Competition Act Case Essay Example for Free

Competition human motionivity Case EssayIn a congress judgement, the Supreme administration of India, on Sep. 9, 2010, has in effect and judiciously circumscribed the boundaries of exercise of power by both the Competition representation of India (CCI/Commission) and the Competition Appellate courtroom (the Tribunal) enchantment delivering its verdict in the much awaited case Competition Commission of India v. Steel Authority of India Ltd. This Note captures the highlights of the decision for readers of this Blog scopeThe flirt was hearing an appeal by the CCI against the fellowship dated Feb. 15, 2010 of the Tribunal in Steel Authority of India Ltd. v. Jindal Steel Power Ltd. Jindal Steel had filed a flush before CCI alleging anti-competitive practices and abusive behaviour by SAIL magic spell it entered into an exclusive supply agreement with Indian Railways. Upon receipt of the complaint/information, CCI have intercoursed notice to SAIL to deliver certain informa tion for within two weeks from the date of receipt of such notice. SAIL requested for an extension of time upto six weeks to file the required information. CCI in its meting deliberated on the request and decided not to grant any unless extension.In the said meeting CCI also formed a star(predicate) facie sight on the existence of the case and directed the Director General (DG) to inquire into the librate pursuant to its powers under Section 26(1) of the Competition comprise, 2002 (the Act). SAIL challenged this focal point before the Tribunal claiming that CCI could not have formed a prima facie opinion without hearing it first. SAIL also contended that CCI has not take downed any reasons while forming the prima facie opinion and that the time provided by CCI to file information was grossly inadequate. While filing the appeal before Tribunal, SAIL did not implead CCI as a political party. CCI thus filed an application before Tribunal for impleading itself as a necessary an d victorian party and also assailed the very maintainability of appeal.The Tribunal, in its detailed order, holding that even up the direction to inquire was appealable under Section 53A(1) of the Act noted that CCI could not have directed the DG to inquire into the complaint without having heard SAIL. It further noted that CCI was neither a necessary nor a proper party in appeals filed by an aggrieved party before the Tribunal. The Tribunal also noted that CCI did not record any reasons while declining to grant extension of time and hence it in violation of principles of natural judge.Appeal before the Supreme CourtAggrieved by the order of the Tribunal, CCI approached the Supreme Court which framed six broad issues noting some of the allied issues raised by the parties(i) Whether the direction passed by the Commission u/s. 26(1) of the Act while forming prima facie opinion would be appealable u/s/ 53A(1) of the Act? (ii) What is the scope of the power vested with Commision u/s. 26(10 of the Act and whether parties including the informant and other touched parties are entitled to notice at the stage of formation of prima facie opinion? (iii) Whether the Commission would be necessary or at least a proper part in proceedings before the Tribunal? (iv) At what stage and in what manner the Commission can exercise its powers u/s. 33 of the Act while pass(a) interim orders? (v) Whether it is obligatory for the Commission to record reasons while forming prima facie opinion? (vi) What directions, if any, need to be issued by the Court for ensuring proper compliance of the procedural requirements while keeping in mind the scheme and object of the Act?The VerdictIssue 1 The Court made an thorough study of the scheme and the provisions of the Act and rules of statutory interpretation, noted the distinction between and and or, referred to Indian, UK and European decisions to unearth colonised principles of fair play and finally cerebrate that Section 53A(1) of the Act expressly provides for what decisions or orders or directions whitethorn be appealed before Tribunal. The Court noted that proper(a) to appeal is a substantive right which derives its legitimacy from the operation of law or statute. If the Statute does not provide for an appeal, the Court cannot presume such right. The direction to cause an investigation into a matter is passed under Section 26(1) of the Act does not determine any right or obligation of the parties to the lis. It does not find mention in Section 53A(1) of the Act and hence, the Court found that such orders would not be appealable under the Act.Issue 2 and 5 The Court noted that the exclusion of principles of natural referee (PNJ) is a well known concept and the legislature has the competence to enact such laws. Whether the exclusion of application of PNJ would vitiate the entire proceedings would depend upon the temperament and facts of every case in the light of the Act or Rules and Regulation applicable to the case. The Court, then, read into various provisions of the Act and the Competition Commission of India (General) Regulations, 2009 in order to determine the nature of functions of the Commission under various provisions. The Court found that at the face of it, the exercise of power u/s. 26(1) of the Act while forming prima facie opinion is inquisitorial and regulatory.It held that while forming prima facie opinion, the Commission does not condemn anyone. This function is not adjudicatory in nature but nevertheless administrative. This function is in the nature of preparatory measures in contrast to the decision making process and hence right of notice of hearing is not contemplated u/s. 26(1) of the Act. On the issue of reasons to be recorded at the stage of forming prima facie opinion, the Court held that the Commission must express its mind in no indistinct terms that it is of the view that prima facie case exists. Such opinion should be formed on the basis of the records, including the information furnished and reference made to the Commission. The reasons may not be in detail but there must be minimum reasons substantiating the view of the Commission.Issue 3 The Court reiterated the settled position of law relating necessary party and proper party. A necessary party is one without whom no order can be made effectively whereas a proper party is one in whose absence an effective order can be made but whose presence is necessary for a complete and final decision on the question involved in the proceeding. Applying the principle of dominus litus, the Court then noted that in cases where the Commission savants a proceedings suo moto it shall be the proper party. In all other proceedings, it shall be a necessary party.Issue 4 On powers of the Commission u/s. 33, the Court noted in following terms During an inquiry and where the Commission is satisfied that the act is in contravention of the provisions stated in Section 33 of the Act, it may issue an order temporarily restraining the party from carrying on such act, until the conclusion of such inquiry or until further orders without giving notice to such party, where it deems it necessary. This power has to be exercised by the Commission sparingly and under compelling and exceptional circumstances.The Commission, while recording a reasoned order inter alia should (a) record its satisfaction (which has to be of much higher degree than formation of a prima facie view under Section 26(1) of the Act) in clear terms that an act in contravention of the stated provisions has been committed and continues to be committed or is about to be committed (b) It is necessary to issue order of dominance and (c) from the record before the Commission, it is apparent that there is every likelihood of the party to the lis, suffering irreparable and irretrievable damage or there is definite grab that it would have adverse effect on competition in the market.Issue 6 One of the major outcomes of the cas e relates to the Courts recognition and proof of the expeditious disposal of complaints filed before the Commission. The Court found this to be a fit case to issue certain guidelines in the larger touch on of the justice administration. These directions weigh special worth in the light of the fact the Commission, even after more than one year of the enforcement of the operative provisions of the Act, has not issued its order in a single contentious case.The Court passed following guidelines (a) Even though the time period for forming prima facie opinion by the Commission is provided in the Regulations (i.e. 60 days from the date of filing information) it is expected of the Commission to hold its meetings and record its opinion about existence or otherwise of a prima facie case within a period much shorter than the stated period. (b) All proceedings including investigation and inquiry by the Commission/DG must be completed expeditiously while securing the objectives of the Act. (c ) Wherever during the course of inquiry the Commission exercises its jurisdiction to pass interim orders, it should pass a final order in that behalf as expeditiously as possible and in any case not later than 60 days. (d) The reports by the Director General u/s. 26(2) should be submitted within the time as directed by the Commission but in all cases not later than 45 days from the date of passing of directions in terms of Section 26(1) of the Act. (e) The Commission/DG shall maintain complete confidentiality as envisaged u/s. 57 of the Act and Regulation 35 of the Regulations. Wherever the confidentiality is breached, the aggrieved party certainly has the right to approach the Commission for issuance of appropriate directions in terms of the provisions of the Act and the Regulations in force.Reading between the LinesThe verdict of the apex of the suns way Court bears immense significance given the timing of and issues involved in the judgement. It may be noted that both competitio n law and policy and the Commission are at a very nascent stage within the broad regulatory matrix of Indian economy. The judgement of the Supreme Court has rightly echoed the sentiments of proponents of free and fair market economy and it shall go in long way to effective sketch the competition law landscape in the country. At this point, I would like draw some conclusions which may not seem apparent at the face of it. They are as follows(i) The Court, in its opening paragraphs, notes the immenseness of competition law and policy for any free market economy referring to three types of efficiencies i.e. allocative, productive and dynamic. The Court observes that the main objective of competition law is to come along economic efficiency using competition as one of the means of assisting the creation of market responsive to consumer preferences. While it may be too earliest to conclude, but this certainly indicates that Indian Courts are going to lean towards Chicago School of Tho ught in the Chicago-Harvard dichotomy. It is the Chicago School of Economists which has brought the efficiency test as a dominant factor in last three decades in US Courts.(ii) While highlighting the aims of competition law, the Court makes a mention of the relevant laws of other jurisdictions including that of USA, UK and Australia. It would not be far-fetched to argue that the Court has indirectly hinted that in future, it shall definitely take into account the competition law jurisprudence developed in these jurisdictions while deciding contentious issues. That the Supreme Court is going to rely on EU and US Court decisions while explaining the substantive concepts involved in competition law is further strengthened by the fact that the Court referred to two decisions EU courts i.e. CFI and ECJ in its very first judgement related to the unseasoned Act even when there was no substantive concept of competition law as such involved.Remarks(i) The Court has very effectively defined the chain and scope of the powers of the Commission and the Tribunal at the stage of forming of prima facie opinion. No jurisdiction generally allows challenging the direction passed by the competition authorities to initiate investigation. However, there may be cases where the amount of information to be filed would be voluminous and the Commission in such cases must provide adequate time. It is obscure whether a person would be able to challenge the denial of extension of time by the Commission in such cases.(ii) In larger interest of justice administration, the Court passed certain directions till the Commission formulates its own regulations in that regard. Though such a step by the Court is quite welcome, but the timelines provided by the Court are quite unreasonable and strict. For example, the Court has directed that the DG must submit its report within 45 days u/s. 26(2) of the Act. This seems quite onerous to be implemented in practice. The collection of evidence and asce rtainment of facts would require the DG to issue notices to relevant parties. Such parties would have to prepare their responses which they assign to file before DG. All this may not be done within 45 days of time period.(iii)Though I fully agree with the Courts reasoning as to why Commission needs to give notice to parties at the time of forming prima facie opinion the analysis seems to be partial as the judgement has not even referred to provisions of Section 36 of the Act. The Court should have analyzed the provisions of Section 36 while discussing the issue of compliance or non-compliance of PNJ.(iv)Finally, the Court also states that as far as American law is concerned, it is said that the Sherman Act, 1890, is the first codification of recognized common law principles of competition law. I do not want to sound picky, but to my limited knowledge, Canada was the first country to enact its Competition Act which was one year prior to the Sherman Act i.e. in 1889.

Experience hyperthermia Essay Example for Free

Experience hyperthermia EssayMarian suffered from a passion stroke causation her tree trunk to experience hyperthermia. Marian form went through the process of homeostasis from experiencing hyperthermia. Homeostasis is a state of body equilibrium or stable internal environment of the body.(Marieb 8) Homeostasis protects the body by allowing it to adapt to the environment. Marian homeostasis tried to cool the body scarcely failed. Though Marian was lucky her daughter found her in time. When a heat stroke occurs the bodys homeostasis shuts down where the temperature force out reach high enough to cause brain persecute to where you die. Heat strokes squeeze out cause damage internally well as externally. Hyperthermia causes a positive feedback mechanism within the body. A positive feedback mechanism is a feedback that tends to cause the level of inconstant to change in the same direction as an initial change.( Marieb 9) When the body stimulus rises the hypothalamuss thermo receptors start to work as the bodys thermostat.The thermoreceptors charge messages allowing the hypothalamus to make temperature changes in the core. When the core starts to raise the heat loss mechanism starts one or two things dilation of cutaneous blood vessels or intensify sweating.(Marieb 833) Dilation of cutaneous blood vessels is where the vessels swell with warm blood, heat is lost from the radiation, conduction, and convection (Marieb 833) Some symptoms for a heat stroke argon throbbing headache, dizziness and light-headedness, want of sweating despite the heat, red hot skin, muscle weakness or cramps, nausea and vomiting, rapid heartbeat, which whitethorn either strong or weak, rapid shoal breathing, behavioral changes such as confusion, disorientation or staggering, seizures, and unconsciousness.( http//firstaid.webmd.com/heat-stroke-symptoms-and-treatment)The treatments of methodologies for hyperthermia that were used in this case study was to apply cold dampen clo th to supercilium and face, position in front of a fan while using a spray bottle with water on her skin. Applying a cold wash cloth to face and forehead allows the body to drop in temperature. Positioning the body in front of a fan allows cooling. Spraying water allows hydration to the dried skin. Hyperthermia is, also, used for cancer patients. Hyperthermia treatment heats body tissues to 113 degrees Fahrenheit to damage and destroy cancer cells while leaving healthy tissue unharmed.( http//www.ehow.com/about_6470647_new-hyperthermia-cancer-treatment.html)Hyperthermia can happen very easily. People need to wear sun screen, lose fitting of clothing to c everyplace the skin.Eat small portions drink plenty of fluids but not alcohol. Alcohol dehyd deems the body. Watch the weather to see if a heat advisory is in effect. Make sure not to do hard use work out during hot days. Talk to your primary doctor to see if your medications or your disease(s) can be effected by the sun. In this c ase though, Marian suffered from a heat stroke due to being in a house with no windows open. Hyperthermia is more harmful to infants or small children, elderly, overweight, bulk who are ill or medications. Small children or infants depend on others to protect them. They are defenseless in the sense when it comes to staying out of the sun, sunscreen, and hydration. The elderly may not feel heat stress. Elderly for the most part dont response or sense to the change in climate. People who confirm diabetes tend to have poor circulation.Poor circulation is dangerous during heat waves because the blood needs to flow throughout the body to cool itself. So having poor circulation already would mean the body would trouble pumping blood faster to cool the body, thus, causing a heat stroke. People who are overweight retain more body heat than skinny people. When having more body heat it causes heat stress. Heat stress leads to a heat stroke. People who work out can over do it and experience dehydration. Dehydration can cause heat stress. People who have heart disease or high blood pressure are at risk because when the body is trying to the cool its self the heart has to pump in a faster pace causing the heart rate and blood pressure to go up.This is not good because it causes these people more stress on the heart. People on other medications have to be thorough because the sun can cause increase or decreases in the function of the body which the medications are already trying to control without the factor of the sun. How a medical personal treat hyperthermia is very carefully. The body can be damage either by the tissue, brain, and /or body organs or possibly all three are damaged. The first thing is to check the peoples vitals to see if they are stable. Second, a physical assessment can be done to look over the skin.

Pakistani Indian Relations

Pakistani Indian RelationsIntroductionFrom the beginning the seeds of conflicted ingest been impartially implanted in the roots of Pak-India Relations. These two nations neer considered each separate(a) as their friends exclusively expected and wanted to be foes. At the time of the partition, about half a million Muslims and Hindus were killed in mutual insurgences following the partition of British India. Millions of Muslims living in India and Hindus and Sikhs living in Pakistan immigrated in angiotensin-converting enzyme of the most massive transfers of population in the modern era. Both countries blamed each early(a) of not providing suitable security to the minorities immigrating through their territory. This served to increase decadesions between the newly-born countries. This created instability in the area and never lead-in each other to prosper economically.The relations between India and Pakistan have been influenced by a consider of historical and semipolitica l issues, and is defined by the crucial partition of British India in 1947, the Kashmir dispute and the subprogram of military conflicts fought between the two nations. No doubt that the nations share the same historic, cultural, geographic, and economic terms In the Sub-Continent and their alliance has been critical by aggression and doubts.Countries comparingWars, Conflicts and DisputesKashmir IssueThe emerging, countering and the most deadly issues in the world is the cause of major tension and conflict between two countries. It was from the beginning when the Ruler of Kashmir decided to remain independent at the times of division. Now by and by the division Pakistan is claiming its Dominance and India is claiming its reunion with Kashmir which is leading to a critical situation and insurgency.1965 War Kargil War (1998-99) subsequently the independence, India had left no stone unturned to bring handicap to the sovereignty of Pakistan. Moreover their military actions of the 1965 war claimed their aggression towards Pakistani fellowship. Moreover it is still pressurizing the army of Pakistan. round other incident when Pak become nuclear superpower in 1999 the Kargil war broke out. tho some analysts claim that they have been the victim of releasing of tensions from the both sides. But both were solved by the International communities.Water disputeSince independence the water dispute emerged as major dispute between the two nations about rivers Ravi,Sutlej,Chenab,Beas,Jehlum and Sindh.So after the cooperation of World Bank, In 1960, Indus Treaty was signed to resolve the conflict.Pak get Chenab,Indus and Jehlum and India got Ravi, Sutlej and Beas according to the treaty.Bangladesh Liberation WarSince independence, Pakistan was geo-politically divided into two major regions, West Pakistan and eastmost Pakistan. East Pakistan was occupied mostly by Bengali people. In declination 1971, following a political crisis in East Pakistan, the situation soon move up out of control in East Pakistan and India intervened in favor of the rebelling Bengali people. The conflict results in a brief but bloody war and lead to the independence of East Pakistan. In the war, the Pakistani army swiftly fell to India while forcing the independence of East Pakistan which separated and became Bangladesh.Control Line IssuesA number of times when the relations and tensions between India and Pakistans seemed to be decreasing the control line issues came into existence by the Military of both cuontries. The true example is Kargil war (1998-99).Firings, bombings and stunning of innocent people are key findings of these issues.Conflicts RebornSamjhota discourse Bombings (2007)The 2007 Samjhauta Express bombings was a terrorist attack targeted on the Samjhauta Express train on 18 February. The Samjhauta Express is an international train that runs from New Delhi, India to Lahore, Pakistan. It is one of two trains to cross the India-Pakistan border. At least 68 people were killed. Mostly were Pakistani civilians but alike some Indian security personnel and civilians. Prasad Shrikant Purohit, an Indian Army officer and leader of a Hindu Fundamentalist Group.It was identified and investigated as a key rum responsible for the bombing. The attack was a turning point in Indo-Pakistani relations, and one of the many terrorist incidents that have effected relations between the two countries.Mumbai attacks (2008)The 2008 Mumbai attacks by ten Pakistani terrorists killed over 173 and wounded 308. The single surviving gunman, Ajmal Kasab (who was arrested during the attacks), was found to be a Pakistani national. This fact was acknowledged by Pakistani authorities. In whitethorn 2010, an Indian court condemned him on four counts of murder, waging war against India, conspiracy and terrorism offences, and sentenced him to death. India blamed the Lashkar-e-Taiba, a Pakistan-based militant group, for planning and executing the attacks. Islamabad r esisted the claims and demanded evidence. India provided evidence in the form of interrogations, weapons, candy wrappers, Pakistani Brand Milk Packets, and telephone sets. Indian officials demanded Pakistan deport suspect for trial. They also tell that, given the sophistication of the attacks, the criminals must have had the set up of some official agencies in Pakistan.Role of Media in Promoting PeaceNo doubt, over the last two decades, media has been playing a vital eccentric over the peace and take development talks of Pak-India relations. Not completely Pakistani media but foreign media is also participating very actively. From ages these sides have never been to the soft corners of the issue but are always the grand part of mishaps. The both media men and media partners are also demanding their home countries to ensure easy indorse form _or_ system of judicature to promote harmony among the countries. Singers alike Atif Aslam and Rahat fateh Ali khan also go India for p erforming musical activities for the film industry of India. This makes a major peace orifice by media side.The Lighter Side of Diplomatic RelationshipAman ki AashaAman ki Aasha (Hope for Peace) is a urge on jointly started by the two leading media houses The Jang Group in Pakistan and The Times of India in India. The campaign purposes for mutual peace and development of the diplomatic and cultural relations between the two nations in South Asia. It was started on January 1, 2010. The campaign never received warm retort from India and Pakistan.Shoaib and Sania RelationshipThe one of the greatest relationships ever made in the history of world and the most renowned one is Shoaib and Sania Marriage which has weaken the strong holds of hatred and anger between two nations. This has also presented a soft image of Pakistani personnel in the write down of Indian dilemmas.Bilateral Sports PromotionsSports have always been a key player in promoting peace and harmony. Both countries wer e mutually involved in number of sports like Cricket, Hockey and Kabbadi. And both countries important persons often and several times go to their neighbors to see these cricket and hockey matches. Moreover, the recent Kabbadi Final match was warmly attend by Chief rector Punjab, Mian Shahbaz Shareef. This was an important initiative regarding peace promotion.Trade and Development TalksIn Second Indian Expo on December 14, 2013, Leader of Businessmen Group (BMG) and former President Karachi Chamber of Commerce and Industry (KCCI), Siraj Kassim Teli, has advised business community of India to pressurize their establishment to resolve issues and renormalise trade and political relation with Pakistan. While Inaugurating 2nd Indian Expo at Expo Center, he said that both the countries should chew out each others country frequently and conduct trade. He was of the view that army and politicians both the countries, do not like to normalize relation whereas the business community and g eneral public are in favor of normal relations. There should be no restriction on movement between the two countries.In New Delhi on December 9, 2013, a Pakistani delegation led by Lahore Chamber of Commerce and Industry (LCCI) said there is a rent to take bold steps to encourage business relations and to stupefy changes in investiture laws in both the countries. According to him, It is time to take action and to take bold steps. Tourism is an important sector and there is a need to promote tourist movement. There is the need to change the existing investment laws in both the countries.Railways Minister of Pakistan Khawaja Saad Rafique has said that the Pakistan Railways go out soon send a delegation to New Delhi. According to the minister, the main purpose of the visit is to convey about the functioning of the Indian Railway System. Rafique acknowledged that the Indian Railways is a profit-making entity unlike the Pakistan Railway. Pakistan also needs to take help and guidance from the Indian Railways to make it economically possible and bring it back on the right track. Addressing a press conference at Pakistan Railway headquarters in Lahore, he also said that Indian Railways, one of the largest railway networks in the world, has 115,000 km of track with a route of more(prenominal) than 65,000 km connecting 7,500 stations. We have to do away with the policy of hatred with neighbors, especially India, as we cannot afford it today.MFN TalksIndia-Pakistan relations got an additional setback after the announcement made by Pakistans Finance Minister that the MFN experimental condition, i.e. the most favored nation status, to India will not be considered. Although the improve trade relations would have a significant impact on the political issues between the two countries, and this announcement makes it more likely that bilateral relations will continue to weaken at current low levels. The latest figures show that Indias 2012 trade with Pakistan accounted f or a mere US$2.15 billion of its total trade of US$778 billion (less than 0.3 per cent). Exports to Pakistan accounted for only 0.56 per cent of Indias exports, while imports represent 0.11 per cent. Given the size of both countries economies and the complementarily of their trading baskets, the present level of trade should be higher. The rejection of MFN status compounds these difficulties, and edits the effect of positive steps taken by both countries over the last few years.MFN status would not only help provide stability in trade relations between the two countries but would also assist Pakistan in technology upgrades, greater productivity gains, and increased revenues from legal trade. It is reported that India-Pakistan informal trade (trade occurring through a third country) accounts for more than formal trade (which is around US$4 billion). Further, consumers would experience lower product prices and greater variety. Despite Pakistans recent rejection of MFN status to Indi a, India could unilaterally reduce all kinds of non-tariff barriers that would be capable of creating confidence among Pakistani traders. A good and stable political relationship would help trade but opposite is kind of possible.Whereas, nowadays Pakistan is closely watching the high-decibel campaign for Indias general elections, andNarendra Moodi has surprisingly emerged as the favorite candidate for many across the border who want peace and trade with India. They believe that Moodi, who boosted trade and investment in Gujarat, may also give a big push toIndo-Pak trade. Observing the Most favorite Nation (MFN) status to India by Pakistan would be a positive step forward in improving the relation between the two neighbors, Islamabad may decide on it after the elections in India, said pack Dobbins (U.S Special Representative).Global ViewsAt their much anticipated meeting in New York, Prime Minister Nawaz Sharif and his Indian counterpart Manmohan Singh guaranteed to find ways to re store calm on their disputed border in Kashmir as an initial step towards reconciliation. An Indian official said that the two leaders have decided to task senior military officers to find effective means to restore the ceasefire in Kashmir.U.S. Special Representative James Dobbins said ahead of an expectedmeeting in New York between the prime ministers of the two neighboring countries.Improvement in Pakistan-India relations is akey to South Asian stability and Washington would support any initiative towardsthat goal. He also said that on India and Pakistan relations, we would support any initiativeswhich led to an improvement in those relations. We think its importantfor both countries, its important for the stability of the broader region, itsimportant for the world, at Washingtons Foreign Press Center.He was commenting on peace prospects between the two nuclear powersthat saw a readying of tensions this summer with repeated violations ofnegotiating periods in the disputed Jammu and Kashmir region. Prime Minister Nawaz Sharifand his Indian counterpart Manmohan Singh are expected to hold peace discussions in New York, where they will both address the 68th UN General Assembly session. Theyre both nuclear-armed powers, and a conflict between them wouldbe disastrous not just for them, but for everyone. The special vocalism also reminded U.S. backing forimprovement in Afghanistan-Pakistan relations specifically because it would easesome of the pressures and tensions that give rise to the conflict in Afghanistan. And so from our point of view, there is everything to be gained from animprovement in the relationship between two countries.Current ScenarioThe Global Discussions for maintaining peace between India and Pakistan are at its peak these days. The newly elected Prime Minister of Pakistan Mian Nawaz Sharif has taken a step forward towards India. Peace between the two nations seems to be his first priority. Mian Nawaz Sharif in his several speeches talked ab out the betterment of relation between the two nations. He also talked to one of the leading media group of India to play a positive role in this situation. He also invited Indian Prime Minister to visit Pakistan.Recently, Chief Minister of Punjab, Mian Shahbaz Sharif visited India and watched Kabaddi match between the teams of both nations. He said if India wins the match we will congratulate you as our neighbors won and if Pakistan wins, India should do the same as their neighbors won. He invited Chief Minister of Indian Punjab to visit Pakistani Punjab.This shows the positive stance of Pakistans government. On the other hand, India is not showing any response to this due to several reasons in which Indian elections are one of the main. Elections are going to take place in India hopefully this year and Monmohans government in about to finish its tenure. It seems that Monmahan Singhs government is not willing to take any step for the peace between the nations as it might harm their party in the coming elections. At the same time, the Prime Minister candidate of BJP India, Mr. Narinder Moodi is using Anti-Pak relations as one of its main stance in his campaign. Both India and Pakistan are looking forward to improve their status economic development, globally. Both the nations are seen in a competition.ConclusionTo sum up this scenario, only one-sided soft corner is seen which is from Pakistan as they are not leaving a single chance to improve the relations but Indian government is not looking forward to it. The relations cannot be improved until or unless both the governments sit together and resolve their issues. The gigantic spending on defensive structure Budget from both countries is leading them to an economic Black Hole. They should follow the famous sayingsLet Bygones, Be BygonesThe Government of Pakistan has decided to give the MFN status to India after their elections. This status will increase the trade between then the two countries through land bo rder and it is hoped that trade normalization can help in resolving the issues.Referenceshttp//www.dawn.com/newspaperhttp//www.brecorder.com/business-a-economy/672/1264337second-indian-expo-opens/http//karachi.newspakistan.pk/http//articles.economictimes.indiatimes.com/2013-12-09/news/44989244_1_india-and-pakistan-sohail-lashari-salman-bashirhttp//inserbia.tumblr.com/post/69776834458/pakistan-railways-ready-to-seek-technical-help-fromhttp//www.thetimes.co.uk/tto/news/http//timesofindia.indiatimes.com/http//tribune.com.pk/story/649555/indo-pak-relations-lets-re-write-our-history-for-a-better-future/http//www.infoplease.com/encyclopedia/history/india-pakistan-wars.htmlhttp//historypak.com/quaid-i-azams-perception-of-pakistans-relations-with-india/https//www.mtholyoke.edu/nmonasch/pakistan-india conflict.htmlhttp//www.thenews.com.pk/http//www.nation.com.pk/editors-picks/25-Nov-2013/pak-india-mediamen-demand-easy-visa-policyhttp//www.eastasiaforum.org/2013/08/28/leaving-pakistan-india-t rade-barriers-up-ties-political-progress-down/http//articles.economictimes.indiatimes.com/2013-12-03/news/44710673_1_mfn-status-narendra-modi-indo-pak-tradehttp//zeenews.india.com/news/south-asia/pak-may-decide-on-mfn-status-to-india-after-polls-dobbins_896262.htmlhttp//tribune.com.pk/story/611555/un-secy-gen-welcomes-pakistan-india-talks/

Non organic growth strategy

Non original emergence strategyAbstract As microfinance industry has been maturation rapidly, in m slightly(prenominal) places the market of this sector becomes relatively mature and lies in competitive situation. Some of microfinance institutions start thinking, exploring and doing non organic growth strategies. This stem presents the predilection of non organic growth strategies in microfinance whether through strategical alliances or conjugations and skills which quarter be a choice for achieving rapid growth and expansion. One of the key achievement factors in doing such strategies in microfinance could be the comprehensive perspicacity to the similarities and goings of nerves characteristics, such as their structure and culture.BACKGROUNDIn the recent years undoubtedly that microfinance has become a diverse and growing industry. This sector has been attracting many eyes for several reasons. One of the reasons tin be said that on one side microfinance melody is not moreover ground on financial motive, besides in addition on other side used as kernel for social development, as many called double bottom line principal. Many microfinance institutions (MFIs) have been placing and operating the business in the atomic number 18a where in that location has been potential market of micro green lights and low-income households. Consultative Group to supporter The Poor (2010) , broadly outlined microfinance institution (MFI) is as an musical arrangement that deals with the provision of financial services mainly for the benefit of the poor. These organizations vary in their legal structure, mission, and methodology. in general there argon four categories of microfinance providers, namely informal, member-owned organizations, NGOs and stately financial institutions ,such as Regulated MFI and Commercial Bank (Helms, 2006).All categories of those microfinance institutions argon struggling to grow and experience in the arena. As the market is facing the maturity and fierce competition, many microfinance institutions bound trying to expand their portfolio by providing financial services to a big number of clients while at the same time fulfilling an MFIs social mission. Some of them explore to alternative means for reaching rapid growth by formulating and doing damp strategies. They have been trying to adapt non organic growth strategies whether through doing strategic alliances or mergers and acquisitions.Generally speaking in the world of business, we have been witnessing with a locoweed of examples of many firms achieving growth by creating alliances/collaboration with other parties and mergers and acquisitions. Both strategies are common done by many firms in the world since these piece of ass avail the firms to covering each own weaknesses and unite each own different resources as wellspring as facing challenges much more respectable. But in microfinance those cardinal kind of strategies are still unused ly developed.In authors opinion, the issue of non organic growth strategy chosen by MFI whether they want to decide to do strategic alliance/collaboration or merger and acquisition is affaireing due to the fact of unique characteristics of the players in microfinance arena as mentioned above. For example, we find that Microfinance Formal monetary Institution (MFIF) comparing to Microfinance NGO is more financially oriented rather than socially. In MFIF, the organization goals are always associated with the financial indicators and sales indicators. Whereas in microfinance NGOs are closely fixd to the non financial changes, particularly in the social changes of community, such as household income changes, effects of loan to women empowerment, health etc. These differences are rattling important to be understood considering that the differences inherent to those 2 institutions will affect to the no-hit or the failure of doing non organic growth strategic.Therefore,this paper pr esents the idea for MFIs, mainly for MFIF and Microfinance NGO types, in choosing such non organic growth strategies, whether they want to create a strategic alliance or merger and acquisition. The structure of this paper will be presented as follows Section 1 provides the backdrop regarding to authors opinion to raise the issue of non organic growth strategy in microfinance. The section 2 elaborates the conceptual background about the definition of strategic alliance and the merger and acquisition, and points out motives and diffrences behinds these strategies as well as the explanation of success keys. Then institutional features of players in microfinance arena is presented in the section 3. In the section 4, we try to give the idea to answer the question which strategy chosen by MFIs base on the different characteristics of those non organic growth strategies and distinctive features of microfinance institutions as explained in section 2 and 3, and this section leads to the c onclusion as section 5. At the end references are appeared in the section 6. The limitation of this paper is not addressing the issue of alliances or mergers and acquisitions between MFIs which formed in informal and member-owned organizations or cooperatives. This paper further focuses on the basic idea of doing alliances or mergers and acquisition for MFIFs and NGOs form and doesnt explain quantitatively in details.Conceptual BackgroundThe words of organic growth and non-organic (external) growth are common known in the corporate growth raillery. Organic growth is ordinarily defined as a companys growth rate excluding any scale increases from takeovers, acquisitions, or mergers. Growth of this type is also referred to as a companys core growth. Organic growth is generated, for example, by selling more product (services as well) to current customers, selling product to new-fangled customers, or selling product at a higher price ( Dalton and Dalton, 2006) .Whereas non organic g rowth obviously tin can be defined as a strategy to obtain companys growth through alliances, mergers and acquisition and takeovers.Many firms decide to do alliances /collaboration or merger acquisition to survive and to grow rather than to run business relying on the individual efforts. These non growth strategies are done by many firms to form powerful energy in managing difference resources owned by each party. As Zhiang et al (2009) notes that resources are heterogeneously distributed across firms, therefore many important internal resources can be obtained from external sources via inter organizational relationships such as alliances, or by engaging in mergers and acquisitions. Compared to internal development or organic growth, strategic alliances as well as mergers and acquisitions strategy is a much faster way to build organic capabilities.Strategic AlliancesA strategic alliance is defined as an arrangement between two or more commutative companies that decide to carry ou t a project or operate in a specific business area by coordinating the necessary skills and resources jointly rather than operating on their own or merging their trading operations (Dussauge et al,1999) . It can be a contractual arrangement to collaborate on one or all levels without any intended change in organization legal structure (McCarter, 2002). Strategic alliance occurs for a certain period of time whether short or long time. According to Koza and Lewin (1998), there are two main motivations for the decision of doing alliances, namely exploitative and exploratory. Exploitative means that in the agreed alliance, each party seeks to leverage their own resources and capabilities in order to stir revenue or reduce cost, whereas exploratory each collaborating party willing to create new opportunities, markets, product and technologies.From the conceptual point of view, Sudarsanam (2003) lists some(a) factors potentially contributing(prenominal) to successful alliancesEach part y should bring complimentary skills, capabilities and market to the allianceMarket overlap between partners should be minimal to avoid conflict of interestAlliance should be based on balance of business strength and ownership interest among partnersThe alliance must have a degree of self-sufficiency with strong leaders and continual commitment and supportThe alliance must build up trust and confidence between the partners and not depend tho contractual right and obligationsDivergence of management styles and corporate culture must be handled with sensitivity, and a new common style and culture distinct.Merger and skillMerger and acquisition is defined as the combination of two companies or firms to achieve certain strategic and business objectives forming a great significance work not only to the companies but also to many constituencies, such as share holder, workers, managers, competitors, communities as well as the economy as whole (Sudarsanam, 2003). Schoenberg (2003) notes that firms very much use mergers and acquisitions in order to achieve such diverse strategic goals , for example, increasing market power, expanding to new product markets or geographical territories, or gaining get at to valuable resources. From this point, even though it seems we can see that strategic alliance and mergers and acquistions have the similar purpose but we noticed that mergers and acquisitions whitethorn create some different change concerning the business, organization, ownership and legal status in the result company. Furthermore, Damodaran (2002) describes the edge of merger,consolidation, tender offer, acquisition and buy out as all part of merger and acquisition parlances, and a firm can be combined by another firm by 5 ways Mergers , when a derriere firm become part of acquiring firm and stockholder approval needed from both firms.integration, when target firm and acquiring firm become new firm and stockholder approval needed from both firms.Tender offer, when firm continues to exist, as long as there are dissident stockholders holding out. winning tender offers ultimately become mergers and no shareholder approval is needed.Acquisition of asset , when target firm remains as shell company, but its assets are transferred to the acquiring firm and ultimately target firm is liquidated.Buy Out, when target firm continues to exist but as a one-on-one business usually accomplished with tender offer.There are several and diverse motives for mergers and acquisitions, Johnson et al (2005) grouped under three headings. They are environment, strategic capability and expectationsEnvironment. The need to keep up with a changing environment can dominate thinking about acquisitions. Some major aspects which influenced the changing environment are the need of business speed, competitive situation and deregulation.Strategic capability. Achieving cost efficiency, developing innovation and learning organization are some reasons behind mergers and ac quisitions in many industries.Expectation. In some ways, stakeholders have highly expectation and interest to give insight for the growth of company. In this case, mergers and acquisition may be perceived by many stakeholders as a quick way to deliver companys growth.Mark and Mirvis (1993), from their research have summarized that one of the key success for establishing the desired combination between two companies is the assessment of two sides companys structures and cultures. They suggest that in mergers and acquisitions efforts, each party should be proactive in the pre combination phase planning and preparation are integral to success when companies join forces At least there are different aspects to be taken into account carefully in steering a combination toward the successful path purpose, partner, parameter and people. But it doesnt end up to the planning and preparation. The most important thing to be taken into account for achieving successful mergers and acquisitions is post-merger combination. All these efforts may foster to overcome the most commonly cited reasons for failures conflicting corporate cultures, over estimation of synergies, inadequate due diligence, slow/poor post-merger combination and poor leadership or management (McCarter, 2002)The DifferencesFrom the explanation about two kinds of non organic growth strategy above, we can note the main difference between strategic alliances and mergers and acquisitions. It can be said that creating strategic alliances is not as laborious as mergers and acquisitions. It is because of devising the mergers and acquisition work successfully is complicated process which involves not only putting two organizations together but also involves integrating people of two organizations with different cultures, attitudes and mindsets (Mallikarjunappa and Nayak, 2007). Meanwhile, in the strategic alliances, each company is still independent and it seems to need less effort in term of cost and time.Therefo re, Reuer (1999) differentiates alliances and merger and acquisitions in four dimensions which strategic alliances may be preferredInfeasibility acquisition may not be feasible for regulatory, political or legal reasons.Information asymmetry the partners have access to different information sets making it difficult to value their relative contributionsIndigestibility post mergers and acquisition integration of the acquirer and the acquired firms poses problems so severe as to prevent value creation from the acquisition. When indigestibility is substantial, alliances can be attractive because they allow companies to link their resources selectively. Even when acquired assets can be divested this alliance advantage remains.Strategic flexibility it is more important than commitment of the partners.Now, how we relate this conceptual background of those strategy into the idea of impelementing these to the microfinance industry. However, we should better know the two kind of institution al features of microfinance as explained below.Institutional Features MFIFs and MFI NGOsAs mentioned in the previous page, there are some players in the microfinance arena and they obviously have different characteristics. However, there are basically two main different characteristics in the discussion about players in microfinance industry, namelyfor profit or financially oriented, and non profit or socially oriented The financially oriented institution, mainly private enterprises/ companies, could be Microfinance Formal financial institutions (MFIF) such as bank and regulated MFI or non bank financial institution. Mean while the socially oriented institutions, most of them are NGOs.What makes different between two types of MFIs? It may be better to look at a table presented by Estallo et al (2006) indicating the differences between private enterprise and NGO types All these factors make different structure and culture of those two organizations. In the case of MFIs, another impo rtant distinctive feature between private MFIFs and MFI NGOs is concerning with the ownership. As Lauer (2008) stated that ownership structure is one of the critical issues to consider in the specific context of each type transformation of such institution. MFIs ownership structure encompasses the ensemble of mechanism by which stakeholders define and pursue the institution vision and mission and ensure its sustainability.Alliances or Merger and Acquisitions ?As whole, from the conceptual background section, we have seen that strategic alliances and mergers and acquisitions might have some similarities and some principally differences. In other section, we have also already known the main difference characteristics of the microfinance players. Then now it raises a question how does an MFI choose a choice between two?MFIF NGO AlliancesThere have been some evidences that alliances can do the collaborative firms or institution to expand its business. Strategic alliances are able to s cale up access to financial services in rural areas in term of the outreach to new clients and markets as well as the introduction of new products (Gallardo et al, 2006). Rondinelli and London (2003) noted that Alliances, in fact, may be the only option for companies provoke in accessing the knowledge held by (NGOs), since internal development of such expertise may be too costly, inefficient and time-consuming for most companies and merger with or acquisition of an (NGO) is highly unlikely. While Kramer and Kania (2006) also stated with a similar view that nonprofits often have much deeper comprehension to solve the social problems, which enables them to help companies determining comprehensive strategies and set more ambitious and goals. Strategic alliances are also important in the public sector as a means of addressing particular social outcomes (Johnson et al, 2005). This also could happen in the alliance MFIF-NGO.Dahan et al (2009) gives examples of MFIF NGO strategic allian ces. HSBC Amanah (HSBCs global Muslim banking division) has partnered with, an international development and relief organization, the Islamic Relief, to provide financial services to Muslims in accordance with Islamic Shariah law. Another example is In Dominica. MasterCard builds on an affinity card relationship with Banco prevalent Dominicano and Asociacion para el Desarrollo de Microempresas, Inc. (ADEMI), a micro and small-scale lender .This partnership is aimed at providing unbankable entrepreneurs using MasterCard-ADEMI- BancoPopular Dominicano credit cards to withdraw cash and to pay public utility company and other bills in order to support the micro entrepreneurs in Dominica to run their business.However, this does not close the possibility of the combination between MFIF and NGO in mergers form. For example, McCarter (2002), gives two mergers between MFIF with NGO. In Nicaragua, the Interfin, a licensed Nicaraguan financier, in January 2000 merged with NGO Mennonite Econom ic Development Associates (MEDA) Chispa microcredit program, forming Financiera Confia. Another example in Guatemala, there was a merger between Bancasol, a local commercial bank, with ACCION Internationals affiliate NGO to form Genesis. Meanwhile in 2007, Sonata, a start up MFI in Union India purchased of Jeevika Livelihood Support Organization to expand its microfinance operation (Tiwari and Chasnow, 2009).Mergers and Acquisitions between MFIF and MFIF or between NGO and NGOAs stated on the previous page, making the mergers and acquisition work is complicated process rather than strategic alliances, but this doesnt mean that this strategy is far away from success. Mergers and acquisitions can be used by MFIs to create new capability to survive and achieve significance growth.Mergers and acquisitions are not only about the combination between two organizations which merely based on financial aspect but also the structure and culture of two organizations combined. It takes much mor e energy, cost and time. It may be the similarity of structure and culture of organization used as a good starting point to think about mergers and acquisitions in the arena of non growth strategy of MFIs. So doing MFIF-MFIF merger or NGO-NGO mergers is more appropriate combination than creating strategic alliances. However, it doesnt mean that MFIF-MFIF strategic alliances cannot be implemented to reduce the competition tension. There are some examples mergers and acquisition in the microfinance industry around the world as summarized and showed in the annex of this paper.ConclusionAs the microfinance sector matures, non organic growth strategies mainly strategic alliances and mergers and acquisitions can be a choice for achieving rapid growth and expansion in microfinance. Of course, this effort actually is not easy to be implemented. But it is also not to say that making work such strategies is impossible to be realized.By analyzing the differences between two non organic growth strategies above as well as the different characteristics between MFIF and NGO, on the one hand we may conclude that strategic alliance will likely to be considered for both rather than mergers and acquisitions. However, this does not close the possibility of the combination between MFIF and NGO in mergers and acquisitions form. A strategic alliance between MFIF and NGOs is less effort in term of cost and time but still can result in the growth of the organization.On the other hand, mergers and acquisition can also be created for combining MFIF with MFIF or NGO with NGO. Some evidences showed that the similarity of the structure and culture of those organizations can be used as the good starting point to do mergers and acquisition. It is very important to be considered because mergers and acquisitions are not only about the marriage between two organizations which merely based on financial aspect but also the structure and culture of two organizations combined.One of the key success factors for the future microfinance non growth strategy should be based on the assessment of characteristics of the similarities and differences of organization (i.e structure and culture) before choosing strategic alliances or mergers and acquisitions strategy. For those microfinance organizations who intend to do a non growth organic strategy but both of them have highly different structure and culture, it may be a strategic alliance is more suitable to be created. But in the case, there are some similarities in term of organizations characteristics, merger and acquisition could be an option.REFERENCESDussauge, O, Garrette B and Mitchell W (1999) Learning from Competing Partners Outcomes and Duration of Scale and Link Alliances in Europe, North America and Asia, Strategic prudence Journal, vol. 21, pp. 99-126.Damodaran, A. (2002), Investment Valuation , Tools and techniques for determining the value of any asset (2nd ed) , John Wiley and Son, New York.Dalton, D.R., and Dalton, C atherine M. (2006). Corporate growth our advice to directors is to buy organic. Journal of Business strategy, Vol .27 No.2, pp. 5-7.Dahan, Nicholas. M., Doh.Jonathan.P, Oetzel.J.,and Yazji.M.,(2009), Corporate-NGO Collaboration co-creating new business models for developing markets, Long Range Planning.Estallo, Maria de L .A .G , Fuente., Fernando .G.D.L, and Miquela, C.G (2006), The Strategic Social Map of Nongovernmental Organization, International Advances in Economic Research, Vol.12 pp.105-114.Gallardo, J.,Goldberg,M. and Randhawa, B.,(2006), Strategic Alliances to Scale Up Financial Services in Rural Areas, World Bank Working Paper No.76, The World Bank, Washington D.C.Helms, Brigit. (2006), Access for All Building Inclusive Financial Systems, World Bank, Washington DC.Johnson, G., Scholes, K. and Whittington, R. (2005), Exploring Corporate Strategy. Text and Cases. Seventh Edition. Prentice Hall.Koza,M.P.,and Lewin A. (1998), The co-Evolution of Strategic Alliances, Organiza tion Science, Vol.9,pp 255-264.Kramer, M. and Kania, J.,(2006),A New Role for Non Profit , Stanford Social Innovation Review, Vol.4 No.1 pp.32-41.Lauer, K., (2008), Transforming NGO MFIs little Ownership Issues to Consider, CGAP Notes No.13.Marks.M.L, and Mirvis.P.L (1993), Making Mergers and Acquisitions Work Strategic and Psychological Preparation, Academy of Management Executive, Vol.15 no.2 pp.80-94.McCarter, E. (2002), Tying the Knot A Guide to Mergers in Microfinance , Catholic Relief Services.Mallikarjunappa, T., and Nayak,P., (2007) wherefore Do Mergers and Acquisitions Quite Often Fail? Association of Indian Management Scholars, Journal of Management , Vol.15 no.2 pp.80-94.Reuer,J.(1999), Collaborative strategy The Logic of Alliances , Financial Times, Mastering Strategy series part 2.Rondinelli. D.A, and London, T.,(2003), How Corporations and Enviromental Group Cooperate Assesing Sector Alliances and Collaborations, Academy of Management Executive, Vol.17 No.1 pp.62- 76.Sudarsanam. S., (2003). Creating Value from Mergers and Acquisitions The Challlenges, Prentice Hall, England.Schoenberg R.(2003). Mergers and acquisitions Motives, value creation, and implementation. Oxford University Press Oxford.Tiwari, A., and Chasnow.M.,(2009) ,A Closer Look at Consolidation The Sonata-Jeevika Acquisition, Center for Microfinance, Insitute for Financial Management and Research, Chennai, India.Zhiang (John) Li, Haibin.Yang and Bindu, A (2009), Alliance Partners and Firm Partnership Resource Complimentary and Status Association, Strategic Management Journal, Vol.30 No.9 pp 921-940.http//www.cgap.org/p/site/c/template.rc/1.26.1308/, Last accessed March 18, 2010

Developing Independence in Client with Disabilities

Developing Independence in Client with DisabilitiesCritical Perspective on Diversity innovationMandy, a 44-year-old female with moderate acquisition difficulty, epilepsy, and with a congenital deformity of her limbs has restricted mobility, and limited manual dexterity. Mandys condition has caused her to be cargond for by her pargonnts since she was born, with the excommunication of two incidents. Mandys father was soundly apprised, he managed to obtain for Mandy full service entitlement as intimately as a substantial payment from the freelance life sentence fund before he passed away. Mandys dumbfound is the primary caregiver, and the funds that her father set into get into before he died pays for her share of living expenses, food, medication, and related allowable expenses. Additionally, the m atomic number 53y that Mandy receives permits her to bedevil a carer visit the home for two hours, five days a week, to assist in succoring Mandys m some another(prenominal). T he carer assists in overhauling to move and wash Mandy as well as dress her and other tasks as a go away of the advancing age of Mandys mother, whose health is deteriorating.The loss of her mothers husband has left(a) her in a state of long term grieving, for which she has been taking anti-depressants as well as anti-inflammatory drugs. Mandys mother has always been thither for her, but she is approaching 60 old age of age. Over the years, Mandys mother has become rather uncompromising in her beliefs concerning what Mandy idler as well as cannot do. Mandy attends a respite care unit at a long stoppage infirmary and has informed her key worker she wants to leave home as things there possess become tense and Mandy does not get along with her mother presently as she did in the past, owing to her new condition.Mandys respite care is a short term break for patients from their caregivers as well as vice versa, whereby in Mandys positioning, she is away from home as opposed to so me angiotensin converting enzyme coming to the house (Rett Syndrome Association, 2006). Respite care is an official program that is a part of the matter Strategy for mete outrs that specifically is designed to provide carers with a break from devoting their time to the individual they look after, which is seen as an important component in maintaining a honorable relationship between the caregiver and the patient (Department of Health, 2007a). primitive Minister Tony Blair, in a forward to the National Strategy for Carers document stated The subject area schema for carers the first ever by a Government in Britain sets out what we have been doing, and what we are going to do. It offers practical help in ways which are needed, and which will work. Carers will have better information. They will be better supported. They will be cared for better themselves (Department of Health, 2007a). And while Mandys mother performs her care big(a) activities out of love for her daughter, the implication is clear. The publication for the government informs us that the important service rendered by carers is performed primarily by p helper caregivers, make foring three-fifths of the total number of hoi polloi that are looking after an individual with a stultification (Department of Health, 2007a).The publication states that women are more likely to be carers than males, and that without the United Kingdom there are over 855,000 individuals that care for someone over 50 hours a week, with over 5.7 million, representing one out of every six households (Department of Health, 2007a). In Mandys mothers case, it represents just the ten-hour break she gets on a weekly basis. Respite care is one of the initiatives under the program-implemented buy the government to provide assistance to carers. As mentioned, Mandy has told her key worker that she would like to leave home. Because Mandy attends a respite care unit, there are no cost implications as it is a part of the nationa l program under the National Strategy for Carers (Department of Health, 2007).Mandys disability allowance, as is the case with all societal care allotments, requires residency in the United Kingdom, as per the following requirements 1). That the applicant must normally be a resident in Great Britain, 2). The applicant must not be subject to in-migration control, 3). The applicant must be in Great Britain when making the claim, and lastly 4). That the applicant must have been in Great Britain, the Isle of Man, and either jersey and or Guernsey for at least 26 weeks of the last 52 weeks (Directgov, 2007a). As Mandy qualifies and has qualified under the preceding, her desire to change her circumstances from home back up living to a long stay hospital requires a local council measure outment (Directgov, 2007b). The preceding is a part of the regulations and requirements in exhibition for the local council to assess as well as work at the support the patient ask for such a change. As Mandy is culture impaired, and her mother has stated that she is the one who decides what Mandy can or cannot do, Mandy will be filing for the change in carers without the aid of her parent. The larn disability impairment makes the preceding a difficult marriage offer for Mandy to take on herself, thus she will need help. Her key worker at the respite care unit has offered to help Mandy and thus in order to do so, needs to contact the disabilities teams social worker that is assigned to Mandys case, or simply the disabilities team itself, as well as the Valuing People certification Team (Care function Improvement Partnership, 2007a).The Valuing People patronage Team was established by the government to address an unintended yet real concerns and problems faced by heap with learning disabilities attempting to either be their own voice, or to be heard in the social care transcription regarding their own personal desires and wishes (Department of Health, 2007b). Prime Minist er Tony Blair aptly sums up the purpose of the Valuing People patronise Team in stating that People with learning disabilities can find themselves pushed to the margins of our society as a result of unintentional circumstances in being able to find the right care, health service, education and other aspects (Department of Health, 2007b). He continued that At better they feel obstacles are constantly put in their way by society (Department of Health, 2007b). The foregoing is easy to understand when one realizes that an individual with a learning disability has problems in not only finding out things to help themselves, they have problems in completing the paperwork and other facets of the system that has been put there to help them, but in many instances in the past did not as a result of the gap between their learning disabilities and communicating their needs to the system without the help of family members or other parties who either might not desire them to take such an act ion or simply do not have the time to assist them in wading through the process (Department of Health, 2007b).The Department of Health describes muckle with learning disabilities as being the most vulnerable as well as socially excluded individuals in the British society (Department of Health, 2007b). In terms of social services, as well as other branches of governmental aid, individuals with learning disabilities faced, in the past, poorly coordinated services, poor planning, and most importantly they had little choice and or control over many aspects of their lives (Department of Health, 2007b). The publications continues that day services, the contact geological period for people with learning disabilities, were not tailored to the needs and abilities of the individual, the last point being abilities as the operative word in this instance. People with learning disabilities may be able, over a period of time, or instantly, to verbalise their wants, needs and desires, however, under a system with so many departments and layers, getting in touch with the right department represented a problem. Under the Valuing People Support Team they have a governmental agency that is their road act as well as navigator and operative arm to help them through the system as quickly as possible to the services they needs and or desire.If one thinks about it, the Valuing People Support Team also serves another highly important service, one of being in the position of patients accessing the system. by means of a governmental agency helping people to use the system their experiences will provide a wealth of feedback from cases via which to monitor the effectiveness of the entire spectrum of services offered and provided by the government in this area, and make recommendation that have power. This inside system handling of the problems of users of services through its cases is the ideal manner by which to not only put the system on its toes, it represents the perfect feed bac k mechanism via which to implement improvements and change.In Mandys case, this means the first break from one of her parents in her entire life. A prospect, if one is to put themselves in her shoes, that must seem quite intimidating and fearful, in that she has to put her trust in what can be termed as strangers to treat her as family and see to her best interests as her father did. The Valuing People Support Team operates under four key principles, which are 1), Rights, 2). Independence, 3). Choice, and 4). Inclusion as its operational foundation Department of Health, 2007b). Applying these to Mandys situation enables one to see the fit and vision of the preceding. The idea is to provide them with choices, thus liberal them control over their lives as opposed to being immersed in a society whereby their prospect of finding the appropriate services and or information is left to a well-informed carer such as Mandys father who waded through all of the necessary steps and information gathering processes to obtain the full benefit for his daughter. In terms of where Mandy is today, in desiring to take control over her life, she needs that same type of assistance, something that was difficult to find.In order to accomplish the objective of providing individuals with learning disabilities with the options to access the system in the manner in which it is intended to work, the Valuing People Support Team was established to function as a well-informed carer. In the instance of Mandy, the Valuing People Support Team white paper set forth that it understands and has been established to help learning disabled individuals to access housing and other services that fit their needs. In this instance it entails the shift of Mandy from home care assisted living to hospital stay assisted living. Acting in a real sense as her advocate, the Valuing People Support is there to walk Mandy through the maze of social services to aid her in the achievement of her objective. As per it s web pose, under the Care Services Improvement Partnership, the Valuing People Support Team is there to work with 1), Learning Disability Partnership Boards, 2), Local people and organizations, and 3), Government Departments (Care Services Improvement Partnership, 2007a). The Team 1) offers support as well as advice to people who want to and or are seeking to change services, 2) help people to get together for the purposes of talking and sharing ideas, 3) to listen to what people are saying, and 4) to feed this information back to the government to enable them to have the cultivate information from the users of the system so that things can be changed and improved for the better (Care Services Improvement Partnership, 2007a).In Mandys instance, the Valuing People Support Team as an advocacy department that has been specifically set up for patients with problems like herself (Care Services Improvement Partnership, 2007b).AdvocacyThe preceding represents the solution to Mandys prob lem, an advocate to listen to her concerns, advise her as to her options, obtain agreement from Mandy as to the direction she would thus like to take knowing and understanding her options, and then to take the appropriate action found upon the foregoing. The advocacy services segment of the Valuing People Support Team offers the following services 1) self advocacy to enable individuals to speak up for themselves, 2) citizen advocacy whereby people can get to know an individual that has a learning disability and thus be able to get their wishes understood as well as heard, and 3) a short term issue based or crisis advocacy whereby a person is usually paid to speak up for someone regarding a particular issue and or when that person is in a crisis (Care Services Improvement Partnership, 2007b). The Advocacy Toolkit was set up to aid individuals in waking through what this service offers and how it can help. In Mandys instance, she received the help of her key worker at the respite ca re unit to get her to the Valuing People Support Team, which is the same course of action that would have been taken by the disabilities team.The disabilities team would have also been able to aid and assist Mandy in the getting to her destination. These teams, disabilities, represent service groups in the individual councils that are positioned within the individual authorities, whose service parameters are limited, however, they are there to assist. A typical disabilities team web site indicates its purpose as being a point of contact regarding disabilities issues that affects young people from partner organizations and other agencies (connexions, 2007). It is in hind end to offer and provide medical particularist services to young people between the ages of 13 and 25 who have a statement of special education need. They function as well as offer a limited and tear down level specialist service in the pattern of the Valuing People Support Team that is on a lower level, yet in t he same vein. Specifically they offer 1) support as well as guidance to personal advisers concerning individual cases, 2) training to personal advisors concerning disability issues, 3) a direct service for young people that have complex needs, 4) an innovative working arrangement with partner organizations to help young people let out need as well as secure funding, 5) independent advice, along with guidance and information regarding local as well as national special needs provisions, 6) working with individuals as well as groups as advocates and brokers, 7) and provide access to other personal advisors whereby they can help to fulfill requirements as well as guidance as set by the government concerning young people that have a learning disability and or any other type of disability (connexions, 2007).The disabilities team would have not been able to assist Mandy in obtaining her objective of changing her carer, as a result of her age, but could have referred her to the Valuing Peo ple Support Team in order for Mandy to complete the process. Advocacy, as stated by Valuing People is that the governments purpose and aim in putting this service into place was to provide a range of independent advocacy services in each area that permits people with learning disabilities to be able to choose the service(s) that best meet and fulfill their needs. The independent nature of the advocacy services represents one of, if not its most important features and facets as it ensures rectitude on the part of the patient (Care Services Improvement Partnership, 2007b).In addition to advocacy services, the Valuing People Support Team handles many, many other services, including arrangement to place someone at an appropriate residence. Specifically, the Valuing People Support Team states that a long stay hospital does not represent a good place for people with learning disabilities to live in (Care Services Improvement Partnership, 2007c). This option for Mandy is closed as all lea rning disability patients at long stay hospitals were moved as of March 2006 (Care Services Improvement Partnership, 2007c). Thus, the Valuing People Support Team will need to work with Mandy to hear her needs, wants and desires and advise her on her options. Mandy could not be in better hands than these, as they oversee the full range of services that are available within the health care and social services system. The fact that the Valuing People Support Team oversees the full range of services under the health and social care makes it invaluable to patients as well as those seeking help for the first time. It represents a resource that aids all of the departments in getting the person to the right area quickly and keep off moving people around form service to service, and or having them call, hunt and become frustrated in obtaining the assistance and help that they need. .ConclusionMandys situation is in no way unique There are others that have either similar and or drastically different problems who need empowerment in order to avail themselves of assistance and help when either in trouble or seeking the right governmental services for their condition. The existence of the Valuing People Support Team would be helpful for an immigrant without papers under hospital care in finding out exactly what their options are in terms of support, aid and immigration as a result of a recent event that ended them in that position.Specifically, the case of a gentleman named Boris who arrived in England twenty years ago and never secured his papers. Having had a reversal in circumstances, Boris has been living illegally in England and would up in a hospital as a result of kidney failure. His circumstance in living in an unheated room at the rear of a commercial establishment was unsuitable for return to after his hospital incident that requires follow up care. And as a result of his status, housing options were not open. The Valuing People Support Team represents a resour ce to aid Boris and the hospital to help this individual.The Valuing People Support Team represents an important governmental resource to aid the citizens of the United Kingdom in wading through he extensive maze of services regulations and requirements that is the system of health and social services care. It is helping Mandy and countless others, and will be of aid to Boris as wellBibliographyCare Services Improvement Partnership (2007b) Advocacy. Retrieved on 1 whitethorn 2007 from http//valuingpeople.gov.uk/dynamic/valuingpeople61.jspCare Services Improvement Partnership (2007c) Long Stay Hospitals. Retrieved on 1 may 2007 from http//valuingpeople.gov.uk/dynamic/valuingpeople127.jspCare Services Improvement Partnership (2007) What is the Valuing People Support Team? Retrieved on 1 May 2007 from http//valuingpeople.gov.uk/dynamic/valuingpeople16.jspconnexions (2007) What is this service. Retrieved on 1 May 2007 from http//www.connexionsteesvalley.co.uk/practitioners/aboutus/dia bilities/Department of Health (2007a) National Strategy for Carers. Retrieved on 1 May 2007 from http//www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_4006522Department of Health (2007b) Valuing People. Retrieved on 1 May 2007 from http//www.archive.official-documents.co.uk/document/cm50/5086/5086.pdfDirectov (2007b) Care Homes and hospital. Retrieved on 1 May 2007 from http//www.direct.gov.uk/en/HealthAndWellBeing/HealthServices/CareHomes/DG_10031519Directgov (2007) Disability Living Allowance what else you need to know. Retrieved on 1 May 2007 from http//www.direct.gov.uk/en/DisabledPeople/FinancialSupport/DG_10012424Rett Syndrome Association (2006) Guidance score 1 Respite Care or Short Term Breaks. Retrieved on 1 May 2007 from http//www.rettsyndrome.org.uk/_downloads/respite_booklet.pdf

An Analysis of Political Elitism Essay -- Elitism Democracy Sociology

An Analysis of Political ElitismIt is favourable to cerebrate that the middle-class working individual, whether he or she be white collar or obscure collar, wields little political power except for during an election. It is also easy to think that we dont have true democracy political representation take by the quite a little, for the people, and controlled by these people. This is an ideology that is often worn out. Instead, these take representatives are controlled by political lites high-ranking political gladiators, the media, lobbyists, and, though it may not appear evident, big business. It is, in essence, commonly believed by most. Some reasons wherefore political lites at times dominate government and who these groups are impart be examined in this essay. Also, there entrust be an analysis of those who were political lites in Canada over the past centuries. Also, some new discoveries may be turned up that service us have a better understanding of this elitism. Fina lly, we will discuss if interest groups and minorities have real political power, or perhaps they are serious given token compensation. Hopefully, by the end of this essay, there will be a better understanding of who really has political power in Canada.though this paper is an analysis of elitism, we must also dissect the fancy of democracy. Needless to say, without democracy in a political system, elitism would not exist. Democracy was a supposition developed by the Greeks and the Romans during the classical period. It comes from the Greek word demos, which sum the people and kratien, which means to rule. In essence, democracy is a nations people rule themselves through elected representatives. Funk and Wagnalls Encyclopedia reminds us of an important point though. Though the words democracy and republic are used unneurotic universally, they are definitely not the same thing. For instance, Canada is defined as a constitutional monarchy. It is not a republic, yet, we use a demo cratic system. Another is china, whos official title is The Peoples Republic of China yet, China is far from democratic. Furthermore, democracy is seen as ambiguous. Democracy is not only a impression on which our great nation is based, but it is also a source for which government can use its authority, and it is also a process. This is where elitism is spawned. Elitism can be seen, from a certain point of view, as ... ...oronto Key Porter Books Ltd., 1994.Dunn, Christopher. Canadian Political Debates. initiatory ed Toronto McClelland & Stewart Inc., 1995.Filemyr, Anne. Conflict and Mainstream Reporting. Canadian Business and Canadian Affairs. 28.3 (August, 1996) 97-101.Francis, Diane. Controlling rice beer Who Owns Canada? 2nd ed. Toronto Scorpio Publishing Ltd., 1986.Funk & Wagnalls. Democracy Funk & Wagnalls freshly Encyclopedia. 4th ed. New York Funk & Wagnalls, Inc., 1983.Guy, James John. How we are Governed The Basics of Canadian Politics and Government. 1st ed. Toronto H arcourt Brace & Company Canada, Ltd, 1995.Jackson, Robert J. Jackson, Doreen. Politics in Canada. 4th ed. Scarborough, Ontario Prentice-Hall Canada Inc., 1998. garner to the CBC ombudsman from the Prime Ministers Office. Dated October 16, 1998. (www.tv.cbc.ca/cgi-bin/extlnk.cgi?/national/pgminfo/apec/pmo2.html)Penguin Books. The Penguin Dictionary of Sociology. 2nd ed. capital of the United Kingdom Penguin Books Ltd., 1994.Van Loon, Richard J. Whittington, Michael S. The Canadian Political System Environment, Structure and Process. third rd. Toronto McGraw-Hill Ryerson Publishing Ltd., 1981. An Analysis of Political Elitism Essay -- Elitism Democracy Sociology An Analysis of Political ElitismIt is easy to believe that the middle-class working individual, whether he or she be white collar or blue collar, wields little political power except for during an election. It is also easy to think that we dont have true democracy political representation elected by the people , for the people, and controlled by these people. This is an ideology that is often worn out. Instead, these elected representatives are controlled by political lites high-ranking political gladiators, the media, lobbyists, and, though it may not seem evident, big business. It is, in essence, commonly believed by most. Some reasons why political lites at times dominate government and who these groups are will be examined in this essay. Also, there will be an analysis of those who were political lites in Canada over the past centuries. Also, some new discoveries may be turned up that help us have a better understanding of this elitism. Finally, we will discuss if interest groups and minorities have real political power, or perhaps they are just given token compensation. Hopefully, by the end of this essay, there will be a better understanding of who really has political power in Canada.Though this paper is an analysis of elitism, we must also dissect the concept of democracy. Needles s to say, without democracy in a political system, elitism would not exist. Democracy was a concept developed by the Greeks and the Romans during the classical period. It comes from the Greek word demos, which means the people and kratien, which means to rule. In essence, democracy is a nations people rule themselves through elected representatives. Funk and Wagnalls Encyclopedia reminds us of an important point though. Though the words democracy and republic are used together universally, they are definitely not the same thing. For instance, Canada is defined as a constitutional monarchy. It is not a republic, yet, we use a democratic system. Another is China, whos official title is The Peoples Republic of China yet, China is far from democratic. Furthermore, democracy is seen as ambiguous. Democracy is not only a concept on which our great nation is based, but it is also a source for which government can use its authority, and it is also a process. This is where elitism is spawned . Elitism can be seen, from a certain point of view, as ... ...oronto Key Porter Books Ltd., 1994.Dunn, Christopher. Canadian Political Debates. 1st ed Toronto McClelland & Stewart Inc., 1995.Filemyr, Anne. Conflict and Mainstream Reporting. Canadian Business and Canadian Affairs. 28.3 (August, 1996) 97-101.Francis, Diane. Controlling Interest Who Owns Canada? 2nd ed. Toronto Scorpio Publishing Ltd., 1986.Funk & Wagnalls. Democracy Funk & Wagnalls New Encyclopedia. 4th ed. New York Funk & Wagnalls, Inc., 1983.Guy, James John. How we are Governed The Basics of Canadian Politics and Government. 1st ed. Toronto Harcourt Brace & Company Canada, Ltd, 1995.Jackson, Robert J. Jackson, Doreen. Politics in Canada. 4th ed. Scarborough, Ontario Prentice-Hall Canada Inc., 1998.Letter to the CBC ombudsman from the Prime Ministers Office. Dated October 16, 1998. (www.tv.cbc.ca/cgi-bin/extlnk.cgi?/national/pgminfo/apec/pmo2.html)Penguin Books. The Penguin Dictionary of Sociology. 2nd ed. London P enguin Books Ltd., 1994.Van Loon, Richard J. Whittington, Michael S. The Canadian Political System Environment, Structure and Process. 3rd rd. Toronto McGraw-Hill Ryerson Publishing Ltd., 1981.

Scarlet Letter, Pearl :: essays research papers

The Scarlet earn is a novel written by Nathaniel Hawthorne. The plot focuses on sin in the Puritan society. Hester Prynne, the protagonist, has an affair with Reverend Dimmesdale, which mean they are adulterers and sinners. As a result, Pearl is born and Hester is forced to where the blood-red letter. Pearl is a unique character. She is Hesters human form of her scarlet letter, which ever reminds her of her sin, yet at the same time, Pearl is a blessing to have since she represents the passion that Hester once had. Pearl is Hesters human form of her scarlet letter both she and the scarlet letter constantly remind Hester of her sin of adultery. Pearl is the result of Hesters adultery therefore she has a strong connection with the scarlet letter. As a young girl, Pearl had always had a fascination and obsession with her returns scarlet letter. For example In the forest stab when Hester takes off the Scarlet letter, Pearl becomes frantically disturbed and wont quiet down until He ster has it back on her dress, as if by discarding the letter Hester has cast away Pearl, (Johnson A Literary Analysis of The Scarlet Letter, pg.1). The scarlet letter is a part of Hester, as is Pearl, if Hester removes the letter, she also disowns Pearl. The only way Pearl recognize her mother is when she has the letter on. Hester dresses Pearl in red so she can represent her scarlet letter. In the chapter, The Governors Hall, Pearl was described The childs whole appearance reminded the beholder of the token which Hester Prynne was doomed to wear upon her bosom. It was the scarlet letter in another form the scarlet letter endowed with behavior (The Scarlet Letter, pg. 103 Johnson Understanding The Scarlet Letter pg.1). Although Pearl is looked at as the result of Hesters sin, she is a blessing to her mother as well. Her name, Pearl, is fitting because of what she factor to Hester. For instance Hester names herPearl because she has come to great price, and Hester believed that Pe arl is her only reason for living, (Johnson Understanding The Scarlet Letter pg.1). Pearl motivates her mother to keep on going when she is tempted to give up. In the novel, Mistress Hibbins asks Hester to join her in a witches gathering, but she declines saying if she had lost Pearl, she would have gone.