We Need an Amendment Outlawing Flag Desecration :: Argumentative Persuasive Argument Essays

We Need an Amendment Outlawing Flag Desecration In an attempt to make outrageous political statements, people often go to extremes: monks burn themselves to express freedom from religious intolerance, civilians stand in front of military tanks to stop them from destroying their city, and others burn or tear up flags to demonstrate their beliefs on issues from racism to war. Although flag desecration is the least violent of these three examples, it should be banned with an amendment because the flag is a symbol of freedom. Flag defilement is seen in many forms, such as- spitting on, tearing apart, or burning. During the 1960’s, a time of despair and revolution, flag vandalism proliferated. In effort to alter their lifestyle, Americans stampeded the streets ruining the symbol of freedom in the name of politics and racism. The violent array of insubordination created an immediate reaction. Each protest became more violent and ill mannered. Each time someone demolishes a flag, the act is not freedom of speech- it is an expression of an anti-American lifestyle. During the Vietnam War, activists ironically demolished the flag to bring back the men fighting overseas. The same men who were fighting for the freedoms of Americans and the symbol of America. These soldiers believed in America as a country and the flag as a badge of democracy and freedom so much, they risked their lives and almost 60,000 American soldiers died to preserve America’s freedoms. Those who have lost family members in a vicious battle will understand that it is not a sign of admiration to disgrace the icon for which these young men died to defend-- many between the ages of 17 to 24. In honor of those who may die for our country in the future, the Senate should pass an amendment outlawing flag desecration. As a daughter of an American soldier– who fought in both

Phi Delta Kappa

Phi Delta Kappa is an international organization for professional educators. The organization's mission is to promote quality education, with particular emphasis on publicly supported education, as essential to the development and maintenance of a democratic way of life. Each year Phi Delta Kappa conducts a Gallop Poll to see the publics view toward Public Schools. The poll tackles many different issues that are important in their own way, but the ones that interest me the, favoring or opposing a voucher system, zero tolerance polices, and school standards. One of the most controversial issues in the gallup poll is the usage of vouchers as a means of improving the quality of the public schools. It is suggested that doing so will promote competition between public and private schools and that competition will bring about improvement in the public schools. Opponents of the voucher plan believe that being able to use vouchers for religious schools will violate the separation of church and state established by the First Amendment to the U. S. Constitution. In addition, parents might be forced to send their children to a school of a different religion because no other schools are available. The result of the poll show that 47% favor vouchers, 48% oppose them and 5% don†t know. I am surprised that so many people support vouchers when there is no proof that private schools improve students academic achievement. Competition between public and private schools could affect the salaries of presevice teachers and whether or not a teacher can be hired in private schools because of their religion. The best public policy is to provide parents with even more choices within the public schools, which serve over 90% of children. Legislators should concentrate on making all public schools stronger, safer, more challenging, and accountable. Public tax dollars should be spent only to improve public schools – not to assist the limited numbers of parents who choose to enroll their children in private secular or religious schools. Concern over school crime and violence has also become a huge issue. It has prompted many public schools to take various measures to reduce and prevent drugs and violence and to ensure safety in schools. Such measures include adopting zero tolerance policies. The zero tolerance policies enact mandatory expulsion for violent or drug-related student misconduct. This forces preservice teachers to change the disciplinary structure of the classroom. The poll shows that 90% of the people favor zero tolerance and 10% oppose it. I feel that zero tolerance, as explained in the reading, is a fantastic thing. But when hearing about students suspended for having aspirin or even cough drops, leaves me to wonder whether zero tolerance policies are achieving their designated purpose. The response to zero tolerance by school districts is getting out of hand. Schools need to make sure that their focus is not on blind enforcement of a rule but on actively working to detect warning signs, counsel students and punish those involved with real drugs or weapons. A third critical issue is school standards. Achievement standards in the classroom is a very important thing. 57% of people think that the standards are about right and 33% think they are too low. Another issue about standards is social promotion. Social promotion means moving children from grade to grade in order to keep them with others in their age group. 2 % favored stricter standards for social promotion and 26% opposed. I agree with the majority in both these cases. School standard are about right but it is important for preservice teachers to know and keep up with the standards. It is also important for teachers to have stricter standards for social promotion even if more students are held back. It isn†t fair to send a slacking students to the next grade to another teacher that has to re-teach the curriculum of the previous grade just for a student to two. My view on vouchers is pretty clear. People who support them believe that it will improve public school because of competition. Competition is based on an even playing field; there is no fair competition when â€Å"competitors† play by different rules. Public schools have to accept all applicants; private schools don†t. Private schools are not required to provide transportation, special education, bilingual education, free and reduced lunches, and many other programs that public schools provide. I agree with zero tolerance but they are taking it too far. I can also understand the schools' rationale for zero tolerance. They are concerned about student safety and want to project the image that they are being tough on drugs and violence, but use some common sense. When it comes to the standards of student achievement I agree with the majority of the people polled, but many of the issues of the Phi Delta Kappa Gallup Poll I disagreed with because I feel that the people being polled are uneducated in the subject and don†t know how their opinion can affect schools.

Inborn Traits vs. Self-Determination Essay - 771 Words

Mary Shelley’s Frankenstein, is a novel of interpersonal struggle between inborn traits versus the self determined willingness to work for success. The author demonstrates the contrasting personalities of Victor and the Creature specifically in regard to the nature they are born with in contrast to who they made of themselves. Innate aspects hinder personal growth for the Creature although he works hard to become a self-made man, whereas nurturing miens obstruct growth for the dignified Victor despite his fortunate nature. Shelley demonstrates sympathy with a Creature who tries to overcome his monstrous form more than a gentleman who abases him in order to convey that no matter how hard he tries to overcome his nature, personal choices can†¦show more content†¦Shelley makes this clear when Victor recounts, â€Å"No human being could have passed a happier childhood than myself. My parents were possessed by the very spirit of kindness and indulgence.† (45). Throu gh Victor’s thought it can be concluded that he had a good relationship with his family, and had minimal troubles—his life was utterly perfect due to his inherently kind and noble nature. Growing up, Victor seldom faced feelings of loneliness or neglect due to his accompaniment by a lifelong friend, his adopted sister, Elizabeth. The adoption of Elizabeth was not within Victor’s control thus making it a part of his nature. Elizabeth’s constant friendship to Victor wrongly caused to learn to take friendship for granted, not knowing how to make or be a friend; as later seen through his abandonment of the Creature. From that, Shelley is showing the reader that Victor’s nature taught him to take everything for granted, eventually causing his demise. Another fate that contributes to Victor’s high nature was that he was a male. In the 1800s females had little to no opportunity to partake in anything while men were portrayed as strong and smartâ₠¬â€therefore encouraged to attend a university, unlike most women. On that note, Victor was naturally accepted into society and naturally encouraged to become smart via an education. Victor’s caring family, constant friendship, gender, opportunity, and intelligence wereShow MoreRelatedCriminal Profiling And The Criminal Justice System1117 Words   |  5 PagesMany Criminologist and Psychologists believe that there are specific psychological traits that can disconnect a person from the rest of society. Criminal profiling is the approach that an individual who commits a crime, may leave some sort of psychological evidence that can be crucial to an investigation. This theory is a vital part of the criminal justice system today. Criminology targets why individuals commit crimes and why they behave in certain situations. By understanding why a person commitsRead MoreEssay on Psychology: Personality Theories1715 Words   |  7 Pagesenvironment’ (Allport, 1937). An individual’s unique personality traits and attributes are a powerful indicator of how he/she will interact with the work environment. The difference between average and outstanding employees can often be solely personality related. As the employee is the most valuable asset to the company, ‘selecting the right employee during the process is critical’ (Carbery and Cross, 2013, pp. 41-53) Traditional Theory Vs Cognitive Theory When we speak about personality, we must considerRead MoreEssay about Personality Theories Matrix2867 Words   |  12 PagesPersonality Theories Matrix THEORY Psychoanalytic Neo-Freudian Trait Biological Humanistic Behavioral/ Social Cognitive Personality â€Å"Self: id, ego, superego, thanatos; defense mechanisms.† Personlaity structureis made up of 3 major systems: the id, the ego and the superego. Each has its own function properties, components, operating principles, and mechanisms, the systems interact so closely with one another that it is difficult to disentangle their effectsRead MoreNature Vs Nurture : Environment Essay2164 Words   |  9 Pages NATURE VS NURTURE[ENVIRONMENT] Give me a dozen healthy infants, well-formed, and my own specified world to bring them up in and I ll guarantee to take any one at random and train him to become any type of specialist I might select – doctor, lawyer, artist, merchant-chief and, yes, even beggar-man and thief, regardless of his talents, penchants, tendencies, abilities, vocations, and race of his ancestors. – John B. Watson. Generally, using the terms nature and nurture as a suitable catch-phraseRead MoreNature Vs Nurture : Environment Essay2137 Words   |  9 PagesINTRODUCTION NATURE VS NURTURE[ENVIRONMENT] Give me a dozen healthy infants, well-formed, and my own specified world to bring them up in and I ll guarantee to take any one at random and train him to become any type of specialist I might select – doctor, lawyer, artist, merchant-chief and, yes, even beggar-man and thief, regardless of his talents, penchants, tendencies, abilities, vocations, and race of his ancestors. – John B. Watson. Generally, using the terms nature and nurture as a suitableRead MoreNature Vs Nurture On Intelligence4016 Words   |  17 PagesAbstract This extended essay explores the question ‘to what extent does nature and nurture influence intelligence in child development’. Nature in this context is the inborn hereditary characteristics, as well as your genes; and nurture is the environment you’re in, how what is around you affects your personally. The essay starts with the introduction over viewing what I’m going to look at and important definitions and reasons of why I’ve chosen the question. I’m going to look at a brief historyRead MoreNorth Country3742 Words   |  15 PagesAbstract North Country (2005) is a fictionalized account of the first groundbreaking successful sexual harassment case in the United States -- Jenson vs. Eveleth Mines, where a woman who endured a range of abuse while working as a miner filed and won the landmark 1984 lawsuit. This essay aims to analyze the different roles of leadership and leadership effectiveness in the film North Country. Table of Contents 1. Introduction†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...3 2. Defining Leadership, leadershipRead MoreLimitation of Trait Theory12233 Words   |  49 Pagesthat follow, the development of leadership studies and theories over time is briefly traced. Table 1 provides a summary of the major theoretical approaches. Historical Leadership Theories | Leadership Theory | Time of Introduction | Major Tenets | Trait Theories | 1930s | Individual characteristics of leaders are different than those of nonleaders. | Behavioral Theories | 1940s and 1950s | The behaviors of effective leaders are different than the behaviors of ineffective leaders. Two major classesRead MoreCRM 1301 Midterm uOttawa Carolyn Gordon Essay10218 Words   |  41 PagesRevolution Emergence of communism Thus: forces of capitalism cease to exist â€Å"The last capitalist we hang shall be the one who sold us the rope† Critique of Marxism Lack of empirical testing Economic determinism One ruling class Bourgeoisie vs. Proletariat Advantages of capitalism Views points are idealistic Application Marx Perspective Level of Analysis = Macro View of Society/Social Order = Conflicts Individual behavior results of = False Conscious Root of crime = Class inequalitiesRead MoreThe Effect Of Organizational Culture And Leadership Style On Staff Commitment Essay9502 Words   |  39 Pagesfeelings toward particular aspects of the job. Unlike commitment which is a more stable emotional state over a long period, job satisfaction can be influenced by everyday incidents and interactions (Porter et al, 1974). Leadership is critical in the determination of employee job satisfaction (Randeree and Chaudhry, 2012). Lok and Crawford (1999, 2001) showed that different studies had concluded that leadership and organizational culture are significant determinants of employee commitment and job satisfaction

How to Prepare for the CCNA Exam

Cited consistently by recruiters and hiring managers as one of the most sought-after certifications in the IT industry, the CCNA is one of the most valuable certifications you can have on your resume. Moreover, it’s required for most higher-level Cisco certifications like the CCNP and CCDP (and, by extension, the CCIE). Earning the CCNA demonstrates that you have the ability to configure and support a range of Cisco network devices, along with a strong general knowledge of networking, network security, and wireless networking—all of which are required to support the modern enterprise network. But before you can become a CCNA, you need to pass Cisco exam 640-802 (or, alternately, exams 640-822 and 640-816 together), which is required in order to earn the certification. The CCNA exam is challenging, and passing it definitely requires a lot of work and effort. But with the right focus and preparation, passing the CCNA exam is an achievable goal. To get you started, here are some tips to use in preparing for your CCNA examination. Set a Course of Study The first order of business should be to set the direction for your individual study. Cisco offers a syllabus for the CCNA certification, with a list of topics that are covered. Review this list, print it out and post it, and use it as your guide in crafting your personal course of study. Remember— if its not on the syllabus, its not on the exam, so limit your studies to the topics that Cisco highlights. Identify Your Weaknesses A good next step is to identify those areas where you’re weakest (hint: try a practice exam to help identify those areas)  and make them the focus of your study and practice. Highlight those areas, and set a specific goal towards gaining a good understanding of each. Don’t necessarily neglect your areas of strength completely (you don’t want to forget what you’ve already learned!), but by turning your weaknesses into strengths you can dramatically increase your chances of passing the CCNA exam. Make Time for Study The CCNA isn’t an easy exam to pass, and it covers a lot of ground. And, like any technical discipline, if you don’t work at it on a consistent basis, your knowledge and skills will fade. Set aside a consistent, regular time for study, and make sure that you keep to it. Granted, it can be hard to keep this time blocked out, especially with all of the daily responsibilities and distractions that we all deal with. But the key to passing the CCNA is frequent and consistent study and practice, so it’s critical that you set this time aside, limit your distractions, and stick to the task at hand. Focus on the Details It’s not enough to know the theory behind the concepts presented in the CCNA curriculum. To successfully pass the CCNA exam, you need to how to complete tasks and understand how things get done in the world of Cisco. That’s an important point  because general networking concepts and the way Cisco does things are not always the same—so it’s important to understand the details and specific methods and procedures for implementing different networking technologies, within the Cisco environment. Get Access to Gear This point cant be stressed enough. A big portion of the CCNA exam consists of completing tasks on simulated routers and switches, just as you’ll do them in real life. That’s why it’s critical that you get practice time (preferably a lot of it) on Cisco equipment  so that you can implement what you study within the actual Cisco IOS environment. You can buy or rent pre-configured sets of actual Cisco routers and switches that contain all of the equipment you’ll need to practice for the exam, and these sets are not as expensive as you might think. Also, there are also some excellent simulators out there, that let you configure virtual routers and switches from your personal computer. Take a look at Packet Tracer, which is an excellent tool available from the Cisco Academy, and Graphical Network Simulator 3 (GNS3), which is a free open-source tool that provides a simulated Cisco IOS environment (you can also use it to simulate the Juniper JunOS platform as well). Practice All of the Topics on the Exam, Firsthand Once your practice environment is up and running, make sure you take full advantage of it and practice implementing every protocol and configuration possible, so that you can see how everything works on the actual gear. Remember, things in real life don’t always work the same as they do on paper, and just because a book or guide tells you that a given configuration will produce a given result, nothing beats seeing it for yourself, especially on those (hopefully rare) occasions when the books get it wrong. The key to passing the CCNA exam is preparation  and lots of it. To pass the test, you’ll need to understand networking theory, facts, and practice, and be able to readily utilize the Cisco IOS interface, including specific commands and syntax. But, if you take the time to truly learn the material and get to know your way around Cisco routers and switches beforehand, you should find the test relatively easy to pass.

New Deal and Civilian Conservation Corps - 3206 Words

Roosevelt’s New Deal Cora E. Parks January 16 2013 The New Deal was a series of programs created by the 32nd President of the United States, Franklin Delano Roosevelt, during a time of economic depression to help the poor and destitute people of the nation by creating jobs, providing economic recovery, helping restore damaged areas in the U.S., and much more. In 1932, when the American public voted President Herbert Hoover out of office, they were searching for an end to the economic troubles and high unemployment rates that had smothered the nation U.S. for two years. [ (Civilian Conservation Corps CCC) ] They turned to Franklin D. Roosevelt, a man who promised better life than the one many people were now†¦show more content†¦[ (Civilian Conservation Corps CCC) ] Enlisted personnel and supervisors totaled more than 5,300 and occupied four large camps. [ (Civilian Conservation Corps CCC) ] The program enjoyed great public support. Once the first camps were established and the CCC became better known, they became accepted and even sought after. [ (Civilian Conservation Corps CCC) ] The CCC camps stimulated regional economies and provided communities with improvements in forest activity, flood control, fire protection, and overall community safety. [ (Civilian Conservation Corps CCC) ] FDR in response to the farmer’s distress created the Agricultural Adjustment Act (AAA). It protected farmers from price drops by providing crop subsidies to reduce production and educational programs to teach methods of preventing soil erosion.(New Deal Programs) Also the intent of the AAA was to restore the purchasing power of American farmers to pre-World War I levels. [ (AAA: Agricultural Adjustment Act) ] The money to pay the farmers for cutting back production by about 30% was raised by a tax on companies that bought farm products and processed them into food and clothing. The AAA evened the balance of supply and demand for farm commodities so that prices would support a decent purchasing power for farmers.Show MoreRelatedThe Civilian Conservation Corps : A New Deal Program1504 Words   |  7 PagesFollowing the Civilian Conservation Corps, another new deal program was established. This one was known as The Tennessee Valley Authority. The Tennessee Valley Authority was established in 1933 in order to control floods, improve navigation, improve the living standards of farmers, and produce electrical power along the Tennessee River and its rivers. The Tennessee Valley Authority joined all the activities of the various government agencies in the area and placed them under the control of a singleRead More Recessions and Depressions Essay1653 Words   |  7 Pagesaffects of it lasted into the 1940s. Franklin Roosevelt was elected president during this period; legislation he passed tried to alleviate the suffering of the public. As a result of the Great Depression, Franklin Roosevelt created the Civilian Conservation Corps to employ jobless young men and improve government land. The decade directly preceding the Great Depression was prosperous and lucrative. Many factors led to this era, often called the roaring twenties. The use of labor-saving machineryRead MoreEssay on The Importance of the New Deal in the 1920s666 Words   |  3 PagesThe first look at the New Deal was to seek for an economic improvement of multiple working efforts towards relief aid, and towards recovery. The second look at the New Deal was focused towards many depression hit farmers, industrial workers of all races and trade unionist. In the 1920s there was many issues that were in need of resolution. Issues that were pressing such as effected individuals from The Great Depression. The civilian conservation corps was established in order to provide jobsRead MoreThe Good and Bad of Roosevelts New Deal Essay1191 Words   |  5 Pagesof Roosevelts New Deal The era of the Great Depression was by far the worst shape the United States had ever been in, both economically and physically. Franklin Roosevelt was elected in 1932 and began to bring relief with his New Deal. In his first 100 days as President, sixteen pieces of legislation were passed by Congress, the most to be passed in a short amount of time. Roosevelt was re-elected twice, and quickly gained the trust of the American people. Many of the New Deal policies helpedRead MoreFranklin D. Roosevelt and the New Deal1289 Words   |  5 Pagesclosed because people kept withdrawing money so they would not be affected by the economic downfall. Roosevelt wasted no time upon his presidential start and immediately started working with Congress to get out of this depression. With both of his â€Å"New Deal† plans he started to turn the country around and make plenty of enemies while doing so. Roosevelt took action quickly as he reached the oval office because of the famous â€Å"First 100 Days† in which Roosevelt met with Congress one hundred times toRead MoreThe Economic Disaster Of Overproduction And Underconsumption Created The Great Depression820 Words   |  4 Pagescreated the Great Depression in the 1920s from factors of credit, wages, immigration restriction, under consumption, crippled American financial system, collapse global problems, investing rebuild postwar Europe, and production capabilities that New Deal programs by Theodore Roosevelt established to correct the economy in United States. Overproduction was the lack of economic diversification and lack of infrastructure contributed to underconsumption (Barnes Bowles, 2014). People were buying massRead MoreThe Great Depression By Franklin D. Roosevelt1653 Words   |  7 Pageswell. The depression was mainly caused by over speculation of the stock market, overproduction in industry and agriculture , and the stock market crash. Franklin D. Roosevelt was a big element of the actions taken to get out of this depression: The New Deal. The important question is: what did he contribute to the American society? Before the great depression, mass production problems and World War I in the economy accumulated with each other and finally caused the depression. These problems were alreadyRead MoreRelief, Recovery, Regulation - the New Deal1341 Words   |  6 Pagescandidate to do so and thus received a lot of attention. These were the words from the acceptance speech that set the tone for his campaign and his administration: I pledge you, I pledge myself, to a new deal for the American people. Let us all here assembled constitute ourselves prophets of a new order of competence and of courage. This is more than a political campaign; it is a call to arms. Give me your help, not to win votes alone, but to win in this crusade to restore America to its own peopleRead MoreThe Great Depression Trademarks America1544 Words   |  7 Pagesastronomical levels of unemployment, as well as the New Deal program developed to combat the Great Depression. Powell, who was born and educated in London, earned a master’s degree in history and he clearly demonstrates his views to the reader. In his words, FDR’s presidency did not aid the economic state but drove it further back as well as his inability to solve of any of the problems within The Great Depression. The main goals of the New Deal programs were to lower the unemployment and help putRead MoreDid the New Deal Satisfy the Three Rs?860 Words   |  4 PagesFDR’s New Deal It is nearly impossible to discus the economic situation of the 1930’s without discussing one of the major things that occurred during it: Franklin Roosevelt’s New Deal. The New Deal was put together by Roosevelt in order to satisfy the three R’s; Relieve, Recover and Reform. In doing so, he hoped to bring an end to the great depression. The new deal did not come in one form though. It took on the forms of many separate programs attempting to satisfy relief, recovery or reform. A

A Case Sajjan Singh V State of Rajasthan Free Essays

string(1573) " the best interest of children;\(g\) Undertake and promote research in the field of child rights;\(h\) spread child rights literacy among various sections of the society and promote awareness of the safeguards available for protection of these rights through publications, the media, seminars and other available means;\(i\) inspect or cause to be inspected any juvenile custodial home, or any other place of residence or institution meant for children, under the control of the Central Government or any State Government or any other authority, including any institution run by a social organisation; where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary;\(j\) inquire into complaints and take suo otu notice of matters relating to, -\(i\) deprivation and violation of child rights;\(ii\) non-implementation of laws providing for protection and development of children ;\(iii\) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and to provide relief to such children, or take up the issues arising out of such matters with appropriate authorities; and\(k\) such other functions as it may consider necessary for the promotion of child rights and any other matter incidental to the above functions2\) The Commission shall not inquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force\." ————————————————- Top of Form | | MANU/SC/8083/2008Equivalent Citation:  AIR2009SC84, JT2008(11)SC150, 2008(4)KLT306(SC), (2009)3MLJ929(SC), (2008)41OCR708, 2008(13)SCALE76, (2008)13SCC518IN THE SUPREME COURT OF INDIAWrit Petition (C) No. 369 of 2008Decided On:  29. 09. We will write a custom essay sample on A Case Sajjan Singh V State of Rajasthan or any similar topic only for you Order Now 2008Appellants:  Baby Manji Yamada Vs. Respondent:  Union of India (UOI) and Anr. Hon’ble Judges: Dr. Arijit Pasayat  and  Mukundakam Sharma  , JJ. Subject:  CivilCatch WordsMentioned INActs/Rules/Orders:   Commission for Protection of Child Rights Act, 2005 – Section 13;  Constitution of India – Article 32Case Note: Constitution Rights of child Article 32 of the Constitution of India, 1950 (Constitution) Commissions for Protection of Child Rights Act, 2005 (CPCRA) Petition filed u/a 32, Constitution against directions of High Court by grandmother of appellant Held, constitution of National and state commissions for protection of child rights and children courts for providing speedy justice in offences against children and related matters provided under CPCRA No complaint made by anybody relating to child Direction given to any aggrieved person to approach Commission constituted under CPCRA Writ petition disposed ofRatio Decidendi:   Commission constituted under CPCRA has right to inquire into complaints or take action suo motu notice relating to violation of child rights and development of children and pro vide relief in such matters with appropriate authorities. JUDGMENTArijit Pasayat, J. 1. This petition under Article  32  of the Constitution of India, 1950 (hereinafter for short ‘the Constitution’) raises some important questions. 2. Essentially challenge is to certain directions given by a Division Bench of the Rajasthan High Court relating to production/custody of a child Manji Yamada. Emiko Yamada, claiming to be grandmother of the child, has filed this petition. The Writ Petition before the Rajasthan High Court was filed by M/s. SATYA, stated to be an NG0, the opposite party No. 3 in this petition. The D. B. Habeas Corpus Writ Petition No. 7829 of 2008 was filed by M/s. SATYA wherein the Union of India through Ministry of Home Affairs, State of Rajasthan through the Principal Secretary, The Director General of Police, Government of Rajasthan and the Superintendent of Police Jaipur City (East), Jaipur were made the parties. There is no dispute about Baby Manji Yamada having been given birth by a surrogate mother. It is stated that the biological parents Dr. Yuki Yamada and Dr. Ikufumi Yamada came to India in 2007 and had chosen a surrogate mother in Anand, Gujarat and a surrogacy agreement was entered into between the biological father and biological mother on one side and the surrogate mother on the other side. It appears from some of the statements made that there were matrimonial discords between the biological parents. The child was born on 25th July, 2008. On 3rd August, 2008 the child was moved to Arya Hospital in Jaipur following a law and order situation in Gujarat and she was being provided with much needed care including being breastfed by a woman. It is stated by the petitioner that the genetic father Dr. Ifukumi Yamada had to return to Japan due to expiration of his visa. It is also stated that the Municipality at Anand has issued a Birth Certificate indicating the name of the genetic father. 3. Stand of respondent No. 3 was that there is no law governing surrogation in India and in the name of surrogation lot of irregularities are being committed. According to it, in the name of surrogacy a money making racket is being perpetuated. It is also the stand of the said respondent that the Union of India should enforce stringent laws relating to surrogacy. The present petitioner has questioned the locus standi of respondent No. 3 to file a habeas corpus petition. It is pointed out that though custody of the child was being asked for but there was not even an indication as to in whose alleged illegal custody the child was. It is stated that though the petition before the High Court was styled as a â€Å"Public Interest Litigation† there was no element of public interest involved. Learned Counsel for respondent No. 3 with reference to the counter- affidavit filed in this Court had highlighted certain aspects relating to surrogacy. The learned Solicitor General has taken exception to certain statements made in the said counter affidavit and has submitted that the petition before the High Court was not in good faith and was certainly not in public interest. 4. We need not go into the locus standi of respondent No. 3 and/or whether bonafides are involved or not. It is to be noted that the Commissions For Protection of Child Rights Act, 2005 (hereinafter for short ‘the Act’) has been enacted for the constitution of a National Commission and State Commissions for protection of child rights and children’s courts for providing speedy trial of offences against children or of violation of child rights and for matters connected therewith or incidental thereto. Section  13  which appears in Chapter III of the Act is of considerable importance. The same reads as follows:13. Functions of Commission. 1) The Commission shall perform all or any of the following functions, namely:(a) examine and review the safeguards provided by or under any law for the time being in force for the protection of child rights and recommend measures for their effective implementation;(b) present to the Central Government, annually and at such other intervals, as the Commission may deem fit, reports upon the working of those safeguards;(c) inquire into violation of child rights and recommend initiation of proceedings in such cases;(d) examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal violence, riots, natural disaster, domestic violence, HIV/AIDS, trafficking, maltreatment, torture and exploitation, pornography and prostitution and recommend appropriate remedial measures. e) look into the matters relating to children in need of special care and protection including children in distress, marginalized and disadvantaged children, children in conflict with law, juveniles, children without family and children of prisoners and recommend appropriate remedial measures;(f) study treaties and other international instruments and undertake periodical review of existing policies, programmes and other activities on child rights and make recommendations for their effective implementation in the best interest of children;(g) Undertake and promote research in the field of child rights;(h) spread child rights literacy among various sections of the society and promote awareness of the safeguards available for protection of these rights through publications, the media, seminars and other available means;(i) inspect or cause to be inspected any juvenile custodial home, or any other place of residence or institution meant for children, under the control of the Central Government or any State Government or any other authority, including any institution run by a social organisation; where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary;(j) inquire into complaints and take suo otu notice of matters relating to, -(i) deprivation and violation of child rights;(ii) non-implementation of laws providing for protection and development of children;(iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and to provide relief to such children, or take up the issues arising out of such matters with appropriate authorities; and(k) such other functions as it may consider necessary for the promotion of child rights and any other matter incidental to the above functions2) The Commission shall not inquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force. You read "A Case Sajjan Singh V State of Rajasthan" in category "Papers" 5. Surrogacy is a well known method of reproduction whereby a woman agrees to become pregnant for the purpose of gestating and giving bir th to a child she will not raise but hand over to a contracted party. She may be the child’s genetic mother (the more traditional form for surrogacy) or she may be, as a gestational carrier, carry the pregnancy to delivery after having been implanted with an embryo. In some cases surrogacy is the only available option for parents who wish to have a child that is biologically related to them. The word â€Å"surrogate†, from Latin â€Å"subrogare†, means â€Å"appointed to act in the place of†. The intended parent(s) is the individual or couple who intends to rear the child after its birth. 6. In â€Å"traditional surrogacy† (also known as the Straight method) the surrogate is pregnant with her own biological child, but this child was conceived with the intention of relinquishing the child to be raised by others; by the biological father and possibly his spouse or partner, either male or female. The child may be conceived via home artificial insemination using fresh of frozen sperm or impregnated via IUI (intrauterine insemination), or ICI (intra cervical insemination) which is performed at a fertility clinic. ‘7. In â€Å"gestational surrogacy† (also know as the Host method) the surrogate becomes pregnant via embryo transfer with a child of which she is not the biological mother. She may have made an arrangement to relinquish it to the biological mother or father to raise, or to a parent who is themselves unrelated to the child (e. g. because the child was conceived using egg donation, germ donation or is the result of a donated embryo). The surrogate mother may be called the gestational carrier. 8. â€Å"Altruistic surrogacy† is a situation where the surrogate receives no financial reward for her pregnancy or the relinquishment of the child (although usually all expenses related to the pregnancy and birth are paid by the intended parents such as medical expenses, maternity clothing, and other related expenses). 9. â€Å"Commercial surrogacy† is a form of surrogacy in which a gestational carrier is paid to carry a child to maturity in her womb and is usually resorted to by well off infertile couples who can afford the cost involved or people who save and borrow in order to complete their dream of being parents. This medical procedure is legal in several countries including in India where due to excellent medical infrastructure, high international demand and ready availability of poor surrogates it is reaching industry proportions. Commercial surrogacy is sometimes referred to by the emotionally charged and potentially offensive terms â€Å"wombs for rent†, â€Å"outsourced pregnancies† or â€Å"baby farms†. 10. Intended parents may arrange a surrogate pregnancy because a woman who intends to parent is infertile in such a way that she cannot carry a pregnancy to term. Examples include a woman who has had a hysterectomy, has a uterine malformation, has had recurrent pregnancy loss or has a healthy condition that makes it dangerous for her to be pregnant. A female intending parent may also be fertile and healthy, but unwilling to undergo pregnancy. 11. Alternatively, the intended parent may be a single male or a male homosexual couple. 12. Surrogates may be relatives, friends, or previous strangers. Many surrogate arrangements are made through agencies that help match up intended parents with women who want to be surrogates for a fee. The agencies often help manage the complex medical and legal aspects involved. Surrogacy arrangements can also be made independently. In compensated surrogacies the amount a surrogate receives varies widely from almost nothing above expenses to over $ 30,000. Careful screening is needed to assure their health as the gestational carrier incurs potential obstetrical risks. 13. In the present case, if any action is to be taken that has to be taken by the Commission. It has a right to inquire into complaints and even to take suo motu notice of matters relating to, (i) deprivation and violation of child rights (ii) non-implementation of laws providing for protection and development of children and (iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and to provide relief to such children, or take up the issues arising out of such matters with appropriate authorities. 14. It appears that till now no complaint has been made by anybody relating to the child, the petitioner in this Court. 15. We, therefore, dispose of this writ petition with a direction that if any person has any grievance, the same can be ventilated before the Commission constituted under the Act. It needs no emphasis that the Commission has to take into account various aspects necessary to be taken note of. 16. Another grievance of the petitioner is that the permission to travel so far as the child is concerned including issuance of a Passport is under consideration of the Central Government; but no orders have been passed in that regard. The other prayer in the petition is with regard to an extension of the visa of the grandmother of the child requesting for such an order. 17. Learned Solicitor General, on instructions, stated that if a comprehensive application, as required under law, is filed within a week, the same shall be disposed of expeditiously and not later than four weeks from the date of receipt of such application. If the petitioner has any grievance in relation to the order to be passed by the Central Government, such remedy, as is available in law may be availed. 18. The writ petition is accordingly disposed of without any order as to costs. All proceedings pending in any High Court relating to the matter which we have dealt with in this petition shall stand disposed of because of this order.  © Manupatra Information Solutions Pvt. Ltd. | | | Bottom of Form How to cite A Case Sajjan Singh V State of Rajasthan, Papers

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