Endeavour Journal Essay

This tour followed close upon the visit of the expedition on Tahiti to observe the transit of Venus. On 8 June 1769 the transit of Venus was successfully observed from three divergent points. After fulfilling his mission on Tahiti Cook resumed his voyage to fulfil the confinement given to him secretly by the Royal Society. On 7 kinfolk 1769 the Endeavour reached sassy Zea democracy, which had never been visited by any European after Abel Janszoon Tasman had discovered it on 13 December 1642. Tasmans check mark at New Zealand was not successful in the means of its discovery.No work had been done between the native Maori and Tasmans crew. The first discovery by the Dutch businessmen Tasman was only if the western coastline of New Zealand, which had been mapped afterwards. The first seven-spot long time of the daybook had been taking place at Cannibals Cove where the HMS Endeavour anchored for rough twenty-three geezerhood. James Cook has given the name after he had an bru shing with endemical tidy sum, which will be describe in the following. During the stay Joseph Banks refers to several encounter with indigenous nation of New Zealand.He describes the conduct and findings in a large extend. As an example he describes the encounter of members of HMS Endeavours crew and a double canoe. They set about been told that the indigenous raft lost a female child that according to their account had been stole and eat by some of their neighbours. Another group of crewmembers describe that they guard met great deal who told them that they ate a child the day before. As a result of these stories Banks describes the conclusions of the crew as thefts of this kind are commons for those Indians.Afterwards he tries to analyse and evaluate these stories. He assumes that the crewmembers met the same people and interpreted the stories differently which have been told by the indigenous people. Nevertheless he does not exclude this either, since families that cam e of to the ship often brought women and young children in build up as if they were afraid to leave them behind. Banks interest in the indigenous people of New Zealand can also be illustrated by his encounter of an Indian family. He describes them as being affable, obliging and unsuspicious and observed any order or subordination.By making known his regret of not being able to stay with the family for one night his interest in people and their behaviour can be seen. On the following days Banks describes how the exploration of the Cook Straits took place. The officers spread their thought that the land they have been round cogency be an isthmus that is between their current bureau (Cook Strait) and the Cape Turnagain, which they have last seen 17 October 1969. To confirm this Cook tenacious the crew to sail northward until the cape could be seen.Whilst sailing in this direction HMS Endeavour came across indigenous people which in Banks journal entries are described as richer and more cleanly than any people they have seen since their stay at the Bay of Islands 3 November 1769. This makes him believe that they might have met subordinates of the Dominions of Teratu. As it turned out they were not this kind of people and thus they had to go on sailing northward looking for a well-known part of New Zealand. On 9 February 1770 an important discovery had been made.Cape Turnagain came back into sight, which proved that the land, they had been visiting, is an island. Besides Banks depictions of the exploration of New Zealand and the translation of the indigenous people in huge detail he described Albatrosses and other animals to a small extend. His task as botanist plays a minor part during these days. By shooting Albatrosses as often as possible he tries to nourish the crew with fresh meat. The last four-spot days of the journal at hand take place at the east coast of the future southern island of New Zealand. On 16 February 1770 Banks reports the sighting of a new island.This island will be later called Bankss Island according to the chart of New Zealand based on Cooks mapping. The fact that this is not an island but rather part of the southern island of New Zealand will be unknown for the rest of the journey. This error happened because Captain conjuring trick pierce believed that he saw land in south eastwards direction. To pursue this Cook decided to follow this direction and validate Gores assumption so that nobody should say he had leftover land behind unsought. On 18 February 1770 Banks states that no land could be found and the voyage will continue in western direction.In the journals last entry Banks describes the discovery of land that might be either part of the New Zealand or the beginning of the southern island, which they have long yearned for. What can be seen in this part of the journal is the individual(prenominal) conflict of Banks. Intelligence obtained by the Indians during their last anchoring stop tells them th at this might only be an island, nevertheless Banks does not want to let go of the sloshed hopes that we had at last completed our wishes and that this was absolutely a part of the southerly continent.The journal at hand includes without limitation information on the discovery of the Cook Strait and exploration of New Zealand. The subsequent days of the journey will clarify if the land they have spotted is either part of the southern continent or an island on its own. Nevertheless an ending of this journey so far is a detailed map of blue New Zealand and the discovery of the isthmus between the northern island and the southern part. The spirit of this journal is a very objective description of the happenings during the voyage.

Global Marketing Chapter 1 Notes

Chapter 1 Global selling refers to merchandise activities that take couch across national borders and outside of the firms home coarse Involvement in world(prenominal) selling does not mean that a firm must sell its products in every country or region of the world Coordination and integration of marketing strategy with an emphasis on standardization are central tenet of GM Evolution of the conceptDomestic marketing International sales are incidental to marketing strategy Multidomestic marketing unique strategy for each country market Global marketing Focus now on standardization and spheric segments Local marketing Standardization but with a point on the needs of topical anaesthetic customers Glocal market placeing reflects the need for balance among global marketing, with a focus on standardization, and local marketing, with its focus on adaptation to country differences GlobalizationGlobalization refers to the increase integration of the worlds economies. Ongoing gl obal scientific vicissitude in marketing has direct effect on the efficiency and specialty of all transmission line activities. Globalization reflects a business orientation base on the belief that the world is becoming more homogeneous and that distinctions between national markets are not only fading but, for some products, pass on eventually disappear. Forms of globalisation Globalization of markets vs. Globalization of production Drivers of Globalization Market factors convergence of markets, diffusion of telecommunication & internet. Growing of retailers are now screening great flexibility in their strategies for entering new geographic markets * salute factors avoiding cost inefficiencies and duplication of effort are two of the most decently globalization drivers. Economies of scale refers to the reduction in per unit cost of production. Economies of circumstance refers to reduced cost per unit as the firm spreads its total be over a large number of brands, pro duct lines, or commit markets. Environmental factors government barriers meet fallen dramatically in the extend several years and this has further facilitated the globalization of markets and the activities of marketers within them. Rapid technological evolution is contributing to the process. * Competitive factors to remain hawkish, the marketer may have to be the first to do something or to be able to tick off or pre-empt competitors moves. Without a global network, a marketer may run the risk of seeing carefully researched ideas picked off by global players.Market presence may be necessary to execute global strategies and to prevent others from having undue advantage in unchallenged markets. The anti-globalization movement The globalization trend has drawn its fair share of critics over the years. Anti-globalists have denotative concerns about the impact of the trend on the poor, the environment, and on national sovereignty. umpteen anti-globalization protests have turn ed violent in the past Opportunities and challenges in global marketingThe growth of global business activities offers increased opportunities. International activities can be crucial to a firms survival and growth. By transferring intimacy around the globe, an international firm can build and strengthen its competitive position. What is needed is an awareness of global developments, an understanding of their meaning, and a development of capabilities to pose to change. Willing or unwilling, firms are becoming participants in global business affairs.

Hrm- Evaluation of Training

supranational enquiry ledger of finance and Economics ISSN 1450-2887 retail store 37 (2010) EuroJournals Publishing, Inc. 2010 http//www. eurojournals. com/finance. htm Methods of paygrade raising Techniques Mahmoud M. AL-Ajlouni Assistant Professor, Deptt. of Business Administration Irbid National University, Irbid Jordan E-mail emailprotected com salaah M. H Athamneh Assistant Professor, Deptt. Humanities Jordan University of Science and technology Irbid, Jordan Abdulnaser A.Jaradat Assistant Professor, Deptt. of trade Irbid National University, Irbid, Jordan Abstract The Evaluation of either fostering political platform has certain(p) aims to fulfill. These atomic number 18 interested with the determination of limiting in the brass sectional bearing and the flip guideed in the presidential termal structure. so paygrade of each cultivation program must(prenominal)(prenominal)(prenominal) asseverate us whether the instruction computer create by mental a ct has been able to deliver the goals and endeavors in foothold of cost incurred and benefits achieved.The analysis of the instruction is the concluding part of either paygrade programme. The analysis of selective information should be summarized and then comp atomic number 18d with the data of different reproduction programmes same nature. On the radix of these comparisons, problems and strength should be identify which would help the flight simulator in this incoming rearing programmes, to stop short of completion of the homework systems design mannerology, by avoiding the evaluation,our encyclopaedism strength is reneging on our commitment to our students.The in store(predicate) requires much precise, good evaluation strategies, we worry to think of instruct goodness evaluation in the aforementioned(prenominal) way that we think of surveillance tests in the plant, we get along culture effectiveness evaluations to ensure our programmes work effectively. Keywords Training Programme, On the- patronage-Training, Off-the-Job-Training, Training Techniques,Evaluation Methods. IntroductionIn the fresh computer era tuition has gained the reputation of propellent concept which postulate to be understood in that perspective more or less of the modern disposal which do non respond to the dynamic c been that be seen in changed environment may keep outly fail to respond to the call for of governance and plurality. Hence government activity virtually take to aspire to respond to the change in the environment. supranational query Journal of Finance and Economics exit 37 (2010) 57 These changes may be concerned with organisational or individualistic behavior may be concerned with the structural change.Training is unitary of most important and effective substance of bringing about change in an ecesis. Training is system which feed the inevitably. Skills. And cognition of the pile on the job(p) in the government activity these skills and tell apartledge argon acquired to fulfill a influence intend or goal. Concept of Training Training has been defined by a number of scholars and trainers like Change instruments. or so of the definitions be as follows According to Fllippo the act of change magnitude the skills of an employee for doing a particular Job deal be termed as study. Similarly Steinmetz has observed. Training is a term do utilizing a systematic and organized procedure by which non- personnel learns technical k straight offledge and skills for a definite purpose. 2 From the above definitions it merchant ship take a firm stand train is a technique concerned with the development of skills and knowledge in particular actor discipline. Training enhances and improves persons skills. Imparts knowledge to change persons attitudes and appraises towards a particular direction. William G. Torpey has defined learning as the process of developing skills. Habits.Knowledge and attitudes in employees for the purpose of increasing effectiveness of employees in their present government positions as sound as preparing employees for future government positions. 3 The above definition of study is base on assumption that all learn is non necessary and all genteelness is not beneficial. Training is a technique which by rights focuses and direct towards the act of particular goals and objectives of the organization. Hence identification of training unavoidably is graduation and in all probability the most important step towards the identification of training techniques.The process of identifying training packs is c atomic number 18 affluenty thought out programme that needs to be carried out with sensitivity because success of a training programme may be crucial for the survival of the organization. Objectives of training must be fixed to pave way for the assertion of meet techniques of training. Training is imparted to good deal in organization with certain defined objectives and goals. However it must be remembered that the goals and objectives of organization differ to a great extent. Hence the defined objectives of a training programme should be assessed in the light of the goals of that organization.In 1944. Assheton Committee verbalise the objectives of training in the following manner 4 (a) It endeavors to produce a well-mannered servant whose precision and clarity in the transaction of business brook be interpreted for granted. (b) It helps attuning the civil servant to the task he is called upon to perform in a changing world. It in early(a) words helps him to dress his outlook and methods to the changing needs of sensitiveborn times. (c) It saves the civil servant from congruous a robot like mechanically perfect civil servant. He is made aware of his work and the service that he is required to picture to his community. d) It not unaccompanied enables an individual to perform his current work more efficiently but to a fault fits him for other duties. It develops in him capacity for high work and greater responsibilities. (e) It pays substantial moot to staff moral as latter film to perform tasks of a routine character passim their lives. Bhagwan and Bhushan have also identify the following objectives of training 5 (a) For the surgery certain peculiar activities pertaining to the government training plays a signifi evictt part. 58International look into Journal of Finance and Economics Issue 37 (2010) (b) Training helps the employees to constitute nation oriented and inculcates in them respect and regard for general public. (c) It broadens the plenty and widens the outlook of the employees by explaining to them to make substantial contribution towards realization. (d) It is vital to a career service. It lists them for advancement which is assured to the employees when they join the government service at young age. (e) It improves the lone and adds to the quality of organization.Since it enhances the efficiency of the employees and develops their capacities. The efficiency and prestige of the plane section goes up. (f) It fosters homogeneity of out look and esprit de crops in the employees. Identification of Training ineluctably Training is a specialized function. Hence trainer must know exactly what is required from the training programme in accordance to the identified tools framework techniques processes are identified in designing and implementing efficient effective timely and productive training programmes for those who require it.Training needs also delineate the nature of training program. Formulation of training program includes those operators that are associate to the evaluation of the program in terms of techniques and skills kinda a little be properly considered. Any training program must take into consideration 3 fundamental behavioral aspectsOrganization, people, and environment as remote-off as organization are concerned their survival res ts on a certain marginal work of goals and objectives which are pre defined to customers owners. Employees. etc. ll these factors are continuously interacting with the organization whose objectives and goals have been formulated so to benefit the members of the organization intermittently The endorsement assumption that needs to taken into consideration is the fact that these objectives back end be achieved only through harnessing the abilities of its people. Releasing potential and maximizing opportunities for development. In others words. The accomplishment of objectives and goals ass be effectively and effectively achieved only if people inside the organization possess adequate skills and abilities.If they do not possess the skills and abilities required. the objectives and goals domiciliatenot be achieved effectively and effectively achieved only if they do not possess the skills and abilities. if they do not possess the skills and abilities required. The objectives and g oals tooshienot be achieved effectively and efficiently. Hence proper legal opinion of the abilities and skills of the employees must be considered before every training programme is be formulated . The triad assumption is to assess the capability potential of the employees. The people who are engaged in the accomplishment of goals and objectives.In the new perspective, are fitted of new learning. If the employees do not possess the required potential to adapt themselves to the new environment. The chances of training programs world a success tender be doubtful. The fourth assumption about people is concernd with the train of ability and the craving to learn. Training is all about learning. learning organization fundamentalally involves people who make or break organization. the organization should be able to digest adequate opportunities and resources where people are able to learn through training new concepts. nd techniques of management. the assumption is also concer ned with matching of achieving organizational goals on one hand and on the other providing attractive learning opportunities. the third assumption basalally requires that the programmers of training should be so intentional so as to provide learning opportunities that are effective and efficient. the objective of training is fulfill the individual needs of the employees and that of the organization as well . The fifth assumption is concerned with the environment variable. In a dynamic situation.Environment continues to put new pressures and demands upon the system even if it is for survival only. Because of liberalization, competition has render severe and public domain as well cloistered sector has to compete with each other in order to stay a viable entity. Hence changes in the environment can International seek Journal of Finance and Economics Issue 37 (2010) 59 no more be overlooked but need to understood and capable to. The need for training, therefore, becomes inevitab le. Once it is established that need for training is a necessity. The nous arises what type of training is required to meet the three challenges.another(prenominal) important school principal that comes to mind is whether the training programmed is able to change the pattern of behavior for which it was happy and how effectiveness is will be measured. Before proveing venous types of techniques of evaluation. A close look at various types of training methods will be locked into. With regard to people working in the organization needs and aspiration of the people must be properly evaluated. Specification of training needs delegacy translating the needs of people into specific needs and achieving those aspirations by training programmers.Basic radical behind this evaluation is to make organization learning organization. According to Senge. Where people continually expand their capacity to require results they truly desire. Where new and elevated paupers are nurtured. Where coll ective aspiration is set free. And where people are continually learning how to learn together. 6 Factors Influencing Training Needs Organizations are hard and dynamic in nature and their effectiveness depends on number of factors. complexity of organization is again a multi impudenceted implication of various factors being chequerd by various environmental factors.Hence the nature of complexity of a given organization needs to be evaluated before determining its training needs. Some of the factors that increase complexity are being discussed keeping in view that all are not determinants of complexity for all organization. employ science in the computer age is being upgraded frequently and hence is the most important factors in increasing the complexity of an organization .. structurally as well as behaviorally. According of Frances and Bee. Technology is changing an ever increasing rate. Todays state of-the-art computer is tomorrows junk. Robot assembly pants.Laser printers. channel and genetic surgery wherever the work shopping centre whatever the task. in that respect appears to be a technological solution for e very(prenominal)thing. 7 The technological changes are influencing the basic settings of organization. The technological changes are not only concerned with the structure or gadgets of an organization but these changes also influence the behavioral aspect of the very people who are working in the organization. However people do not usually change in technology and its environment. Change can be brought about in a smooth manner only through training techniques.Another important factor that needs to be taken into consideration is concerned with social changes that are taking place in the new social environment. For most organization internal compilations are coast to change in the computer age. People from different backgrounds, women. People from several(a) nations will from the work coerce of modern organizations. With increasing diversity in the culture. The organizations are bound to receive culture shock. Organization with their exiting format will not be in position to absorb this culture shock.The change agent will be playing an important type in providing conquer training to absorb culture shock. The third factor that has influenced training needs is link the new role that the government are being asked to play. The governments are being asked to play sensitive role of controlling the business ethical activities on one hand and safeguarding the interests of consumer on the other. In the era of privatization and globalization. The governments are formulating legislation to facilitate business activity some(prenominal) public and nonpublic as well as safeguarding the consumer interest. indeed managers and CEOs need to be acquainted to the new legislation that are being enacted from time to time. The fourth factor that has influenced the training needs is the emerging competitive market Conditions. It may be asseverate that the public and private sector, even in monopolistic conditions. Have to flavor competition. The pertinent drumhead is whether the new market situation will violence the 60 International Research Journal of Finance and Economics Issue 37 (2010) organization to go in for training as they are going to face new marketing situations in the times to come.Will the new emerging conditions give rise to pressure separates that have henceforth not been seen in the business world. Basically organizations are going to face situations that are the result of competitive markets and development of consumerism. Many of the managers in the public and private sector could not possibly have been oriented towards these new situations. Hence need f training is unavoidable. The fifth factor influencing the training needs related to internal management of an organization. Internally organizations are going to face new dilemmas and problems.Business needs are fulfilled by the human re sources that experience within the framework of internal structure. Any strategic plan which does not take this fact into account is bound to face numerous problems. There will be a continuous pressure on the organization to improve functioning. Human resources, like managers, workers, staff, and others, have to be kept up to date in expertise and at the same times need to be motivated to perform better. This is a difficult task which cannot be handled by the staff of the organization. Experts called change agents are required to fulfill the task.Training needs cannot be overlooked because it is an on going process. In addition. Training is now considered a specialized function to be performed by the experts. Techniques of Training The object of this paper is not to discuss various techniques of training. Hence training techniques are being short listed for the purpose of their identification for evaluation purpose. However we would like to throw light on some of modern techniques of training. Some of the training techniques that are often use for reeducation purpose are 1. On the-job- training. 2. Demonstration. 3. Job instruction training. 4. Vestibule training. 5.Apprenticeship. 6. Coaching Understudy. 7. Job rotation. 8. Lectures and conferences. 9. Syndicate. 10. Simulation training. 11. Role playing. 12. in-basket exercise. 13. Management game. 14. Sensitivity training. 15. Transactional analysis. 16. Organization development. A detailed discussion of these techniques can be referred to many another(prenominal) text books. 8 Here we would like to discuss some of the training techniques that are considered by the experts as essential for improving the instruction execution of organization in competitive situations. Diversity training is comely extremely important for the organizations that are complex in nature.The work fierceness of these enterprises is divers in nature. Various diverse group from different cultural and social background join one institution and thus submersion various cultural into one. The diverse work force has to be proficient so as to provide some from of commonality. Various methods are adopt to provide diversity training. According to Fred Luthans one method of divers training involves putting trainees into groups ground on ethnic origin. Then each group is asked to describe the others and listen to the way its own group is described. 9 Another methods of diversity training has been stated in the following manner.International Research Journal of Finance and Economics Issue 37 (2010) 61 Another astray utilize approach is diversity board games. Which require the players to function questions related to areas such(prenominal) as gender. Race cultural differences. Age issues. Sexual orientation. And disabilities. On the basis of the response, the games players are able to advance on the board or are forced to back up. 10 The objectives of theses types of games are to acquaint the players in a no n threatening manner with legal rules and restrictions regarding how to manage members of the diverse groups.The third method of divers training concerned with participant focus on cultural issues such how to interact with personal from other countries. It may be added that many of the training programmers related to divers work force also use other training programmes. 11 Methods of Evaluation of Training Programmes It is extremely important to assess the result of any training programme. The participant must be made aware of the goals and objectives of the training program and on completion of the training program, they should be asked about the push of the concerned training programme.Evaluation of any program is a difficult task and more so of a training program. The outset step toward evaluation of a training program is to define the goals and objectives of the training program. These goals and objectives should be stated in such format so that they can be measured statistica lly. Also both the trainer and the trainees most be well acquainted with there role in the training programme. In the evaluation of any training program. The first requirement is to collect valid and accepted data. The required data can be unruffled by using the fowling techniques. 2 1. egotism judicial decisions behave sheets. 2. Question confronted by the trainees. 3. Assessing the compile study and observation. 4. Final result based on earlier information plus the new data all(prenominal) method of data collection has its advantages and disadvantages. Which need to taken into consideration. The merits and demerits of each method are as follows. Merits of Self Assessment 1. 2. 3. 4. 5. 6. The cost factor is quite low. Data can easily collected. Time consumption of the trainer and trainee is negligible. later-school(prenominal) interference is completely avoided.Effective relationships develop between the trainee. Well intentional answer sheet can produce healthy results . Demerits of Self Assessment 1. Self assessment is basically self evaluation which can be based of biased responses. The assessment must have enough reliability so as to draw right conclusion in regard to individual assessment. 2. The responses given by the trainees can be based on thaumaturgy or misinterpretation of the questions asked. Thus self assessment questions should be gauzy and well-heeled to understand . in addition . no information should be sleeked which will embarrass the trainees. . The information provided by the trainees cannot be evaluated in terms of their correctness. solely the trainees do not prefer to give the required information lest it may be used against at any point of time. All these problems can be easily solved. Self assessment is basically adhered to by all the training programs. However what is important to consider is to make proper effective use of this 62 International Research Journal of Finance and Economics Issue 37 (2010) technique as t he trainees provide valuable information which the trainer can use to formulate training strategy.The mo requirement for evaluating a training programme is concerned with the evaluation of the training programme when part of the training programme has been completed. The time factor must be decided before the programme is initiated and the evaluation criteria must be determined before the training programme begins. The first evaluation will give adequate information to the trainers whither the programme moving toward write direction. At the same time trainees will be able to assess the value of the program in terms of its needs and usefulness.It is extremely important to authorize whether the trainees have understood the need and importance of the training programme. As this arcdegree adequate data should be collected from the trainees to make proper evaluation of the training programme. The collect data, audience and questionnaire methods can be most effective. Interviews can b e conducted by seeking information face to face, by means of telephone, or by other strategies like group discussions etc. each of these methods has its own merits and demerits. Merits of Interviews 1. Face to face hearings ensures some response. If any responses need to be clarified.The trainer can do so instantly. Similarly if the trainees want any clarification, the same can do immediately. This helps in ensuring correct information. 2. As far telephone interviews are concerned though there is lack of personnel touch. The trainee does not feel the pressure of the interviewer to give answers that suit the trainer. The trainer can answer all those question that are complex in nature. These answers have far more rigourousness as the responses are without any pressure. Demerits of Interviews 1. The interview is a lengthy and costly process as it requires trained and skilled personal to get results that are reliable. . Another important drawback is the possibility of the trainer be ing involved in the interview. 3. Data collected through interview methods may be out of date and hence difficult to interpret. Merits and Demerits of Questionnaire Questionnaires in one form or another do appear in all kinds of research and surveys. Hence it is extremely vital that the questionnaire is framed with last-place care so that it measures the variable in exactly the way it has been designed for. Once the initial design has been properly framed, a pre _ test must be conducted to find out whether the questions mean the same thing to the trainer and the trainee.If plant inappropriate, the questionnaire should be redesigned and a pilot survey should be conducted. If found appropriate. Full survey should be conducted and if found inappropriate the questionnaire should be redesigned again. The reliability and validity of the questionnaire should be properly evaluated before going in for full survey. In regard to collection of data. It may be observed,As with any method of d ata collection it is vital to plan how the data is to be collected. However with this method, since it does not usually involve the design of some kind of formal survey instrument such as questionnaire.It is all to easy to leap straight in without a plan. This can lead to a considerable waste of time and without a plan. This can lead to a considerable waste of time and even worse the wrong data being collected-so the message is plan and design your desk research in the same way as you would any more formal survey. 13 Thus whatever technique or method we adopt, the validity and reliability of data must be determined. As a matter of fact the trainer must look at three factors to determine the reliability and validity of the collected data. According to Frances and bee, three key aspects must be considered in any evaluation study.These key aspects are as follows. International Research Journal of Finance and Economics Issue 37 (2010) 63 The first factor is concerned with the interna l stability of an evaluation study. It is concerned with how well the study measures what we want or are aiming to find out. This usually involves the enough and appropriateness of the measuring tool. The instrument, used. What needs to be considered is that whatever instruments we use for the purpose of collecting data, we must make sure that the terminology being used actually measures the variable that we intend to measure.Whether the instrument be interview or questionnaire, the terms must elicit the kind of information that is required. The second factor is concerned with the external validity. It is concerned with the extent that the findings can be applied bevond the group involved in the study. The conclusions drawn on the basis of collocated should not be applicable only to the group that was the basis of collection of data. On the contrary, the collected data should have the reliability and validity to the extent that its conclusions are applicable to other similar situat ions. 4 The third factor that needs to be considered is concerned with reliability. The reliability of an evaluation study is the extent to which the results can be replicated, i. e. if the study was repeated the results would be the same. The obvious approach to dealings with this issue is to repeat tests and observations. Also techniques, such as including the same question but in different forms, using multiple observes, etc. can be helpful. 15 The fourth factor that needs to be taken to evaluate training programme is to conduct and determine reaction level of the trainees in respect of the training programme.The reaction criteria is to be determined in terms of open discussion between the trainers, the trainees, and the management. This will give grand opportunity to the management to ascertain whether or not the training programme is achieving the objectives for which it was organized. This evaluation should be conducted half way of the training period. The reaction criteria tends to inform the trainers whether the training programme is achieving the goals as perceived by the trainers. In other words the trainers come to know the level of happiness and satisfaction of the trainees in regard to the training programme.To ascertain and collect this kind of information, the trainees may be asked to fill a self-complete questionnaire in which the trainees have to choose between a range of alternatives and answer some of the open ended questions. The self-fulfilled questionnaire seeks information in regard to entry briefing whether the objectives of the training programme were achievable and how far have they been useful whether the trainers performance has been satisfactory and the training methods utility the mid(prenominal) term evaluation clears the way of the trainers to reframe the training methodology and cater correspond to the needs of the trainees.Two fundamental problem need to be assessed in this evaluation process. The first problem is whether i nformation seeked should or should not be collected in the name of trainee. The evaluation as far as executable be anonymous could give, probably, more accurate information than the information collected in the name of the participant. The second related issue is concerned with the venue where the information questionnaire is filled up by the trainee. It is indeed desirable that the trainee provide information away from the course environment.This mid evaluation can be very helpful in providing a lot of information that is reliable and valid. As a matter of fact mid term evaluation can be very helpful and the cost of collecting such information is not only very low but it also helps the trainees to reframe their training programs accordingly the approach of mid term evaluation allows the trainer to make comparisons between different training programs that were conducted in other organization or that were conducted by the trainer himself.However reaction criteria of mid term evalua tion does generate an enormous amount of data analysis. How much of this data is used by the trainer for readjusting the structure of the training program depends on the management, trainer, and the participants. The terminal step in respect of evaluation of training programmes is to assess whether the basic objectives of the training programme have been achieved or not. In this step cost-effectiveness and cost-benefit techniques need to be utilized to measure the performance.This assessment will demonstrate whether the expect learning that was determined before the training programme was conduced has taken place after the conclusion of the training programme or not. 64 International Research Journal of Finance and Economics Issue 37 (2010) Some of the scholars suggest that before going in for final evaluation, if feasible, one or two, in between, evaluation, can also be conducted. However too many evaluation questionnaires can disrupt the training program and can create doubts in the minds of trainees towards the effectiveness of the program in the minds of the trainees can be created.Evaluation of the training programme should be undertaken only for the purpose of feedback and restructuring of the programmes to fulfill the goals and objectives of the training program. me. The basic purpose of any training programme is to improve organizational performance i. e. to assess whether the training program has been able to achieve change that it in demand(p) from the training program. The final evaluation program must take into factors that efficacy have affected the final outcome, for example, competitor initiatives, general economic conditions. and so on erformance of an organization must be evaluative in terms of the all in all unit and not parts of it. Hence any evaluation of the training programme may not result in perfect achievement of the goals. We should identify the key factors and indicators that can influence the final results of the training prog ramme. The assessment of these factors will help in the analysis of the needs of the concerned organization. In this respect a comparative study should be made in regard to the information collected before the training programme was initiated and after the training program where changes need to be visualized and thereupon assessed.If possible a comparative study can also be made of the similar training programme conducted in other organization and analyzes the differences in the final results. At the time of collecting the final data, proper monitoring should be assured. All the required data should be collected to make clarify analysis. 16 In the final analysis it can be stated that the final evaluation is the most important aspect of the training programme aspect of the training programme in order to find and determine the effectiveness of the training programme.This assessment gives a clear picture of the impact of the training program. As indicated earlier, a clear cut indicato rs of organizational performance determined before the start of the program will make measure of desired change in terms of evaluation much easier to measure. decisiveness The Evaluation of any training programme has certain aims to fulfill. These are concerned with the determination of change in the organizational behavior and the change take in the organizational structure.Hence evaluation of any training program must inform us whether the training programme has been able to deliver the goals and objectives in terms of cost incurred and benefits achieved . The analysis of the information is the concluding part of any evaluation programme. The analysis of data should be summarized and then compared with the data of other training programmes similar nature. On the basis of these comparisons, problems and strength should be identified which would help the trainer in his future training programmes. International Research Journal of Finance and Economics Issue 37 (2010)

Andrew Lang, Ballad of a Worldly Wealth Explication

In the verse form b each(prenominal)ad of a Worldly Wealth, Andrew Lang shares his opinion of wealth and what people use it for. It back tooth be either useful, or just corrupt you. Money maketh abomination show he says, meaning that if you use it in the wrong counselling it quite a little show your evil side. It brings you worldly things, but it cant bring you everything. Such as family, friends, or love. All it can give, it sensual things that you wont be able to take with you when you leave this world.He uses a lot of repetition to make the idea clear of what he means, and his notion of money. I feel like the meaning goes deeper than that also. You can either be rich in heart and be happy or you can be rich with physical things and fall into greed and darkness. In the poem he says, Money maketh sin as snow. I interpret this as him saying money can make everything right in few peoples eyes. Lang could have possibly got his idea from a guard in the bible, 1 Timothy verse 6. For money is the root of all evil. He uses a lot of speech communication that help to set his tone, and the perception in the poem. The words he uses have a lot of the like sounds such as maketh, taketh, youth & truth. I found that many of the words in the poem were hard to understand because we do not babble out in this form of language anymore. An example of these words would be enchantment the tides shall ebb and flow.

Misrepresentation of african american women Essay

Afri ignore American women check historically been cycloramaed as hyper-sexual creatures, due to unique anatomical features non frequently seen in early(a) races. This hyper-sexualized view of faint women dates back as early as the days of thralldom when European imperialists trave take to Africa and were excessively intrigued by (and abashedly attracted to) the women in the tribes. Europeans were in astonishment of the physique of African women, comparable to none, as well as their dance and traditional garments.Europeans unfamiliarity with a eubstance type that is not foreign amongst African women resulted in a projection of hyper-sexuality onto B insufficiency women that did not authentically exist and has been hard for smuggled women around the world to rid themselves of. Saartjie Sara Baartman, to a fault known as the Hottentot Venus, became the blueprint for degrading and humiliating the Black charr on a worldwide level. Saartjie Baartman was a South African bor n(p) cleaning woman who was enslaved by a Dutch farmer near the metropolis of Cape Town.Her master was approached by traveling Europeans to travel to Europe to energize her be examined and put on display. In 1810, Saartjies master informed her that she would be free and assume fortune and fame in order to bias her to leave his plantation for the sideshow act she would unknowingly turn in. It was this promise that led to Saartjies willingness to travel to Europe. Saartjie traveled to England and upon her arrival, she was placed on public display, frequently times in a cage, so her large buttocks and titty could be ob replyd by hundreds of curious Englishman.These invasive spectators were recorded as laughing at her, calling her names, and throwing items at her. Saartjies consistence was so spectacular and strange to Europeans that medical students were able to use her for scientific research. She was once more sold from England to a French circus to dance in the au naturel( predicate) as cheer and was one the main attractions. Saartjie never enjoyed the freedom she was promised and dark to alcohol to cope with her humiliation and entered prostitution to support her when she was no lasting necessary as a side show attraction.She died in 1815, adept now five years after her arrival to Europe. Saartjies humiliation did not end with her death. She died of unidentified disease in France and her body was turned everyplace to a museum. Her brain, vagina, and her skeleton were removed from her body, preserved and put on display. Her frameless body was then preserved in such a counselling that she stood call forth as well. Her body was eventually buried in France but the move removed from her body remained on display in a French museum until 1974. The displays were removed that year and replaced with casts of Saartjies confiscated body parts.Saartjie Baartmans humiliating immurement marks the beginning of the Black womans degradation. She could be co nsidered the primary video-vixen model. However, destination has changed such that women willingly dance erotically while scantily clad or totally nude, whereas Saartjie was forced. This willingness has transformed the way the Black woman is viewed and the way the Black woman views herself. The manner in which Saartjie Baartman was treated is asserting(a) of European attitudes close to Black women and African standards of beauty.Saartjie was renowned for her physique, which Europeans responded to Saartjie as an reject with disgust, intrigue, sexual attraction, and condescension. The removal of her organs indicates a perverse obsession with the body of the African woman. This attitude about the Black womans body has persisted, taking on new faces as kitchen-gardening changes and pop culture emerged. Media images of Black women have long been degrading, unflattering, and/or extreme. Black women have special(prenominal) functional roles in the media typically and most often as Jezebel, Mammie, and the social welfargon mom.The Jezebel stereotype of the hyper-sexual, manipulative Black woman is more prevalent and more widely seen in the media from television, movies, magazines, and melody videos. It is the Jezebel who is the African American woman who is not ashamed to take off her clothes in exchange for things she may need. The unison persistence especially familiarizes strippers and video models as an acceptable and wanted occupation for a Black woman. Not only do legal age of pelvis- cut lyrics bring low women to the lowest level that a woman can be degraded, but the music videos take special c argon to degrade the black woman even more.Rap music videos depict a false image of what a objective woman looks like in reality music videos have gotten so raunchy they might as well be pornography, presenting a hyper-sexual depiction of women that distorts and demeans the image of black women in particular. Even in the tamer videos, women might as well be prostitutes. They argon fair games, part of the bling-bling, like the platinum chains and diamonds sported by rappers (Daily check out 7/4/04).It is just in this way that Saartjie Baartman was displayed and responded to and it is in the way Black women have been consistently considered as objects of sexual exploitation. Hip skip over music has become explosively popular in the US and a lot of the rest of the world in the last twenty years. Hip bound off music squ ar offs larger society in powerful ways and has become a subculture that has transcended race, socioeconomics, and gender. Its popularity and ability to transcend across many social lines that are usually impenetrable is the biggest threat to the perception of Black women by others and by themselves.When leaders like President Barack Obama and other prominent politicians reference lines from popular rap stocks, they are often received with admiration and excitement by the media and larger public. Such a respo nse from a pop culture reference reveals hip bound off musics ability to influence culture on a magnanimous level. Hip hops music is an industry run by men, with overwhelmingly male artists who provide entertainment for other men. In this understanding of the industry, the images of women presented with this massively popular music are exclusively chosen by men.Additionally, hip hop music tips to sell a lifestyle and not just a song or beats. As was previously discussed in the quote from Daily Review, dearly-won material things and several beautiful and naked women are things to achieve and obtain. An object is for use of some kind and the hip hop music industry has single handedly crystallized the developing notion that women in general are objects for sexual pleasure exclusively. This idea is particularly harmful for Black women and girls in the face of a media that has very few other images of Black women. etiolate women are of course objectified and hyper-sexualized in the selfsame(prenominal) manner, but the damage of such objectification is buffered by other images of a range of professional White women, heroines in film and television, prominent White actresses, politicians, businesswomen, journalists, etc Historically, white women, as a category, were visualised as models of self-respect, self-control, and modesty even sexual purity, but black women were often portrayed as innately promiscuous, even predatory. This depiction of black women is sentience by the name Jezebel (Pilgram, 2002).Black women and girls have very few other images to measure themselves against or look to for motivation or encouragement. These pervasive images of the Black woman as a promiscuous and manipulative Jezebel juxtaposed with the lack of other, more positive images, is extremely damaging to the Black womans self-esteem. These images also inform others of how to perceive and ultimately treat Black women, which is pressure corrosive to the Black womans self-est eem. As if the power that images tend to have on the human psyche were not enough, hip hop music also incorporates lyrics that correspond to the tone of disrespect for Black women. interdict epithets that refer to a womans sexual and social carriage like ho and bitch are common, frequent, and acceptable in hip hop lyrics and serve to further derogate Black women. Often, rappers and fans alike light upon excuses for the disturbing images and lyrics featured in songs and videos, expressing that the women featured in the videos are functional of their own volition and are not being objectified. While the women of these videos are participating of their own volition, the degrading lyrics and the degrading images are not negated just because the women are choosing to participate.The message being sent is still clear and present Black women are objects of sexual gratification that do not have to be spoken to or spoken of as human beings. viewers are influenced by these images and lyr ics and are encouraged to develop monstrous ideas about and monolithic perception of Black women. Additionally, because other, more positive images of Black women are missing in the media, viewers are left with little real information about the Black womans experience, life, and character.Hip hop music has also set the standard of presentation for female rappers as well. Female rappers who have debuted in the last 20 years supplicate the power the same sexual images and presentations as the male rappers do. More recent female rap artists like Nikki Minaj have amplified the hyper-sexual stereotype about Black women with her sexually charged lyrics, provocative style of dress, and various implants to enlarge her breasts and buttocks, feeling not unlike Saartjie Baartman and the many beautiful women of Africa.Artists who pre-date Nikki Minaj, like Lil Kim and Foxy Brown, debuted in a similar fashion, using their sexuality through lyrics and risque media poses in which they were alm ost always scantily clad, to propel their careers. These female rappers only serve to further push the music industrys agenda to denigrate women, Black women in particular, by buying into and proudly displaying the very stereotypical behaviors that function to keep hyper-sexualized images of Black women in the minds of viewers. Female rappers serve the same purpose as those women dancing in hip hop videos to push the sexual agenda of a sexist music industry.However, the message delivered through female rappers is pronounced solely due to the fact that the artist is a female who is promoting a hegemonic patriarchal message. The sexual nature of hip hop in general is made more acceptable if the objects of sexual exploitation, women, also become hip hop stars. Lastly, the current female hip hop stars are adopting images of beauty from childhood icons such as Barbie, as is the shield with Nikki Minaj. The adaptation of Barbie for the purpose of hip hop is a clear property that there is an agenda to capture all viewers minds to believe the images they are presented with about Black women.The most effectual approach to challenging the erroneous and negative images of Black women in the media is for those who are aware and knowledgeable to soften the falsehoods of the pervasive stereotypes and ideas about Black women. Bibliography Frith, Susan. Searching for Sara Baartman. Johns Hopkins Magazine, June 2009. http//www. jhu. edu/jhumag/0609web/sara. html (accessed April 20, 2013). The Hottentot Venus. Accessed April 22, 2013. http//whgbetc. com/mind/hottentot_venus_emory. html. Payton, Brenda. Sorority Sisters combat Explotiative Rap Images. Daily Review (Hayward, CA). 4 July 2004. Pilgrim , David.Jezebel. Jim Crow Museum of Racist Memorabilia. . http//www. ferris. edu/jimcrow/jezebel. htm (accessed April 23, 2013). Clemlyn-Ann , Pollydore, and Jennifer A. Richeson. affective Reactions of African-American Students to Stereotypical and Counterstereotypical Ima ges of Blacks in the Media.. Journal of Black Psychology. no. 3 (2002) 261-275. Simmonds, Felly Nkweto.Shes Gotta Have It The Representation of Black Female grammatical gender on Film. Feminist Review. (1988) 10-22. http//www. jstor. org/discover/10. 2307/1395143? uid=3739936&uid=2129&uid=2&uid=70&uid=4&uid=3739256&sid=21102132644181 (accessed April 22, 2013).

Color of Water Essay Essay

What factors contribute to who you are today? A caput that many struggle with including mob McBride, the author of The Color of irrigate. James struggled with purpose himself because of his mixed background, a blank Jewish mother and a obscure father. When James finally pushs an understanding of the tillage, races, and religions that surrounds him it helps him to gain his own identity, point of view, and allows him to voice his experiences with others who may be dismissal through the very(prenominal) things in his writing.As James enters many different cultures he comes to realize what typesetters case of skirt and life he deficiencys for himself when he visits his sister jack in Louisville, Kentucky. The culture in Louisville was very violent. James and his friends participated in illegal activities such as breaking into cars, shoplifting, and doing illegal drugs (McBride 139). afterward complaining just about life, doing illegal things, talking to Chicken Man a man t hat sat on the break on a crate, and drank alcohol all day who told James that no one will know who are you unless you make something of yourself and that sitting on the corner all his life is a bad decision (150), and fetching Jacks advice, you have to choose between what the world expects of you and what you want for yourself (161), he enrolls back into high school and later goes on to Oberlin College. maturement up James mother Ruth always tells him that white wad are no good, but as a young braggart(a) his perspective changes altogether.As James completes high school and early into college a white lady by the name of Mrs. Dawson who donated most of her time and gold to inner city kids sponsors James to be able to go to europium and travel with the Ameri faeces Youth Jazz Band and continues to help him get into graduate school. When James friends in college talk about how all white people are rich and they have no problems James had no choice, but to agree because of the s urrounding he was in, but in his oral sex he was strongly disagreed with the statement that had just been made having just demand the letter from Mrs. Dawson about her husband dying suddenly of cancer (187). church plays a big part in James life. As a kid James goes to church all(prenominal) Sunday and experiences people emit and being uplifted. Also his father starts the New Brown Memorial Church, which James goes back to visit later in life. From going to church every Sunday James develops his own relationship with God after he goes through the part of his like where he is very rebellious and disobeys the law. After he enrolls back into school he turns to God to ask him for force out (161). This shows James getting his own opinion from God and his religion kind of of just going to church because hes being going all his life. Suffolk had begun to suffocate me.The isolation my family felt, the heartbreak they had suffered (223). James researching into his mothers history shows him why he went to Jewish schools instead of the public schools, what happens in Suffolk that causes Ruth to leave, start a new life, and become very secretive. heritage is important because it lets you know what struggles, accomplishments, etc. your family has overcome, why things are the way they are, and how you can continue a tradition, or better understand who you are.Knowing about my Mother and Fathers background gives me an idea of what our family is about and what type of things I should stand for, or if I believe in the same things that my parents believe in. Learning about heritage and the different factors that make up his surrounding James McBride finds his identity, gains his own opinion, and point of view. Reading The Color of Water and going through this experience along with James encourages others to learn much about their heritage and who they are, and if you already have that information interpret it into a way that benefits you and can maybe even help someone else.

Female Foeticide

effeminate Foeticide A legal Analysis In 1988 thither was an advertizement in the Diwali special topic of a far-famed Marathi magazine1 amnio is a developed science To mis put on it for spontaneous abortion is a non bad(p) sin. Better go in for dep shutting upon- survival of the fittest Read this book. look up your family doctor for a sure elbow room of begetting sons. Female foeticide is perhaps virtuoso of the worst ground levels of power against women where a woman is denied her most basic and profound right- the right to life enshrined in Article 21 of Indian Constitution. elimination of the young woman baby bird by way of selectively eliminating the feminine embryos or fetuses is an era-old phenomenon. It negates the primeval right to equality guaranteed on a lower floor(a) Articles 14 and 15 of our Constitution.The traditional look come forward of the Indian culture of preferring the boy baby over the miss boor combined with the ultra modern techno logy has save succeeded in boosting the side conscious Indian families to perpetuate their choice fashioning process of the girl baby elimination in the most train and easiest way. To top it al wizard, the ethically conscious checkup exam profession has been able to convey strike flock the already imbalanced trip place ratio on to 927 women per gee men. 2It raises important come ins on the interfacing of technology, health and society, of harm of medical technology, of apply techno-centric solutions for tender problems, of infraction of the principles of medical ethics, of loving and demographic implications of such technologies, of the decision fashioning processes involving technology, which can impart far-reaching social effects, of regulating the medical profession (specially generative technology) two internally and externally, of limits to re seek and the techno-docs power to play God, of the role and limits of social lawmaking in tackling social pro blems of informed comply, and patients rights and doctors accountability, of the possible fall-out of the advent of impertinently Reproductive Technologies (NRTs) from hinge on Pre-Selection Techniques (SPSTs) to non-coital reproduction through IVF- ET or GIFF, surrogate mformer(a)liness to contagious design of decision-making process in family and society and womens role (or wish of it) in them. alone these interrelated fall outs mean something to all our lives as it de books the way we see our ult, certify and future.Traditionally the patriarchal families got rid of the unwanted babe either by way of poisoning the young-born baby or permit her coke on husk or simply by annihilative her skull infra a charpoy. Since modern medical tests hurl do it easier to limit the trip of the boor raze in the generatorise the birth of the unwanted child, the number has exclusively shot instead of decreasing. In one and nonwithstanding(a) hospital, a subject field sho wed that out of 8,000 abortions performed, 7,999 were egg-producing(prenominal) foetuses. 3 Hence, the disposal was oblige to pass the Pre innate symptomatic ( legal community) exploit, 1994 in response to the increasing number of abortions performed on women carrying female foetuses. 4 Thus, Indias officials pluck asidened couples from using technical means to determine the gender of a foetus. 5 Although Indias Parliament passed the legislation in 1994, it could non become law until all state legislatures O.K. it. 6 The law finally took effect on January 1, 1996. The 1994 coiffe is both pr stock-stilltive and regulatory. Prohibitive According to the practise the use of pre-natal techniques for the purposes of call down use be prohibited. 7 The figure prohibits some(prenominal) mortal training prenatal symptomatic procedure from communicating to the pregnant women concerned or her relatives the commove of the foetus by words, signs or in some(prenominal) som e an opposite(prenominal)wise(a) manner. 8 The form prohibits both communicable discuss warmness, transmittable lab and Genetic Clinic to conduct activities relating to pre-natal symptomatic technique unless it is registered under(a) the deed of conveyance or to employ some(prenominal)one who does not bear the prescribed qualifications. The medical practitioners be prohibited to conduct such techniques at whatsoever focalise, which is not registered under the make out. Regulatory The Act provides for the order of pre-natal symptomatic techniques. Prenatal symptomatic techniques fairthorn be used to detect genetic or metabolic disorders or chromosomal abnormalities or original unlearned malformations or energize- tie in disorders. Prenatal Diagnostic Techniques whitethorn be occupied only under contract learns by registered institutions9O The tests can only be carried out on women who are either over the age of thirty-five or O Have had two or such (prenominal) miscarriages or O Who sport been exposed to radiation, infection, chemicals or drugs which are painful to the foetus or O The pregnant woman has a family tale of mental clumsiness or physical deformities such as spasticity or whatsoever other genetic disease or O whatsoever other condition as may be specified by the important supervisory dialog box. It is real important to note that the Act permits use of such techniques provided the medical practitioner has explained all the known side and by and by effects of such techniques to the pregnant woman and more importantly, has obtained her written consent in the wrangle she understands. 10 Persons working in the clinics, as healthful as women and their families who use the clinics or are liable for mulcts and poundage for violating the Act. 11 The Act provides for the bodily structure of a Central supervisory come on herein laterward CSB, which shall be ceremonious to advise the governing on policy is suances relating to pre-natal symptomatic techniques to review the slaying of the Act and its rules and to pep up changes in the Act and its rules. 12 The CSB has been assigned a truly important accountability of spreading public consciousness against the practice of pre-natal conclusion of sex and foeticide. The CSB shall get together at least twice a division to review the surgery of the Act and make recommendations for its better implementation. 13An enquire into account strength shall be name in enjoins and married couple Territories and regions wherein the political science are authorize14 O To grant, allow or cancel the adaptation of genetic guidance centres, laboratories and clinics and O in like manner to investigate complaints complimentsing breach of the furnishs of the Act or the rules. The Act lays down prohibition era on the issuance of advertisements15 relating to pre-natal sex end by every individual, organisation or institutional and provides that any difference/Violations of the same provide entitle the offender a punishment of 3 geezerhood bonds and/ or Rs. 10,000/- fine for the first charge, this increasing to Rs. 50,000/- fine and 5 years immurement for a second charge. 16 But there are several(a) loopholes in the Act, which has made it a failure to a great effect thus letting the demons of female foeticide/infanticide survive and displayHence, the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 was passed to plug the loopholes. THE PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) AMENDMENT ACT, 2002 Objectives of the tender Act The practices relating to female foeticide and techniques affiliated with the same are considered discriminatory to the female sex and not conducive to the dignity of the women. The proliferation of the technologies mentioned above may, in future, precipitate a catastrophe, in the form of severe imbalance in male-female ratio. The call down is as well as duty adjoin to intervene in such matters to uphold the wellbeing of the society, oddly of the women and children. in that considerfore, the governing body felt the necessary to enact and implement in letter and warmness a legislation to ban the pre-conception sex weft techniques and the misuse of pre-natal symptomatic techniques for sex-selective abortions and to provide for the regulation of such abortions. Such a law is also needed to uphold medical ethics and jump the process of regulation of medical technology in the larger interests of the society. Accordingly, it is proposed by the government to regenerate the aforesaid Act with a view to illegalise the use of both sex infusion techniques prior to conception as well as the misuse of pre-natal diagnostic techniques for sex selective abortions and to tempt such techniques with a view to ensuring their scientific use for which they are intended.The Amendment Act, 2002 seeks to pa ss the aforesaid goals. Highlights of the New Act 1. The Act provides for the prohibition and regulation of SD techniques onwards or after conception. 17 2. For the words and brackets the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse), the words and brackets the Pre-conception and Pre-natal Diagnostic Techniques ( rampart of Sex Selection) shall be substituted. 18 This lays a lot of emphasis on the issue of female foeticide in particular. 3. Definitions of conceptus, embryo and foetus set about been place down specifically, which helps in determining the type and present of use of PNDT. 19 4. The Explanations added to Sec. (ii) in article (d), (e) and (g) pee-pee enlarged the compass of the Act to include even the portable PNDT equipment/ formry. 20 5. Qualifications of a genetic has been upgraded. 21 6. Amendment of member 17 of the read/write head Act reads as follows (e) to take appropriate legal action against the use of any sex extract techniq ue by any somebody at any place, suo motu or brought to its notice and also to initiate independent investigations in such matter This purvey has given extra scope to the authorities for the utilisation of the powers to see their duties. 7. Insertion of new serve well 17A. -After divide 17 of the principal Act, the interest region is proposed to be inserted, that is to say 17A. Powers of Appropriate Authorities. The Appropriate Authority shall throw off the powers in respect of the spare-time activity matters, namely (a) send for of any person who is in take inion of any information relating to violation of the pabulum of this Act or the rules made thereunder (b) production of any document or material object relating to clause (a) (c) issuing search warrant for any place suspected to be indulging in sex selection techniques or pre-natal sex aim and (d) any other matter which may be prescribed. . This render is actually(prenominal) much in tune with the clinical of sub segment 17 (e). 8. Provision with regard to the advertisements has been made more stringent. 22 9. Definitely, the strongest provision of the measure is the new section 24, which if brought to effect shall hang-up all doubts with regard to the application of penal nourishment to women undergoing the PNDT tests. The rovisions has rightly set the problems of women in the depicted objects of PNDT as in most cases, women are forced to go for these test or to forgo their marital lives their homes, even their lives. 23 Drawbacks of the new Act I. Amendment of section 3. -In section 3 of the principal Act, for clause (2), the quest clause shall be substituted, namely (2) No Genetic counselor-at-law Centre or Genetic Laboratory or Genetic Clinic shall employ or cause to be employ or take services of any person, whether on honorary posterior or on payment who does not possess the qualifications as may be prescribed. The naval division is negatively worded which gives a scope f or the raft specifically excluded in the provisions to take advantage of the loophole.Instead, if the provision was positively worded in the sense that it lad down as to who is suitable to carry the PNDT under the circumstances specified under the Act, it would throw quiet anyone who is otherwise not specifically authorised to conduct such tests. II. variance 3B Prohibition on deal of ultrasound railway car, etc. , to persons, laboratories, clinics, etc. , not registered under the Act. No person shall sell any ultrasound elevator car or visualise machine or digital scanner or any other equipment assailable of detecting sex of foetus to any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other person not registered under the Act. Though this is a strongly worded character, which aims at moderate the clandestine sale of the PNDT equipments, it suffers from a major drawback. The Act or he partitioning does to run out about the manufacturing of the se equipments because since manufacturing is the first step towards the black-marketing and other misuses. As such, there take a crap to be specific guidelines as to the manufacturing. The manufacturing license should be issued only to the political Institutions so that the monitoring becomes so much easier because of the subdue that he disposal can exercise over these institutions. likewise very closely linked to above point is the licensing function. If licenses for prenatal diagnosis were tending(p) only to government institutions, the task of vigilance would be further simplified.The ban on misuse of techniques for SD imposed upon government institutions has not been violated for the past 15 years. Also there is no provision to the effect that the registration of the portable PNDT machinery/equipments are also registered. III. Amendment of section 4. -In section 4 of the principal Act, for clauses (3) and (4), the quest clauses shall be substituted, namely (3) No pre-nata l diagnostic techniques shall be used or conducted unless the person qualified to do so is pleasant for reasons to be enter in writing that any of the following(a) conditions are fulfilled, namely The provisions of this section prima facie seem like a good provision but are a toothless one.The issue is that though citing a reason which satisfies the condition precedent set(p) down in the Act ahead the PNDT tests are conducted, the provisions misses out a crucial point. It does not mandate for the production of the documents to prove that the condition in fact, is satisfied and is very much in spirit wit the object of the Act. Also should be included in this provision the requirement t record al these documentary proof which shall be made getable for verification by the CSB/SSB, etc. IV. Section 13 sub clause (vi) Any other condition as may be specified by the display panel This provision gives a lot of discretionary powers to the Boards, which have to be curtailed in the for m of the guidelines. V. Amendment of section 5. In section 5 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely (2) No person including the person conducting pre-natal diagnostic procedures shall go on to the pregnant woman concerned or her relatives or any other person the sex of the foetus by words, signs, or in any other manner. This provision has practical touchyies in term of implementation. It is suggested by the author that a kind of code system be adopted whereby the tests which have satisfied the conditions of the Act be given a code number and sent for testing in a place which is authorised to conduct he tests for a particular area or region.This is to ensure that there exists no direct links between the family concerned and the medical practitioner who can convey the sex of the foetus, which might lead to the death of the foetus in case it turns out to be a female. This is because though the provisions bar the practitione r from conveying in any manner whatsoever, the proof that the same has not been conveyed cannot be assured. VI. Automatic gap/cancellation from the Registry of medical Practitioners of the name of doctors found guilty by the homage without referring the matter to the medical checkup Council. VII. Insertion of new section 16A. -After section 16 of the principal Act, the following section shall be inserted, namely 16A. Constitution of State Supervisory Board and Union filth Supervisory Board. (1) Each State and Union territory having Legislature shall constitute a Board to be known as the State Supervisory Board or the Union territory Supervisory Board, as the case may be, which shall have the following functions (10) In respect of matters not specified in this section, the State Board shall follow procedures and conditions as are applicable to the Board. There are no rules and regulations with regard to the powers of the Boards as to in what way the powers have to be synchronize d to fulfil their duties and function as specified in the Act. Also, this Section suffers from a serious defect. That is the Section has adopted a very top-down approach, which has been prison term and again prove to be ineffective and fruitless. Therefore, the approach should have bee a grass-root eve approach. This is even more applicable n the cases of PNDT because of the Act that a good lump of cases are from sylvan areas which are very difficult to monitor and control.A Panchayat level machinery working hand in hand with topical anesthetic rural institutions like the Anganwadis and the school would be an theme way to acquire and combat the problem of PNDT. VIII. Also the Act has authentic vague and indefinite terms and expressions like eminent which are very gnarled as to how they should be interpreted and put to use. IX. Punishable with imprisonment for a term, which may sway to three years and with fine which may extend to fifty thousand rupees for the first offen ce and for any incidental offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees. The hike in the fines though would be applicable to the urban areas, its a mere letter of black and white on the paper when it comes to the rural areas.The rural people who, more a good deal than not are extremely poor, are in no persuasion to pay those high fines, which makes the provisions a supererogatory provisions. Instead, thee ha to be a mechanism whereby these people can be sensitized to the problems associated with the girl child. It is the firm belief of the author that public awareness is a much better and powerful tool than mere fines, especially with regard to the rural poor. X. A major hurdle in the intent to prohibit sex purpose and regulation of PNDT techniques is that there is no worthy duty laid upon any of he authorities in the Act. There is no penalty attached for non performance of the duties- commission or omission- cast upon the authorities. Especially in the light of the fact that so far the CSB have never met on a regular basis as per the provisions of the Act. XI. The Financial Memorandum stick on to the Bill with regard to the expenses falling under Section 16 A of the Act has no regulation with regard to transparency, accountability, and regulatory body. This is very problematic and might secure prove to be plunders paradise. 2 . 1 get a line, http//www. evesindia. com/health/features/reprod_health. html, visited on 10/10/02. 3 . 2 Id.. 4 . 3In one hospital, a study showed that out of 8,000 abortions performed, 7,999 were female foetuses.See Shailaja Bajpai, Indias Lost Women, public Press Rev. , Apr. 1991, at 49. Also see, Vidya Deshpande, Where have all the girls gone? , http//www. indianexpress. com/fe/daily/19991202/faf28033. html, visited 24/12/02. 5 . 4John F. Burns, India Fights Abortion of Female Foetuses, N. Y. Times, Aug. 27, 1994, at 5, available in LEXIS, News Librar y, Curnws File. 6 . 5Demographers pointing to such numbers have finally forced governments to take notice. Thus, Indias officials banned couples from using technical means to determine the sex of a foetus. The Sexes Disappearing Girls In China, India and South Korea, A Gender gap Causes Worries, Asiaweek, Mar. 3, 1995, at 32 7 . 6See India Bans Abortions of Female Fetuses other Move to tending Protect Baby Girls, Chi. Trib. , Jan. 10, 1996, at 13, available in LEXIS, World Library, Allwld File. 8 . 7 Section 3. 9 . 8 Section 4(4) 10 . 9 Section 4 11 . 10 Section 5(1)(c) 12 . 11 See section 24. greens response to the Act has been If I do get arrested, Ill spend a couple of months in prison, but whats that compared to a lifetime of misery hard to bring up a girl? 13 . 12 Section 17 14 . 13 Section 18 15 . 14 Sections 20-21 16 . 15 Section 22 17 . 16 Section 23 18 . 17 The wide title of the Bill that is proposed to substituted the present long title reads as follows An Act to provide for the prohibition of sex selection, forward or after conception, and for regulation of pre-natal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for sex determination leading to female foeticide and for matters connected therewith or incidental thereto. 19 . 18 Amendment of section 1 of the Act. 20 . 19 4. Amendment of section 2. In section 2 of the principal Act, (i) after clause (b), the following clauses shall be inserted, namely (ba) conceptus means any product of conception at any stage of development from grooming until birth including extra embryonic membranes as well as the embryo or foetus (bb) embryo means a developing homosexual organism after fertilisation till the end of eight weeks (fifty-six days) (bc) foetus means a human organism during the poin tedness of its development outgrowth on the fifty-seventh day following fertilisation or creation (excluding any time in which its development has been suspended) and ending at the birth 21 . 20 Explanation. For the purposes of this clause, Genetic Clinic includes a vehicle, where ultrasound machine or imaging machine or scanner or other equipment surefooted of determining sex of the foetus or a portable equipment which has the potentiality for detection of sex during pregnancy or selection of sex before conception, is used. 22 . 21 (g) medical geneticist includes a person who possesses a degree or diploma in genetic science in the fields of sex selection and pre-natal diagnostic techniques or has experience of not less than two years in any of these fields after obtaining (i) any one of the medical qualifications value under the Indian Medical Council Act, 1956 (102 of 1956) or (ii) a post-graduate degree in biological sciences. 23 . 22 Substitution of new section f or section 22. -For section 22 of the principal Act, the following section shall be substituted, namely 22. Prohibition of advertisement relating to pre-conception and pre-natal determination of sex and punishment for contravention. (1) No person, organisation, Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, including clinic, testing ground or centre having ultrasound machine or imaging machine or scanner or any other technology equal to(p) of undertaking determination of sex of foetus or sex selection shall issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement, in any form, including internet, regarding facilities of pre-natal determination of sex or sex selection before conception available at such centre, laboratory, clinic or at any other place. See also, Substitution of new section for section 16. 24 . 23 Substitution of new section for section 24. For section 24 of the principal Act, the following section shall be substituted, namely 24. Presumption in the case of conduct of pre-natal diagnostic techniques. -Notwithstanding anything contained in the Indian Evidence Act, 1872, the court shall presume unless the contrary is proved that the pregnant woman was compelled by her husband or any other relative, as the case may be, to undergo pre-natal diagnostic technique for the purposes other than those specified in sub-section (2) of section 4 and such person shall be liable for abatement of offence under sub-section (3) of section 23 and shall be punishable for the offence specified under that section. Female FoeticideFemale Foeticide A legal Analysis In 1988 there was an advertisement in the Diwali special number of a renowned Marathi magazine1 Amniocentesis is a developed science To misuse it for abortion is a great sin. Better go in for sex-selection Read this book. Consult your family doctor for a sure way of begetting sons. Female foeticide is perhaps one of the worst forms of violence against women where a woman is denied her most basic and fundamental right- the right to life enshrined in Article 21 of Indian Constitution. Elimination of the girl child by way of selectively eliminating the female embryos or foetuses is an age-old phenomenon. It negates the fundamental right to equality guaranteed under Articles 14 and 15 of our Constitution.The traditional mentality of the Indian culture of preferring the boy baby over the girl child combined with the ultra modern technology has only succeeded in boosting the status conscious Indian families to perpetuate their choice making process of the girl child elimination in the most sophisticated and easiest way. To top it all, the ethically conscious medical profession has been able to bring down the already imbalanced sex ratio on to 927 women per 1000 men. 2It raises important issues on the interfacing of technology, health and society, of misuse of medical technology, of using techno-centric solutions for social problems, of violation of the principles of medical ethics, of social and demographic implications of such technologies, of the decision making processes involving technology, which can have far-reaching social effects, of regulating the medical profession (specially reproductive technology) both internally and externally, of limits to research and the techno-docs power to play God, of the role and limits of social legislation in tackling social problems of informed consent, and patients rights and doctors accountability, of the possible fall-out of the advent of New Reproductive Technologies (NRTs) from Sex Pre-Selection Techniques (SPSTs) to non-coital reproduction through IVF- ET or GIFF, surrogate motherhood to genetic engineering of decision-making process in family and society and womens role (or lack of it) in them. All these interrelated issues mean something to all our lives as it defines the way we see our past, present and future.Traditionally the pat riarchal families got rid of the unwanted child either by way of poisoning the new-born baby or letting her coke on husk or simply by crushing her skull under a charpoy. Since modern medical tests have made it easier to determine the sex of the child even before the birth of the unwanted child, the number has only shot instead of decreasing. In one hospital, a study showed that out of 8,000 abortions performed, 7,999 were female foetuses. 3 Hence, the government was forced to pass the Pre Natal Diagnostic (Prevention) Act, 1994 in response to the increasing number of abortions performed on women carrying female foetuses. 4 Thus, Indias officials banned couples from using technical means to determine the sex of a foetus. 5 Although Indias Parliament passed the legislation in 1994, it could not become law until all state legislatures approved it. 6 The law finally took effect on January 1, 1996. The 1994 Act is both prohibitive and regulatory. Prohibitive According to the Act the use of pre-natal techniques for the purposes of sex determination are prohibited. 7 The Act prohibits any person conducting prenatal diagnostic procedure from communicating to the pregnant women concerned or her relatives the sex of the foetus by words, signs or in any other manner. 8 The Act prohibits any Genetic Counselling centre, Genetic Laboratory and Genetic Clinic to conduct activities relating to pre-natal diagnostic technique unless it is registered under the Act or to employ anyone who does not possess the prescribed qualifications. The medical practitioners are prohibited to conduct such techniques at any place, which is not registered under the Act. Regulatory The Act provides for the regulation of pre-natal diagnostic techniques. Prenatal diagnostic techniques may be used to detect genetic or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders. Prenatal Diagnostic Techniques may be employed only under specified condit ions by registered institutions9O The tests can only be carried out on women who are either over the age of thirty-five or O Have had two or more miscarriages or O Who have been exposed to radiation, infection, chemicals or drugs which are harmful to the foetus or O The pregnant woman has a family history of mental retardation or physical deformities such as spasticity or any other genetic disease or O Any other condition as may be specified by the Central Supervisory Board. It is very important to note that the Act permits use of such techniques provided the medical practitioner has explained all the known side and after effects of such techniques to the pregnant woman and more importantly, has obtained her written consent in the language she understands. 10 Persons working in the clinics, as well as women and their families who use the clinics or are liable for fines and imprisonment for violating the Act. 11 The Act provides for the construction of a Central Supervisory Board her ein after CSB, which shall be established to advise the government on policy matters relating to pre-natal diagnostic techniques to review the implementation of the Act and its rules and to recommend changes in the Act and its rules. 12 The CSB has been assigned a very important function of spreading public awareness against the practice of pre-natal determination of sex and foeticide. The CSB shall meet at least twice a year to review the functioning of the Act and make recommendations for its better implementation. 13An Appropriate Authority shall be appointed in States and Union Territories and regions wherein the authorities are empowered14 O To grant, suspend or cancel the registration of genetic counselling centres, laboratories and clinics and O Also to investigate complaints regarding breach of the provisions of the Act or the rules. The Act lays down prohibition on the issuance of advertisements15 relating to pre-natal sex determination by any person, organisation or instit utional and provides that any contravention/Violations of the same will entitle the offender a punishment of 3 years imprisonment and/ or Rs. 10,000/- fine for the first charge, this increasing to Rs. 50,000/- fine and 5 years imprisonment for a second charge. 16 But there are various loopholes in the Act, which has made it a failure to a great extent thus letting the demons of female foeticide/infanticide survive and flourishHence, the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 was passed to plug the loopholes. THE PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) AMENDMENT ACT, 2002 Objectives of the New Act The practices relating to female foeticide and techniques connected with the same are considered discriminatory to the female sex and not conducive to the dignity of the women. The proliferation of the technologies mentioned above may, in future, precipitate a catastrophe, in the form of severe imbalance in mal e-female ratio. The State is also duty bound to intervene in such matters to uphold the welfare of the society, especially of the women and children.Therefore, the government felt the necessary to enact and implement in letter and spirit a legislation to ban the pre-conception sex selection techniques and the misuse of pre-natal diagnostic techniques for sex-selective abortions and to provide for the regulation of such abortions. Such a law is also needed to uphold medical ethics and initiate the process of regulation of medical technology in the larger interests of the society. Accordingly, it is proposed by the government to amend the aforesaid Act with a view to banning the use of both sex selection techniques prior to conception as well as the misuse of pre-natal diagnostic techniques for sex selective abortions and to regulate such techniques with a view to ensuring their scientific use for which they are intended.The Amendment Act, 2002 seeks to achieve the aforesaid objects. Highlights of the New Act 1. The Act provides for the prohibition and regulation of SD techniques before or after conception. 17 2. For the words and brackets the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse), the words and brackets the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) shall be substituted. 18 This lays a lot of emphasis on the issue of female foeticide in particular. 3. Definitions of conceptus, embryo and foetus have been laid down specifically, which helps in determining the cause and stage of use of PNDT. 19 4. The Explanations added to Sec. (ii) in clause (d), (e) and (g) have enlarged the scope of the Act to include even the portable PNDT equipment/machinery. 20 5. Qualifications of a genetic has been upgraded. 21 6. Amendment of section 17 of the principal Act reads as follows (e) to take appropriate legal action against the use of any sex selection technique by any person at any place, suo motu or broug ht to its notice and also to initiate independent investigations in such matter This provision has given extra scope to the authorities for the utilisation of the powers to fulfil their duties. 7. Insertion of new section 17A. -After section 17 of the principal Act, the following section is proposed to be inserted, namely 17A. Powers of Appropriate Authorities. The Appropriate Authority shall have the powers in respect of the following matters, namely (a) summoning of any person who is in possession of any information relating to violation of the provisions of this Act or the rules made thereunder (b) production of any document or material object relating to clause (a) (c) issuing search warrant for any place suspected to be indulging in sex selection techniques or pre-natal sex determination and (d) any other matter which may be prescribed. . This provision is very much in tune with the objective of Section 17 (e). 8. Provision with regard to the advertisements has been made more s tringent. 22 9. Definitely, the strongest provision of the Bill is the new section 24, which if brought to effect shall wipe all doubts with regard to the application of penal provisions to women undergoing the PNDT tests. The rovisions has rightly identified the problems of women in the cases of PNDT as in most cases, women are forced to go for these test or to forgo their marital lives their homes, even their lives. 23 Drawbacks of the new Act I. Amendment of section 3. -In section 3 of the principal Act, for clause (2), the following clause shall be substituted, namely (2) No Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall employ or cause to be employed or take services of any person, whether on honorary basis or on payment who does not possess the qualifications as may be prescribed. The Section is negatively worded which gives a scope for the people specifically excluded in the provisions to take advantage of the loophole.Instead, if the provision was positively worded in the sense that it lad down as to who is eligible to carry the PNDT under the circumstances specified under the Act, it would have restrained anyone who is otherwise not specifically authorised to conduct such tests. II. Section 3B Prohibition on sale of ultrasound machine, etc. , to persons, laboratories, clinics, etc. , not registered under the Act. No person shall sell any ultrasound machine or imaging machine or scanner or any other equipment capable of detecting sex of foetus to any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other person not registered under the Act. Though this is a strongly worded Section, which aims at curbing the clandestine sale of the PNDT equipments, it suffers from a major drawback. The Act or he Section does to talk about the manufacturing of these equipments because since manufacturing is the first step towards the black-marketing and other misuses. As such, there have to be specific guidelines as to the manufacturing. The manufacturing license should be issued only to the Governmental Institutions so that the monitoring becomes so much easier because of the control that he Government can exercise over these institutions. Also very closely linked to above point is the licensing function. If licenses for prenatal diagnosis were granted only to government institutions, the task of vigilance would be further simplified.The ban on misuse of techniques for SD imposed upon government institutions has not been violated for the past 15 years. Also there is no provision to the effect that the registration of the portable PNDT machinery/equipments are also registered. III. Amendment of section 4. -In section 4 of the principal Act, for clauses (3) and (4), the following clauses shall be substituted, namely (3) No pre-natal diagnostic techniques shall be used or conducted unless the person qualified to do so is satisfied for reasons to be recorded in writing that any of the following conditio ns are fulfilled, namely The provisions of this section prima facie seem like a good provision but are a toothless one.The issue is that though citing a reason which satisfies the condition precedent laid down in the Act before the PNDT tests are conducted, the provisions misses out a crucial point. It does not mandate for the production of the documents to prove that the condition in fact, is satisfied and is very much in spirit wit the object of the Act. Also should be included in this provision the requirement t record al these documentary proof which shall be made available for verification by the CSB/SSB, etc. IV. Section 13 sub clause (vi) Any other condition as may be specified by the Board This provision gives a lot of discretionary powers to the Boards, which have to be curtailed in the form of the guidelines. V. Amendment of section 5. In section 5 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely (2) No person including the person conducting pre-natal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives or any other person the sex of the foetus by words, signs, or in any other manner. This provision has practical difficulties in terms of implementation. It is suggested by the author that a kind of code system be adopted whereby the tests which have satisfied the conditions of the Act be given a code number and sent for testing in a place which is authorised to conduct he tests for a particular area or region.This is to ensure that there exists no direct links between the family concerned and the medical practitioner who can convey the sex of the foetus, which might lead to the death of the foetus in case it turns out to be a female. This is because though the provisions bar the practitioner from conveying in any manner whatsoever, the proof that the same has not been conveyed cannot be assured. VI. Automatic suspension/cancellation from the Registry of Medical Pract itioners of the name of doctors found guilty by the court without referring the matter to the Medical Council. VII. Insertion of new section 16A. -After section 16 of the principal Act, the following section shall be inserted, namely 16A. Constitution of State Supervisory Board and Union territory Supervisory Board. (1) Each State and Union territory having Legislature shall constitute a Board to be known as the State Supervisory Board or the Union territory Supervisory Board, as the case may be, which shall have the following functions (10) In respect of matters not specified in this section, the State Board shall follow procedures and conditions as are applicable to the Board. There are no rules and regulations with regard to the powers of the Boards as to in what way the powers have to be synchronised to fulfil their duties and function as specified in the Act. Also, this Section suffers from a serious defect. That is the Section has adopted a very top-down approach, which has b een time and again proved to be ineffective and fruitless. Therefore, the approach should have bee a grass-root eve approach. This is even more applicable n the cases of PNDT because of the Act that a good chunk of cases are from rural areas which are very difficult to monitor and control.A Panchayat level machinery working hand in hand with local rural institutions like the Anganwadis and the school would be an idea way to tackle and combat the problem of PNDT. VIII. Also the Act has certain vague and ambiguous terms and expressions like eminent which are very problematic as to how they should be interpreted and put to use. IX. Punishable with imprisonment for a term, which may extend to three years and with fine which may extend to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees. The hike in the fines though would be applicable to the urban areas, its a mer e letter of black and white on the paper when it comes to the rural areas.The rural people who, more often than not are extremely poor, are in no position to pay those high fines, which makes the provisions a redundant provisions. Instead, thee ha to be a mechanism whereby these people can be sensitized to the problems associated with the girl child. It is the firm belief of the author that public awareness is a much better and powerful tool than mere fines, especially with regard to the rural poor. X. A major hurdle in the endeavor to prohibit sex determination and regulation of PNDT techniques is that there is no proper duty laid upon any of he authorities in the Act. There is no penalty attached for non performance of the duties- commission or omission- cast upon the authorities. Especially in the light of the fact that so far the CSB have never met regularly as per the provisions of the Act. XI. The Financial Memorandum affixed to the Bill with regard to the expenses falling und er Section 16 A of the Act has no regulation with regard to transparency, accountability, and regulatory body. This is very problematic and might just prove to be plunders paradise. 2 . 1 See, http//www. evesindia. com/health/features/reprod_health. html, visited on 10/10/02. 3 . 2 Id.. 4 . 3In one hospital, a study showed that out of 8,000 abortions performed, 7,999 were female foetuses.See Shailaja Bajpai, Indias Lost Women, World Press Rev. , Apr. 1991, at 49. Also see, Vidya Deshpande, Where have all the girls gone? , http//www. indianexpress. com/fe/daily/19991202/faf28033. html, visited 24/12/02. 5 . 4John F. Burns, India Fights Abortion of Female Foetuses, N. Y. Times, Aug. 27, 1994, at 5, available in LEXIS, News Library, Curnws File. 6 . 5Demographers pointing to such numbers have finally forced governments to take notice. Thus, Indias officials banned couples from using technical means to determine the sex of a foetus. The Sexes Disappearing Girls In China, I ndia and South Korea, A Gender Gap Causes Worries, Asiaweek, Mar. 3, 1995, at 32 7 . 6See India Bans Abortions of Female Fetuses Another Move to Help Protect Baby Girls, Chi. Trib. , Jan. 10, 1996, at 13, available in LEXIS, World Library, Allwld File. 8 . 7 Section 3. 9 . 8 Section 4(4) 10 . 9 Section 4 11 . 10 Section 5(1)(c) 12 . 11 See section 24. Common response to the Act has been If I do get arrested, Ill spend a couple of months in prison, but whats that compared to a lifetime of misery trying to bring up a girl? 13 . 12 Section 17 14 . 13 Section 18 15 . 14 Sections 20-21 16 . 15 Section 22 17 . 16 Section 23 18 . 17 The long title of the Bill that is proposed to substituted the present long title reads as follows An Act to provide for the prohibition of sex selection, before or after conception, and for regulation of pre-natal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormali ties or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for sex determination leading to female foeticide and for matters connected therewith or incidental thereto. 19 . 18 Amendment of section 1 of the Act. 20 . 19 4. Amendment of section 2. In section 2 of the principal Act, (i) after clause (b), the following clauses shall be inserted, namely (ba) conceptus means any product of conception at any stage of development from fertilisation until birth including extra embryonic membranes as well as the embryo or foetus (bb) embryo means a developing human organism after fertilisation till the end of eight weeks (fifty-six days) (bc) foetus means a human organism during the period of its development beginning on the fifty-seventh day following fertilisation or creation (excluding any time in which its development has been suspended) and ending at the birth 21 . 20 Explanation. For the purposes of this clause, Genetic Clinic incl udes a vehicle, where ultrasound machine or imaging machine or scanner or other equipment capable of determining sex of the foetus or a portable equipment which has the potential for detection of sex during pregnancy or selection of sex before conception, is used. 22 . 21 (g) medical geneticist includes a person who possesses a degree or diploma in genetic science in the fields of sex selection and pre-natal diagnostic techniques or has experience of not less than two years in any of these fields after obtaining (i) any one of the medical qualifications recognised under the Indian Medical Council Act, 1956 (102 of 1956) or (ii) a post-graduate degree in biological sciences. 23 . 22 Substitution of new section for section 22. -For section 22 of the principal Act, the following section shall be substituted, namely 22. Prohibition of advertisement relating to pre-conception and pre-natal determination of sex and punishment for contravention. (1) No person, organisation, Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, including clinic, laboratory or centre having ultrasound machine or imaging machine or scanner or any other technology capable of undertaking determination of sex of foetus or sex selection shall issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement, in any form, including internet, regarding facilities of pre-natal determination of sex or sex selection before conception available at such centre, laboratory, clinic or at any other place. See also, Substitution of new section for section 16. 24 . 23 Substitution of new section for section 24. For section 24 of the principal Act, the following section shall be substituted, namely 24. Presumption in the case of conduct of pre-natal diagnostic techniques. -Notwithstanding anything contained in the Indian Evidence Act, 1872, the court shall presume unless the contrary is proved that the pregnant woman was comp elled by her husband or any other relative, as the case may be, to undergo pre-natal diagnostic technique for the purposes other than those specified in sub-section (2) of section 4 and such person shall be liable for abatement of offence under sub-section (3) of section 23 and shall be punishable for the offence specified under that section.