Epidemiology of the Influenza Virus

Epidemiology of the Influenza Virus Hector Lucca Instructor: Leslie Greenberg The influenza virus, colloquially referred to as the flu, is a standout amongst the most well-known infectious processes in individuals of all ages and demographics. The central focus of this paper is to investigate the methodology of disease transmission for the influenza virus. To altogether comprehend the organism there are a few features to be examined. This includes identifying the virus itself through the distinguishing signs or symptoms, mode of transmission, complications and available means of treatment. The demographics affected will likewise be inspected through current information of mortality and morbidity, pervasiveness and rate of infection. An intensive examination will be made of the social determinants of health and how those components factor into the ailment along with the epidemiologic triangle in relation to the flu infection and the chain of contamination. Lastly the roles of the community health nurse and public aid as they relate to the treatment and response to the viral impact will be reviewed. The flu arrives in various outbreaks episodes of variable range yearly. To accurately describe Influenza we must incorporate details on what causes the infection. The flu is an intense respiratory disease brought about by influenza A or B infections, most often occurring during the span of the winter months. (CDC, 2015) The infection lives in the respiratory discharges of an infected individual and is spread through droplets caused by talking, hacking or wheezing. (CDC, 2015) These respiratory droplets then land in the mucous membranes of individuals close-by or are spread through a non-tainted individual touching a surface or article of clothing with the organism on it and after that touching their own eyes, nose, or mouth. (CDC, 2015) The virus can continue to shed for 5-10 days. (Dolin, 2015) The incubation period, from the time one is infected to displaying symptoms of infection is 2 days. (WHO, 2014) Signs and symptoms of influenza are a fever or feeling hot, coughing, sore thro at, runny nose, headaches, weariness, emesis, and loose bowels. (CDC, 2015) Complications of this seasons flu virus can include bacterial pneumonia, ear contaminations, sinus diseases, and dehydration. (CDC,2015) pneumonia is the most widely recognized complication and is more regular in those with debilitated and susceptible systems. (CDC, 2015) Prevention with inoculation is an effective way to fight infection and the complications that come with it. Treatment choices for most incorporates treating the symptoms; by resting, increasing intake of liquids, taking acetaminophen, and cough remedies. (CDC, 2015) Antiviral medicines, such as Tamiflu, can diminish the seriousness and length of time of symptoms by a day and this prescription is ordered in the off chance that you have had influenza symptoms for more than 48 hours and you have complications related to contracting the flu. The demographic of interest is juveniles and the elderly. Although death tolls related to Influenza contraction is â€Å"usually disproportionately higher among elderly individuals and infants during influenza epidemics, a shift in the age distribution are seen during pandemics.† (Dolin 2015) Nurses are at risk for infection as well. The World Health organization states that â€Å"vaccination is especially important for people at higher risk of serious influenza complications, and for people who live with or care for high risk individuals. High risk individuals are pregnant females, the young 6 months to 5 years, the elderly over 65 years of age, individuals with chronic conditions, for example, diabetes, and healthcare workers. (WHO 2014) As indicated by the Healthy People 2020 the social determinants of health are: Economic Stability Education Social and Community Context Health and Health Care Neighborhood and Built Environment. These determinants of wellbeing have an effect on the infection rate of flu. There has been broad research on how social and financial circumstance assumes a significant part in the general health status of an individual, family and the community at large. As indicated by the WHO there is a relationship between habitations in devastated or overcrowded neighborhoods and increased risk of poor health status results and transferrable illnesses. (WHO, 2014). Absence of access, or restricted access, to health resources enormously affects the individual’s wellbeing. Case in point, when people dont have health insurance, they are less inclined to take an interest in preventive care and are more prone to defer therapeutic treatment. The time of year or season is one of the greatest natural elements for influenza transmission in the United States. Regular occurrence of influenza happens predominately in the winter months from October to March. Individuals have a tendency to invest more energy inside and are exposed to a higher amassing of airborne viruses. Dry climate can dry out nasal passages which results in making them more vulnerable to airborne infections. Individual observation of infection precautions assumes a large part in community health management of infections. Case in point, if a man gets this seasons flu virus immunization his or her danger of getting the flu infection is significantly reduced. An individual has some control over how to decrease danger of this seasons flu virus by honing hand washing skills, covering the mouth when coughing and getting the prescribed measure of rest and reduction of every day stressors. The epidemiological triangle model for understanding and visualizing a transmittable illness depicts the communication of the agent, host and environment giving a visual guide in controlling and keeping the transmission at bay by disturbing the equalization of this triangle. The Influenza virus (A, B and C) is the causative agent. Human beings are the primary host of the flu infection. Viruses have a genetic core, yet no real way to replicate itself. The virus attacks a host cell and assumes control over the cells capacity to reproduce. Influenza viruses are very versatile and resilient. Low temperature and low humidity support drop transmission. This clarifies the rationale for the seasonal nature of the virus. In tropical climates flu infection rates are connected with increased precipitation. Individuals invest more energy inside during harsh weather and cool climate expanding human to human interactions, in turn increasing exposure to the beads which convey the influenza infectio n. The extremely immunocompromised can be contagious for a considerable length of time. The epidemiologic triangle is utilized to break the chain of the flu disease. Immunization makes the host less susceptible against the influenza infection, observing good hygiene breaks the chain of transmission from reservoir or tainted individual to the next host. (CDC 2014). The Institute of Medicine characterizes general wellbeing as what the general public does, by and large to guarantee the conditions in which individual can be healthy. (IOM n.d.). The Public Health Nurse is the foundation of the public health system’s framework. A nurse can use the epidemiologic triangle alongside the nursing procedure to lessen the effects and quantities of flu cases in their communities. The assessment phase is utilized to gather and dissect information about the flu infection and to distinguish community needs and accessible assets. Through the gathering and interpretation of information on the flu infection in the community the nurse has the capacity take part in flu case findings and serves to monitor trends. The diagnostic phase is the used to translate data and is the premise for execution of care and interventional planning. The nurse via home visits has the capacity identify and plan for strategies to overcome hindrances to vaccination such as cost an d accessibility of service. Primary prevention would incorporate instruction on cleanliness, how the viral infection is transmitted, and inoculation. Secondary prevention incorporates distinguishing those in the community who are infected and conceivably the of caring for the individuals who are at most serious risk for getting an secondary infection by administration of antiviral medication. There are various associations which advance flu awareness and prevention, an example of such an association would be the CDC. The CDC formed a program called The Influenza Division International Program, which works collectively with other international entities like The World Health Organization and others to develop the capacity to react to pandemic and seasonal flu outbreaks. The Influenza Division Internationals plan is to decrease the risk factors of individuals contracting the flu by giving individuals and the overall population including health care professionals about transmission precautions, populaces at risk and the significance of seasonal influenza immunizations. The CDC reduces the dangers of a pandemic, restrains the spread of pandemic and seasonal influenza through week after week observation and evaluation of data. Through the utilization of the epidemiologic triangle the CDC has the capacity to: distinguish new strains of the flu, focus variables influencing indivi dual to individual transmission, the directions of infection as it spreads at the worldwide and neighborhood levels, and team up with organization on general wellbeing measures to breaking the chain of transmission. The CDC can advance the treatment of patients by perceiving variables connected with pathogenesis and clinical seriousness. An impact can be made on the general wellbeing of the population on a local or global scale. History has demonstrated the potential the influenza virus has to be incredibly destructive and its ability to evolve keeps public health organizations in close observation, advancement of new immunizations, and training on all levels from healthcare workers, communities and the citizen. By using the epidemiologic triangle to map the influenza virus in order to give a more all encompassing picture of communicable disease, both the individual health care professional and the public health organization can help stem the tide against a potent viral agent. REFERENCES Center for Disease Control. (2015, April). RetrievedJune 20, 2015, from http://www.cdc.gov/vaccines/pubs/pinkbook/downloads/flu.pdf Dolin, R. (2015). UpToDate: Epidemiology of influenza, Retrieved June 20, 2015 from http://cursoenarm.net/UPTODATE/contents/mobipreview.htm?26/30/27119?source=see_link Public Health Institute of Medicine. Retrieved from http://www.iom.edu/Global/Topics/Public-Health.aspx Social Determinants of Health. (n.d.). Retrieved June 21, 2015, from http://www.healthypeople.gov/2020/topics-objectives/topic/social-determinants-health World Health Organization. (2014). WHO | The Determinants of Health. Retrieved from http://www.who.int/hia/evidence/doh/en/

Counter Terrorism Measures For Global Safety

Counter Terrorism Measures For Global Safety Terrorism has inflicted fear and panic on almost every corner of the globe. Due to the pain that it inflicts on people indiscriminately, the United Nations has taken the threat of terrorism seriously and is actively engaging all member nations to participate in counterterrorism efforts (United Nations [UN], 2008). The counterterrorism agenda is a priority one for the UN for many years now. Countering terrorism has been a difficult pursuit because it is immediately laden with ethical and moral issues. Due to terrorism targeting even innocent women and children and random civilians located at the wrong place and at the wrong time, many are tempted to pursue counterterrorism through the eye for an eye approach. However, doing this would make the counterterrorism efforts no less evil than the terrorists, so engaging in acts to combat terrorism must adhere to democratic principles (Steven Gunaratna, 2007). While terrorism has been a scourge for many decades now, the United States was for ced to combat terror more aggressively in the advent of the September 11 attacks which claimed the lives of thousands. Measures have been promulgated using various anti-terror approaches in order to protect civilians and to defend the world against terrorism (Bater, 2010). However, combating terrorism has become more difficult because the US is forced to deal not only with terrorists from overseas but even homegrown terrorists such as 19-year old Osban Muhamud who allegedly planted a bomb in a Christmas tree (Thomas, Goldman Ryan, 2010). Nine years after 9/11, the terror threat has not waned and resolving the threat of terror at home and abroad is far from over. Models and Measures of Counterterrorism There are three general models to combat terrorism. The first model, the criminal justice model (CJM), aims to combat terrorism while at the same time preserving fundamental human rights and democratic principles. The second model, the war model (WM), emphasizes on restraining terrorism itself than preserving democratic rights and places the state in a war-fighting mode to counter terrorism effectively. The third model integrates the previous two, called the expanded criminal justice model to provide greater flexibility in counterterrorism efforts (Steven Gunaratna, 2004). These models also reflect current counterterrorism measures recommended by the UN and its member nations, chiefly the United States (Department of Homeland Security [DHS], 2008). Due to the fact that terrorists operate at various levels, whether political, legal, economic, military, and through the media, efforts to combat terrorism also encompass these areas (UN, 2008). Political Measures: Political strategies in combating terrorism require that states address the root causes of terrorism in their respective countries. Terrorists legitimize their violent acts as a response to poverty, unemployment, and other socio-political programs. Political measures to counter terror require that states negotiate with terror groups and making small concessions with them. The danger with this strategy is that it gives terrorist groups legitimacy and may even encourage other groups to resort to terrorism in order to achieve their political goals and demands. Nonetheless, some governments have addressed terrorism by using poverty-reduction programs, employment and livelihood activities, land redistribution, and offering amnesties (UN, 2008). Punitive Measures: Punitive measures are aimed at severing a terrorist groups lifeline by cutting off its finances and other resource-generating capabilities (DHS, 2008). This involves banning fund-raising initiatives of known front organizations of terrorist groups. Other punitive measures that are used in many include freezing assets of known front organizations or of key leaders, boycotting countries found to harbor terrorists, and placing economic sanctions, as in the case of Iran and Iraq. Judicial Measures: Judicial measures consider international human rights law and enact legal measures to prevent terrorism. This includes ratification of international conventions or regional agreements relating to the extradition, prosecution, and mutual legal assistance to facilitate the capture of terrorists. Although this measure is the most democratic form of counterterrorism, it presents many problems such as the possibility of nations refusing to cooperate where the legal systems are not compatible and the refusal to prosecute suspected terrorists out of fear of retaliation. Legally, prosecuting terrorists is a challenge given the non-uniform definition of terrorism among countries (Steven Gunaratna, 2004). Intelligence gathering: The lapses of 9/11 brought several measures to strengthen intelligence in the United States. One of the earliest measures undertaken was the passage of the controversial Patriot Act which reduced the limitations that law enforcement agencies were subject to in terms of searching email, telephone, medical, financial, and professional records (The Investigative Project on Terrorism, 2008). The Act also reduced the restrictions of the US when gathering information on other countries. The law also amended the definition of terrorism to encompass domestic terrorism, thus, expanding the powers of law enforcement agencies to combat terrorism. The law came under fire from civil rights groups and enhanced fears regarding breach of privacy and increasing surveillance powers of the government (Bater, 2010). Military Response: The use of military for retaliatory response is an application of the war model whereby civilian legal systems are temporarily suspended in favor of martial law (UN, 2008). The military response is a controversial measure in terms of international law. It poses the likelihood of alienating the public and giving the terrorists hero status; moreover, military response can be interpreted acts of aggression and heighten anti-US sentiment, making the capture of terrorists more difficult (The Investigative Project on Terrorism, 2008). Conclusion Different models and approaches to counterterrorism have been applied by the United States and members of the United Nations. While each have its advantages in zeroing in on terrorists and preventing the further loss of life, certain democratic rights and ethical issues make such measures precarious and difficult. This is because any effort to weed out terrorism must be balanced against international norms on human rights and democratic freedoms.

America: The Modern Day Athens :: essays research papers

America: The Modern Day Athens "We do not copy our Ancestors, but are an example to them. It is true we are called a Democracy, for the administration is in the hands of the many and not in the few. " This is the foundation for which democracy is ruled. Without this democracy does not exist. In this essay there will be comparisons of Athenian democracy and our modern day democracy Greece, in ancient times, was not a united land. There existed many little provinces of control, called city-states. Two examples of the more powerful and lasting city-states were Sparta and Athens. Sparta, whose people lived an austere and militaristic form of life, based its government on the needs of the army which things centered around this. Athens, another powerful city-state, developed a more balanced life for its citizens. Central to this development was the rise of democracy. Called the "cradle of democracy," Athens developed a direct democracy. Those citizens that were eligible could speak at forums and vote on issues. These people were known as the Council of 500; they were chosen annually. To be elected they had to be at least 25 years of age and a citizen. They directly had a voice. This is why Athens is an example of a direct democracy. A point should be made here that Athens, for all its noble ideas about men being able to govern themselves, excluded most of the people that lived within its cities walls. Women, for example had no say in government. They were subjected to running the homes, raising children, and tending to the needs of their husbands. Slavery, which existed in Athens, also caused a blot on the noble experiment of democracy. Slaves had no vote, no participation in government, and no recourse from a cruel master. Athenian government relied upon direct democracy to raise taxes, make laws, and gather armed forces when necessary. The American experiment in democracy differs significantly from the Athenian form of government. America utilizes a representative form of democracy. Because of the huge population, when compared to Athens, a direct democracy is impractical. Americans vote for representatives to the Legislative and Executive branches of government. It is hoped by the citizen that the representatives that are elected protect their constituents interests. There are, however, some dark spots on our form of government. Like the Athenians, America did not grant slaves the right to vote. It took a Civil War that nearly destroyed our nation before slavery was abolished and that portion of the population could have a say in our government. Additionally, women, who

Educating Rita :: essays research papers

In Willy Russel’s play "Educating Rita," some marks of a love story are to be noticed between both characters. They each show marks of affection for each other. The main aspect of a love story is to have two characters of opposite sex, being attracted to one another. The attraction of two people especially deals with having a relationship. In "Educating Rita," this is not the case because only the male character is attracted to the female. In a love story, both characters are dependent on each other. They cannot live without their mate. At the beginning of the play, Rita is dependent on Frank, although she is not attracted to him. "What do you want to know? – Everything." Later on however, she becomes independent, and does not need him to live with. This point in the play divides the love in the story since Rita does not see Frank as often, and seems to care less about him. Throughout the play, Frank has the completely opposite aspect. He doesn’t need her at the beginning, only giving her literature lessons, and after a while, feels very attracted to her and will find it extremely hard to keep on living without her. "Rita. Don’t go." In the beginning of the play, both characters start out living with someone else. Rita is married and lives with her husband, and Frank lives with his girlfriend. This is unusual, because a love story never starts this way. In a love story, the couple usually agrees on every point discussed, however not always, or generally shares all of their common interests. These two characters do not share all the same common interests. One loves the drink, the other hates it. "Y’ wanna be careful with that stuff, it kills y’ brain cells." A perfect example of a love story is "Sleeping Beauty." The two main characters contain all of the characteristics to make a perfect couple. "Romeo and Juliet" is also a very good love story, however ending in a tragedy. In "Educating Rita," the two characters only present a few of these attributes. The first time that Rita meets Frank, she tells him everything that passes through her mind. She talks about her problems and her future, and tries to learn the most she can about her teacher. Frank respects Rita very much because she tells him everything. He admires her for that quality that he has never seen in any other person.

Literature and the Industrial Revolution :: essays research papers

In the Industrial Revolution poetry advanced and Romanticism began. Romanticism started in the 18th century and was said to be influenced by the French and Industrial Revolution. People decided to rebel against the political and social rules of their time and started a new trend of art. It conveyed dramatic subjects perceived with strong feelings and imagination. William Blake was a poet commonly connected with Romanticism. He led strong beliefs that were occasionally mentioned in his work. One was that everyone is equal and is mentioned in 'All Religions Are One': "As all men are alike (tho' infinitely various)" He based most of his works in the style of Romanticism - Blake wrote from the heart, he let his thoughts and beliefs take over. Some of Blake?s poems include ?London? and ?The Lamb? William Wordsworth, like Blake, was linked with Romanticism. In fact, he was one of the very founders of Romanticism. He wrote poems are about nature, freedom and emotion. He was open about how he felt about life and what his life was like. Also, Wordsworth wrote poems about the events going on around him ? for instance the French Revolution. Mainly, Wordsworth wrote about nature, however, rarely used simple descriptions in his work. Instead, Wordsworth wrote complexly, for example in his poem ?Daffodils?. Percy Bysshe Shelley, John Keats, George Gordon Byron and Samuel Taylor Coleridge were all poets in the Romantic era. They all had a love of their country and wrote about nature and revolution in some of their poems. Shelley wrote many plays, some of which were Romantic and some about the French Revolution (as Shelley had experienced the French Revolution in his lifetime). This allowed him to state deep,

Hindu Women and Their Coparcenary Rights

NATIONAL LAW INSTITUTE UNIVERSITY BHOPAL VI TRIMESTER FAMILY LAW – II HINDU WOMEN AND THEIR COPARCENARY RIGHTS SUBMITTED TO – SUBMITTED BY – Ms. Kavita Singh Archana 2011 B. A. ,LL. B 79 VI Trimester INDEX SERIAL NUMBER |HEADINGS |PAGE NUMBER | |(1) |INTRODUCTION |3 | |(2) |TRADITIONAL POSITION |4 | |(3) |DAYABHAGA COPARCENARY SYSTEM |4 | |(4) |MITAKSHARA COPARCENARY SYSTEM |4 | |(5) |MARUMAKKATTYAM LAW |5 | |(6) |POSITION OF WOMEN UNDER CONSTITUTION |6 | |(7) |CONCEPT OF COPARCENARY AND JOINT PROPERTY |7 | |(8) |PARLIAMENTARY DEBATE |7 | |(9) |SECTION 6 OF HINDU SUCCESSION ACT |8 | |(10) |NEW COPARCENARY UNDER STATE ACTS 10 | |(11) |WOMAN AS KARTA |12 | |(12) |JUDICIAL INTERPRETATION |13 | |(13) |PROBLEMS OF COPARCENARY RIGHTS OF WOMEN |14 | |(14) |RECOMMENDATIONS |15 | |(15) |CONCLUSION |16 | |(16) |BIBLIOGRAPHY |17 | INTRODUCTION The Constitution of India provides that every person is entitled for equality before law and equal protection of the laws and thereby prohibits discrimination on the basis of caste, sex and creed.The discrimination on the basis of sex is permissible only as protective measures to the female citizens as there is need to empower women who have suffered gender discrimination for centuries. Since time immemorial the framing of all property laws have been exclusively for the benefit of man, and woman has been treated as subservient, and dependent on male support. The right to property is important for the freedom and development of a human being. Prior to the Hindu Succession Act, 1956 shastric and customary laws that varied from region to region governed Hindus and sometimes it varied in the same region on a caste basis resulting in diversity in the law. Consequently in matters of succession also, there were different schools.The multiplicity of succession laws in India, diverse in their nature, owing to their varied origin made the property laws even mere complex. The ultimate sufferers of these complexities are women as their position regarding property rights is vulnerable in a coparcenary system. In our project we are trying to analyze the discrimination against women under Hindu Succession Act, 1956. The paper begins with a study of devolution of property in various traditional schools. It then proceeds to analyze the position of women in the Constitution of India. The focus of this paper is on the concept of coparcenary and the inherent discrimination meted on the women by depriving them proprietary rights in the Hindu Succession Act, 1956.Finally, we have analyzed the new notion of coparcenary under various State amendments and the pros and cons of these amendments in the light of right to equality guaranteed under the Constitution of India. TRADITIONAL POSITION The entire concept of coparcenary originates in the Classical Hindu law, so it becomes imperative to understand the position under these traditional schools before we proceed further – THE DAYABHAGA COPARCENARY SYST EM The Dayabhaga School is followed in primarily in West Bengal, Bihar, Assam and parts of Orissa. According to this school neither son nor daughter gets by birth or by survivorship a right in the family property, though joint family and joint property is recognized in this school.It lays down only one mode of succession and the same rules of inheritance apply whether the family is divided or undivided and whether the property is ancestral or self-acquired. In this school neither sons nor daughters become coparceners at birth nor do they have rights in the family property during their father's lifetime. However, on his death, they inherit as tenants-in-common. It is a remarkable feature of the Dayabhaga School that the daughters also get equal shares along with their brothers. But, since this ownership arises only on the extinction of the father's ownership none can compel the father to partition the property in his lifetime and the latter is free to give or sell the property withou t their consent.Therefore, under the Dayabhaga law, succession rather than survivorship is the rule. If one of the male heirs dies, his heirs, including females such as his wife and daughter would become members of the joint property, not in their own right, but representing him and manage the property on behalf of the other members in the Dayabhaga School. MITAKSHARA COPARCENARY SYSTEM The Mitakshara law is followed extensively in India. According to this school, a son by birth acquires a right and interest in the joint family property. But, the interest in the property is restricted to three generations of male lineal descendants, which includes son, grandson and the great grandson.These three constitute a class of coparceners, based on birth in the family. Under the Mitakshara system, joint family property devolves by survivorship within the coparcenary. This means that with every birth or death of a male in the family, the share of every other surviving male either gets diminish ed or enlarged. For example, if a coparcenary consists of a father and his two sons, each would own one third of the property. If another son is born in the family, automatically the share of each male is reduced to one fourth. But, no female is recognized as a member of the coparcenary in Mitakshara law. We find many variations of this school in different parts of India.According to the Bengal, Banaras and Mithila sub- schools of Mitakshara recognise five female relations—  widow, daughter, mother, paternal grandmother, and paternal great-grand mother as being entitled to inherit. [1] The Madras sub-school recognized the heritable capacity of a larger number of females including the son’s daughter, daughter's daughter and the sister’s heirs who are expressly named as heirs in Hindu Law of Inheritance (Amendment) Act, 1929. [2] The son's daughter and the daughter's daughter ranked as bandhus in Bombay and Madras. The Bombay school which is most liberal to wome n, recognizes a number of other female heirs, including a half sister, father’s sister and women married into the family such as stepmother, son's widow, brother’s widow and also many other females classified as bandhus. THE MARUMAKATYAM SYSTEMThis system prevailed in Kerela wherein the family was joint and a household consisted of the mother and her children with joint rights in property. The lineage was traced through the female line i. e. matrilineal. The joint family so formed is known as Tarwad. In this system both male and females are equally the members of joint family. Son be the member of mother’s coparcenary but son’s son would not be the member of this system. He will be member of his mother’s Tarwad. Here both male and female accrues interest in property. This system explains how traits moved towards matriarch cal from patriarch cal. However, joint family system in Kerela are abolished by Kerela Joint Family Abolition Act.But even today at some places customary law governs. THE POSITION OF WOMEN UNDER THE CONSTITUTION OF INDIA The framers of the Indian Constitution have taken special care to ensure that the State should take positive steps to give women equal status with men. Articles 14, 15(2), (3) and Article 16 of the Constitution of India, attempt not only inhibit discrimination against women but in appropriate circumstances provide a free hand to the State to provide protective discrimination in favour of women. Also Part IV of the Constitution which contains the Directive Principles of State Policy interalia provides that the State shall endeavor to ensure equality among individuals[3].Notwithstanding these Constitutional mandates and directives, a woman is still neglected and the rights of the women is blatantly disregarded by some of the provisions of personal laws like the inherent discrimination and inequality in the Mitakshara coparcenary under Section 6 of the Hindu Succession Act, 1956. But, to say th at coparcenary rights under Mitakshara system violates Article 14 raises an important question- Does â€Å"laws in force† in Article 13(1) of the Constitution include personal laws? The Apex Court has yet to give a definitive view on this point. But in State of Bombay v Narsu Appa Mali[4] the Bombay High Court took the view that the term â€Å"laws in force† includes only laws passed or made by legislature or other competent authority and does not include personal laws.But in the Supreme Court in Sant Ram v Labh Singh[5] and in Shri Krishna Singh v Mathura Ahir[6] has accepted the contrary. But, Seervai is of the opinion that- â€Å"We have seen that there is no difference between the expression ‘existing law’ and the ‘law in force’ and consequently, personal law would be ‘existing law’ and ‘law in force’. This consideration is strengthened by the consideration that custom, usage, and statutory law are so inextricabl y mixed up in personal law that it would be difficult to ascertain the residue of personal law outside them†[7] THE CONCEPT OF COPARCENARY AND JOINT PROPERTY In the Hindu system, ancestral property has traditionally been held by a joint Hindu family consisting of male coparceners.Coparcenary can be defined as a narrower body of persons within a joint family and consisting of father, son, son's son and son's son's son. Ancestral property continues to be governed by a wholly partrilineal regime like the Mitakshara school, wherein property descends only through the male line as only the male members of a joint Hindu family have an interest by birth in the joint or coparcenary property. Since a woman cannot be a coparcener, she is not entitled to a share in the ancestral property by birth. But a son's share in the property would increase in case the father dies interstate would be in addition to the share he has on birth.This is a clear discrimination against women. PARLIAMENTARY DEBATE ON THE ADOPTION OF MITAKSHARA COPARCENARY SYSTEM The  provisions regarding succession in the Hindu Code  Bill, as  originally  framed  by  the  B. N. Rau  Committee  and piloted   by   Dr. Ambedkar,  Ã‚   was  Ã‚   for  Ã‚   abolishing  Ã‚   the Mitakshara   coparcenary with its concept of survivorship   and the son's right by birth in a joint family   property and substituting it with the principle of inheritance by succession. These proposals met with a storm  of conservative opposition. The  extent  of  Ã‚   opposition within the government itself can be gauged from   the   fact   that   the   then   Law Minister Mr.Biswas, on the floor of the house, expressed   himself against   daughters   inheriting property from their natal   families. Sita Ram S Jajoo from  Madhya  Bharat, identified  the  reason for the opposition accurately,  when he stated:   â€Å"Here we feel the  pinch  because it t ouches our   pockets. We male members of this house are in a huge majority. I do not wish that the  tyranny  of the majority may be imposed on the minority, the female members of this house. â€Å"[8] However, the majority   prevailed when the Bill was finally passed in 1956. When Dr. Ambedkar was questioned as to how the provisions relating to coparcenary was retained in spite of strong opposition he said:   â€Å"It was not a compromise.My enemies combined with my enthusiastic supporters thought that they  might damn the Bill by making it appear worse than it was. [9] By the retention of the Mitakshara coparcenary without including females it meant that females cannot inherit ancestral property as males do. If a joint family gets divided, each male coparcener takes his share and females get nothing. Thus the law by excluding the daughters from participating in coparcenary ownership not only contributed to an inequity against females but has led to oppression and nega tion of their right to equality and appears to be a mockery of the fundamental rights guaranteed by the Constitution. [10] SECTION 6 OF THE HINDU SUCCESSION ACT, 1956.Section 6 deals with the devolution of interest of a Hindu male in coparcenary property and recognizes the rule of devolution by survivorship among the members of the coparcenary. The provision relating to co-parcenary property in the Hindu succession Act 1956 is Section 6 which provides that if a male Hindu dies leaving behind his share in Mithakshara Co-parcenary property, such property will pass on to his sons, son’s son’s, son’s son’s son by survivorship, on surviving members. In case there are female relatives like daughter, widow, mother, daughter of predeceased son daughter of predeceased daughter widow of predeceased son, widow of predeceased son of a predeceased son, then the interest of the deceased co-parcenary will pass on to his heirs by succession and not by survivorship.Exampl e: If â€Å"c† dies leaving behind his two sons only, and no female heirs of class I then property of â€Å"C† passes to his sons by survivorship since there are no female relatives like daughter or any other member specified in the class I of first schedule. In case â€Å"C† dies leaving behind two sons and three daughters, then property of â€Å"C† will pass on to his sons and daughters by succession in the following manner. Firstly property of â€Å"C† is divided among â€Å"C† and his two sons. The shares of â€Å"C† and his two sons are C gets one-third and each son one-third. The sons are entitled to the equal share of the property along with the father. But the daughters are entitled to the share in the share of the deceased â€Å"C† along with other sons.So the sons will get one-third of the property and a share, which is one-fifth in the share of deceased â€Å"C†. Even under the Hindu Succession Act, 1956 the d aughter does not take equal share with the son. The law by excluding daughter from participating in the coparcenary ownership not only contributes to her discrimination on the ground of gender but also has led to oppression and negation of her fundamental right of equality guaranteed in the Constitution having regard to the need to render social justice to women. HINDU SUCCESSION (AMENDMENT) ACT, 2005 W. R. T SECTION 6 Considering the Principle of Equality under The Constitution, Hindu Succession (Amendment) Act, 2005 came up.According to amendment, the daughter of a coparcener shall- 1) By birth become a coparcenary in her own right in the same manner as the son; 2) Have same rights in the coparcenary as she would have had if she had been a son; 3) Be subject to same liabilities in respect of the said coparcenary property as that of a son, 4) She is allotted the same share in property as that to son. And any reference to Hindu Mitakshara coparcener shall be deemed to include a refe rence to a daughter of a coparcener. Now the mode of devolution is no more survivorship but has become succession. This is a drastic amendment, which has changed the whole scenario. Now women are not anyway unequal to men. This is a step taken to bring them at par with men in this society. NEW COPARCENARY UNDER STATE ACTSThe concept of the Mitakshara coparcenary property retained under Section 6 of the Hindu Succession Act has not been amended ever since its enactment. But, five states in India namely, Kerela, Andhra Pradesh, Tamil Nadu, Maharashtra and Karnataka[11] have taken cognizance of the situation an have made necessary amendments. As per the law of four of these states,   (Kerela excluded), in a joint Hindu family governed by Mitakshara law, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son. Kerela, however, has gone one step further and abolished the right to claim any interest in any property of an ancestor du ring his or her lifetime founded on the mere fact that he or she was born in the family.In fact, the Kerela Act has abolished the Joint Hindu family system altogether including the Mitakshara, Marumakkattayam, Aliyasantana and Nambudri systems. In Kerela the joint tenants has been replaced by tenants in common. The approach of the Andhra Pradesh, Tamil Nadu, Maharashtra and Karnataka state legislatures is, strikingly different from that of Kerela and these states instead of abolishing the right by birth strengthened it, while broadly removing the gender discrimination inherent in Mitakshara coparcenary. The broad features of the legislations are more or less couched in the same language. The State enactments in these four states provide that— a) the daughter of a coparcener in a Joint Hindu Family governed by Mitakshara law, shall become a coparcener by birth in her own right in the same manner as the son and have similar rights in the coparcenary property and be subject to s imilar liabilities and disabilities; (b) On partition of a joint Hindu family of the coparcenary property, she will be allotted a share equal to that of a son. The share of the predeceased son or a predeceased daughter on such partition would be allotted to the surviving children of such predeceased son or predeceased daughter, if alive at the time of the partition. (c) This property shall be held by her with the incidents of coparcenary ownership and shall be regarded as property capable of being disposed of by her by will or other testamentary disposition. (d) The state enactments are prospective in nature and do not apply to a daughter who is married prior to, or to a partition which has been effected before the commencement of the Act.In Kerela Section 4 (i)[12]of the Kerela Joint Family System (Abolition) Act, lays down that all the members of a Mitakshara Coparcenary will hold the property as tenants in common on the day the Act comes into force as if a partition had taken pla ce and each holding his or her share separately. But the major criticism against the Kerela model is that if the Joint family was abolished today in the other states then a deemed partition would take place and women not being coparceners would get nothing more. Whereas if they are made coparceners, then they become equal sharers. WOMEN AS KARTA The law commission has rightly observed that although the Hindu Succession (State Amendment) Acts have conferred upon the daughter of a coparcener status but there is still reluctance to making her a Karta.This is because of the general male view that she is incapable of managing the properties or running the business and is generally susceptible to the influence of her husband and his family, if married. This seems to be patently unfair as women are proving themselves equal to any task and if women are influenced by their husbands and their families, men are no less influenced by their wives and their families. If women can act as coparcena ries then they must also be given the powers of Karta. The shastra is clear that in the absence of senior member a junior member (if he has reached the age of legal competence) may incur debts for the needs of the family, and in the absence of a male member a female member may do so[13].The Sanskrit texts empower women to act, as Karta in instances like when the husband is away or missing or the son is yet to attain majority. Various texts go to prove that the ‘women in defacto is independent; as soon as her husband returns or her son attains majority she becomes dependant, but meanwhile the responsibility rests with her, and the powers should be obviously be allowed to her accordingly’. [14] It is ridiculous to contend that a lady may be fit to be a High Court Judge she is not entitled to exercise within her own family the discretion that a manager can exercise. [15]  Ã‚   JUDICIAL INTERPRETATION There are conflicting opinions of the various High Courts on the questi on of women coparcenary and thus a Karta.The matter for the first time came up before a full Judge Bench of the Nagpur High Court in Kesheo v Jagannath[16] where it was held that â€Å"any adult member may be the manager of the joint family, and in case of a need a step mother could bind her step son, who was a minor, by alienation of the joint Hindu family property in whatever character she purported to act†. The next case that dealt with this problem was Hanooman Prasad’s Case[17] where the powers of the widow mother as a manager of the property of her minor son was discussed. The Court in this case held that â€Å"the test of the lady’s act was not who she was or in what capacity she purported to act? But whether the act was necessary or the minor’s interest as understood by law†.The same view was followed in Pandurang Dohke v Pandurang Garle[18], where the widowed mother passed a promissory note for necessity, as a guardian of her two minor son s. She was a defacto manager and was held to have the managerial powers and the sons could not repudiate the debt. The view of female being the manager of the Joint Hindu family was further strengthened when the Woman’s Right to Property Act, 1937 was passed, which made the widow the owner of the coparcenary interest. But the Madras High Court in- Seethabai v Narasimha[19] gave a contrary decision. In this case the widows claimed that they were the undivided members of the coparcenary by virtue of the operation of the Act of 1937, they objected to the appointment of the guardian for the property of the minor sons.The Court appointed one widow, as the guardian of one minor and a stranger was appointed as the guardian of the other. None of the widows, it was held could be the manager. It was held that to be a manager one must be a pukka coparcener, a male with a birth right and not a mere statutory interest. This decision took a step back and adversely affected the position of women. The similar strand of thought was followed in Mayuri Padhano v Lokananidhi Lingaraj[20] where it was held that a mother, when the husband is alive, couldn’t be a manager. She might indeed act as a guardian of her son, if her husband was dead and perhaps act as a defacto guardian. But as a manager she had no power whatsoever.The principle that a woman could be a manager was decisively rejected. The High Court of Patna has asserted the same view in Sheogulam v Kishan Choudhuri[21], it was denied that a mother of a minor son, during the long absence of her husband might act as a ‘Karta’ and incur debts for family purposes and further that such loans would not be binding up on the family. The matter finally came up before the Hon’ble Supreme Court in Commissioner of I. T. v Seth Govindram Sugar Mills[22], where it upheld the view taken by the Madras High Court and has overruled the decision of Nagpur High Court as they felt that it was contrary to the e stablished rules in the dharmashashtras. SUCCESSION TO PROPERTY OF FEMALE HINDUFor the first time in the Indian History U/S 14 of the Hindu Succession Act 1956, female Hindu is given absolute ownership over the property acquired by Will, sale or by any other lawful means. So far as succession to property of female Hindu is concerned the daughter, son, and the husband takes equal share by succession, which means while she is living no member can demand partition of the property. She can dispose the property either by will or by sale, if she dies without disposing the property then members gets right to inherit the property by succession. Section 15 of the Hindu Succession Act deals with the devolution of the property owned by Hindu female.If the Hindu female has inherited any property from her father or mother, such property devolves upon the heirs of her father, if there are no legal heirs, which are specified in Section 15, like son, daughter, children of predeceased son or daughte r. Likewise if the Hindu female has inherited any property from her husband or father in law, such property will devolve on the heirs of her husband if there no legal heirs like son, daughter, and children of predeceased son or daughter. DWELLING HOUSE But in case of dwelling house, the daughter U/S 23 of the Hindu Succession Act 1956, cannot claim any share by partition until male members choose to divide the share in the dwelling house. In case the daughter is unmarried, she is entitled to a right of residence there in.The daughter may loose her right to share in the property in any of the following circumstances: Section (26) – if daughter ceases to be a Hindu by converting to another religion. Section (25) – if daughter commits murder or abets the commission of murder of a person whose property she could have inherited. However she will not be disqualified to inherit the property only by reason of any disease, defect or deformity. PROBLEMS BY GIVING COPARCENARY RIG HTS TO WOMEN 1) Male members of the coparcenary oppose the giving of coparcenary rights to women as they are the one who manage the property. 2) Women after marriage have to change their family relations and they support their husbands in amily matters, which is quite unsatisfactory for the maternal family members. CONCLUSION There will no doubt be opposition in implementation. In fact, the land fragmentation and joint family stability arguments go back to the 1940s when the Hindu Code was being debated. Changing social attitudes takes time. Legal awareness will require a campaign too. But legal reform is also important in and of itself since it reflects our vision of the kind of society we want. BIBLIOGRAPHY 1) Deewan Paras, Family Law, Allahabad Law agency 6 ed. 2) www. google. com 3) www. yahoo. com ———————– [1] Mulla, Principles of Hindu Law 17th ed by S. A. Desai, p. 168. (1998) [2] Ibid. 3] Article 38(2) – The Stat e shall strive to minimize the inequalities in income, and endeavor to eliminate inequalities in status, facilities and opportunities, not only among individuals but also amongst groups of people residing in different or engaged in different vocations. [4] AIR 1952 Bom 84. [5] AIR 1965 SC 314. [6] (1981) 3 SCC 689. [7]Seervai, H. M, Constitutional Law of India 4th edn. , p 677 (1991). [8] The Constituent Assembly of India (Legislative) Debates Vol. VI 1949 Part II. [9] Ibid [10] Law Commission of India 174th report on ‘Property Rights of Women: Proposed Reforms under the Hindu Law’, May 2000. [11] The Kerela Joint Family System (Abolition) Act, 1975; The Hindu Succession (Andhra Pradesh Amendment)Act, 1986; The Hindu Succession (Tamil Nadu Amendment)Act, 1989; The Hindu Succession (Maharashtra Amendment)Act, 1994; The Hindu Succession (Karnataka Amendment) Act, 1994 12] The Kerela Joint Family System (Abolition) Act, 1975- S (4) Joint tenancy  to be replaced by tenanc y in common —  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚   (1) All members  of  an  undivided  Hindu family  governed  by  the  Mitakshara law holding any coparcenary property  on  the day this Act comes into force shall with effect from that day, be deemed   to   hold it as tenants-in-common as if a partition had   taken place among all the members of that undivided Hindu family   as   respects such   property and as if each one of them is holding his or her share separately as full owner thereof; Provided that nothing in this sub-section shall affect the right to maintenance  or the right to marriage or funeral expenses out  of  the  coparcenary property or the right   to   residence,   if   any,   if  Ã‚   the members   of   an   undivided   Hindu family, other   than   persons   who  Ã‚   have  Ã‚   become entitled to hold their shares separately, &   any such right can be enforced if this Act had not been passed. 2) All members of a joint Hindu family, other than an undivided Hindu family referred to in sub-section (1), holding any joint family property on the day of this Act comes into force, shall, with effect from that day be deemed to hold it as tenants-in-common, as if a partition of such property per capita had taken place among all the members of the family living on the day aforesaid, whether such members were entitled to claim such partition or not under the law applicable to them, and as i. e. each one of the members is holding his or her share separately as full owner thereof. [13] 17 Derret, J Duncan, â€Å"May a Hindu Women be the Manager of a Joint Family at Mitakshara Law†, Bom. L. R.. , J. ,   p. 42. [14] Derret, J Duncan, â€Å"May a Hindu Women be the Manager of a Joint Family at Mitakshara Law†, Bom. L. R.. , J. ,   p. 42. [15] Derrett, J Duncan, ‘A critique of Modern Hindu Law’, 1st edn. , NM Tripathi Pvt Ltd, Bomba y (1970). [16] [1926] AIR Nag. 81 [17]Hanooman Prasad Pandey V. Musumoot Baboee (1856) [18] [1947] AIR Nag. 178 [19] AIR 1945 Mad. 306 [20] [1956] AIR Ori. 1. [21] [1961] AIR Pat. 212. [22] AIR 1966 SC 24.

Poetry Anthology on John Brereton

POETRY ASSIGNMENT ?Biography John Le Gay Brereton was born in Sydney, Australia, on the 2nd of September 1871. He was the fifth son of John Le Gay Brereton (snr), a doctor, and his wife Mary Tongue. His parents and family life impacted greatly on his view of the world, distorting it from the views of the norm of the times. John senior was also a poet, and published several volumes of poetry. John junior went to school at Sydney grammar school, and was just 15 when his father died in 1886. John moved on to study at the University of Sydney, and graduated with a bachelor of Arts in 1894.John was the editor of many newspapers, including his school paper, as well as the university paper: Hermes, and after 1890, John was a regular contributor to the Sydney quarterly magazine. Through his press ties, his poetry and literature became better known than that of most poets of the era. John produced his first poetry anthology in 1896, titled: the song of brotherhood and other verses. John produ ced another anthology in 1897 titled: sweetheart mine: lyrics of love and friendship. The year 1900 saw John marry Winifred Odd. In 1902, John returned to the university of Sydney, as the librarian’s assistant.He was known among the students and staff at the university to defy the way of the time by never wearing a top hat. In 1908, john published his 3rd volume of poetry titled: sea and sky. Another volume followed after the first world war, in 1919, titled: the Burning Marl. 2 years after releasing his fourth volume, he was appointed professor of English at the University of Sydney. John produced his final volume: Swags up! In 1928, and produced a series of autobiographical essays in 1930. In 1993 John went on holiday in Tamworth, and died there whilst still on holiday. John died friends with more widely known poets such as Henry Lawson.John’s wife and 4 children all survived him. Anthology ANZAC Within my heart I hear the cry Of loves that suffer, souls that die, An d you may have no praise from me For warfare’s vast vulgarity; Only the flag of love, unfurled For peace above a weeping world, I follow, though the fiery breath Of murder shrivel me in death. Yet here I stand and bow my head To those whom other banners led, Because within their hearts the clang Of Freedom’s summoning trumpets rang, Because they welcomed grisly pain And laughed at prudence, mocked at gain, With noble hope and courage high, And taught our manhood how to die.Praise, praise and love be theirs who came From that red hell of stench and flame, Staggering, bloody, sick, but still Strong with indomitable will, Happy because, in gloomiest night, Their own hearts drummed them to the fight. I chose the poem ANZAC because of it’s descriptive language, truth, and it’s use of the harsh reality of war, while not glorifying war in any way. The Poet uses a mixture of descriptive text, rhyming words and rhythm to display his views on World War 1. His use o f scary and uncomfortable words really reflect this message that war is a sick and gruesome place.Toby Hey, Toby, Toby, Toby! —Dead? The silence is a flood That closes, choking, overhead, And chills the living blood. The leaping friend, whose jolly bark Was greeting every night, No more to thrill the summer dark With welcome of delight? Beside his grave I bend the knee, And O, my eyes are dim. He hunted for the dog in me: I found the man in him. Swags Up! Swags up! and yet I turn upon the way. The yellow hill against a dapple sky, With tufts and clumps of thorn, the bush whereby All through the wonder-pregnant night I lay Until the silver stars were merged in greyOur fragrant camp, demand a parting sigh: New tracks, new camps, and hearts for ever high, Yet brief regret with every welcome day. Dear dreamy earth, receding flickering lamp, Dear dust wherein I found this night a home, Still for a memory’s sake I turn and cling, Then take the road for many a distant camp, A mong what hills, by what pale whispering foam, With eager faith for ever wandering. The Patriot The patriot from his walls of brass Is singing loudly as I pass; With fearless heart and open eyes, He shouts the ancient battle cries; And, where I pause to hear him sing, A silent crowd is listening.My country, God bestows by thee The glory of the world to be The glory thou alone canst give To last amid things fugitive. My country, an ideal form I see thee splendid in the storm, Directress of the power divine That makes the expectant future thine. My country, all the world shall bow Before thy peace-conceiving brow, And all the peoples humbly stand Submissive to thy blessing hand. My country, yea, the foes who raise A tyrant flag shall learn to praise Thy steadfast love that dares to fight The horde of Satan for the right. My country, loveliest, strongest, best, Thou hast a mission to the rest,And greater wealth and love shall be The guerdon of thy ministry. In every land I hear him sin g; In every land I see him fling His country’s flag against the skies And gaze aloft with dazzled eyes; And then his loud applause rings roundAnalysis of â€Å"Toby† The poem: Toby is a poem that was written about the death of John’s dog. the poem begins in the Poet’s point of view, calling out the dog’s name, and finding him and realising he is dead. The use of descriptive and cold language engages the reader, and helps us to embrace the feelings that the poet is trying to force upon us.The nature of the poem encourages readers to think back on times that we may have lost a close or loved person, and the poem is both a metaphor and true. the second paragraph of the poem is centered around the sinking in of the fact that one of his closest companions was dead, and that there was now an emptiness in his heart, and silence in the house. Toby’s bark used to fill the house of noise when ever John came home from work, but now he is greeted by an empty house, and the memory of what a great companion Toby was. John uses language and emotions to make the readers feel a touch sad, and to bring our minds into his perspective.The third paragraph of the poem takes us on an emotional roller coaster while John reminisces over what a good mate Toby was for him, his loyalty and how he was always there for John. The third paragraph ends with John coming back to reality, and remembering that Toby is no longer there to greet him after a long day’s work. The nature of the last sentence of the paragraph is almost distraught, and the readers can almost feel John’s pain through his clever use of descriptive and emotive text. The final paragraph is a sense of closure for the poem, poet and readers.John lays Toby to his final resting place, and realises that Toby was the greatest companion that he has had, and they spent their time together trying to find the similarities, even though John was a man, and Toby was a dog, and John definitely found the man in Toby, whilst Toby spent his time trying to find out how dog-like John really was. The poem ends with a sense of happiness, as the poet seems to admit to the loss of his friend, and closes with the fact that Toby really was a man, as he is caring, kind, and always there for his mates, no matter what is going on.Bibliography Poetrylibrary. edu. au Brereton, John Le Gay – Poet – Australian Poetry Library Poetrylibrary. edu. au (n. d. ) Brereton, John Le Gay – Poet – Australian Poetry Library. [online] Available at: http://www. poetrylibrary. edu. au/poets/brereton-john-le-gay [Accessed: 24 Sep 2012]. En. wikipedia. org John Le Gay Brereton – Wikipedia, the free encyclopedia En. wikipedia. org (2012) John Le Gay Brereton – Wikipedia, the free encyclopedia. [online] Available at: http://en. wikipedia. org/wiki/John_Le_Gay_Brereton [Accessed: 24 Sep 2012].