by which students is given a chance to apply the theories and computations that they have learned from the school.
It also helps the students to acquire relevant knowledge and skills by performing in actual work setting. Colleges and universities require their students to undergo such training within a specific number of hours as part of the curriculum. For the students, an OJT or internship program provides opportunities to go through the actual methodologies of a specific job using the real tools, equipments and documents. In effect, the workplace becomes a development venue for a student trainee to learn more about his chosen field and practice what he has learn from academy.
On the other hand, an effective OJT program also benefits the companies who accept trainees. First OJT or intern provides additional manpower for a lesser labor cost than a regular employee. Most of them are all eager to learn the ropes so chances are high that they will cooperate. Employers can use this internship strategy as a method in recruiting new employees. Since the trainer or the supervisor can follow the trainees’ progress, he can gauge based on performance, behavior and attitude if the trainee will make a good recruit after the completion of his internship.
This study examines an early element of federal job training policy implementation – the job training plan – in order to assess its effect on the fulfillment of federal policy goals. OBJECTIVES OF OJT PURPOSE This is exciting time for me to have an ON THE JOB TRAINING that will allow individuals to learn the knowledge and skills they have been hired to do. OBJECTIVES 1. To provide students the opportunity to promote and broaden her/his philosophy and understanding of the chosen profession. 2.
To provide the OJT students the opportunity to integrate theory and practice in his/her professional educations, to encourage the exchange of contemporary thinking between the apprenticeship and the agency and the agency personnel. 3. To enable OJT students to obtain information which can be used as basis for making choices and relation to future careers, areas of specialization, and or for their study. 4. To provide students opportunity to gain experience, supervisory, and administrative function. 5. To enable student- trainee to realize his/her own strength and weaknesses. 6.
To help students being an understanding and appreciation of the role duties, responsibilities of a full time professional. 7. To provide student-trainee with experience that will enable him/her to develop sound human relation. 8. To strengthen relationship between the cooperation agency and university. INDUSTRIAL LINKAGES AND COORDINATION PHILOSOPHY Industrial Linkages and Coordination shall be committed to the philosophy of training and molding highly motivated industrial workers who shall be responsible for the development of the country future middle level manpower to spur the economy. MISSION
To provide access to relevant and comprehensive industrial training program for the students to enhance technical competence and ensure job placement. GOAL To provide quality training and proper skills, work attitude and knowledge to prospective student trainees in different degree and non degree programs of the university. IV. EXPERIENCE EVALUATION ON-THE-JOB TRAINING EXPERIENCE With almost two months of our OJT in Fuel Pointe Caltex Service Station, we have gained a lot of experience involving to real job situation. The staffs and bosses of F. P. C. S. S, treat us as nice as one of them. They elped us with the things that we must learn about their station as well as the company. In our training we used to arrange and manage records manually. We also encode some records like the total daily sales oil and gas weekly report. Compute the meters of every pump reading. We are so thankful with this opportunity to work with them as a trainee because we have applied and developed us to learn how to deal with problems that we may encounter with our future job. During our ON-THE-JOB-TRAINING in Fuel Pointe Caltex Service Station, there was no considerable problem in our place assignment.
The problems that arise are mostly because we not used to working in that environment. Some of these are; At first, we had lack of self confidence and hard time searching the right approach on our supervisor although they all show kindness to us. We are not consistent on our early attendance, sometimes we got late which is not a good thing about a real job situation. But up to the end of our ON-THE-JOB TRAINING we feel fulfilled and contented with all the knowledge and experience that we have gained of course with all the helped of our good LORD. AUTHOR’S DATA Name:Emmanuel P. Garcia Age:18 Address:134 Burgos St.
San Leonardo, Nueva Ecija Birthday:December 18, 1994 Contact number:0926-600-3350 Father:Eric V. Garcia Mother:Valerie P. Garcia Course: BACHELOR OF SCIENCE IN INFORMATION TECHNOLOGY Nueva Ecija University of Science and Technology San Leonardo Academic Extension Campus AUTHOR’S DATA Name:Kevin M. Sesbreno Age:18 Address:153 Burgos St. San Leonardo, Nueva Ecija Birthday:July 25, 1994 Contact number:0935-797-3235 Father:Rico G. Sesbreno Mother:Ma. Theresa M. Sesbreno Course: BACHELOR OF SCIENCE IN INFORMATION TECHNOLOGY Nueva Ecija University of Science and Technology San Leonardo Academic Extension Campus
Dont Judge the Book by Its Cover persuasive essay help: persuasive essay help
At the beginning of each unit in the compendium you will find reading instructions. It is suggested that before the lectures and workshops you first read the introductions (the text parts) in each unit in the compendium and then the relevant sections in the textbook. In each chapter of the book there is a wide range of exercises that you are also advised to do. Further, there is a companion website for the textbook with additional exercises and answers to selected questions in the book. The URL is http://wps. pearsoned. co. uk/ema_uk_he_nelson_enggram_3/ What is grammar?
Grammar can be defined as a systematic description of a language. It is traditionally divided into two branches, morphology and syntax. Morphology is the study of the structure or forms of words. For example, in English the ending -s may be used to form the plural of nouns (teacher vs teachers) or the present tense, 3rd person singular, of verbs (I play vs she plays). Another ending, -ed, is added to verbs to form the past tense (I play vs I played) or the so-called past participle (The role of Dracula was played by Christopher Lee). Syntax is the study of the rules governing the way words are combined to form sentences.
One such rule says that in English (and many other languages including Swedish) the normal word order should be Subject + Verb + Object (Elvis has left the building, not *Elvis the building has left (an asterisk is used to show that the sentence is ungrammatical)). We should distinguish between descriptive grammar on the one hand, and prescriptive grammar on the other. Descriptive grammar, which this course is about, attempts to describe how the forms and constructions in spoken and written language are actually used, and avoids rules of correctness.
The latter is, instead, the concern of prescriptive grammar, which states what is ‘right’ and ‘wrong’ in language use. For example, in prescriptive grammar of English, the so-called split infinitive, a construction with a word between to and a verb (To boldly go where no man has gone before) is branded as incorrect and should therefore be avoided. (In actual fact, this construction is very common and is sometimes the only natural choice. ) Aim of the course and some general study tips This course provides a systematic description of English grammar.
There is both a theoretical and a practical aim of the course. The theoretical aim is that you should gain a better understanding of English grammar as a system. The practical aim is that by using your theoretical knowledge of grammar you should become considerably more proficient in writing and speaking English. To describe and analyze grammar, we need terminology. Some of the terms used in the course you will probably recognize immediately, for example noun, verb, subject, object, and sentence, others may be new to you, for instance antecedent, restrictive clause and partial inversion.
The use of this terminology is, of course, meant to facilitate the understanding of the concepts in question. So, what kind of questions should you be able to answer at the end of the course? Here are some examples: Why can the definite article not be used with coffee in Coffee has gone up? What is the meaning of the modal auxiliary should in You should eat more fruit? Why is there used as an Anticipatory Subject in There seem to be other problems as well? What kind of word order is the underlined part of the following sentence and why is it used? Not until yesterday did I realize my mistake.
Before you set about studying English grammar in earnest, it is a good idea to browse through the course material to form a rough idea of the contents of the course. You will certainly find many things that you are already familiar with to some extent, but you will also come across things you did not know before or only had little knowledge about. Organize your studies from the very beginning and do not postpone revising what you have read until the course is over. We hope you will enjoy the grammar course. It is great fun! UNIT CONTENTS (lectures + textbook + compendium)
Unit 1 – A Grammatical Introduction ? ? What is grammar? ? The building blocks of syntax: sentences, clauses, phrases Clause elements ? Word classes ? Concord Unit 2 – Nouns and Noun Phrases The structure and functions of the Noun Phrase ? Types of nouns: uncountables, countables, proper nouns ? Types of plural ? Generic and specific reference ? The use of the indefinite and definite articles ? The genitive ? Unit 3 – Verbs and Verb Phrases (I) The structure and function of the Verb Phrase ? Types of verbs: lexical, primary, modal The principle parts of a verb ? Finite and nonfinite forms ?
Verbs + nonfinite forms (verb + to-infinitive, verb + -ing form, etc) ? Transitivity ? Auxiliaries: functions (an overview) ? Primary verbs: functions ? Mood ? Modal auxiliaries: meanings ? Multi-word verbs ? ? Unit 4 – Verbs and Verb Phrases (II) Transitivity (cont. from Unit 3) ? Tense: definition ? Aspect: definition ? Simple and progressive forms: main functions ? State (stative) and dynamic verbs ? Simple present, past, present perfect and past perfect: the most important uses ? Future forms: six important constructions ? Conditional sequences ? The passive construction ?
The basic sentence structures ? Unit 5 – Pronouns Pronouns: functions ? Types of pronouns: personal, possessive, etc ? it and there, reflexive, possessive, demonstrative, interrogative, relative, and indefinite pronouns: some important uses ? Unit 6 – Adjectives, Adverbs, Prepositions and Conjunctions The structure and functions of the Adjective Phrase ? Adjectives: formation and types of comparison ? Some ‘problematic’ adjectives ? Nominalized adjectives ? Nationality words ? The structure and functions of the Adverb Phrase ? Adverbs: formation and types of comparison ?
Prepositions ? Conjunctions ? Word-forms belonging to more than one word class ? Unit 7 – Word Order, Complex Sentences Word order: the three types (normal word order, partial inversion, full inversion) and their uses ? The position of certain Adverbials ? Sentences and clauses: compound sentences, complex sentences, types of subclauses, etc. ? UNIT 1 – A GRAMMATICAL INTRODUCTION ? ? ? Read Unit 1 in this compendium. Sections in An Introduction to English Grammar by Greenbaum & Nelson (IEG): Chapter 0: 0. 1-0. 8; Chapter 4: 4. 1-4. 10; Chapter 1: 1. 1-1. 2, 1. 5-1. 6, 1. 4; Chapter 3: 3. 1; Chapter 5: 5. 1-5. 7 Exercises in Unit 1 in this compendium. Before you start studying English grammar in earnest you need to familiarize yourself with a number of elementary grammatical categories. These categories are described in this unit. The largest building block of syntax* (in traditional grammar) is the sentence. A sentence consists of one or more clauses. A clause consists of one or more phrases. A phrase consists of one or more words. *) Syntax = The rules of grammar that are used for ordering and connecting words to form phrases and clauses. lause (and sentence) phrase phrase phrase phrase phrase word word word word word word word word Most people actually consider these books rather expensive. main clause (and sentence) clause (subclause) phrase phrase phrase phrase phrase phrase word word word word word word word word While I was asleep, I dreamed about you. SENTENCE A sentence consists of one or several clauses (see below). It expresses a complete idea or asks a question. In English (and in many other languages) it begins with a capital letter and ends with a full stop (AmE period). For examples, see Clauses below. 1 CLAUSES
A clause can be defined as a group of words that contains a Subject and a Predicator, and in most cases other elements as well. The following is a clause: The dog chased the cat. “the dog” is the Subject, “chased” the Predicator, and “the cat” the Object. Main clause = A clause which is never dependent on another clause. Subclause or subordinate clause = A clause that functions as a clause element in the main clause. A subclause can also be a clause element in another subclause in the same main clause (see last example below). I have been here before. Main clause (the whole sentence).
Sarah plays the piano and Nicholas plays the flute. Main clauses: 1) Sarah… piano, 2) Nicholas… flute I was having a bath when the bomb exploded. Main clause: the whole sentence. Subclause: when the bomb exploded (=Adverbial in the main clause) The woman who is standing in the corner is my wife and the man who is talking to her is her brother. Main clauses: 1) The woman… wife, 2) the man… brother Subclause in 1st main clause: who is standing in the corner Subclause in 2nd main clause: who is talking to her I know that you are ill and that you have to stay at home. Main clause: the whole sentence.
Subclauses: 1) that you are ill, 2) that you have to stay at home The subclauses both depend on the main clause but not on each other. They both function as Objects in the main clause. I know that you think that this is wrong. Main clause: the whole sentence. Subclauses: 1) that you think that this is wrong (=Object in the main clause), 2) that this is wrong (=Object in 1st subclause) The 2nd subclause depends on the 1st subclause. For a description of types of subclauses, see pp. 76-78 in Unit 7. 2 PHRASES A phrase is a grammatical unit that lacks the Subject-Verb structure of clauses.
It usually consists of at least two words (but may be just one word). There are five types of phrase: Noun Phrase (NP), Verb Phrase (VP), Adjective Phrase (AdjP), Adverb Phrase (AdvP) and Prepositional Phrase (PP). The categorization of all the phrase types except the PP is based on type of head (the most important word) of the phrase. The Prepositional phrase (PP) has no head. In the clause The new teacher has arrived there are two phrases: “the new teacher” (the Subject of the clause) and “has arrived”, the Predicator. In the first phrase, the most important word is “teacher”, which is a noun.
For this reason, we call this phrase a Noun Phrase. The second phrase only contains verbs. Such a phrase is called a Verb Phrase. • Noun Phrase (NP) HEAD: a noun or pronoun the new student in the class HEAD Postmodifier Determiner Premodifier The terms Determiner and Modifier are defined at the end of Clause elements below. Verb Phrase (VP) HEAD: a main verb would have been working Aux Aux Aux HEAD • Aux = auxiliary verb (Sw. hjalpverb) (Sometimes, but not in this compendium, the first auxiliary is regarded as the head. ) • Adjective Phrase (AdjP) HEAD: an adjective very good Premodifier HEAD Adverb Phrase (AdvP) HEAD: an adverb incredibly beautifully Premodifier HEAD • Prepositional Phrase (PP) 1st element is a preposition, 2nd an NP. in prep the garden NP 3 CLAUSE ELEMENTS Clause elements can be combined to form seven basic clause types. It is the verb in the clause that decides what other clause elements can or must be used. A clause element can be a word/phrase or a whole clause. (The abbreviations S, V, etc. , are explained under “Primary clause elements”. ) S+V S+V+O S+V+C S+V+A S+V+O+O S+V+O+C S+V+O+A I / shouted. I / read / the letter. I / know / that you are right.
I / am / hungry. The fact / is / that you are right. I / went / to Gothenburg. She / blushed / when I turned up. I / gave / him / a pen. I / painted / the house / red. I / put / the money / on the table. I / will help / you / if you help me. PRIMARY CLAUSE ELEMENTS SUBJECT (S) ? The Subject is placed before the Predicator (the verb) in statements: The man shouted. In questions the Subject comes after the first verb: Are you coming? ? The Subject decides whether the verb is singular or plural in the third person of the present tense. He seems tired. They seem tired.
That Tom will tell us the truth (S=clause) is unlikely. ? The Subject is very often the “doer” of the action, but not always. In, for example, a passive clause it is instead the person or thing affected by the action, as in The money was stolen. ? If the Subject is an indefinite Noun Phrase or a clause, it is usually moved towards the end of the clause. In its “original” initial position it is replaced by a so-called Anticipatory Subject, there or it: There is a new car in the street. It is nice that you can come. V iO dO ? Note that in imperatives there is no Subject: Give | me | some water! iO = indirect Object; dO = direct Object > see further under Object below) ? Subjects can be: Noun Phrases (including pronouns): Eggs and sausages were sizzling in the pan. She fainted. Clauses: That they failed to turn up surprised nobody. VERB (V) ? The verb plays a central role in the clause. It is usually obligatory and it also decides what other clause elements can be used. The verb disappear, for example, must have a Subject (She disappeared), but other clause elements would be optional. With the verb give, however, a Subject, an Indirect Object and a Direct Object are obligatory clause elements (I gave her a rose). The Verb must be a Verb Phrase: The dog chased the cat. I’m hungry. She is playing tennis. She would have done it. The Verb may consist of a main verb, as in the first and second example above, or a main verb and one or several auxiliary verbs, as in the third and fourth example. 4 OBJECT (O) ? Some verbs, so-called transitive verbs, need an Object. This clause element usually follows the Subject and Predicator in a clause. There are two types: Direct Object (dO) and Indirect Object (iO). ? The Direct Object is the common one and it has a wide variety of meanings.
For example, it can be the person or thing directly affected by the action expressed by the verb, as in The doctor cured her patient, He headed the ball into the net, or be the result of somebody’s action, as in She wrote a letter. ? The Indirect Object is usually the recipient of the action – almost always a person, seldom a thing. If there is an Indirect Object in a clause, there is normally a Direct Object as well. She gave me (iO) a kiss (dO). We’ve bought the children (iO) some presents (dO). In these examples, the Indirect Object precedes the Direct Object.
If, however, the Indirect Object is constructed with a preposition, the Direct Object comes before the Indirect Object, as in We’ve bought some presents (dO) for the children (iO). ? Objects can be: Noun Phrases (including pronouns): Have you read this book? He bought me (iO) a ring (dO). Clauses: I know that you are right. COMPLEMENT (C) ? Complements provide information about the Subject or Direct Object through a verb. The information given is either descriptive, as in She is happy, or identifying, as in She is a teacher. There are two types of Complement: Subject Complement (sC), and Object Complement (oC). The Subject Complement is linked to the Subject through the verb be or other so-called linking verbs, e. g. become and taste: He is a very lucky man. The problem became worse. The soup tastes nice. ? The Object Complement follows the Direct Object, and provides information about that element. It made me angry. He considers himself a genius. ? Complements can be: Noun Phrases (including pronouns): Tom is my best friend. That’s it. Adjective Phrases: The concert was marvellous. This looks very good. Clauses: My belief is that things can’t get any worse. ADVERBIAL (A) ?
Adverbials have many different meanings, for example manner (He sings well), place (We live in Sweden), time (I met her last week), condition (If you help me, I will help you), purpose (They arrived early in order to get good seats), attitude (Regrettably, very few people turned up for the meeting). ? Some Adverbials modify, i. e. say something about, the verb in the clause (She walked slowly), others link clauses together (Professor Watson has fallen ill. Consequently, her lecture has been cancelled), or convey the speaker’s or writer’s comment on the information in the rest of the clause (Fortunately, nobody was hurt). Adverbials can be: Adverb Phrases: She played very well. They travelled abroad. Prepositional Phrases: He was educated in Scotland. Noun Phrases: Are you going abroad this year? Clauses: I’ll talk to her when she comes back. 5 ? Note the difference between Adverbial and adverb! An Adverbial is a clause element, an adverb is part of a word class. Adverbs can certainly be used as Adverbials (see above) but can also function as modifiers of nouns, as in The weather was fine the day before, where “before” modifies the noun “(the) day”. Note that Swedish ‘gradadverbial’ is not included in the category of Adverbials in the English system. It is a modifier (see below). AGENT (Ag) The agent is the “doer” of the action in a passive clause. It is always introduced by the preposition by: The cat was chased by the dog. SECONDARY CLAUSE ELEMENTS: modifiers Modifiers are words or groups of words that give additional information about another word (the HEAD). Modifiers can be adjectives (a fierce dog), adverbs (She sings very beautifully) or phrases (a dog with a short tail).
Modifiers placed before the Head are called premodifiers, those placed after it are called postmodifiers. OTHER ELEMENTS: determiners Determiners of nouns are grammatical words such as the definite and indefinite article (the, a, an), demonstrative pronouns (this, that), possessive pronouns (my, our), genitives (Mary’s), numerals (two) and quantifiers (some). Determiners are usually not considered to be clause elements. * WORD CLASSES – some characteristics NOUNS: Words that refer to a person (such as Mary or teacher), place (such as New York or city), a thing, quality, substance, or an activity (such as table, sorrow, coal or concert).
A noun is usually used as the head of the Subject, Object or Complement of a clause (The new teacher (S) has arrived, Have you met the new teacher (O)? , Mr Grant is the new teacher (C)). Nouns are divided into common nouns and proper nouns. Common nouns are either countable, which means they can appear in the plural, e. g. chair, woman, opinion or uncountable, which means they cannot appear in the plural, e. g. water, bread, information. Both countable and uncountable nouns can be preceded by the definite article (the), e. g. the book, the bread.
If the noun is countable it can also be preceded by the indefinite article (a, an), e. g. a book. A proper noun is the name of a person, place, an institution, etc. , and is written with a capital letter, e. g. Tom, Mrs Jones, Rome, Texas, the Thames, the White House. VERBS: Words that express actions, events, processes (such as walk, eat, play), and states (such as exist, cost, love) or which give grammatical information, for example about aspect (I have eaten). A verb is usually used as the Predicator of a clause (She walks two miles every day) and typically appears in different tenses, e. . she walks / she walked. Verbs are divided into main verbs and auxiliary verbs. The main verb is the head of the Verb Phrase and denotes 6 an action or state, such as work, run, read, appear, hate. Auxiliary (or ‘helping’) verbs are used together with main verbs to express, among other things, aspect (She is studying, She has left), and passive voice (The cat was chased by the dog). There are a few auxiliaries that do not have a grammatical function but instead are used to express possibility, probability, permission, necessity, etc. Such auxiliaries are called modal auxiliaries, e. g.
I can help you, You may leave, We must do something. PRONOUNS: Words that are used instead of a Noun Phrase with a noun as its head, as in Where is John? He’s in the garden (“he” replaces “John”), Have you met the new teacher? She’s from London (“she” replaces “the new teacher”). A pronoun can also refer directly to a fact or situation, as in There’ll be trouble and I don’t like it. Pronouns have the same functions as nouns, i. e. they can appear as Subject, Object, or Complement of the clause (She loves me, This is it). Some pronouns can appear both together with nouns and on their own (This is my book, It is mine).
When appearing with a noun, they are said to function as determiners. Eight different subclasses of pronouns can be recognized: Personal pronouns (I, you, he, she, it, we, they), reflexive pronouns (myself, yourself, etc. ), possessive pronouns (my/mine, your/yours, his, her/hers, etc), reciprocal pronouns (each other, one another), interrogative pronouns (who? , whom? , whose? , which? , what? ), relative pronouns (who, whom, whose, which, that), demonstrative pronouns (this/these, that/those), indefinite pronouns (e. g. some, any, no, everyone, somebody, anything, either, neither, each, much, many, more, most, less, fewer).
ADJECTIVES: Words that describe or classify people or things, for example, old, interesting, American, legal in an old church, an interesting idea, an American tradition, legal advice. Many adjectives, especially those that describe, can be compared (Sw. kompareras): older/oldest, more/most interesting. An adjective can act as a Premodifier of a noun, i. e it occurs immediately before a noun: an old building. This is the attributive function of an adjective. An adjective can also be used as a Complement after linking verbs, such as be, become, and seem: The building was old, She became famous, You seem tired.
This is the predicative function of the adjective. With many adjectives, very and other intensifying words can be used as premodifiers: very old, extremely beautiful. Many adjectives can be turned into adverbs by the addition of -ly: kind > kindly. ADVERBS: Words that denote place (I live here), time (Let’s do it now), manner (Drive safely! ) or degree (a fairly easy book). Adverbs modify verbs (She sings beautifully), clauses (Fortunately, we got home before it started to rain), adjectives (The weather was exceptionally cold) or other adverbs (He speaks too quickly). When the adverb modifies a verb or a clause, it acts as an Adverbial.
Modifying an adjective or another adverb, the adverb acts as a Premodifier. Adverbs can also, but not typically, occur as modifiers of nouns, as in the away team, and Europe today is not the Europe of 1946. Note the difference between adverbs (a word class) and Adverbial (a clause element). Many adverbs are formed by the addition of -ly to an adjective (e. g carefully). This is, however, not the only way of forming adverbs. PREPOSITIONS: Words or groups of words, such as after, in, from, to, with, out of and instead of, used before a Noun Phrase including pronouns to indicate place, position, direction, time or method.
Some examples: She lives in the city, She began to walk away from him, Leave your keys at reception before departure, Cut it with a knife. 7 CONJUNCTIONS: There are two types of conjunctions: Coordinating conjunctions are words, such as and, but or or, that connect clauses or clause elements of equal importance. Examples: She’s already had two holidays this year and now she wants another one (two coordinated (main) clauses), We were tired and hungry (two coordinated clause elements (Complements)). Subordinating conjunctions are words that begin a subordinate clause, i. . a subclause. To this category belong, for example, although and because: Although the sun was shining (=subclause) it wasn’t very warm, I did it because he told me to. NUMERALS: Words that represent numbers. There are two types. One is cardinal numbers, such as one, two, three, which are used to show quantity rather than order. The other type is ordinal numbers, such as first, second, third, which are used to refer to the position of something in a series. ARTICLES: The definite article the and the indefinite article a/an.
The articles are usually used as determiners in Noun Phrases: the (a) black cat. * CONCORD By the term concord we mean agreement between one element and another, especially in terms of number. • A singular noun as Subject co-occurs with the third-person singular form of the verb in the present tense: This house is very old. My father takes out the garbage. Note so-called uncountable nouns such as money and furniture, which are always treated as singular: Where is the money? This furniture looks new. Demonstrative pronouns have both a singular and a plural form: this/that vs. these/those.
If such a pronoun is used with nouns, the choice of form is governed by whether the noun is in the singular or in the plural: this house, these houses, this/that money. Also note that if an uncountable noun is replaced by a personal pronoun, the form must be it (not they or them): Where is the money? I can’t find it. Some nouns are always treated as plural, for example people, trousers and scissors: There were many people at the party. These are new trousers. Where are the scissors? Especially in BrE, the singular form of a collective noun (a noun referring to a group of people or things) can take both a singular and a plural verb.
When members of the group are viewed as a unit, a singular verb is used: The public has a right to know. When the members of the group are viewed as individuals, a plural verb is used: The government are (=The members of the government are) confused about what to do next. Plural phrases of quantity or extent take singular verbs when the quantity or extent is viewed as a unit: Ten months is a long time. Otherwise, a plural is used: Ten months have passed since I last saw Peter. To describe some situations in which there are at least two participants or objects involved, English uses a plural noun: The two men shook hands.
We have to change trains at Clapham Junction. • • • • • 8 Exercises Phrases What kind of phrase (NP, VP, AdjP, AdvP, PP) is the underlined part in each sentence? Note that a phrase can consist of one word. 1 2 3 4 5 6 7 8 9 10 Do you know my brother? I live in London. She’s a very beautiful girl. He sings extremely beautifully. I would have done it if I had had the time. I’ve bought a big old round wooden table. That’s highly unlikely. I admired the paintings at the art gallery. Can you do it for me? They are happy to be here. Clause elements I What clause element is the underlined part in each sentence? S, V, sC, dO, oC, iO, A) 1 2 3 4 5 6 7 8 9 10 Where are you? I met her in the park. I’m reading the paper. We’re so happy. He ran away quickly. We consider the answer wrong. I gave her a kiss. Unfortunately, she can’t come to the party. What are you reading? I painted the house red. 9 Clause elements II Analyse the sentences below. Use the following abbreviations: S, V, sC, dO, oC, iO, A. I met her the other day. She sent me a postcard. Grandma told me a scary story. I saw him in the street. I consider the answer wrong. She was sad. Jack built a house. The tiger is a dangerous animal. She was appointed chairperson.
We offered them money. The next morning we arrived in Brighton. The parcel will be delivered by Monday. Our teacher made us nervous. They appointed her chairperson. They were sitting in the garden. Mr Grant is our teacher. They drove home. She drove quickly. I was reading the paper. Jackie is at home. He seemed very reliable. They named the girl Susan. Yesterday I saw a movie. I have a new car. He had written me a letter. This appears wrong. 10 Clause elements III Analyse the sentences below. Use the following abbreviations: S, V, sC, dO, oC, iO, A. 1. She hid the letter hastily. 2. Did you hear anything? . Tom hired a car. 4. The concert was marvellous. 5. They appointed her First Secretary. 6. I saw her in the street. 7. I have sent them an invitation. Phrases & clause elements A B Identify the clause elements in the sentences below. (V, S, sC, dO, oC, iO, A, Premod, Postmod, Det) What phrase types are the primary clause elements? (NP, VP, AdjP, AdvP, PP) 8. The teacher became very angry. 9. I will do it tomorrow. 10. She made him furious. 11. I’ll get you some coffee. 12. The bells rang. 13. Read the book! 14. My brother has become a ski instructor. 1 The old man was sitting on the bench. Our parents wished us a safe journey. 3 The weather was incredibly cold. 4 We considered the problem too difficult. 5 Do you know the girl with red hair? 6 Peter’s new car is a Jaguar. 7 She sings very beautifully. 8 The two birds were flying high in the sky. 9 His vivid description of the event was quite impressive. 10 After her father’s death Mary became a very rich woman. 11 The following day the money had disappeared. 11 Concord (Comp. p. 8) Explain the concord illustrated in the following sentences. 1 2 3 4 5 This information is valuable. 6 The committee have decided to…
These scissors are blunt. 7 People with different tastes shouldn’t go on They changed their minds. holiday together. Twenty people means a large party. 8 She gives me useful advice when I need it. The committee consists of 10 people. Questions on IEG (=An Introduction to English Grammar) References in brackets are to sections in IEG. 1 2 3 4 Why should we study grammar? (0. 8) What is meant by Standard English? (0. 5) What are descriptive and prescriptive rules? (0. 7) a) What are the four main types of sentences? (4. 4) b) Which of these types are illustrated by the following sentences?
Punctuation marks have been omitted. 1. Can you help me 2. What a beautiful morning it is 3. I don’t like this 4. Go away 5. Who wrote The Canterbury Tales 6. We took a train to Manchester 7. How kind of you to help 8. Don’t do that 5 In IEG 1. 6, six rules referring to the Subject are mentioned. Which of these rules apply to the following sentences? 1. She defended herself. 2. Do you love me? 3. She loves me and I love her. 6 What is the meaning (agentive, affected, etc) of the Subjects and Direct Objects in the following sentences? (1. 14) 1. I have drawn a map of the island. 2.
This page has been moved. 3. She hurt my feelings. 4. He kissed me. 5. You are my best friend. 12 KEY to exercises Phrases 1 NP 2 PP 3 Adj P 4 AdvP 5 VP 6 AdjP 7 AdvP 8 PP 9 VP 10 NP Clause elements II S V dO A I | met | her | the other day. S V iO dO She | sent | me | a postcard. S V iO dO Grandma | told | me | a scary story. S V dO A I | saw | him | in the street. S V dO oC I | consider | the answer | wrong. S V sC She | was | sad. S V dO Jack | built | a house. S V A They | were sitting | in the garden. S V sC Mr Grant | is | our teacher. S V A They | drove | home. S V A She | drove | quickly.
S V dO I | was reading | the paper. S V A Jackie | is | at home. S V sC The tiger | is | a dangerous animal. S V sC She | was appointed | chairperson. S V iO dO We | offered | them | money. A S V A The next morning | we | arrived | in Brighton. S V A The parcel | will be delivered | by Monday. S V dO oC Our teacher | made | us | nervous. S V dO oC They | appointed | her | chairperson. S V sC He | seemed | very reliable. S V dO oC They | named | the girl | Susan. A S V dO Yesterday | I | saw | a movie. S V dO I | have | a new car. S V iO dO He | had written | me | a letter.
S V sC This | appears | wrong. Clause elements I 1 S 2 A 3 dO 4 sC 5 A 6 oC 7 iO 8 A 9 V 10 oC 13 Clause elements III S V dO A She | hid | the letter | hastily. V S V dO Did | you | hear | anything? S V dO Tom | hired | a car. S V sC The concert | was | marvellous. S V dO oC They | appointed | her | First Secretary. S V dO A I | saw | her | in the street. S V iO dO I | have sent | them | an invitation. S V sC The teacher | became | very angry. S V dO A I | will do | it | tomorrow. S V dO oC She | made | him | furious. S V iO dO I|’ll get | you | some coffee. S V The bells | rang. V dO Read | the book!
S V sC My brother | has become | a ski instructor. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Phrases & clause elements S Det Premod HEAD V A 1 [NP The old man] S Det HEAD [VP was sitting] [PP on the bench]. V iO dO Det Premod HEAD 2 [NP Our parents] [VP wished] [NP us] [NP a safe S Det HEAD journey]. V sC Premod HEAD 3 [NP The weather] [VP was] [AdjP incredibly cold]. S V Det dO HEAD oC Premod HEAD 4 [NP We] [VP considered] [NP the problem] [AdjP too difficult]. V S V Det HEAD dO Postmod 5 [VP Do] [NP you] [VP know] [NP the girl with red hair]? 14 S Det Premod HEAD V sC Det HEAD [NP Peter’s new car] [VP is] [NP a Jaguar]. S V A Premod HEAD 7 [NP She] [VP sings] [AdvP very beautifully]. S Det Det HEAD V A A 8 [NP The two birds] [VP were flying] [AdvP high] [PP in the sky]. S Det Premod HEAD Postmod V sC Premod HEAD 9 [NP His vivid description of the event] [VP was] [AdjP quite impressive]. A S V Det sC Premod HEAD 10 [PP After her father’s death] [NP Mary] [VP became] [NP a very rich woman]. A Det Premod HEAD S Det HEAD V 11 [NP The following day] [NP the money] [VP had disappeared]. 15 UNIT 2 – NOUNS AND NOUN PHRASES ? ? ? Read Unit 2 in this compendium. Sections in IEG: Chapter 3: 3. -3. 10; Chapter 2: 2. 1-2. 8, 2. 34-2. 38; Chapter 5: 5. 5, 5. 8; Chapter 6: 6. 9; Chapter 8: 8. 13; Chapter 9 (Spelling): 9. 1-9. 2, 9. 4 Exercises in Unit 2 in this compendium. When we look at the way nouns behave, we find that the following factors are involved: Syntactic structure: a noun is the chief item (or ‘head’) of a noun phrase, as in the new telephones. It is often preceded by one of a small class of determiners, such as the or some. ? Syntactic function: a noun functions as the subject, object, or complement of a clause, as in Apples are popular, I like apples, Those objects are apples. Grammatical morphology: a noun can change its form to express a contrast in singular/plural number or to mark the genitive case, as in cat/cats/cat’s/cats’. ? Lexical morphology: a noun can be formed by adding one of a small list of suffixes to a verb, an adjective, or another noun, e. g. -al (refusal), -ness (kindness), -hood (boyhood). ? In describing nouns, traditional grammar insisted on noting gender (Sw. genus) as well as number (Sw. numerus) and case (Sw. kasus). Modern grammars disregard this criterion, recognizing that gender has no grammatical role in English.
They do however find good grammatical reasons for respecting the importance of several other traditional contrasts, especially proper vs common, and abstract vs concrete, and have developed the contrast between mass and countable nouns into a major dimension of subclassification. The main subclasses The first division of nouns is that into proper and common nouns. Common nouns can then be divided into countable and uncountable nouns. And both of these can be further divided into concrete and abstract types. Nouns Proper Countable Concrete Common Uncountable Abstract Concrete Abstract Countable and uncountable nouns
Common nouns can be divided into two types. Countable nouns refer to individual, countable entities, such as books, eggs, and ideas. Uncountable nouns refer to an undifferentiated mass 16 or notion, such as butter, music, and advice. Uncountable nouns are also known as mass nouns. There are clear grammatical differences between them. Countable nouns cannot stand alone in the singular (*Book is red); uncountable nouns can (Chess is fun). ? Countable nouns allow a plural (books, eggs); uncountable nouns do not (*musics). ? Countable nouns occur in the singular with a (a book); uncountable nouns with some (some music).
Both types can occur with the (the book / the music). ? Some nouns can be either countable or uncountable, depending on their meaning. Cake, for example, is a countable noun in this sentence: Would you like a cake? but an uncountable noun in this one: Do you like cake? There are many such pairs: The lights were amazing. Light travels very fast. I’ve bought some bricks. It’s built of brick. I’ve had some odd experiences. I’ve not had much experience. Abstract and concrete nouns Both countable and uncountable nouns can be further divided into abstract and concrete types.
Concrete nouns refer to entities which can be observed and measured, such as book, car, elephant, and butter. Abstract nouns refer to physically unobservable notions, such as difficulty, idea, certainty, and remark. The distinction seems straightforward, but in fact it can be quite difficult deciding whether a word is being used in a purely abstract or concrete way. Nouns such as structure, version, and music permit both abstract and concrete interpretations. Proper and common nouns Proper nouns are names of specific people, places, times, occasions, events, publications, and so on.
They differ from common nouns in three main ways. Proper nouns can stand alone as a clause element, as in I like London, Fred is here, Today is Tuesday, whereas only certain common nouns can (Chess is fun, but *Egg is bad, *Book is red, *I see cat, etc. ). ? Proper nouns do not usually allow a plural (*Londons, *Freds, *Everests), whereas most common nouns do (books, eggs, pens, but *musics). ? Proper nouns are not usually used with determiners (*a London, *the Fred, *some France), whereas common nouns are (a book, the music, some bread). In some circumstances, proper ouns can behave like common nouns: Look at all those Smiths. I used to know a Mary Jones. I hate Mondays. ? 17 Proper nouns are written with an initial capital letter. But not all words with initial capitals are proper nouns – as in the ironic That’s a Big Deal! Also, there is sometimes uncertainty as to whether a word should be considered proper or common: is it the moon or the Moon? This issue has important consequences when it comes to deciding the size of the lexicon. From Crystal D. (1995). The Cambridge Encyclopedia of the English Language, pp. 208-209
The most important categories of common nouns A. Uncountables (non-counts), e. g. evidence, information, money, news, progress, sugar. Always singular (i. e. no plural is possible). B. Countables (counts), the most important categories: 1. Nouns with regular or irregular plural forms, e. g. table, man, sheep. The plural of nouns such as sheep and series is identical to the singular form. Such a plural is called zero plural. 3. Always plural, plural form (plural -s is used), e. g. shorts, pyjamas, glasses, scissors; odds, premises, remains. Where are the scissors? I can’t find them. . Nouns in –ics: can be treated both as singular and plural, different meanings, e. g. acoustics, economics, mathematics, statistics. Statistics (=the subject) is a branch of mathematics. Statistics (= a group of numbers) show an increase in violence. 2. Always plural but no plural 4. Singular and plural form, ending (no plural -s), e. g. different meanings, e. g. cattle, people, police. content/s/, damage/s/, look/s/, moral/s/, sale/s/. The police are searching for the missing girl. She had to pay damages for the damage. 6. Collective nouns, singular and plural form, e. g. udience, government, jury, majority. In BrE the singular form can take a plural verb: The Government have decided… s-genitive and of-construction The s-genitive is chiefly used of people, countries or animals. It also occurs in time expressions: my sister’s daughter, Sweden’s economy, my cat’s paws, ten minutes’ break Note the position of the apostrophe: 1) Nouns with a regular plural (-s plural): the girl’s toys (genitive singular) the girls’ toys (genitive plural) 2) Nouns with an irregular plural: the woman’s hat (genitive singular) the women’s hats (genitive plural)
Meanings of the genitive: 1) possessive: the girl’s toys (= the girl owns the toys) 2) subjective: the President’s speech (= the President (=Subject) gave a speech) 3) objective: the prisoner’s release (= somebody released the prisoner (=Object)) 4) classifying (descriptive): a boys’ school (= a school for boys) 5) time: two weeks’ holiday (vacation) The of-construction (of + noun) is used for possession with most inanimate ‘possessors’: the walls of the town, the wheels of the car 18 Generic and specific reference
When we make a generic statement about things, we refer to them as representatives of their whole class (reference to a class or a kind). A Noun Phrase with generic reference can be constructed with the indefinite article (a, an), the definite article (the) or no article at all (zero): (a) a(n) + singular countable noun: (b) the + singular countable noun: (c) zero + plural countable noun: (d) zero + uncountable noun: They say an elephant never forgets. They say the elephant never forgets. They say elephants never forget. They say charity begins at home.
The meaning of the NP’s in these sentences is ‘any elephant’ and ‘any kind of charity’ respectively. If the Noun Phrase has specific reference, the meaning is ‘someone or something in particular’: (e) A man (=A particular man) was here to see you just now. (f) Can you see the elephant over there? (g) I can’t find the coffee. Where is it? From these examples we can see that both the indefinite and definite article can be used to refer to something generically and specifically. Pay special attention to the use of the definite article with countable and uncountable nouns.
Note that countable nouns in the singular can take the definite article also when it has generic reference (cf. example (b) above). To sum up: Specific Countables in the singular Countables in the plural Uncountables the the the Generic the – The indefinite article – some important uses • • Generic reference: A whale can be dangerous to small boats. Specific reference: The boat collided with a whale. 19 • Used with a Complement to show that someone is a member of a group or profession: Peter is an American. Mary is a professional actor.
Note that when the Complement names a unique role or task, there is no indefinite article: Winston Churchill was Prime Minister during World War II. The definite article – some important uses The definite article is used: • With countable and uncountable nouns, specific reference (see p. 19). • • With countable nouns in the singular, generic reference (see p. 19). With such nouns as climate, weather, economy and environment: changes in the climate (the weather), The economy is the main problem for many countries, We want to protect the environment from air pollution Before a postmodifying of-phrase: He was the son of a miner.
With many grammatical terms: a noun in the singular, a verb in the past tense, a pronoun in the genitive With some categories of proper nouns, for example: 1) Proper nouns in the plural: the Netherlands, the Smiths 2) Names of rivers: the Thames, the Nile 3) Names of seas/oceans: the Atlantic, the Pacific 4) Names of museums, libraries, concert halls: the National Gallery, the Bodleian Library, the Albert Hall 5) Theatres, cinemas, restaurants, hotels, etc: the Met[ropolitan], the Odeon, the Hilton 6) Newspapers: the New York Times, the Guardian No definite article, however, is used with proper nouns the first element of which is itself a proper noun, and the second element of which is a countable noun in the singular: Downing Street, Buckingham Palace, Kennedy Airport. Nor is the definite article used with proper nouns (there are exceptions! that are modified by an adjective (unless the noun takes the definite article for another reason): modern Canada, French-speaking Switzerland. (This is a Swedish-English contrastive problem and not an irregularity in English grammar. ) • • • 20 Exercises Categories of nouns I (see Comp. (=this compendium) p. 18) Which categories do the nouns below belong to? There are three or four nouns per category. aircraft, audience, cattle, committee, evidence, horsepower, jury, money, news, pants, people, police, progress, pyjamas, scissors, species, Swiss, tongs 1 Zero plural …………………………………………………………………………………………………………………………… 2 Uncountables ………………………………………………………………………………………………………………………….. 3 Always plural form of the noun, plural verb (two-part nouns) …………………………………………………………………………………………………………………………… 4 Collective nouns, the singular form of the noun may take a plural verb in BrE …………………………………………………………………………………………………………………………… 5 Always plural but no plural ending …………………………………………………………………………………………………………………………… Categories of nouns II (see Comp. p. 8) Which categories do the nouns below belong to? (uncountable; countable: always plural but no plural ending; countable: collective noun, etc) 1 2 3 4 5 6 7 8 9 This is useful information. New statistics show an increase in violence. Where are the scissors? The entire contents of the house were put up for auction. There were many people at the party. The money has been stolen. The committee have decided to adopt the plan. There are two new comedy series on TV now. These are the remains of a medieval castle. 21 Generic or specific reference? (Comp. p. 19) 1. A lion was sleeping in the cage. 2. Lions are dangerous animals. 3. The lions were sleeping in a cage. 4. The milk has turned sour. 5.
A lion can be dangerous. 6. Can you see the lion? 7. Milk is good for you. 8. The lion is a dangerous animal. The use of the indefinite article (Comp. pp. 19-20) A 1 2 3 4 5 B Explain why the indefinite article is used in the examples below. There’s a man here to see you. A teacher needs to have a lot of patience. She’s a teacher. A cheetah can run faster than a lion. She wants to be a doctor when she grows up. Why cannot the indefinite article be used with the noun in bold here? She was captain of the hockey team at school. The use of the definite article (Comp. p. 20) Explain why the definite article is used or not used in the examples below.
Take the following into account in your answers where relevant: countable/ uncountable noun, generic/specific reference, proper noun (and type of proper noun). 1 2 3 4 5 6 7 8 9 10 The summer of 1995 was very warm. The course is on 18th-century French literature. Beavers build dams. This noun is in the singular. In the Second Punic War Hannibal crossed the Alps. The Smithsonian is the world’s largest museum complex. The US Congress is situated on Capitol Hill. The climate is getting worse. Coffee has become more expensive. This is a book on medieval Sweden. 22 Meanings of the genitive (Comp. p. 18) Put the following phrases with the genitive in the correct categories below, four phrases in each category. a) he council’s refusal b) Eve’s husband c) a summer’s day d) the hostage’s release m) the boy’s face n) a minute’s hesitation o) Mary’s proposal Questions on IEG 1 Give a few examples of possible structures of noun phrases. (3. 2) 2 What are the three classes of determiners? Give examples from each category. (3. 3, 2. 34-2. 38) 3 In what important respect do modifiers differ from determiners? (3. 2) 4 Explain what is meant by a discontinuous modifier. (3. 4) 5 What is the (syntactic) function of the underlined noun phrases in the following sentences? (3. 10) 1. She became a famous author. 2. I showed Peter my new car. 3.
They called the match the event of the year. 4. I get up early every day. 5. You must tell me all your secrets. 6. I apologize for my late arrival. 7. Boys will be boys. 8. She suffered head injuries in the accident. 6 What is apposition? (3. 7) 7 Nouns are either common or proper. How do they differ? (2. 4) 8 Explain what is meant by concrete and abstract nouns. Give a few examples. (2. 4) 9 What is number? (2. 5) 10 a) What is case? (2. 7) b) What are the two cases of (many) English nouns? (2. 7) 11 What are collective nouns? Give examples. (5. 5) 12 a) Use the following forms to state the general rules for forming the genitive 1. teacher 2. arents 3. children (8. 13) b) How is the genitive of such names as Jesus and Socrates written? (8. 13) KEY to exercises Categories of nouns I 1 2 3 4 5 aircraft, horsepower, species, Swiss evidence, money, news, progress pants, pyjamas, scissors, tongs audience, committee, jury cattle, people, police Categories of nouns II 1 2 3 4 5 6 7 8 9 Uncountable. Noun in –ics: both singular and plural, but different meanings. Always plural, plural form. Noun with both a singular and plural form, different meanings. Always plural but no plural ending. Uncountable. Collective noun, in BrE the singular form of the noun can take a plural verb. Zero plural.
Always plural, plural form. 24 Generic or specific reference? 1. Specific 2. Generic 3. Specific 4. Specific 5. Generic 6. Specific 7. Generic 8. Specific/Generic The use of the indefinite article A 1 2 3 4 5 Specific reference. Generic reference. A Complement (Sw. predikatsfyllnad) used to show that someone is a member of a group or profession. Generic reference. See 3 above. B The Complement names a unique role or task. The use of the definite article 1 2 3 4 5 6 7 8 9 10 Specific reference because of of-phrase. Uncountable, generic reference. Countable, plural, generic reference. Grammatical term. Proper noun in the plural. Proper noun: name of museum.
Proper noun consisting of a proper noun and a countable noun in the singular. Exception from the rule that an uncountable noun with generic reference does not take the definite article. Uncountable, generic reference. A proper noun that does not take the definite article (cf. Swedish, where a proper noun preceded by an adjective takes the definite article, e. g. det medeltida Sverige). Meanings of the genitive 1 b, h, k, m 2 a, j, o, r 3 d, e, p, t 4 c, f, i, q 5 g, l, n, s 25 UNIT 3 – VERBS AND VERB PHRASES (I) ? ? ? Read Unit 3 in this compendium. Sections in IEG: Chapter 1: 1. 3-1. 14; Chapter 3: 3. 11-3. 13, 3. 17-3. 20; Chapter 2: 2. 9-2. 18; Chapter 5: 5. 20-5. 21, 5. 23-5. 24; Chapter 9 (Spelling): 9. 3-9. : Exercises in Unit 3 in this compendium. A sentence may contain a single verb, or it may use a cluster of verbs which work together as a verb phrase: I saw an elephant, You didn’t see one, They couldn’t have seen one. The last two examples show a main verb (a form of see in each case) accompanied by one or more auxiliary verbs. There can be up to four auxiliaries, all going in front of the main verb, though constructions using all four are unusual: They must have been being advised by the government. Three classes of verb can occur within the verb phrase: Lexical verbs (also called full verbs) are those with a meaning that can be clearly and independently identified (e. g. n a dictionary), such as run, jump, walk, want, cogitate. They act as main verbs. ? Modal verbs convey a range of judgments about the likelihood of events; they function only as auxiliary verbs, expressing meanings which are much less definable, focused, and independent than those of lexical verbs. There are nine verbs in this subclass: can, could, may, might, will, would, shall, should, and must, with dare, need, ought to, and used to having a very similar function. ? Primary verbs can function either as main verbs or as auxiliary verbs. There are just three of them: be, have, and do. Main verb use: They are happy. She has a dog. They do sums. Auxiliary verb use: They are going.
She has seen it. Do they go? ? Finite and nonfinite The forms of the verb, and the phrases they are part of, are usually classified into two broad types, based on the kind of contrast in meaning they express. The notion of finiteness is the traditional way of classifying the differences. This term suggests that verbs can be ‘limited’ in some way, and this is in fact what happens when different kinds of endings are used. The finite forms are those which limit the verb to a particular number, tense, person, or mood. For example, when the -s form is used, the verb is limited to the third person singular of the present tense, as in goes and runs.
If there is a series of verbs in the verb phrase, the finite verb is always the first, as in I was being asked. ? The nonfinite forms do not limit the verb in this way. For example, when the -ing form is used, the verb can be referring to any number, tense, person, or mood: ? I’m leaving (first person, singular, present) They’re leaving (third person, plural, present) He was leaving (third person, singular, past) We might be leaving tomorrow (first person, plural, future, tentative) As these examples show, a nonfinite form of the verb stays the same in a clause, regardless of the grammatical variation taking place alongside it. 26 Auxiliary verbs is been been been
Main verb advise advising advising advising advised must (rare) must has have have being Finite contrasts The finite forms of the verb are the -s form, the past form, and some uses of the base form. The nonfinite forms show no variation. Finite forms The finite forms of the verb are the present and past tense and the imperative: I am happy, I was happy, Be happy! The finite forms: ? show a contrast in tense: She works in London vs She worked in London. ? show a contrast in number and person: he works vs they work; I am vs you are. ? allow the expression of facts, possibilities, wishes, and other contrasts of mood: They suggested that the papers be delivered by hand. They were.
Nonfinite forms There are three nonfinite forms of the verb: ? The -ing participle (or present participle): I’m leaving. ? The -ed participle (or past participle): I’ve asked. They were asked. ? The base form used as an infinitive: They might see, He wants to see. Verb + nonfinite form See further a dictionary for more examples. 1) Verb + to-infinitive. Ex: attempt, hope, manage, mean She attempted to repair the bike herself. 2) Verb + -ing form. Ex: avoid, consider, deny, dislike, enjoy, finish, keep, quit, risk She must avoid offending the voters. 3) Verb with to-infinitive or -ing form. Ex: begin, start, continue, cease, forget, remember, regret He began to wave / waving his arms. ) Verb + bare infinitive (i. e. infinitive without to). Ex: modal auxiliaries (can, could, etc), help (also with to-infinitive) You should leave now, She helped [to] organize the party. Auxiliary verbs Auxiliary (or ‘helping’) verbs assist the main verb in a clause to express several basic grammatical meanings or functions, such as aspect and modality. They do not follow the same grammatical rules as main verbs, which is why they must be considered as a separate class. 27 Auxiliaries can be used before the word not; main verbs (in modern English) cannot. We can change I might go into I might not go, but we cannot change I saw it into *I saw not it. ?
The contracted form n’t can be attached to almost all auxiliaries; this is not possible with main verbs (apart from be and have). We can say can’t and won’t, but not *walkn’t or *jumpn’t. ? The first auxiliary in a verb phrase has a distinctive role, as it can be used before the subject in order to ask a question; this is not possible with main verbs. We can say Have they gone home? , but not *Saw they a car? ? The auxiliary class can itself be divided into two subclasses: The primary verbs have -s forms; the modals do not. We find is, has, and does, but not *mays, *wills, or *musts. ? The primary verbs have nonfinite forms; the modals do not.
We find to have, having, and had, but not *to may, *maying, or *mayed. ? Transitivity The choice of the verb actually determines, to a large extent, what other elements can be used in the clause. Once we have ‘picked’ our verb, certain other things are likely to happen. If we pick leave, we can stop the clause there, without fear of being ungrammatical: The train’s leaving. Verbs of this type, which can be used without an object, have long been called intransitive verbs. ? If we pick enjoy, another element has to follow. We cannot say *The cat’s enjoying. It has to be The cat’s enjoying something, with the object present. Verbs which require an object are traditionally known as transitive verbs. ?
Some common transitives bring, carry, desire, find, get, keep, like, make, need, use Some common intransitives appear, die, digress, fall, go, happen, lie, matter, rise, wait Some verbs need a Complement (Sw. predikatsfyllnad, predikativ). They are called copular verbs or linking verbs. To this category belong, for example, be, become, seem, appear: She is beautiful, He became a doctor, This seems wrong, They appeared quick (=They appeared to be quick). ? Multi-word verbs Some verbs consist of more than one word (and are thus better described as lexemes). The most common type consists of a verb followed by one or more particles: come in, sit down, drink up, put up with.
The particles are either spatial adverbs (e. g. aback, ahead, and away), 28 prepositions (e. g. at, for, from), or words which in other contexts can act either as adverbs or as prepositions (e. g. by, down, in). Verbs which use adverb particles are often called phrasal verbs, with those taking prepositional particles being distinguished as prepositional verbs. In some grammars, however, the term phrasal verbs is used for both. Whatever the terminology, one fact is clear: the number of multi-word verbs in the language has grown remarkably, especially in the present century and last, and they constitute one of the most distinctive features of English syntax. From Crystal D. (1995).
The Cambridge Encyclopedia of the English Language, p. 212, with additions by A. Nordin Primary verbs (be, do, have) Primary verbs can be used as main verbs or as auxiliary verbs. When functioning as auxiliary verbs they help ‘create’ grammatical aspect (progressive or perfective) or voice (passive) or are simply used for support, emphasis or as a substitute. be Main verb 1) Copula (linking verb): She is happy. 2) = ‘exist’, ‘be at a certain place’: She is in London. Auxiliary verb 1) Progressive aspect (form) (be + -ing participle of main verb): I am sailing. 2) Passive voice (be + past participle): Peter was attacked by a madman. have Main verb = own, possess: I have a dream. o Main verb = perform an action, activity, or job What are you doing? I don’t know what to do. I’ve done some shopping. Auxiliary verb To form the present and past perfect (= tense + aspect): I have never been here before, I had never seen her before. Auxiliary verb 1) Do-construction (or do-periphrasis): a) in clauses negated with not (present & past tense, imperative): He doesn’t know. He didn’t know. Don’t move! b) interrogative clauses (present & past tense): Does he know? Did he know? 2) Emphatic: I do want to come. (=I really want to come. ) 3) Pro-form for other elements: Does she love me? Of course she does. 29 Modal auxiliaries: can, could, may, might, shall, must, have to can – could may – might 1
Ability: I cannot play the piano at all. She couldn’t find her keys. Possibility: The stadium can be emptied in five minutes. Permission: You can take the car, if you want. 1 2 Possibility: This may or may not be true. Permission: You may go when you like. The children asked if they might go to the Zoo. 2 3 shall Used in questions with 1st person singular and plural for making offers or suggestions or asking advice: What shall I wear to the party? What shall we do this weekend? must – have (got) to 1 must – have (got) to: Necessity and obligation: You must/have to be home by 11 o’clock. In BrE there is a difference between must and have (got) to.
Must is used to talk about what the speaker or listener wants (internal obligation), and have (got) to about rules, laws and other people’s wishes (external obligation). must not: Prohibition: You mustn’t say things like that. 2 30 Modal auxiliaries: should, will and would should will / would 1 Something recommended (obligation) You should go. A likely assumption (probability, certainty) It should be a good movie; the reviews are good. 1 Future time incl. future in the past; purpose I will do it tomorrow. I wondered what Bill would do next. Volition (willingness) (a) Questions Will you help me? (b) Negative statements I won’t go there. She said she wouldn’t go there. (c) Conditional subclauses It would be a great help if you would send us the photos. 2 2 3 Rhetorical questions How should I know?
In subclauses (a) Future in the past (1st person) She told them I should be back by 5pm. (b) that-clauses after subjective and/or emotional expressions It’s annoying that we should be late again. (c) that-clauses after expressions of volition The bank demands that the loan should be paid back at once. (d) Conditional subclauses (=‘by chance’) If you should see her tomorrow, please give me a ring. 4 3 Predicted likelihood (probability, certainty) Ask your sister. She will know. Predictable habit She will (Sw. brukar, kan) / would (Sw. brukade, kunde) sit knitting for hours. Conditional sequences (a) Open condition If you help me, I will help you. b) Hypothetical condition (Sw. konditionalis I) If you helped me, I would help you. (c) Rejected condition (Sw. konditionalis II) If you had helped me, I would have helped you. 4 5 From Hudson et al. (2001) Basic English Grammar, pp. 51-53 31 Exercises Main verbs and auxiliary verbs (Comp. pp. 26-27, 29) Which of the verb forms in the sentences below are main verbs and which are auxiliary verbs? What functions do the auxiliaries have? No modal auxiliaries have been included. All verbs are printed in bold. 1 2 3 4 5 6 Have you seen her before? I hadn’t eaten anything for three days I have a dream. What is she studying? She is in New York now. Do you know? 8 9 10 11 12 I do most of my shopping on Mondays. Do help yourself! Her husband was killed in the war. Did you do it yourself? I have had enough! The house was being pulled down. be and do (Comp. p. 29) Explain the uses of be and do in the following sentences. be a) main verb: linking verb, b) main verb: ‘exist’ c) auxiliary: progressive form, d) auxiliary: the passive 1 I’m dreaming of a white Christmas. 2 The idea was rejected by everyone. 3 She had been ill for two weeks. 4 Is there a pub here? 5 Today is Monday. 6 I shall be seeing him soon. 7 I don’t like being stared at. 8 Troublemakers are encouraged to leave. 9 Be quiet! 10 The food was already on the table. 1 I’ll be coming back on Tuesday. 12 We’ve never been here before. do a) main verb: ‘to perform an activity or job’, b) auxiliary: do-construction, c) auxiliary: substitute for main verb, d) auxiliary: emphatic 1 ‘Who said that? ’ ‘I did. ’ 2 We don’t want to leave. 3 I did lock the door. 4 I’ve done some shopping today. 5 Where do you work? 6 Don’t speak to me like that! 7 ‘I hate intense heat. ’ ‘So do I. ’ 8 What are you doing over the weekend? 9 Doesn’t Matthew look old these days? 10 She runs much faster than he does. 11 Do shut up! 12 What did you do? 13 I should do more exercise. 14 I didn’t say that. 32 Finite and nonfinite forms I (Comp. . 27) Which of the verb forms in the sentences below are finite and which are nonfinite? (Finite: the present and past tense forms. Nonfinite: the infinitive, the -ing participle (or the present participle), the -ed participle (or the past participle). 1 2 3 4 5 6 7 8 9 10 11 12 13 She calls him every day. She wants me to call. She called yesterday. She is calling him now. She had called me earlier. She’s called twice today. She may call tonight. She’d been trying to call me all day. She could’ve called me earlier! She’s planning to call today. She’d be happy, if you called her. She would’ve been happy, if you’d called her. She is called Mary. What construction is this? ) Finite and nonfinite forms II (Comp. p. 27) Identify the infinitives and past participles in the following sentences. Some of the sentences contain neither of these forms! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I didn’t know the answer. I know you’re right. Keep off the grass! You should keep your passport in a safe place. Cats always keep themselves clean. The money has been stolen. If I had had a car, I would have driven to work. They had bad luck. She has lost her wallet. Some families lost everything in the flood. Don’t lose your patience! What do you do for a living? The part of Elizabeth was played by Cate Blanchett.
Cate Blanchett played Elizabeth. Modal auxiliaries can, could, may, might, shall, must, have to (Comp. p. 30) Explain the meaning of can/could, may/might, shall, and must/have to in the sentences below. 1 2 3 4 Can you swim? No, I can’t. You can borrow my calculator if you want. We could still win – the game isn’t over yet. There may be an easier way of solving the problem. 33 5 6 7 8 9 I wonder if I might use your telephone. Shall we have some lunch? You mustn’t use the office phone for private calls. We must defend the freedom that our parents fought for. We have to pay our bills now. should (Comp. p. 31) What meanings of should are illustrated in the following sentences? 2 3 4 5 6 7 8 9 10 11 12 13 14 Why should he be so foolish? I explained that I should be too busy to see them the following day. You should eat more fruit. The committee demanded that the chief executive should be dismissed. The meeting should have finished by now (=it is likely it has ended). Should you need help, do not hesitate to call me. How sad that she should have no one to comfort her. We should leave a tip, shouldn’t we? There’ll be lots of games, so it should be fun. Our orders were that we should advance towards San Pedro. It’s odd you should mention Ben – I was just thinking about him. We promised we shouldn’t be late. ‘What’s happened to my money? ’ ‘How should I know? If anything should happen to me, please give this letter to my wife. will and would (Comp. p. 31) What meanings of will and would are illustrated in the following sentences? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 An Englishman will usually show you the way in the street. Inflation is rising and will continue to rise. Will you marry me? I wouldn’t do it if I were you. I won’t (=‘refuse to’) go there. There’s the doorbell. That’ll be Janet. If you would tell her, I’d be grateful. If you help me, I’ll help you. She would have bought the house if she had been able to afford it. Most analysts expected that there would be a change in policy.
I asked her to help me but she wouldn’t. If you would only listen, I could help you. If you put the baby down, she’ll scream. Most of you will know about the problems we’ve been having. There will be a short ceremony at the war memorial. If she changed her opinions, she’d be a more likeable person. Oil will float on water. If you had listened to me, you wouldn’t have made so many mistakes. On Sundays he would get up early and go fishing. Who’ll help me in the kitchen? He’ll talk for hours, if you let him. 34 22 23 24 I will never betray you. Would you help me to address these letters? As a child, she would often run away from home. Questions on IEG 2 3 4 5 6 7 What is the typical structure of verb phrases? (3. 11) What are the four forms of regular main verbs? (3. 12) How are finite and non-finite verb phrases defined? (3. 18) Modal auxiliaries express two main types of meaning. What are they? (2. 18) What is an intransitive verb? (1. 9) What is a transitive verb? (1. 7) In IEG 1. 7, four rules referring to the Direct Object are mentioned. Which of these rules apply to the following sentences? 1. I love him vs. He loves me. 2. We must defend ourselves. 3. Everybody likes Mary vs. Mary is liked by everybody. a) What is meant by linking verb? (1. 8) b) What is the most common linking verb? Give examples of other common linking verbs. (1. ) What are Adverbial Complements? (1. 10) What does an Indirect Object refer to? (1. 11) a) What are the seven basic sentence structures? (1. 13) b) Which of these sentence structures are illustrated by the following sentences? (1. 13) 1. I consider this wrong. 2. Jack has built a house. 3. We all live in a yellow submarine. 4. She gave me some advice. 5. The soup tastes good. a) What is meant by mood? (3. 19) b) What mood is the underlined verb form in the following examples? (3. 19) 1. Long live the Queen! 2. Get well soon! 3. Never say never! 4. What a beautiful day it is! 5. If I were you I wouldn’t do it. 6. Kilroy was here. 8 9 10 11 12 KEY to exercises
Main verbs and auxiliary verbs 1 2 3 4 5 6 7 8 9 10 11 12 have = auxiliary verb (used to form the present perfect); seen = main verb had = auxiliary verb (used to form the past perfect); eaten = main verb have = main verb is = auxiliary verb (used to form the progressive form); studying = main verb is = main verb do = auxiliary verb (the do-construction, Sw. do-omskrivning); know = main verb do = main verb do = auxiliary verb (emphatic); help = main verb was = auxiliary (used to form the passive voice); killed = main verb did = auxiliary verb (the do-construction); do = main verb have = auxiliary verb (used to form the present perfect); had = main verb was = auxiliary (used to form the progressive form); being = auxiliary verb (used to form the passive voice); pulled = main verb 35 be and do be 1 2 3 4 5 6 7 8 9 10 11 12 auxiliary: progressive form auxiliary: the passive main verb: linking verb main verb: ‘exist’ main verb: inking verb auxiliary: progressive form auxiliary: the passive auxiliary: the passive main verb: linking verb main verb: ‘exist’ auxiliary: progressive form main verb: ‘exist’ do 1 2 3 4 5 6 7 8 9 10 11 12 13 14 auxiliary: substitute for main verb auxiliary: the do-construction auxiliary: emphatic main verb: ‘to perform an activity or job’ auxiliary: the do-construction auxiliary: the do-construction auxiliary: substitute for main verb main verb: ‘to perform an activity or job’ auxiliary: the do-construction auxiliary: substitute for main verb auxiliary: emphatic auxiliary: the do-construction main verb: ‘to perform an activity or job’ auxiliary: the do-construction
Finite and nonfinite forms I 1 2 3 4 5 6 7 8 calls wants to call called is calling had called ’s (=has) called may call ’d (=had) been trying to call could ’ve (=have) called present tense: finite present tense: finite infinitive: nonfinite past tense: finite present tense: finite -ing participle: nonfinite past tense: finite -ed participle: nonfinite present tense: finite -ed participle: nonfinite present tense: finite infinitive: nonfinite past tense: finite -ed participle: nonfinite -ing participle: nonfinite infinitive: nonfinite past tense: finite infinitive: nonfinite -ed participle: nonfinite 9 36 10 ’s (=is) planning to call ’d (=would) be called would ’ve (=have) been ’d (=had) called resent tense: finite -ing participle: nonfinite infinitive: nonfinite past tense: finite infinitive: nonfinite past tense: finite past tense: finite infinitive: nonfinite -ed participle: nonfinite past tense: finite -ed participle: nonfinite present tense: finite -ed participle: nonfinite 11 12 13* is called *) A passive construction. Finite and nonfinite forms II Only infinitives and past participles are underlined in the following. inf = infinitive; pp = past participle (-ed participle) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I didn’t know (inf) the answer. I know you’re right. (present tense, finite form) Keep off the grass! (imperative, finite form) You should keep (inf) your passport in a safe place.
Cats always keep themselves clean. (present tense, finite form) The money has been (pp) stolen (pp). If I had had (pp) a car, I would have (inf) driven (pp) to work. They had bad luck. (past tense, finite form) She has lost (pp) her wallet. Some families lost everything in the flood. (past tense, finite form) Don’t lose (inf) your patience! What do you do (inf) for a living? The part of Elizabeth was played (pp) by Cate Blanchett. Cate Blanchett played Elizabeth. (past tense, finite form) Modal auxiliaries can, could, may, might, shall, must, have to 1 2 3 4 5 6 7 8 9 Ability. Permission. Possibility. Possibility. Permission. Suggestion, offer. Prohibition (negative).
Necessity (according to speaker, internal obligation). Necessity (according to other people, external obligation). 37 should Numbers under Meaning refer to the table in this compendium of meanings of should (p. 31). Sentence 1 2 3 4 5 6 7 Meaning 3 4a 1 4c 2 4d 4b Sentence 8 9 10 11 12 13 14 Meaning 1 2 4c 4b 4a 3 4d will and would Numbers under Meaning refer to the table in this compendium of meanings of will and would (p. 31). Sentence 1 2 3 4 5 6 7 8 Meaning 4 1 2a 5b 2b 3 2c 5a Sentence 9 10 11 12 13 14 15 16 Meaning 5c 1 2b 2c 5a 3 1 5b Sentence 17 18 19 20 21 22 23 24 Meaning 3 5c 4 2a 4 1 2a 4 38 UNIT 4 – VERBS AND VERB PHRASES (II) ? ? Read Unit 4 in this compendium. Sections in IEG: Chapter 4: 4. 10; Chapter 1: 1. 13-1. 14; Chapter 3: 3. 13-3. 17; Chapter 5: 5. 22; Chapter 6: 6. 15 Exercises in Unit 4 in this compendium. Tenses and other present, past and future forms English has two tenses: the present and the past tense. By combining the present and past tense of the verb have with the past participle of a main verb, the present perfect and past perfect are formed (have/has written, had written). Although they are not tenses, these forms are actually very often referred to as such in the literature. This is also true of future forms, for example will do, be going to do.
English has the following present, past and future forms: Present: she writes Past: she wrote Present perfect: she has written Past perfect: she had written Future: she will write (see further pp. 43-44 below) Future in the past: she would write Future perfect: she will have written The corresponding progressive forms are: Present progressive: she is writing Past progressive: she was writing Present perfect progressive: she has been writing Past perfect progressive: she had been writing Future progressive: she will be writing Future in the past progressive: she would be writing Future perfect progressive: she will have been writing Present, past, present perfect and past perfect – main uses SIMPLE PRESENT (The sun rises in the east. ) Meanings with reference to present time: ? State present
General timeless statements, ‘eternal truths’ Water consists of hydrogen and oxygen. Water boils at 100° C. Two and two make four. The earth moves round the sun. Everyone likes Mary. now ? 39 ? Habitual present Sequence of events repeated over a period. We go to Brussels every year. Bill drinks heavily. She makes her own dresses. now ? ? ? ? ? ? ? Instantaneous present Used when the verb refers to a single action begun and completed approximately at the moment of speech. Common in demonstrations and sports commentaries. I pick up the fruit with a skewer, dip it into the batter, and lower it into the hot fat. Smith passes to Brown. now ? ? Meanings with reference to other times: ? Referring to the past
Describes the past as if it were happening now: I couldn’t believe it! Just as we arrived, up comes Ben and slaps me on the back as if we’re life-long friends… I hear you’ve resigned. ? Referring to the future 1. In main clauses. The meaning is ‘according to plan, programme, timetable’, etc. The plane leaves for Ankara at eight o’clock tonight. 2. In conditional and temporal subclauses. He’ll do it if you pay him. I’ll let you know as soon as I hear from her. Unlike Swedish, English makes very limited use of the present tense with future reference. ? In imaginative writing Promotes dramatic immediacy. We look outside (dear reader) and we see an old man. 40 PAST (Freda started school last year. Most uses refer to an action or state which has taken place in the past, at a definite time, with a gap between its completion and the present moment. Meanings with reference to past time: ? Event past I arrived yesterday. The eruption of Vesuvius destroyed Pompeii. then ? ? now ? ? State past They were upset. Archery was a popular sport for the Victorians. then ? now ? ? Habitual past They went to work every day. In ancient times, the Olympic Games were held (every four years) at Olympia in Southern Greece. then ? ????? now ? Meanings with reference to present and future time: ? Attitudinal past Reflects a tentative state of mind, giving a more polite effect than would be obtained by using the present tense. Did you want to leave? (compare the more direct Do you want to leave? ) Hypothetical past Expresses what is contrary to the speaker’s beliefs. It is especially used in if-clauses. I wish I had a bike (i. e. I haven’t got one). ? In indirect speech A past tense used in the verb of ‘saying’ allows the verb in the reported clause to be past tense as well, even though it refers to present time. Did you say you had no money? (i. e. you haven’t any now). 41 PRESENT PERFECT (Elvis has left the building. ) Signifies past time with ‘current relevance’. There are three important meanings (cf. present and past tense): ? State leading up to the present. The house has been empty for years. Have you known my sister for long? now ? Event (indefinite event(s)) in a period leading up to the present. (Indefinite past; cf. past tense = definite past. ) He has bought a car. All our children have had measles. ? now ? ? Habit (i. e. recurrent event) in a period leading up to the present. He’s done it often. The province has suffered from disastrous floods throughout its history. now ? ?????? PAST PERFECT (They had met before. ) The past perfective usually has the meaning of ‘past-in-the-past’. The three meanings of ‘state’, ‘event’ and ‘habit’ can all occur. then ? now ? ? State The house had been empty for years. ? Event He had bought a car. ? Habit He’d done it often. From Quirk et al. 1985) A Comprehensive Grammar of the English Language, pp. 179-197 (ed. by A. Nordin) 42 FUTURE TIME Four common constructions signifying future time ? will (’ll) + infinitive (sometimes in 1st person shall) The most common way of expressing future time. 1. Neutral future: He will be here in half an hour. No doubt I shall see you next week. 2. In interrogative clauses: I don’t know if he will come. 3. Intention: How soon will you announce your decision? ? be going to + infinitive General meaning: FUTURE FULFILMENT OF THE PRESENT. 1. Immediate or near future, both personal and non-personal subjects: She’s going to have a baby. I’m going to tell you a story. It’s going to rain. 2.
Intention: We’re going to spend our holiday in Wales this year. When are you going to get married? In informal spoken English, going to often comes out as gonna. ? be + ing-form (the present progressive) Basic meaning: FUTURE ARISING FROM PRESENT ARRANGEMENT, PLAN, OR PROGRAMME. It usually expresses near future. Particularly common with verbs of movement from one place to another (e. g. arrive, come, go, land, leave, move, start, stop) and verbs indicating position (e. g. remain and stay): The match is starting at 2. 30 (tomorrow). When are you leaving? I’m staying at the Savoy. Also with other verbs: I’m taking the children to the zoo (on Saturday). 43 ? The simple present 1.
In conditional clauses: What will you say if I marry the boss? 2. In temporal clauses: At this rate, the guests will be drunk before they leave. 3. In main clauses. The meaning is ‘plan’, ‘programme’ or ‘according to the calendar’: The plane takes off at 20:30 tonight. Tomorrow is Thursday. _____________________________________________________________________ Simple form: main uses 1) Habits She always works hard. He plays tennis every Thursday. 2) States She has dark hair. This shirt costs $20. This drink contains no alcohol. They remained in Melbourne. Progressive form: main uses Normal use: Something in progress I’m working on it now. Special uses: 1) Speaker attitude (esp. rritation) She’s always losing her keys. 2) Politeness I was wondering if I could borrow your car. (cf. I wonder if… ) 3) Deduction You’ve been drinking again, haven’t you? 4) Temporary conscious behaviour You’re being nice today. 44 Exercises Present, past and future forms I (Comp. p. 39) What present, past and future verb forms are used in the sentences below? (Present, past, present perfect, past perfect, future, future in the past, future perfect. ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 It will probably rain tomorrow. The plane will have landed by then. The house had been empty for months. Do you like this? In three months’ time the plant will have taken root.
I didn’t hear you. Have you seen the film? (The underlined part in:) They told me that they probably wouldn’t come. She has never lied to me. (The underlined part in:) She said she would be here at seven o’clock. The letter will arrive tomorrow. Had you met her before? The boxes contain apples. Where were you last night? Present, past and future forms II (Comp. p. 39) Change the verb form in “He always chooses the right word” to the 1 2 3 4 past perfect past future present perfect Future forms (Comp. pp. 43-44) In the sentences below you will find examples of four common future forms. Identify them (the underlined parts) and say why they are used. 2 3 4 5 6 7 8 9 10 11 Are you going to eat all that? A: There’s somebody at the hall door. B: I’ll go and open it. I’ll talk to her when she comes back. We’re coming back on Tuesday. If I see him I will give him a lift. I will know the result in a week. We’re interviewing the candidates tomorrow. Listen to the wind. We’re going to have a rough crossing. She’ll feel better in a couple of days. I’m staying at home this weekend. If everything goes well, we’ll be in New York tomorrow. 45 12 13 14 15 16 17 18 19 20 That rider is going to fall off. The train from London arrives at 10. 40 a. m. We’ll stay here until he arrives. I will climb that mountain one day. How pale that girl is!
I am sure she is going to faint. He’s studying very hard; he is going to try for a scholarship. The volcano will probably erupt very soon. It’s going to rain any minute now. They’re leaving tomorrow. Progressive and simple form (Comp. p. 39) A) Use the progressive form in the following sentences. Keep the tenses. 1 2 3 4 5 He had painted the door. They always complain. It has snowed for a long time. She felt dizzy. Will you rehearse on Friday? B) Use the simple, i. e. non-progressive, form in the following sentences. Keep the tenses. 1 2 3 4 5 She was writing a novel last year. I’ll be seeing John tomorrow. How long had she been waiting? Where are you working?
How long have you been studying English? Progressive form or not? Which of the ing-forms in the sentences below are the progressive form? What is the ing-form in the other cases? (Prep. + ing-form, verb + ing-form, adjective) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I was reading a novel yesterday evening. Joan and Mary are playing tennis this morning. Sarah’s keen on dancing. They’ve been working for five hours now. You should avoid driving on slippery roads. We are looking forward to meeting you. He apologized for being late. We’ll be touring Scotland next month. The book is interesting. Flirting again, are you? That was a surprising comment. When is your wife coming back?
Have you quit smoking? I’m not used to getting up early. 46 Present, past and future + simple or progressive? What are the verb forms in bold in the sentences below called? (Simple present, present progressive, etc. ) 1 2 3 4 5 6 7 8 9 10 11 12 I sent the letter yesterday. They had been working for five hours. Elvis has left the building. I’m analysing the results now. Who do you think will win on Saturday? They said they would come on Friday. We’ve been rehearsing for a couple of days now. He told us he would be touring in Scotland this summer. I go for a walk every day. She was having a bath when the bomb exploded. I’ll be seeing a lot of you in the near future.
They had already left when we arrived. Questions on IEG 1 What is meant by tense? What are the two tense forms? (3. 13) 2 a) How is aspect defined? (3. 14) b) What aspects are there in English and how are they used? (3. 14) 3 a) Give (cf. 3. 14) 1. the simple present of lose 2. the simple past of pay 3. the simple present perfect of choose 4. the simple past perfect of lay b) Give (cf. 3. 14) 1. the present progressive of die 2. the past progressive of travel 3. the present perfect progressive of do 4. the past perfect progressive lie (=tell a lie) 4 a) How is the passive (voice) constructed? (4. 15) b) What is the most common reason for using the passive? (3. 5) c) In what type of writing is the passive particularly common? (4. 10) 5 How can it be shown that disappointed in They were disappointed at the result of the game is an adjective and not a (passive) past participle? (3. 15) 47 KEY to exercises Present, past and future forms I 1 2 3 4 5 6 7 future future perfect past perfect present future perfect past present perfect 8 9 10 11 12 13 14 future in the past present perfect future in the past future past perfect present past Present, past and future forms II 1 2 3 4 He had always chosen the right word. He always chose the right word. He will always choose the right word. He has always chosen the right word.
Future forms 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Construction be going to + infinitive will + infinitive simple present be + ing-form simple present will + infinitive be + ing-form be going to + infinitive will + infinitive be + ing-form simple present be going to + infinitive simple present simple present will + infinitive be going to + infinitive be going to + infinitive will + infinitive be going to + infinitive be + ing-form Function intention intention used in a temporal clause near future, used with verb of movement used in a conditional clause neutral future near future (cf. 4) immediate or near future neutral future used with verb indicating position used in a conditional clause immediate or near future
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This paper however lays emphasis on the implications of human trafficking on businesses, weaving into the argument the economic, e. g. loss of human capital/labour supply for businesses in the countries of origin, the socio-economic, e. g. violence when merged with drug trafficking, creating an unhealthy environment for business activities, the legal aspects. At the international level, trafficking in persons can lead to disruptions in diplomatic and economic relations between states, hampering the transfer of technology, sharing of best business practices, access to financial aid, among others.
International conventions/laws dealing with human trafficking such as the Palermo Protocols and their role/impact in the fight against human trafficking are also taken into account. By way of solution, some measures to eliminate or mitigate the effects of this canker are proposed within a multilateral framework involving states, civil society organisations, businesses, religious/faith communities, not forgetting individual efforts. These measures include awareness raising/information dissemination, empowerment of vulnerable groups, stronger international cooperation, corporate social responsibility, investigative journalism and national ntegration of international anti-human trafficking conventions into domestic legal systems, etc. Finally, in view of the step-up in the fight against human traffickers, taking into account government interventions and increased awareness, the paper strongly asserts that human trafficking can be surmounted. 3 Introduction The international community of civilized nations clearly demonstrated a collective stand for justice through the abolition of one grave manifestation of human injustice, the enslavement of human beings by their (own) kind.
In spite of this achievement and rather unfortunate, there is a form of slavery which is ongoing, proving elusive and resistant to attempts at eliminating it. This modern slavery goes by the name human trafficking, otherwise known as “trafficking in persons. ” Trafficking in persons is estimated by the Polaris Project to be the third most lucrative criminal activity after arms and drug dealing. 1 Trafficked persons are treated like ordinary commodities, are deprived of their human rights and dignity and subjected to all forms of inhuman treatment.
In short, they are slaves to their owners, employers or “buyers” and are threatened with death or violence to themselves and/or their families should they attempt to resist their oppressors or get help. Human trafficking destroys communities, tears families apart and destroys the present and potential gains of the victims as well as those of their beneficiaries. Adding to its complexity, it occurs both within and across borders and can be merged with drug trafficking and arms smuggling.
It is indeed a serious crime that is worth all the efforts being made to eliminate it and much more. This paper therefore discusses trafficking in persons by first defining what it is, proceeding to elucidate briefly how it impacts businesses beginning with the economic, then the legal and possibly the socio-economic implications. In the process, the main international conventions which address the phenomenon would also be examined looking at their implications for governments, traffickers and their victims.
In the next section, the paper offers some recommendations on how to minimize the effects of and eliminate human trafficking all of which are grounded in a multilateral framework involving all stakeholders, from politicians/decision-makers, to business leaders, students, the victims and to the ordinary man on the streets. The next section concludes by briefly summarizing the main points discussed. Defining Human Trafficking Human trafficking has several definitions two of which are presented here for the purposes of this paper.
Human Trafficking is, “The recruitment, harbouring, transporting, providing or obtaining, by any means, any person for labour or services involving forced labour, slavery or 1 UrbanMinistry. Org, Human Trafficking: Definition, Prevalence and Causes, accessed January 19, 2012 http://www. urbanministry. org/wiki/human-trafficking-definition-prevalence-and-causes 4 servitude in any industry, such as forced or coerced participation in agriculture, prostitution, manufacturing, or other industries or in domestic service or marriage. 2 The second and now standard definition taken from the (Palermo) Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, (Supplementing the United Nations Convention against Transnational Organized Crime) reads: “The recruitment, transportation, transfer, harboring or receipt of persons by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation. 3From these definitions, human trafficking broadly encompasses sexual slavery/forced prostitution, forced marriage, forced labour, and other forms of servitude. The paper now addresses the implications of human trafficking on businesses giving primary consideration to the economic aspect. Economic Implications To begin with, employing or using victims of trafficking in the course of production might compromise the quality of goods and services offered. Distressed, traumatized, fearful, physically and psychologically scarred-these are but some fitting descriptions of a trafficked person.
Such persons are unprepared and unskilled for the services they are forced to render. Consequently, victims of trafficking cannot add quality to the production process. Compromising quality along the supply chain can affect a business’ profits especially if it is known for quality but has suppliers and labour contractors who disregard labour standards along the production line. Low quality can be costly in these times of increased consumer awareness and availability of substitutes.
The affected company would most likely lose customers and make less profit. Secondly, human trafficking leads to stunted economic growth in the victims’ countries of origin. Whereas it provides cheap labor to businesses in receiving countries/countries of destination, it depletes the labor supply in the countries of origin. Young, energetic individuals, rendered vulnerable and gullible by unfavourable conditions like poverty or 2 International Human Rights Law Group, Initiative Against Trafficking in Persons, accessed June 23, 2012 http://www. rlawgroup. org/initiatives/trafficking_persons 3 United Nations Office on Drugs and Crime, United Nations Convention Against Transnational Organized Crime And The Protocols Thereto, New York, 2004, P. 42 accessed January 19, 2012 http://www. unodc. org/documents/treaties/UNTOC/Publications/TOC%20Convention/TOCebook-e. pdf 5 conflict situations in their countries, are lured under false pretexts, coerced and sometimes kidnapped out of their communities, thereby robbing those communities of the human capital for development.
This development hinders expansion of businesses operations as a result of inadequate labour supply. Both public and private sector jobs would be affected in such a scenario. A severely depleted labour force would lead to economic stagnation for any country. Human trafficking also undermines fair competition by enabling businesses which employ the victims the benefit of producing at lower costs bringing them unusually higher profits. This is might be evident in productions further down the supply chains in the textile industry. A 2005 International Labour Organization publication estimates profits made from forced labourers exploited by private enterprises or agents at US$44. 3 billion every year, of which US$31. 6 billion from trafficked victims. 5 The danger here is, those firms which adhere to (international) labour standards and good practices become losers to the non-adhering ones and may become tempted to do same, seeing that their compliance with good business/ labour standards has not prevented non-complying firms from free-riding. If this happens the antitrafficking fight becomes more difficult since there will be more “rogue” firms to deal with.
Businesses also face the risk of operating in high crime environments especially when human trafficking becomes merged with drug trafficking. The victims could become drug users, couriers and dealers in the process of trafficking or be forced into such activities in the countries of destination. Some statistics of drug related deaths provide ample proof of the menace of the drug trade. For example, The Guardian, a United Kingdom based newspaper, had an article captioned: “Mexico drug wars have killed 35000 people in four years. 6 The drug trade can turn once peaceful areas where business transactions thrived into drug-battle theaters. Business transactions cannot proceed smoothly in environments of crime and violence. Foreign investors and tourists would be scared off from investing in and visiting such areas. Hospitality/tourism sector businesses such as hotels, resorts, tourist attraction sites would be the most affected. 4 United Nations Office on Drugs and Crime and United Nations Global Initiative to Fight Human Trafficking (UN.
GIFT), An Introduction to Human Trafficking: Vulnerability, Impact and Action, Background Paper, New York 2008, p. 97 http://www. unodc. org/documents/humantrafficking/An_Introduction_to_Human_Trafficking_-_Background_Paper. pdf , accessed January 19, 2012. 5 Patrick Belser, Forced Labour and Human Trafficking: Estimating the Profits, Working Paper, International Labour Office, Geneva, March 2005, accessed June 27,2012, http://www. ilo. org/wcmsp5/groups/public/–ed_norm/—declaration/documents/publication/wcms_081971. pdf 6 The Guardian, Thursday 13 January 2011, accessed January 21 2012 http://www. uardian. co. uk/world/2011/jan/13/mexico-drug-deaths-figures-calderon 6 Following from the above is the fact that victims of trafficking and their captors do not pay taxes into government coffers. Governments therefore lose that fraction of funds they could have used to finance public projects like better healthcare and education systems, maintaining law and order, etc. With regard to businesses, reduced government earnings could translate into cuts or complete removal of subsidies for production, with fledgling businesses/ infant industries likely to be the hardest hit.
In developing countries, governments usually subsidize the cost of energy supply which is very necessary for smooth industrial production. Removal of energy sector subsidies could throw business operations out of gear. On the other hand, faced with tighter economic constraints and insufficient funds, governments may impose higher taxes on corporate bodies, which would lead to higher production costs and higher prices which diminish consumer demand and thus profits. Additionally, human trafficking can lead to loss of human capital for businesses through the spread of sexually transmitted diseases like HIV/AIDS.
Most women and young girls who are trafficked end up becoming commercial sex workers who are simply money making tools in the hands of their captors without right or access to safe sex methods. Sexually active members of the workforce, irrespective of position, might go in for some of these women and end up contracting HIV. Treating and living with the disease becomes an almost impossible task, especially in countries where access to good medical care is inadequate and/or very expensive coupled with social stigmatization.
Thus the productivity level of the labour force is diminished. Medical costs may also be borne by the business which drains its coffers of hard earned money. That aside, the loss of labour as a result of HIV/AIDS is a blow to any country’s economy as experience and skills are lost altogether. This loss cannot be easily quantified and might not be replaced fast enough. There could be a decline in multinational activity when a state is branded as corrupt and where human trafficking is unchecked or inadequately dealt with.
This bad international reputation has the potential to discourage foreign companies from moving their operations into that state, either to save their corporate image or avoid becoming embroiled in (potential) accusations of having being involved with human traffickers. Firms/companies within an accused state would not benefit from the technology transfer or the sharing of best practices had such foreign companies come in. Consumers would be deprived of the wider range of goods and services they would have enjoyed.
Multinational corporations employ locals thereby reducing the unemployment rate in the host country. Though this role is sometimes marginal, it is still significant. Less multinational activity may increase the employment burden for the host state. 7 Last but not least, human trafficking has the potential of pitting workers against their employers in their quest to consolidate their position at the workplace. Faced with an availability of cheap labor, workers may resort to forming stronger unions, becoming inflexible in their demands for better conditions of service from their employers.
For example, they may demand more binding contracts and higher end-of service benefits. This trend may be more common in the countries of transit and destination where some victims become integrated into the work force. The converse effect is that, workers become weakened because there is access to cheap labor. Employers can afford to pay lower wages/salaries. Dissenting voices could be hushed through crafty schemes and summary dismissals. Since people, and workers for that matter, respond to incentives,7 low remuneration in an atmosphere of nforced silence and summary dismissals would decrease morale at work, resulting in low productivity. Trafficking in persons could as well trigger and sustain xenophobia. Since human traffickers are difficult to identify, it may be easier to blame the practice on foreigners. Natives may end up targeting innocent foreigners who had moved into their neighborhoods to transact genuine business. Foreign investors sometimes recruit residents and in the unlikely but possible event may become victims of xenophobia-driven attacks.
Loss of lives and property are the usual outcome. This situation may prove unfavorable for businesses in both states of which the attackers and victims are nationals. There could be retorsions involving strains in diplomatic and economic relations between states. Retaliatory attacks by aggrieved individuals in the victims’ countries could further complicate the situation. Doubtless, business transactions would be stymied in a climate of fear and violence made worse by diplomatic and economic wrangling.
Another dimension to this is that citizens in destination countries might become alarmed at the increasing number of foreigners within their territory and resort to violence to scare them away. Foreign workers may be caught in the melee and have to be either transferred, provided with extra security or give up their posts altogether, at the expense of their employers. This would not be in the best interest of their employers especially if they cannot be easily replaced because of the role they play or positions they occupy. N. Gregory Mankiw and Mark P. Taylor, Economics, Special Edition, South-Western, CENGAGE Learning, 2010 p. 7 8 These are but a few economic implications of human trafficking on businesses. The distinction between the economic and legal areas of impact is not so clear-cut since these are more or less inter-connected. The next section presents some legal implications. Legal Implications In the first place, human trafficking is an international crime which falls within the jurisdiction of the International Criminal Court.
Part 2 of the Rome Statute of the International Criminal Court captioned Jurisdiction, Admissibility and Applicability lists the four crimes over which the ICC has jurisdiction of which the second is “Crimes against Humanity. ” Article 7 then enumerates the crimes against humanity which include Enslavement, and Rape, sexual slavery, enforced prostitution, etc. Enslavement is explained further as the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children. Obviously, victims of trafficking are held against their will (enslaved), female victims usually suffer rape and end up as sex slaves or are forced into prostitution. Thus, employees, labour contractors, suppliers, etc. who employ victims are liable of committing a crime against humanity and could find themselves before the International Criminal Court. Criminal proceedings can be initiated by national referral, Security Council referral to the Prosecutor, as well as the Prosecutor initiating an investigation based on knowledge that such crimes have been or are being committed.
Secondly, companies and their partners engaged in human trafficking or employing victims are in violation of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, and can be duly prosecuted by a national court. The Protocol empowers as well as encourages governments to recognize human trafficking as a crime and punish perpetrators accordingly. Human trafficking as defined by the Protocol above covers situations involving, the recruitment, and receipt of persons, as well as the giving or receiving of payments or enefits to achieve the consent of a person having control over another person for the purpose of exploitation. These conditions broaden the scope of the law and would make it difficult for guilty firms to escape punishment. Businesses could be heavily fined and have their assets confiscated as mandated by the courts. Moreover, governments might enact tighter immigration laws which can make it difficult for expatriate workers legally engaged to travel freely to work across borders.
Businesses stand 8 Rome Statute of the International Criminal Court, Jurisdiction, Admissibility and Applicable Law, accessed June 19, 2012, http://untreaty. un. org/cod/icc/statute/romefra. htm 9 to lose in terms of the number of man-hours that would be lost from workers passing through very elaborate immigration procedures. Governments might as well require that companies introduce very detailed measures to ensure and be able to prove that workers are not victims of trafficking.
These requirements might entail taking on additional costs brought on by mandatory tracking and screening systems and maintaining worker databases. At the end of the day, cash-strapped enterprises may be forced out of operations. One other significant consequence of human trafficking on businesses can be examined within the context of the World Trade Organization. WTO/GATT Article XX (General Exceptions) empowers member states to apply sanctions or other measures in disapproval of trade practices involving several malfeasances which include slavery or forced labour. The Article XX Preamble, together with sections (b) and (e) read: “Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any contracting parties of measures: (b) necessary to protect human, animal or plant life or health. (Emphasis added) (e) relating to products of prison labor.
Member states are mandated to apply these two clauses to impose trade restrictions on suspicion of forced labour. They could also argue that those measures are necessary to protect the lives of victims of trafficking. Though such actions are challengeable under WTO law, the bottom line is that states can legally impose barriers on trade involving trafficking including child labour and/or forced labour. A state whose nationals are accused of or found guilty of human trafficking risks undercutting its import/export trade benefits to the detriment of domestic industries.
Measures to Eliminate/ Mitigate the Effects of Human Trafficking. This section proposes some measures to offset the effects of and possibly eliminate trafficking in persons. These measures broadly involve raising awareness, public recognition of individuals and businesses involved in the anti-trafficking movement; empowerment of vulnerable groups especially women, girls and children, national integration of international 9 Andrew T. Guzman, Joost H. B. Pauwelyn, International Trade Law, (2009-2010 Documents Supplement), Aspen Publishers, Kluwer Law International, 2009, p. 36. 10 anti-human trafficking laws/conventions, among others. These measures overlap and should be considered as complementary. Awareness Raising/Information Dissemination: To begin with, one way to increase public awareness is to make punishments for human trafficking public. Article 6. 1 of the Palermo Protocols enjoins state parties to protect the identity of victims by among other things making legal provisions relating to such trafficking confidential.
Nonetheless in order to get the public informed about what is happening, it would be better to publish prison sentences and/or other forms of punishment which should be stiffer so as to make a lot more people aware that such a crime exists, that it is punishable and deter would-be traffickers. Legal proceedings per se may or should be kept secret for the sake of the victim(s) but punishment for the crime should be made public. In low literacy countries, mass education/sensitization campaigns could be carried out in the vernacular to get more people informed.
Governments and partners such as civil-society groups could spend a little bit more money in getting vernacular interpreters where necessary to get the message to the grass-root level or rural communities. This is very important since one of the vulnerable groups of victims or potential victims are the uneducated, poor and low skilled who are therefore likely to be ignorant of the existence of such a menace and the various ways it is carried out. Showing documentaries on human trafficking might help to disseminate information on the practice to the public.
As in the fight against sexually transmitted diseases (STDs) in which graphic pictures of symptoms/patients are shown to inform and deter irresponsible sexual behavior, documentary films based on victims stories should be shown so as to inform people, especially vulnerable groups, about the various ways in which traffickers lure their victims. As may be expected, the feeling of sympathy as well as horror could leave an indelible imprint on the minds of the viewers thereby helping to make them more vigilant in protecting themselves and others from being trafficked.
Given that education is championed as a major key to the empowerment of individuals, designing and incorporating modules on human trafficking in academic curricula from basic school to the tertiary level can go a long way to help eliminate human trafficking. This is because students would get introduced to the notion of human trafficking at younger ages; they would be challenged to come up with ideas to fight it should there be evaluations on it. Teachers should be encouraged to use local examples in their lessons to make the students regard the menace as near to but not far away from them.
Further up the academic ladder, schools and civil-society organizations can collaborate to organize seminars, essays, debates 11 and other thought-provoking activities in which the non academic public may participate. Reports and recommendations would then be published in the related journals in hard and electronic versions which should be made accessible to all. Besides, students can be encouraged to form clubs, societies and associations to brainstorm on the issue, serve as peer-group educators, watch out for one another, inform their parents, and carry the message across to their communities.
Teachers should also be encouraged to pay close attention to pupils and students attendance to classes and follow up on sudden and/or continuous inexplicable absenteeism. Teachers and pupils/students who help to thwart any trafficking attempt should be publicly rewarded by the respective Parent-Teacher Associations and the state. This may prove vital especially in preventing or reducing child trafficking. In addition, governments, civil-society groups and media houses can liaise to fight this crime by running special broadcasts during major, sports and entertainment events (e. . World Cup, UEFA Champions League, Miss Universe, etc. ) when it is certain that a large proportion of viewers would get the message. If nations, and for that matter the entire society really want to curtail this crime then all major events of public interest should be used to get the world’s attention to human trafficking. Media houses and journalists who report on human trafficking should be awarded to motivate them to keep reporting on the issue and also get others within the profession to add their voices in spreading the message.
Engaging the religious community is another avenue which should be explored to raise awareness on human trafficking. This is because religion is a very powerful rallying force which cuts across race, gender, culture and economic classes. Significantly, religious beliefs and teachings do shape the behavior of followers/adherents to some extent. For this reason government agencies and civil society organizations can partner with religious leaders to combat human trafficking by using times of religious activity to inform the people, either by encouraging the leaders to do so themselves or inviting resource persons over.
This measure, if properly undertaken with the specific cultural and religious contexts taken into consideration would make the crime (morally) unappealing and unacceptable to lots of people and could equally foster unity and cooperation among the various authorities to address not only human trafficking but other socially and economically detrimental practices like female genital mutilation, honor killings, drug trafficking, etc.
Empowerment of Vulnerable Groups: Women and children especially girls are at a greater risk of being trafficked because of the booming (international) pornography industry and the (over) projection of feminine sexuality 12 or sex appeal in the media. Therefore implementing policies empowering women and girls through vocational training, apprenticeships, and educational subsidies should be pursued as part of national development agendas to reduce the number of disadvantaged and poor women and girls who fall prey to the enticements of traffickers.
At the community level, rolemodeling by successful women and peers might also help women and girls develop a sense of worth and have hope for the future. Admittedly, financial constraints could hinder the implementation of empowerment programs but states should aim at reducing costs by imposing heavier fines on persons and firms caught in human trafficking. Other categories of vulnerable groups are disadvantaged persons like the disabled, visuallyimpaired and orphans. Governments should strive to enact measures to meet the needs of these particular groups.
Employable skills training should be held for the disabled and visually-impaired and their family members encouraged to look out for them and be more responsible for their security. Social welfare institutions and adoption agencies should be well-monitored and resourced to cater for orphans and abandoned children. There is the need to maintain databases on such persons to help track their movement. Trafficked persons are also vulnerable especially to re-trafficking and should be well- catered for.
To this end, rehabilitation camps and skills acquisition programmes need to be set up to meet their needs. Victims should be helped to get over their experiences through counselling programmes and other healing sessions so as to facilitate their reintegration into society, whether within the countries of destination or if they prefer, back in their home countries. Adequate security should be devoted to such persons to prevent them and their loved ones from being attacked by their former “owners. Improved Transparency & Accountability: At the corporate level, peer accountability a concept explained by Robert Keohane as ways in which organizations may criticize the operations of similar organizations, often through multilateral organizations,10 could be one way of getting businesses to ensure that they are all competing on a level playing field. Since private businesses and corporate entities are generally averse to external or governmental scrutiny, allowing a level of self regulation among such entities could be one way to foster cooperation among firms in eliminating human trafficking.
The UN Global Compact, the world’s largest corporate citizenship and sustainability initiative is a voluntary intergovernmental/multilateral standards setting and accountability 10 Robert O. Keohane, Accountability in Global Politics, Nordic Political Science Association, Scandinavian Political Studies, Vol. 29- No. 2, 2006 13 body. With more than 8000 participants including over 6000 firms in 135 countries,11 it should be the forum of choice in promoting peer accountability.
One advantage of the Global Compact is that, at the very least, membership bestows a certain measure of credibility on a firm since that implies its willingness to be transparent and be scrutinized whilst transparency in turn connotes corporate responsibility and “clean hands”. These attributes could boost public support, generating interest in the goods and services offered by the business in question. On the other hand, consumers/ the public become more aware of and willing to act as partners in the fight against social evils like human trafficking.
Since the information on the activities of the Global Compact is available for public access, public-spirited individuals and groups can identify their areas of expertise/interest and participate in the initiative to help achieve its goals. In addition, the Global Compact has an annual “Communication on Progress” obligation which members commit to honour. The Communication on Progress is a public disclosure session during which members inform stakeholders (governments, civil-society, investors and consumers) on progress made in implementing the ten principles of the Compact.
These ten principles are summarized into four main areas namely human rights, labour, environment and anti-corruption with at least two of them, human right and labour closely related to the issue at hand, human trafficking. The human rights principle based on the 1948 Universal Declaration of Human Rights clearly proclaims freedom from servitude, slavery, torture and cruel treatment. The labour principles, based on ILO’s Declaration on Fundamental Principles and Rights at Work also engages members to work to eliminate all forms of forced and compulsory labour as well as abolish child labour, etc.
By upholding and obliging firms to report on how they implement these provisions , the Global Compact has developed a good means to check corporate malpractices like human trafficking, forced labour and other forms of servitude. Moreover, the public recognition of business leaders who champion the fight against human trafficking and actually follow best practices is an initiative which should be encouraged. In this regard, international awards such as the “Business Leader Award” instituted by “End Human Trafficking Now” in collaboration with partner organizations is a step n the right direction which if given the due media attention and governmental support can go a long way to encourage businesses to become transparent to their peers, thereby serving as a disincentive to dealing with human traffickers. The award aims at rewarding a business leader who has vision and (proven) commitment to combating human trafficking, has demonstrated 11 United Nations Global Compact, “Participants and Stakeholders” , accessed June 22, 2012 http://www. unglobalcompact. org/ParticipantsAndStakeholders/index. html 14 socially responsible initiative to combat human trafficking, been able to influence the company’s management and operations in identifying and combating human trafficking and, has successfully engaged a wider community/audience in preventive measures against human trafficking. 12 Investigative journalism or accountability reporting can as well be encouraged and undertaken by civil-society organizations and supportive governments in regions noted for (high) incidences of human trafficking. This could bring offending firms and their corrupt power-wielding partners under pressure by exposing their activities.
This undertaking might be highly risky though, considering the targeting of environmental campaigners in recent times as shown in media reports. To minimize the risk to investigative journalists, they may need to operate using pseudonyms; partner with foreign missions/embassies of powerful nations, independent pressure/interest groups, not stay too long in one place and keep low profiles as much as possible. Investigative journalists can help expose corrupt border guards and government officials, travelling agencies involved in trafficking, businesses involved in forced or child labour and countless other cases of illegal transactions.
Their role should therefore be appreciated and given the necessary support. Increased International Cooperation: Increased international cooperation in the form of joint-border patrols and other security measures like the use of surveillance cameras and high-tech tracking systems across borders can prove beneficial in dealing with trafficking and re- trafficking of persons. An example is the Secure Electronic Network for Travelers Rapid Inspection (SENTRI), a joint program by the United States and Mexico along their borders.
To cite other examples of collaboration, the International Organization for Migration (IOM) noted in its 2010 World Migration Report that, “many countries deploy immigration officials to work with foreign governments and airline personnel to identify persons travelling with fraudulent documents and to combat migrant smuggling and human trafficking operations. ”13 Developed countries with the technology could assist developing countries with equipment and personnel training so as to better track the movement of persons within but more especially, across borders.
Other measures which could be shared among governments include the work of the Technical Advisory Group on Machine Readable Documents (TAG-MRTD) and the Personal 12 Business Leader’s Award to Fight Human Trafficking, accessed June 30, 2012 http://businessleaderaward. org/nominations. html 13 World Migration Report 2010, The Future of Migration: Building Capacities for Change. WMR_2010_ENGLISH. pdf. p. 33 15 Identification and Registration System (PIRS), which allows for the capturing of biographical data of travelers entering and exiting border points. 4 International non-governmental organizations and other civil society groups can act as watchdogs and advocacy groups in the fight against human trafficking and should be encouraged to do so. They may be the first point of call for escaped victims and offer them protection. They also report instances of trafficking, and inform the public about businesses and corporations involved in trafficking, keeping public pressure up and holding the latter accountable. However there is the need for such groups to be impartial in their naming and shaming.
On a more subtle note, international cooperation can be induced by soft pressure in the form rankings accompanied by the loss of certain favours. This is evidenced by the 2012 United States Trafficking In Persons Report, which has classified state partners into four tiers according to their achievements coupled with efforts they put into the fight against human trafficking. These are: Tier 1, Tier 2, Tier 2 Watch List and Tier 3, with Tier 1 being the best performing rank in terms of meeting minimum anti-trafficking standards.
Examples of countries in the various Tiers are: Tier 1, Australia, Denmark, New Zealand; Tier 2, Argentina, Ghana, Switzerland; Tier 2 Watch List, China, Kenya, Russia and in Tier 3, Cuba, Congo DRC, Thailand. 15Tier 3 countries risk the withholding/withdrawal of nonhumanitarian and nontrade related assistance and also risk US opposition to their getting assistance from the World Bank and the International Monetary Fund. Tier rankings are not permanent and sanctions can also be waived to avoid adverse effects on vulnerable populations, which include women and children. 6 Governments should set up victim support centres where victims can get help when they escape from their captors. Such centres should be run by personnel who are trained to be able to deal with the specific needs of victims based on gender and other differences. Getting victims to seek help from foreign sources may be difficult because of fear of detention and repatriation or even lack of trust for strangers due to the victim’s previous experiences. Security agencies should be encouraged to treat victims with empathy and understanding so as to help them learn to trust again, which is one step in their healing process.
Any violence or heckling may aggravate the situation leaving the victims more traumatised, fearful or even hostile to their rescuers. At the regional level, The European Union, being a major destination point, is also engaged in the fight against human trafficking. To deal with this challenge, the European Commission 14 15 Ibid, p. 34 Department of State, United States of America, Trafficking in Persons Report, June 2012, p. 52, accessed June 20, 2012 http://www. state. gov/documents/organization/192587. pdf 16 Ibid, p. 44 16 as drawn a strategy, the “EU Strategy towards the Eradication of Trafficking in Human Beings 2012-2016” in which several policies have been identified including Directive 2011/36/EU (on preventing and combating trafficking in human beings and protecting its victims) expected to come into force by 6th April 2013 and the “EU Internal Security Strategy in Action. ” The Commission urged Member States which had not ratified the UN Palermo Protocols and the Council of Europe Convention on Actions against Trafficking in Human Beings to do so, emphasizing the fact that the main responsibility in dealing with the problem lies with Member States.
A remarkable feature of the Strategy is that it explicitly identified five priority areas the EU intends to focus on namely: a) Identifying, protecting and assisting victims of trafficking, b) Stepping up the prevention of trafficking in human beings, c) Increased prosecution of traffickers, d) Enhanced coordination and cooperation among key actors and policy coherence e) Increased knowledge of and effective response to all forms of trafficking in human beings. 7 This outline is commendable because it states the priority areas in narrow and precise terms which would make national implementation uniform and easy to monitor. Hopefully when these policies become promulgated, human trafficking would be dealt a severe blow in the European Union, contributing to its eventual elimination worldwide. Last but not the least, a pragmatic way of demonstrating national will and commitment in this fight is for the states parties to the international anti-human trafficking conventions, protocols and treaties to integrate the provisions thereof into their legal systems.
This makes it easier to punish those involved and ensure that victims get justice and are also well-protected. Merely ratifying international conventions or protocols does not automatically translate into national adherence and implementation unless decision-makers consciously do so. To this end, states which have adopted anti-human trafficking measures should encourage states which have not done so to pass similar laws.
This would make states know that they are together in the fight against human trafficking and would embolden their efforts. If selective national integration of anti- trafficking provisions is not discouraged, the efforts of states which had passed the necessary legislations would be rendered ineffective since the perpetrators could simply shift their operations from those more effective legal systems to weaker, less effective ones. 17 European Commission, EU Strategy towards the Eradication of Trafficking in Human Beings, 2012-2016, p. accessed June 26, 2012 http://ec. europa. eu/homeaffairs/doc_centre/crime/docs/trafficking_in_human_beings_eradication-2012_2016_en. pdf 17 Conclusion: The legal enslavement of persons ended a little over two centuries ago yet human trafficking has emerged as the modern (illegal) variant. Human trafficking affects all spheres of societal life ranging from the individual, communal, economic, political, legal, the national, extending to the international.
This paper however focused on its implications for businesses bringing out some economic, legal and socio-economic dimensions. In the process, some aspects of the standard international anti-human trafficking instrument, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, were discussed. In the international trade regime, the application of WTO sanctions aimed at slavery and forced labour could also be effective in combating the crime.
By way of solution, some recommendations were made such as awareness raising and information dissemination, improved transparency and accountability within the framework of the UN Global Compact, the empowerment of vulnerable groups especially women, girls, disabled persons as well as orphans and abandoned children, among several others. In addition, increased international cooperation such as border measures, regional efforts on the part of the European Union and the African Union were discussed.
In brief, mankind has proved its capability to surmount problems, surviving many devastating events including two world wars, diseases such as small pox, poliomyelitis and evolved with significant success. Human trafficking may appear unyielding at the moment, nevertheless if these measures as well as others which circumstances dictate are put in place, it is bound to be eliminated. 18 REFERENCES Belser Patrick, Forced Labour and Human Trafficking: Estimating
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Once in the final year, I read his papers published with my colleague Dr Sonawane which revealed his depth of knowledge in the field of polymer nanocomposites. Convinced about his potential I fully support Sarang’s decision to pursue graduate studies in Chemical Engineering with focussed work on novel nanocomposites. I also had been his mentor for research internship on my TEQIP funded project. During tenure of research internship, Sarang worked in a group of five members on Synthesis and Characterization of undoped and doped ZnO thin films for Optoelectronic applications.
This work resulted in our international journal publication on transparent conducting ZnO thin films which also showcased his technical writing skill. Sarang showed himself as active in thinking and original in viewpoint. Sarang is a self-driven person with an innovative mind who always suggested new developments in experimental setups of my project. When he was given the task of erecting most efficient experimental setup, he did the same in three weeks with proper testing.
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Our institute implements difficult courses and strict exams; still Sarang nevertheless remains in the top 20% among his class of 70 students. Sarang is also proficient in putting across his ideas whether orally and in written manner. I profoundly noticed this while he presented our Research Paper in an International Conference on Nanomaterials and Devices. On a different note, Sarang’s joyful nature with consistency in work has always maintained synergy in our research group. His organizational skills and extracurricular activities are commendable.
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Once the enzyme urease has been added to the boiling tubes and left for 24 hours the agar gel will turn blue in colour indicating the production of ammonia from the breakdown of urea. The measurement taken from the blue gel inside the boiling will determine the amount of ammonia produced. Equipment and Materials The equipment used in this experiment consists of; 6 boiling tubes containing acidified sugar with bromothymol blue indicator, six stoppers for the boiling tubes, 7x2cm3 syringes, urea solutions (prepared in advance). The urea concentration within the solutions are (mMol) 31. , 62. 5, 125, 250, 500. The equipment also contained an urea solution with an unknown concentration and urease solution. Method First 2cm3 of urease was added to each of the six test tubes which contained the acidified agar (using one of the seven syringes) then using the remaining syringes 2cm3 of the urea was added to five of the boiling tubes, each boiling tube getting a different concentration of urea added to it using a clean syringe each time. 2cm3 of the unknown concentration of urea was then added to the sixth boiling tube.
The stoppers were put into the boiling tubes and they were left in the same room for 24 hours. After 24 hours the length of the blue agar was measured and the results recorded in the table of results below and plotted on a line graph (see attached graph sheet). Table of Results |Concentration of urea solution (mMol) |Class Results (mm) |Mean Average (mm)| |500 |25 26 27 27 / 29 29 21 28 |26. | |250 |21 22 20 21 21 21 22 20 25 |21. 4 | |125 |14 16 15 15 18 15 17 15 14 |15. 8 | |62. 5 |8 5 4 8 10 6 10 9 10 |7. 8 | |31. 2 |2 1 2 2 0. 1 1 5 1 2 |1. | |Unknown |14 15 13 15 15 13 18 11 12 |14 | Conclusion From the graph drawn on the graph sheet it can be concluded that that the unknown urea concentration is 110 mMol. Discussion or results Within this experiment there are numerous variables that were kept constant and controlled to ensure accurate results. The variables include the volume of agar gel, the volume of urease solution, and the volume of the pH indicator.
The temperature and length of time the boiling tubes were left in the room (before measurements were taken) were other important variables to be considered and kept constant during the experiment. A variable that was not kept constant was the concentration of urea going into the boiling tubes. The reason for this was to examine and record the ammonia produced from different concentrations of urea and to use these results to find out the unknown urea solution’s concentration.
As a precaution and to ensure accurate results contamination of urea solutions was avoided by using a clean syringe for each concentration of urea. A clean syringe was used for the measurement of the urease to avoid cross contamination between the urease and urea solutions. The same method of measuring the urea solution was used to ensure the accuracy of the experiments results. A more accurate and reliable result was provided by taking a class mean average of the experiments results (as detailed in the table of results on the previous page. )
Worst Mistake in History college essay help los angeles: college essay help los angeles
Lastly, his statement about clumping together as a civilization being the cause of spreading diseases is completely invalid contradicting to everything the human race has accomplished so far. 12,000 years ago, the Agricultural Revolution started separating the Neolithic Period and the Paleolithic Period. The major change between the Paleolithic and Neolithic period was the domestication of animals and crops. The Agricultural Revolution brought dramatic changes in the Neolithic Period.
People no longer had to chase animals around and were able to settle in one place and start the first civilizations. It was a change from a Hunter gatherer to farmers. This is where I disagree with Jared Diamond. He states that all the Agricultural Revolution did was create confusion forming social classes and the inequality between men and women. A defined Social class is a crucial element of starting a civilization so that part is debatable. Domestication abled us to settle in one stop which gave us a head start on starting our civilization.
This process wasn’t necessary confusing making it an disadvantage for the human race. The issue about nutrition that Jared Diamond brings up is debatable because it might really depend on what region he studied to find the numbers. Even though humans started to domesticate crops, it doesn’t mean they didn’t hunt for animals. During the Agricultural Revolution, humans staid in one region an domesticate grains such as barley, wheat, and rice depending on the region. Rather than making a unbalanced food pyramid, adding a grain portions increased the life span of the humans.
Also Jared Diamond states that living together might have been a great disadvantage because epidemics would spread quicker killing many people at a time. But on the other hand, if humans never settled and were always on their feet, none of this we have now would have happened. There would have never been a civilization without the Agricultural Revolution. Based on what Jared Diamond states, the human race is giving themselves a hard time by starting to domesticate crops and animals only based on the idea that living close causes a quick spread of disease
It is obvious that the Agricultural Revolution isn’t the worst mistake the human race has ever created. The Agricultural Revolution is what shaped the world of how it is today. The civilizations, the start of everything. All of Jared Diamond’s arguments on why the Agricultural Revolution may be the worst mistake the human race has ever made are valid and they do have a point. But according to all his arguments, they contradict on all of what the human race has accomplished to do so far. The Agricultural Revolution isn’t a mistake, Its a blessing that the human race has put on themselves to shape this world.
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