Volume 7, Issue 9(1), September 2018 International Journal of Multidisciplinary Educational Research
Published by Sucharitha Publications 48-12-3/7, Flat No: 302, Alekya Residency Srinagar, Visakhapatnam – 530 016 Andhra Pradesh – India Email: [email protected] Website: www.ijmer.in
Editorial Board Editor-in-Chief Dr. K. Victor Babu Associate Professor, Institute of Education Mettu University, Metu, Ethiopia.
EDITORIAL BOARD MEMBERS
Prof. S.Mahendra Dev Prof. Igor Kondrashin Vice Chancellor The Member of The Russian Philosophical Indira Gandhi Institute of Development Society Research, Mumbai The Russian Humanist Society and Expert of The UNESCO, Moscow, Russia Prof.Y.C. Simhadri Vice Chancellor, Patna University Dr. Zoran Vujisiæ Former Director Rector Institute of Constitutional and Parliamentary St. Gregory Nazianzen Orthodox Institute Studies, New Delhi & Universidad Rural de Guatemala, GT, U.S.A Formerly Vice Chancellor of Benaras Hindu University, Andhra University Nagarjuna University, Patna University Prof.U.Shameem Department of Zoology Prof. (Dr.) Sohan Raj Tater Andhra University Visakhapatnam Former Vice Chancellor Singhania University, Rajasthan Dr. N.V.S.Suryanarayana Dept. of Education, A.U. Campus Prof.K.Sreerama Murty Vizianagaram Department of Economics Andhra University - Visakhapatnam Dr. Kameswara Sharma YVR Asst. Professor Dr.V.Venkateswarlu Dept. of Zoology Assistant Professor Sri. Venkateswara College, Delhi University, Dept. of Sociology & Social Work Delhi Acharya Nagarjuna University, Guntur I Ketut Donder Prof. P.D.Satya Paul Depasar State Institute of Hindu Dharma Department of Anthropology Indonesia Andhra University – Visakhapatnam Prof. Roger Wiemers Prof. Josef HÖCHTL Professor of Education Department of Political Economy Lipscomb University, Nashville, USA University of Vienna, Vienna & Ex. Member of the Austrian Parliament Dr. N.S. Dhanam Austria Department of Philosophy Andhra University Prof. Alexander Chumakov Visakhapatnam Chair of Philosophy Russian Philosophical Society Dr.B.S.N.Murthy Moscow, Russia Department of Mechanical Engineering GITAM University Prof. Fidel Gutierrez Vivanco Visakhapatnam Founder and President Escuela Virtual de Asesoría Filosófica Lima Peru Dr.S.V Lakshmana Rao Dr.Ton Quang Cuong Coordinator Dean of Faculty of Teacher Education A.P State Resource Center University of Education, VNU, Hanoi Visakhapatnam Prof. Chanakya Kumar
Department of Computer Science Dr.S.Kannan University of Pune,Pune Department of History Annamalai University Prof. Djordje Branko Vukelic Annamalai Nagar, Chidambaram Department for Production Engineering University of Novi Sad, Serbia Dr. B. Venkataswamy H.O.D., & Associate Professor Prof. Shobha V Huilgol Dept. of Telugu, P.A.S. College Department of Pharmacology Pedanandipadu, Guntur, India Off- Al- Ameen Medical College, Bijapur
Dr.E. Ashok Kumar Prof.Joseph R.Jayakar Department of Education Department of English North- Eastern Hill University, Shillong GITAM University Dr.K.Chaitanya Hyderabad Department of Chemistry Nanjing University of Science and Prof.Francesco Massoni Technology Department of Public Health Sciences People’s Republic of China University of Sapienza, Rome
Dr.Sandeep Narula Prof.Mehsin Jabel Atteya Dept. of Management Sciences Al-Mustansiriyah University IIHMR University, Jaipur College of Education Department of Mathematics, Iraq Dr. Bipasha Sinha S. S. Jalan Girls’ College Prof. Ronato Sabalza Ballado University of Calcutta, Calcutta Department of Mathematics University of Eastern Philippines, Philippines Prof. N Kanakaratnam Dept. of History, Archaeology & Culture Satheesha H Dravidian University, Kuppam Mettu University Andhra Pradesh Mettu, Ethiopia
Dr. K. John Babu Dr.J.B.Chakravarthi Department of Journalism & Mass Comm Assistant Professor Central University of Kashmir, Kashmir Department of Sahitya Rasthritya Sanskrit Vidyapeetha, Tirupati Dr.T.V.Ramana Department of Economics, Andhra University Dr.Ni Luh Putu Agustini Karta Campus, Kakinada Department of Tourism Triatma Mulya Institute of Economy Bali, Indonesia
® © Editor-in-Chief, IJMER Typeset and Printed in India www.ijmer.in IJMER, Journal of Multidisciplinary Educational Research, concentrates on critical and creative research in multidisciplinary traditions. This journal seeks to promote original research and cultivate a fruitful dialogue between old and new thought.
C O N T E N T S Volume 7 Issue 9(1) September 2018
S. Pg.
No No 1. Beneficiary Perspective of MGNREGs programme in 1 Srikakulam District: An Empirical Study D. Ramesh 2. The Praxis of Non – MAPE Majors 12 Sy, Geraldine U 3. Philosophical Implications of Vivekananda’s Messages 25 Bonani Sinha 4. A Critical view About Intellectual Property Rights and 32 Medicine in India Rakesh Damor 5. Women and Work Force Participation in Tamil Nadu - 40 An Overview K.S.Selvanayaki 6. Sexual Health & HIV/AIDS Related Knowledge, 57 Transmission & Prevention Among Married Women in India – A Study N.Ravichandran 7. Working Women in Muslim Community: A Sociological 73 Study in Dakshina Kannada District Kamrunnisa Asadi 8. Primary Education system in Virudhunagar District – A 83 Study S.Kannan 9. Indian Legal Education Needs Reformation to Meet 21st 93 Century Needs: An Overview Koneru Anuradha 10. 108 नै क य स गतोदाहरणानां सं हणं ववरणं च Ashok Kumar Varma.K 11. efgykvksa ds izfr c<+rh fgalk& efgyk l'kfdrdj.k ds lunhkz esa 114 vijk iztkir 12. A Study of the Attitude of Primary School and High 120 School Teachers Towards Non-Detention System T.S Anitha, T.N.Rama and P Renuka 13. Implementation of Continuous and Comprehensive 136 Evaluation in the District of Mahbubnagar at Elementary Level - A Study Shakil Ahmed and Farah Deeba Bazmi 14. 146 न ञवयु तप रभाषा वचार: महेश भ : 15. 153 ीम गव गीतायां माग दश नम ् आलपा ट.पवन ् कुमार् 16. A Study of Teacher Motivation at Secondary Level 161 T.N.Rama, T.S.Anitha and P. Renuka 17. Gandhian Philosophy of Sarvodaya: Its Principles 173 S. Sreenivasa Rao 18. 183
Sri Srikrishnacharya Sri Korlahalli 19. Climate Change in India Causes and Consequences and 197 Preventive Measures N.B.Chandrakala and A.Gowreeswari 20. The Famous Women who Lead Social Movements in 211 Modern India Velpuri Subha
ISSN : 2277 – 7881 Dr. K. VICTOR BABU Impact Factor :5.818 (2018) M.A.,M.A.,M.Phil.,Ph.D.,PDF, (D.Lit) Index Copernicus Value: 5.16 Associate Professor, Institute of Education & Editor-in-Chief International Journal of Multidisciplinary Educational Research (IJMER) & Sucharitha: A Journal of Philosophy and Religion Mettu University, Metu, Ethiopia.
Editorial……
It is heartening to note that our journal is able to sustain the enthusiasm and covering various facets of knowledge. It is our hope that IJMER would continue to live up to its fullest expectations savoring the thoughts of the intellectuals associated with its functioning .Our progress is steady and we are in a position now to receive evaluate and publish as many articles as we can. The response from the academicians and scholars is excellent and we are proud to acknowledge this stimulating aspect. The writers with their rich research experience in the academic fields are contributing excellently and making IJMER march to progress as envisaged. The interdisciplinary topics bring in a spirit of immense participation enabling us to understand the relations in the growing competitive world. Our endeavour will be to keep IJMER as a perfect tool in making all its participants to work to unity with their thoughts and action. The Editor thanks one and all for their input towards the growth of the Knowledge Based Society. All of us together are making continues efforts to make our predictions true in making IJMER, a Journal of Repute
Dr.K.Victor Babu Editor-in-Chief
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BENEFICIARY PERSPECTIVE OF MGNREGSPROGRAMME IN SRIKAKULAM DISTRICT: AN EMPIRICAL STUDY
D. Ramesh Assistant Professor Dept. of Anthropology Andhra University,Visakhapatnam Abstract
The present paper delineates the awareness and perspective on MGNREGS programme in srikakulam district. All the 600 respondents were asked whether they had any knowledge about the MGNREG scheme, minimum days of employment provided and wages paid and all information regarding MGNREGS programme. Most of the people they are not aware of the days of employment, mode of payment, type of assignments, who monitoring etc., It is quite heartening to note that the participants, especially in tribal area do not know different benefits entitled with participation in the scheme such as changing wage rates, unemployment allowance, and conditions for payment when work is not assigned etc. All of them reported that the wages are paid to them according to the task rate only and no amount is paid when there is no work. The main problem is many of the rural and tribal people are illiteratesthat is the reason they are not aware of the programme not only MGNREGAS other programmes also. This paper only focuses on MGNREGS scheme.
Keywords: Programme, MGNREGA, Srikakulam, Empirical study
Introduction
India is a predominantly rural country with about 69.9% of its population residing in the villages out of which 28.3% live below the poverty line (World Bank 2011). As such, growth in its rural sector is one of India’s major concerns as it strives to maintain its impressive growth rate. Unni and Rani (2002) argue that the size of the informal
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economy and the tenacious poverty in developing countries make it necessary that social protection mechanisms implemented in such economies be based on productive employment and poverty reduction. India has experimented with various social protection interventions – “often referred to as social security, social safety net, poverty alleviation or social welfare programs - with the objectives of reducing poverty, vulnerability and social inequalities” since it gained independence in 1947 (Holmes et al (2010)). The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), the world’s largest employment guarantee scheme implemented in 2005 in India, utilizes 2.3% of India’s GDP (Ministry of Rural Development, 2008a). The dual objectives of 2 MGNREGA were providing a “safety net for poor rural households through the provision of wages, while simultaneously transforming rural livelihoods through the creation of productivity-enhancing infrastructure” (Holmes et al (2010)). Berg et al (2012) sees the benefits from such public works stemming from three distinct effects: “a direct effect on those employed in the works; a labor market effect related to the shift in labor demand; and an increase in productivity related to the public goods into which the labor is invested”. Vast amount of research already existing in literature proves that MGNREGA has a positive impact on wages of casual workers (Azam (2012), Berg et al (2012)). We thus focus our research on the impact of the higher purchasing power that comes with an increase in wages
Manoj P K (2011) has carried out a study to look into the salient features of the MNREG Act and its major problems and prospects with a focus on Kerala state. He made some suggestions for the smoother implementation of the Act, for faster socio-economic development of the nation. Basing on the observations of his study, opined that Kerala has got excellent potential to become a role model for the entire nation for systematic and corruption-free implementation of MGNREGA. The
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experience so far being satisfactory, the Kerala model can be replicated in other states. The Act as such is quite meaningful and powerful for rural development and women empowerment for the entire nation. The problem lies not in the Act per se, but in its defective implementation by the state governments. In many states its implementation is characterized by such defects like the involvement of the middlemen, political and bureaucratic exploitation, misuse of funds, muster roll manipulation, lack of transparency etc. which need to be strictly controlled. The prospects of the Act seem to be quite bright provided it is properly executed.
Methodology
For studying the beneficiary perceptions, a sample survey has been conducted. For this purpose, within the tribal area, four panchayats were selected randomly two from scheduled area and two from non-scheduled area in Srikakulam district.
From each Panchayat, Four habitations were selected at random and a total of 24 habitations from six panchayats were covered from the two selected Mandals. The total number of households covered is 600.Anthropological techniques like participant observation, schedule method were employed by the present study.
Results and Discussions
In this section, the responses of the beneficiaries basing on their experiences are presented. The analysis is based on the responses obtained from 600 beneficiaries.
Knowledge about the MGNREG Scheme
Before going into the details, all the 600 respondents were asked whether they had any knowledge about the MGNREG scheme, minimum days of employment provided and wages paid. The responses are presented in Table-1.
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Knowledge about the MGNREG Scheme has been reported by only 34 percent of the total respondents. This knowledge is more reported in non-tribal area compared to the tribal area. Ninety-five percent of the respondents from non-tribal area know about the details of the scheme while in tribal area, this knowledge is reported by only 7 percent from scheduled area and none from the non-scheduled area.
Table -1 : Knowledge about MNREG Scheme
In all, 73 percent of the total respondents reported knowledge about the minimum days of employment provided. This percentage is 99 in non-tribal area, 65 in scheduled tribal area and 54 in non- scheduled tribal area. Similarly, the percentage knowing about the wages paid is 65 among the total, while this percentage is 45 in non- tribal area, 91 in scheduled tribal area and 60 in non-scheduled tribal area.
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Knowledge about Type of Assignments
The respondents were asked whether they are aware of the type of assignments given and whether they have an option to choose and their responses are shown in Table-B6.
Table -2 : Knowledge about Type of Assignments
Usually, the employment is provided for carrying out different works as approved by the state government. When asked to mention the type of works assigned, the respondents named five types of works. About 78 percent mentioned ‘land leveling’, 33 percent mentioned ‘tank bounding’, 31 percent mentioned ‘water tanks’, 23 percent said ‘road works’ and 15 percent mentioned ‘canal works’.It appears that the land leveling works are more in the tribal area and to some extent there may be road works. In the non-tribal area, ‘tank bounding’ works and ‘water tank’ works may be more followed by road works and canal works. This has reflected in the responses obtained. Almost all the
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respondents (99.8 percent) stated that there is no option for them to choose the type of work.
Knowledge about Wages & Mode of Payment
Table - 3 : Knowledge about Wages and mode of payment
The respondents were asked about the payment of wages and mode of payment and their responses are shown in above Table 3.
To a question on how the wages are paid, all the 600 respondents mentioned that the wage is paid to them according to the task rate only. Only one individual from the scheduled tribal area also said that the wage is paid fortnightly. Regarding the mode of payment, all 600 said that the payment is made through CSP.
Knowledge about Programme Officer & his duties
The respondents were asked whether there is any programme officer and what are his duties and their responses are shown in Table- B8.
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Table - 4: Knowledge about Programme Officer & his duties
Majority of the respondents could not tell whether is a programme officer for coordinating the programme activities and 99.8 percent of them stated that there is no programme officer. However, only one individual from the non-scheduled tribal area reported that there is a programme officer for coordinating the activities. None of the 600 respondents are aware of the duties of the programme officer. This cannot be expected as they said that there is no programme officer.
Knowledge about Facilities Provided at Work Place Details of facilities provided at work place, as reported by the respondents are shown in Table-5
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Table -5: Knowledge about facilities at work place
When asked to mention the facilities provided at the work place, none of the respondents reported that ‘drinking water’ is provided at the work place; 33.8 percent mentioned that First Aid / Medicines are provided while 1.5 percent said that ‘child care’ facility is provided.
In the non-tribal area, none have stated that drinking water is provided at work place, and 4.5 percent mentioned that child care facility is provided while 94 percent mentioned availability of First Aid / Medicines. All the 200 interviewed from the scheduled tribal area reported that no facilities were provided at their work place while in the non-scheduled tribal area, only 8 percent said that first aid / medicines are provided at the work place.
This points out at the need for providing facilities at the work place as per the guidelines of the MGNREG Scheme. More attention is required in the tribal area.
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Knowledge about Unemployment Allowance
Table - 6: Knowledge about Unemployment Allowance
Knowledge of the respondents regarding payment of unemployment allowance is shown in the above Table-6.
The wage seeker is entitled for payment of unemployment allowance, if he /she is not provided any work within 15 days from his application. However, the 600 respondents covered in the study did not know anything about this and they also don’t know about the rate of unemployment allowance paid. Only 16 of the 600 beneficiaries interviewed (all from non-tribal area) reported that they know under what circumstances, the state is not liable give unemployment allowance.
Conclusion
Knowledge about the MGNREG Scheme has been reported by only 34 percent of the total respondents. This knowledge is more
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reported in non-tribal area compared to the tribal area. Ninety-five percent of the respondents from non-tribal area know about the details of the scheme while in tribal area, this knowledge is reported by only 7 percent from scheduled area and none from the non-scheduled area.
In all, 73 percent of the total respondents reported knowledge about the minimum days of employment provided. This percentage is 99 in non-tribal area, 65 in scheduled tribal area and 54 in non- scheduled tribal area. Similarly, the percentage knowing about the wages paid is 65 among the total, while this percentage is 45 in non- tribal area, 91 in scheduled tribal area and 60 in non-scheduled tribal area. It is quite heartening to note that the participants, especially in tribal area do not know different benefits entitled with participation in the scheme such as changing wage rates, unemployment allowance, and conditions for payment when work is not assigned etc. All of them reported that the wages are paid to them according to the task rate only and no amount is paid when there is no work.
References
1. Adhikari, Anindita, and Kartika Bhatia. "NREGA wage payments: can we bank on the banks?." Economic & Political Weekly 45.1 (2010): 2. Angrist, J.D. and Pischke, J.S. (2009), “Mostly Harmless Econometrics," Princeton University Press. 3. Azam, Mehtabul. "The impact of Indian job guarantee scheme on labor market outcomes: Evidence from a natural experiment." (2012). 4. Behrman, J. and Todd, P. (1999), “Randomness in the Experimental Samples of PROGRESA {Education, Health, and Nutrition Program," International Food Policy Research Institute, Washington, DC.
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5. Berg, Erlend, et al. "Can Rural Public Works Affect Agricultural Wages? Evidence from India." Unpublished (May) (2012). 6. Holmes, Rebecca, Nidhi Sadana, and SaswateeRath. "Gendered Risks, Poverty and Vulnerability in India: Case Study of the Indian Mahatma Gandhi National Rural Employment Guarantee Act (Madhya Pradesh).’." London, UK: Overseas Development Institute (2010). 7. Manoj P K (2011): MGNREGA Implementation in India: Problems, Prospects and Remedial Strategies with Special Reference to Kerala’; Researchgate- http://www.rese archgate. et/pu blication/260992023 8. Ministry of Rural Development. (2010), Annual Report (2009- 2010)," Government of India. 9. Unni, Jeemol, and Uma Rani. "Social protection for informal workers in India: Insecurities, Instruments and institutional mechanisms." Development and Change 34.1 (2003): 127-161. 10. World Bank (2011). Social Protection for a Changing India. Available at http://www.wds.wordbank.org/curated/en/2011/01/14087371/soci al-protectionchanging-india-vol-1-2-executive-summary. 11. World Bank (2011), Impact Evaluation in Practice," Washington DC.
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THE PRAXIS OF NON – MAPE MAJORS
Sy, Geraldine U University of San Carlos [email protected] Cebu City, Philippines
Abstract
Effectiveness of the Dep-Ed Certificate MAPE (Music, Arts, and Physical Education) Program for Non-MAPE majors of the public schools of Cebu City was being identified in this study. Teacher- scholars were chosen to undergo the individual interview, focused group discussion and actual classroom observation to determine a.) teachers’ competency level before the Dep-Ed Certificate MAPE Program, b.) experiences encountered during the certificate program that helped the teachers, c.) behavioral changes manifested by the teacher-scholars after taking the certificate program and d.) impact of the Certificate MAPE Program to the teacher-scholars’ teaching performance. Through thematic analysis and triangulation process, the findings present that the certificate program was effective for the competency level of the teacher-scholars on knowledge was evident and the skills acquired is sufficient enough to prove that these teachers was able to gain experience from the certificate program and a positive change of attitude towards their view on MAPE was realized after the program.
Keywords: Praxis, Non – MAPE, Music, Arts, Physical Education Introduction The Department of Education Cebu City Division took action of conducting a Certificate Program for Public Elementary School Teachers in the field of Makabayan teaching which answers to
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the Basic Education Curriculums’ aims of training young pupils and students to become life-long learners and to make them productive members of the society. The program is known as the “Certificate Program for Makabayan Teaching” which was a felt need of the Cebu City Government office with the consolidated effort of the different colleges and universities in cooperation with the Teacher Education Institutions of Cebu. Pedagogical Content Knowledge (PCK) views a set of special attributes that helped someone transfer the knowledge of content to others. It includes the "most useful forms of representation of these ideas, the most powerful analogies, illustrations, examples, explanations, and demonstrations-in a word, the ways of representing and formulating the subject that make it comprehensible to others"(Shulman, 1987).The implication of Shulman view of learning is that the teachers’ role is to make “knowledge work” thus, teachers are also learners during the process of acquiring knowledge, teachers are part of the learning process as soon as the learning has been acquired then these teachers are ready to deliver the knowledge to their students. Wittrock states in his Generative Learning theory that the learner is not a passive recipient of information; rather she or he is an active participant in the learning process, working to construct meaningful understanding of information found in the environment (Tinning, 2000). The importance of asking the learner to generate his or her own meaning is clearly summarized in his statement that “although a student may not understand sentences spoken to him by his teacher, it is highly likely that a student understands sentences that he generates himself”. This theory is also supported by Osborne (2008). Comprehension
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occurs by formulating connections, rather than solely the function of “placing” information or “transforming” information in memory. Learners not only construct knowledge but the knowledge they already possess affects their ability to acquire new ones. If constructed knowledge conflicts with previously acquired learning, the new knowledge will not make sense to the learners and may be constructed in a way that is not useful for flexible application (Anderson, 2003). Mezirow states in his Transformative Learning theory that learning is understood as the process of using a prior interpretation to construe a new or revised interpretation of the meaning of one’s experience in order to guide future action. A perspective transformation leads to “a more fully developed (more functional) frame of reference…one that is more inclusive, differentiating, permeable, critically reflective, and integrative of experience” (Mezirow, 2004). Adult educators need to understand that transformative learning can take several forms involving either objective or subjective reframing. Learners need practice in recognizing frames of reference and using their imaginations to redefine problems from a different perspective.
Materials and Methods This study utilized a narrative inquiry design employing interview and thematic analysis in a qualitative method of research. To provide deeper understanding of the social phenomena qualitative method is deemed necessary (Ricthe&Lewis, 2003). The teacher-scholars of the Dep-Ed Certificate MAPE Program from different public schools of Cebu City are the main respondents of this study. They are non-mape
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graduates and were teaching MAPE in their respective schools. In order to gather the necessary data needed in answering the research problems, the following research instrument were used: A standardized questionnaire was adopted from the Chartered Institute of Personnel and Development in the areas of Continuing Professional Development to determine the experiences of the teacher-scholars before and after the Certificate MAPE Program. They were scheduled for a one-on- one interview. To facilitate the purpose of answering open-ended questions that is given before the interview for them to complete their answers prior to the actual interview session. A focused group discussion was conducted which is guided with the standardized questionnaire of Continuing Professional Education (CPD) to further discuss issues pertaining to the certificate MAPE program. An Observation guide was used by using the Monitoring and Evaluation Tool of the Certificate Program for Makabayan Teaching from the Department of Education for classroom observation for Music, Arts and Physical Education classes of the teacher-scholars. Audio/Videotape Recorder was used during the interview schedules, focused group discussion and classroom encounter observation, an audio/videotape recording of the event was procured. Gobo (2008) presented that participant observations create a direct relationship with the key informants through immersion.This was done to enable quick review of the classroom interaction and for filing purposes. The competencies of teachers encompass the praxis of the certificate program’s curriculum. At the same time, defining teacher competencies will contribute to the improvement of the quality of educational
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system by positively affecting the teacher training and curriculum development studies. Interviews, participant observations and documents analyses were validated through triangulation. Cresswell& Miller (2000) expressed that triangulation involves validation of combined and varied data sources which in a way identified emerging themes or patterns. For ethical considerations, the key informants were asked to sign an informed consent form before the interview and after data were processed the interview transcripts were destroyed.
Results and Discussions
Teaching Anxiety of the Teacher-Scholars The basic purpose in the teacher training is to ensure the effective planning, management, development and administration of educational system by equipping teachers with certain competencies. These competencies refer to how effective teachers are in the field of teaching base on Knowledge, Skills and Attitudes in MSEP (Musika, Sining at Edukasyong Pampalakasng Katawan) (DepED Memorandum no. 107, s. 2008). The study tends to prove whether the Dep-Ed MAPE Certificate Program was able to equip teachers in the field by utilizing the student’s rating, classroom observation and self-check which the teacher gave feedback about their performance inside the classroom. Given these tools, the study was able to gather information helpful in determining the level of competence of the teacher-scholars after taking the MAPE Certificate Program.
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These are some of the anxieties that these teacher-scholars experienced by the time they were handling MSEP since they have less background or no background at all in teaching the subject matter.
Teacher A: “the previous knowledge which I have in MAPE was nothing I was empty when it comes to experience since this is my first time to teach MAPEH” Teacher B: “I don’t have much knowledge in MSEP, since my major in college was Mathematics”
Teacher C: “I don’t have any background in MSEP since my major in college was BEED Home Economics which is far from MSEP, but in Arts I have a little knowledge since in my major course we are making charts, but in music I have no knowledge at all, before the certificate program I was not competent” Acquiring this sophisticated knowledge and developing a practice that is different from what teachers themselves experienced as students, requires learning opportunities for teachers that are more powerful than simply reading and talking about new pedagogical ideas (Cohen, 1999). Teachers learn best by studying, by reflecting, by collaborating with other teachers, by looking closely at students and their work, and by sharing what they see. A skillful teacher figures out what students know and believe about a topic and how learners are likely to “hook into” new ideas.
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The Learning and Unlearning Process Practical knowledge in the weak sense is demonstrated by an individual who can perform an activity (is physically able to do something) but cannot articulate how to do it. Practical knowledge in the strong sense is demonstrated by an individual who can both physically perform an activity or skill and articulate how to do it (Harrington, 2000). Research evidence on teacher knowledge indicates the teacher knowledge is a practical, action- related form of knowledge and experience plays a crucial role in knowledge development (Tinning, 2000). That is why these teacher-scholars of the Dep-Ed Certificate MAPE Program engage themselves to allow the understanding of the MAPE content and experience these contents through practical activities yet the program overlooked in providing the teacher-scholars the proper venue to go further with their understanding in the subject matter through action-related form of knowledge and experience needed in the program. Teachers’ knowledge is a practical form of knowledge (Clandinin, 2010), teachers make sense of new information in relation to what they already know and have experienced. In essence, individuals learn by starting with what they know and have experienced, as these teacher-scholars were exposed in the MAPE Certificate Program they gain new knowledge but tends to ask whether this new information relates to what they already know, how this information can be connected to their previous experiences. The knowledge that results from this active engagement is not the same as the information that was presented, but the ideas presented in the Certificate Program was
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not sufficient enough in providing practical experiences for them to acquire the expected knowledge that will equip these teacher- scholars in teaching MSEP. Teaching physical education is enhanced if the teacher has been able to perform the content to be taught (Stuhr, 2010). Teaching this subject content entails a practical experience which provides a more enhanced knowledge in teaching MSEP.
Effects of Praxis In praxis there can be no prior knowledge of the right means by which we realize the end in a particular situation. For the end is only specified in deliberating about the means appropriate to a particular situation (Harrington, 2000). As we think about what we want to achieve, we alter the way we might achieve that. As we think of the way we might go about something, we change what we might aim at. There is a continual interplay between ends and means. In just the same way there is a continual interplay between thought and action. This process involves interpretation, understanding and application in ‘one unified process’ (Cameron, 1996). It is something we engage in as human beings and it is directed at other human beings. Teacher D: “before when I was offered the scholarship I declined because of my wedding, but I did find a way and after sometime I could observe the changes, that I became stable in my teaching MSEP, most especially when I already took the certificate program, but what I want is also for the school to provide opportunities for students to apply their learning, because students really find the
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subject interesting but usually public schools only focus on MPS unable to tap student’s talent” We can now see the full quality of praxis. It is not simply action based on reflection. It is action which embodies certain qualities. These include a commitment to human well-being and the search for truth, and respect for others.
Worldview of the Teacher-Scholars
The field experience is a critical component of teacher education programs and valid assessment are needed to guide decisions on whether individuals can teach effectively and thereby earn a degree and certification to teach. After the teacher-scholars took the certificate program these are some of their feedbacks. Teacher A: “after the Certificate Program I learned something, particularly dancing Cariñosa usually when we have programs before we just perform the dance without following the correct dance steps as long as the music is Cariñosa, in PE, it was not emphasize in the program although we had sports fest, we did laronglahi, it was not focus on strategies we proceed to doing the activity, it was already assumed by our instructor that we know already, no further explanation done.”
Teacher F: “the Certificate Program is focused in dancing although it was useful in school, one thing that lacks the Certificate Program is the teaching of Music, we find note reading difficult to teach, we take this up in grade 4, we felt so lacking with
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knowledge, we have a little knowledge but we know that it has a big difference of you know this things plus we lack resources, in arts we have projects like mosaic bit it didn’t take much of the program it only covered 2 to 3 weeks then we proceed to dance, during the other semester we took the PPFT were we are ask to run for the test.”
Conclusion For the Non – MAPE ( Music, Arts, and Physical Education) majors the certificate program was successful in updating the competency level of the teacher-scholars on knowledge. The skills acquired are sufficient enough to prove that these teachers are able to gain experience from the certificate program. A positive change of attitude towards their view on MAPE was realized right after taking the certificate program. Learning is considered evident as long as learners find meaning into the experience encountered. This would support the theory of Mezirow in his Transformative Learning Theory. Wittrock emphasizes that learners are active participants in the learning process in his generative learning theory. Learning is indeed evident among the teacher-scholars since their competency level had improved and their views towards teaching MAPE had changed positively. According to Schulman in his pedagogical content knowledge that the key to successful teaching lies in the intersection of pedagogy and content, which is already possessed by the teacher-scholars in the teaching of MAPE.
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References
1. Anderson, J. R., &Lebiere, C. (2003).Optimism for the future of unified theories. Behavioral and Brain Sciences, 26(5), 628-633. http://search.proquest.com/docview/212207127?accountid= 33262 2. Ayvazo, S., Ward, P., &Stuhr, <.c.,T. (2010). Teaching and assessing content knowledge in preservice physical education.Journal of Physical Education, Recreation & Dance, 81(4), 40-44. http://search. Proquest .com/docvie w/215753542?accountid=33262 3. Cameron, W. S. K. (1996). On communicative actors talking past one another: The gadamer-habermas debate. Philosophy Today, 40(1), 160-160. http://se arch.proquest.com/docview/205351670?accountid=33262 4. Chin, C., & Osborne, J. (2008). Students questions: A potential resource for teaching and learning science. Studies in Science Education, 44(1), 1-39. http://search.proquest.com/docview/222853779?accountid= 33262 5. Clandinin, D. J., Murphy, M. S., Huber, J., & Orr, A. M. (2010). Negotiating narrative inquiries: Living in a tension-filled midst.The Journal of Educational Research, 103(2), 81-90. http://search.proq uest.com/docview/746815841?accountid=33262 6. Cohen, L. M., & Kim, Y. M. (1999).Piagets equilibration theory and the young gifted child: A balancing act. Roeper Review,21(3), 201-201. http:// search. proquest.com /docview/ 206697432?accountid=33262
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7. Cresswell, J. W. & Miller, D. L. (2000).Determining validity in qualitative inquiry. Theory into Practice, 39 (3), 124-131. 8. Gobo, G. (2008). Doing ethnography. London: SAGE. ISBN No. 978-14129-1929-3, ISBN No.978-1-4129-1921-0(plk). Retrieved from https://books.google.com.ph/books?isbn=1446204154 9. Harrington, A. (2000). Objectivism in hermeneutics? gadamer, habermas, dilthey. Philosophy of the Social Sciences, 30(4), 491-507. htt p://search.proq uest.com/do cview/2 15053071?accountid=33262 10. Kelly, P., Hickey, C., & Tinning, R. (2000). Educational truth telling in a more reflexive modernity. British Journal of Sociology of Education, 21(1), 111-122. http://search. proquest.com/docview/206170968?accountid=33262 11. Lee, H. W., Lim, K. Y., & Grabowski, B. (2009).Generative learning strategies and metacognitive feedback to facilitate comprehension of complex science topics and self- regulation. Journal of Educational Multimedia and Hypermedia, 18(1), 5-25. http://search.pro quest.com/do cview/ 205847707?accountid=33262 12. Mezirow, J. (2004). Forum comment on sharanmerriams "the role of cognitive development in mezirows transformational learning theory". Adult Education Quarterly, 55(1), 69-70. http://search.pro quest.com/do cview/215 257974?accountid=33262 13. Ritchie & Lewis (2003). Qualitative research practices: A guide in social science and researcher. SAGE Publications, London.
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14. Shulman, L. (1987). Knowledge and teaching: Foundations of the new reform. Harvard Educational Review, 57(1), 1- 22.retrieved from http://tltjc.blo gspot.com/ 2011/04/sh ulman-1987 -knowledge-and-teaching-pck.html
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PHILOSOPHICAL IMPLICATIONS OF VIVEKANANDA’S MESSAGES
Dr. Bonani Sinha Assistant Professor in Philosophy Malda Women’s College Malda
Abstract
Nowadays due to crisis of values; man has lost his morality. This paper is an attempt to elucidate why today we need to take remedy to Swamiji’s masseges and teaching of Practical Vedāta , and how the concept of Swamiji’s man making teaching will help to transform a man to cross the limit of ‘I’ and ‘You’, and thereby help to solve our existential problems of present century.
Key words:value- crisis, oneness realisation, service to man, love, unity, man- making teaching.
Introduction
Nowadays every human being has become individualistic, self- interested, self-centred due to moral crisis. He is screaming to acquire more and more power, more wealth and social status. This degradation of human proves the need of following Swami Vivekananda’s teaching and massages which will provide the worthy life. Vivekananda does not introduce any new philosophy of his own, but his philosophy is mainly united the teaching of his master Sri Rāmakrishna Paramhansa and the Advaita Vedānta of Śaṅkarāchārya. From Sri Rāmakrishna, he achieved the message of noble service to human beings serving ‘Jiva as Siva’ through unique power of love and from Śaṅkarāchārya, he reached the message of ‘Tat-Tam-Asi’,i.e., all are nothing but Brahman, then he has unified these two great teachings in his own way and put the Vedanta Philosophy into practice.
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Objective
To awake Indian people and to overcome the present crisis we need to follow Swamiji’s Practical Vedanta. According to Vivekananda “each nation has a destiny to fulfil; each nation has a message to deliver; each nation has a mission to accomplish”1 Swamiji is wished that we Indians require a little more spirituality, “Thus the balance will be preserved ……But each will have to supply and hand down to future generations what it has, for the future accomplishment of that dream of ages- the harmony of nations, - ideal world.”2
Thus Swamiji intends that we are to allow each nation to develop its own way, of learning from others and assimilating other ideas as it progresses and allowing at the same time others to develop, hence Swamiji expects that India must, need, be spiritually stronger so that other nations may follow from her matters of spirituality, so “Up, India, and conquer the world with your spirituality!”3
Vivekananda is of the opinion, “Vedanta can be carried into our everyday life, the city life, the country life, the national life, the home life of every nation.”4Here are some massages of Swamiji for the uplift of mankind:-
Be Religious
Vivekananda firmly trusts inmen’s endless spiritual potentialities and he thinks these potentialities can be actualized if man knows his inner self with the feeling that all are one and within all dwells the same spirit. He says: ”I shall call you religious from the day you begin to see God in men women.”5Thuseveryone has to become religious and it will be possible when everybody should see Brahman in others and feel oneness.
Be Educated Vivekananda’s philosophy of education aimed at exploring the total personality of man towards making him “the whole man” through selfless work and tolerance. According to Vivekananda, education has to be chief
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weapon of raising the Indian masses. Vivekananda intends to say that “education is the manifestation of the perfection already in man.”6The true goal of education is to search for perfection within man.So, education should be value based. Modern education actually gives less importance on morals arising out of the cultivation of innermost self, for this reason, even though people are educating themselves rapidly, but this sort of education fails to create character or strength of mind. The other aspect of his education is that it grows individual humanism that is why; education is equally attributed as humanistic education. According Vivekananda, education should be man- making and character-building.
Be awaken According to Vivekananda, mere ‘arising’ is not enough for the man but ‘awakening’ is also required. One should awake after awakening the divinity existing in oneself. Though for him, religion was a means, a vehicle for rousing and awakening the millions of India. There is no question of becoming Brahman, as every being is already Brahman himself. It is not the case that human being is going to be Bhahman and perfect, but he is already perfect, only he has to realise this truth.
Love one another Vivekananda says “Life is love, and when a man ceases to do good to others, he is dead spirituality.”7Vedanta conveys universal oneness. The realisation of divine oneness with all can develop universal love. But the question arises: what is the true nature of love? Vivekananda admits that we do not really love any other person, but we love ourselves. Love consists in discovering oneself in the object of love. From his own experience Swamiji says: “We have always heard it preached, ‘love one another.’ What for? That doctrine was preached, but the explanation is here. Why should I love everyone? Because they and I are one. Why should I love my brother? Because he and I are one. There is oneness, this solidarity of the whole
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universe. From the lowest worm that ever lived – all have various bodies, but are the one Soul. Through all mouths, you eat; through all hands you work; through all eyes, you see. You enjoy health in millions of bodies; you are suffering from disease in millions of bodies. When this idea comes, and we realise it, see it, then will misery cease, and fear with it. How can I die? There is nothing beyond me. Fear ceases, and then alone comes perfect happiness and perfect love. That universal sympathy, universal love, universal bliss, that never changes, raises man above everything.”8
Be powerful According to Swamiji, we are basically divine. As all power is within us, we can do anything and everything. This thinking enables us to be powerful.
Learn every day through experience According to Swamiji, the goal of mankind is knowledge; knowledge that is inherent in man. No knowledge comes from outside. True knowledge is not acquired by education, nor by adherence to Sastras, but every people has to reach true knowledge through direct experience.
Set yourself free All is self or Brahman, and so we are always free. But the problem is that we cannot realise our true nature, because we are in bondage. Desire, ignorance etc are the causes of bondage. But the supreme goal of human life is freedom, in which man can see his own divinity and the divinity within all beings. So, freedom is the goal of life.
Think different
Every soul is potentially divine. The aim of life is to manifest this divinity within. So, think always, I am ever pure, ever knowing and ever free. This thinking enables us to reach the goal.
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Feel different
All differences in this world are of degrees not in kind, because oneness is the secret of everything. There is only one Self, only one existence and every man is that Self in full, not a part of that Self. According to Swamiji, ethics and morality is based on the intrinsic purity and one-ness feelings.
Feel like Christ or Buddha you will be aChrist or a Buddha.
Be strong and fearless
Jaharlal Nehru writes: “Vivekananda spoke of many things but the one constant retrain of his speech and writing was Abhay- be fearless, be strong….If there is a sin in the world it is weakness, avoid all weakness, weakness is sin, weakness is death.”9So, our duty is to teach men of the strength that is already within them, instead of telling them they are weaker or sinner.
Be truthful
Truth is the nature of all souls. All truth is eternal. Truth is nobody’s property. Truth does not pay homage to any society, ancient or modern. Society has to pay homage to truth. Purity, goodness and truthfulness – all have their origin in the self which is identical with the Absolute Self.
Treat women and men as human beings:
The women are the same spirit of or God as the men. Indebted to the Vedantic view of equality where no discrimination was made between men and women Vivekananda said, “In the highest truth of Parabrahma there is no distinction of sex. Therefore I say, though outwardly there may be difference between men and women, in their real nature, there is none.” 10 Be Secular Vivekananda Says: “ We want to lead mankind to the place where there is neither the Vedas, nor the Bible, nor the Koran, yet this has to be done by harmonizing the Bible and the Koran. Mankind ought to be taught that
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religions are but the varied expression of the religion, which is oneness, so that each may choose the path that suits him best.”11 Swami Vivekananda’s concept of Religion is also nothing but Humanism. According to Vivekananda, although different religions manifest diverse feature of religion, as such Islam, for example, lays emphasis on universal brotherhood, Hinduism on Spirituality,Christianity on self –purification for entering into thekingdom of God, but every religion is running, consciously or unconsciously towards the realisation of oneness and spread unity. The chief aimof every religion is to spread brotherly feelings, peace and happiness.
Conclusion
We think, if the ideology of the Practical Vedanta as advocated by Swamiji, is properly applied and followed by the society, then the problems our society is running through can easily be overcome.Swamiji believes that a country’s future depends on its people. So his teachings, massages focussed on the development of the masses. Swamiji’s valuable teaching and massage will bring truth, freedom, pleasure and bliss. His massage is based on truth, love and tolerance which will enable the people to live together. His massage is the massage of modern humanity. But the question arises, how to apply it?
We think that it is the duty of every teacher, parent and each and every people to apply and also to follow the Swamiji’s messages. For this we have to realise our own self and through proper education we have to raise our conscience. Thust it can be achieved by changing people’s realisations, people’s hearts, by feelings of oneness.
. To Swamiji, ‘Service to God’ means ‘Service’ to the common men who are deprived of the basic needs for existence. His analysis regarding non – dualism (Advaitavada) should become a lifestyle to the Indian Society.. If we can cross the limit of ‘I’ and ‘You’, this feeling will bring love, brotherhood and gratitude. Swamiji bears the light to show the way of a
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safe and peaceful society by his Practical Vedanta. So, in the age of globalization, where we have witnessed mind – blowing success in the field of industrialization, science and research, but moral and ethical values are degenerating day –by-day and here the relevance of Swami Vivekananda is needed.
References
1. Swami Vivekananda, Complete Works, vol- 3, p. 369 (14 th Edition). 2. Swami Vivekananda, Complete Works, vol- 3, p. 171 (14 th Edition). 3. Swami Vivekananda, Complete Works, vol- 3, p. 277 (14 th Edition). 4. Swami Vivekananda, Complete Works Of Swami Vivekananda, Mayavai,Almora, Birth Centenary Ediion, 1963, vol- 1, p.326. 12th Edition. 5. Swami Vivekananda, Complete Works Of Swami Vivekananda, Mayavai,Almora, Birth Centenary Ediion, 1963, vol- 2, p.300. 12th Edition. 6. Swami Vivekananda, Complete Work Of Swami Vivekananda, Mayavai,Almora, Birth Centenary Ediion, 1963, vol- 4, p.358 . 7. Swami Vivekananda, Complete Work Of Swami Vivekananda, Mayavai,Almora, Birth Centenary Ediion, 1963, vol- 3, p.493 . 8. Swami Vivekananda, Complete Works Of Swami Vivekananda, Mayavai,Almora, Birth Centenary Ediion, 1963, vol- 2, p.415.(12th Edition) 9. Jaharlal Neheru, Discovery of India , Oxford University Press,1946, p. 338. 10. Swami Vivekananda, Complete Works Of Swami Vivekananda, Mayavai,Almora, Birth Centenary Ediion, 1963, vol-7, p.219. 11. Swami Vivekananda, Complete Work Of Swami Vivekananda, Mayavai,Almora, Birth Centenary Ediion, 1963, vol- 6, p.416 .
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A CRITICAL VIEW ABOUT INTELLECTUAL PROPERTY RIGHTS AND MEDICINE IN INDIA
Dr. Rakesh Damor Assistant Professor Dean Faculty of Law G.G.T. University, Banswara
Abstract
“Public health is one of the major concerns of the developed and least developed countries and now it has become a global problem. The provision of Parallel Imports authorizes the import of the patented products from the market of a nation, where the patent-holder has put up the invention for sale. In response to the question should medicines and drugs be kept out of patent regime, it is strongly felt that certain very vital lifesaving drugs should not be granted patent, as health of people should be given a priority over individuals economic interest as the patent holder enjoys monopoly rights over the patented invention.”
Introduction
Health is one of the most basic fundamental rights of a human being and adequate measures needs to be taken in order to protect it. Providing access to essential drugs and medicines is one of the means by which this essential right of individual could be protected.
The question whether drugs and medicines should be granted patent protection or should they be kept out of patent protection regime is one of the hotly debated questions in the World Trade Organisation. The issue has attracted strong views and comments from people all across the globe.
The statement by the Secretary General of the United Nations, Kofi Annan in 2001, that “IPR protection is the key to bring forward new medicines, vaccines and diagnostics urgently needed for the health
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of world’s poorest people” was refuted when at the Inter- Ministerial Conference in Doha in 2001, representatives of the developing countries stated that IPR stood in the way of access to drugs for the poor.i
Public health is one of the major concerns of the developed and least developed countries and now it has become a global problem. Diseases such as HIV/AIDS, Malaria, and Tuberculosis are affecting the developing world profoundly. According to the World Health Organisation estimates, more than 1.7 billion people or nearly one third of the world’s population have insufficient or no access to indispensable medicines or drugs with more than 50 per cent of population in India and Africa still in need of access to most critical and fundamental drugs.ii
Trade Related Aspects of Intellectual Property Rights (TRIPS)
The introduction of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of the World Trade Organisation (WTO) in the year 1994 which tries to employ a standardized set of intellectual property protection practices across the nations of the world to offer better strength in global economic associations had mandated stricter standards for the protection Intellectual Property Rights. The agreement required the member nations to comply with its provisions by 2000, 2005 and 2016 depending upon their level of development. The TRIPS agreement requires granting of product patents and drugs and medicines are not exempted from this while prior to this agreement coming into force countries like India used to grant only process patents.
It has created a divide between the promoters of Intellectual Property Rights on one hand and various public health activists and patients on the other. The Intellectual Property Rights advocates are of the opinion that granting of patent protection to drugs is essential and
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fundamental for encouraging investment in research and development and other related activities. The Patent Protection System provides for exclusive monopoly and ownership rights to the patent holder to market the drug and recover the high expenditure and costs incurred by them in discovery of the drug, research and development activities, manufacturing the drug, marketing and promotion or advertising the drug through the sale of the drugs. On the other hand, various public health activists and supporters and patients are of the view that granting of patents rights especially to vital and essential drugs would confer the patent holder with monopoly rights to manufacture and market the drug and prevent other generic pharmaceutical companies from manufacturing and marketing the same. This would lead to serious inhibition of competition in the market for these drugs which would correspondingly result in high prices of these drugs and less access to majority of population who are poor and cannot afford the drugs. For example 150 mg of the HIV drug fluconazole would cost $55 in India where it has not been given patent protection as against $697 in Malaysia, $703 in Indonesia, and $817 in the Philippines where it enjoys patent protection.iii
The Doha WTO Ministerial Conference adopted on 14 November, 2001 recognised the significance of public health problems affecting many developing and least developed countries especially those resulting from HIV/AIDS, malaria, tuberculosis and other epidemics. It stressed the need for the TRIPS Agreement to be part of the wider national and international action to solve these issues. It acknowledged that fact that Intellectual Property Protection is crucial for the growth of new medicines and also recognised the concerns about its effects on prices. The declaration agreed that the TRIPS Agreement does not and should not thwart signatory nations from adopting measures to protect public health. Consequently, while reiterating its commitment to the TRIPS Agreement, it confirmed that the Agreement
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could and should be construed and executed in a manner which would be compassionate towards the WTO members’ right to safeguard public health and in particular to encourage access medicines for all.iv
The declaration provided for certain flexibilities that the member nations could adopt while maintaining their commitment towards the TRIPS agreement. The flexibilities included right to employ certain pro-competitive methods, notably compulsory licences and parallel imports, as required to improve access to health care in the developing and least developed nations.
Licensing Scheme and Compulsory Provisions
The provision of compulsory licensing is dealt under Article 31 of the TRIPS Agreement. Compulsory licensing is a provision whereby the government authority of a particular nation is authorised to license the exploitation of a patented invention to a government agency or a third party without the express approval of the patent holder. There exist certain requirements that need to be satisfied in order to get a compulsory license. Prior to getting such a license, the person or authority who requires such license should have taken pains to obtain permission from the patent holder on realistic commercial conditions and terms. In case the efforts made did not lead to positive and favourable results within a reasonable period of time then the proposed person or authority could ask for a compulsory licence. Nevertheless, in conditions of national emergency or other situations of severe exigency or in cases of public non-commercial usage, such prerequisites could be done away with. Notwithstanding all this the patent holder is compensated with sufficient royalty after taking into consideration the economic value of the permission.v
The TRIPS agreement under its provision contained under Article 6 protects the practice of Parallel import from any challenge under the WTO dispute settlement mechanism. In addition to this,
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each of the signatory nations of WTO is open to institute its own system for such exhaustion without it being to test. The method of parallel imports is useful for those nations who are economically poor and have inadequate infrastructural facilities to manufacture these inventions.
Other nonlife saving drugs could be granted patent as only that would spur innovation and investment in research and development of these drugs. As the TRIPS Agreement provides for patent protection to all drugs and medicines, certain measures are recommended whereby the interest of both the patent holder and the poor masses could be protected, even though health of the masses should remain the priority consideration.
The patent protection regime with regard to drugs and medicines should be adopted only when the nations become economically developed, for instance among the key drug manufacturing countries, United Kingdom had initiated drug product patent protection only in 1949, France in 1960, Germany in 1968, Japan in 1976, and Switzerland in 1977.viThus, it won’t be ethically and morally right on part of the developed countries to seek the developing and least developed nations to enforce stricter patent protection regime when they themselves did not do so at their corresponding stage of development, and enjoyed the privileges of not granting patent protection. Hence the TRIPS Agreement should relax its provisions for the underdeveloped countries and allow these countries more time to implement these policies.
The pharmaceutical industries manufacture and market a wide range of drugs and medicines and patent protection is granted to the majority of them. The patent granted for drugs that is used for curing diseases HIV/AIDS and Cancer should not be given the same importance as the drug or medicine used to cure common cold. It is
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reasonable and logical to grant 20 years patent protection to ordinary drugs however, the health consideration of the masses needs to be looked into while applying the same protection to essential lifesaving drugs. The TRIPS Agreement should provide for a proper meaning and description of what would constitute a “Lifesaving or vital drug” not by merely providing a list of diseases but by adding a description which distinguishes between lifesaving and non-life saving drugs. Few factors that could be looked into while making the distinction are: the dangerous and risky nature of the disease which the drug is intended to cure, accessibility of the substitute drug and the patent holders ability to sufficiently provide for the market that needs the drug or medication. Two different set of patent protection regimes should be adopted, one for the lifesaving drugs and other for the non-life saving drugs which would imply not granting patent protection to the former while granting patents to the latter. By adopting this measure a balance could be made between the Intellectual Property Rights of the individuals’ i.e. pharmaceutical companies and basic fundamental right to health and access to essential medication of the masses.
Conclusions and Suggestions
The provisions of compulsory licensing and parallel imports should be made mandatory by authorised government of each underdeveloped country and needs to be incorporated in their domestic legislation dealing with patent protection and implemented with immediate effect rather than construing these provisions as a mere option which may or may not be implemented by these countries. Only five nations in the world have adopted these provisions in their domestic legislationvii. Rest of the nations should also follow their example. Compulsory licensing and parallel import of vital and lifesaving drugs would help in protecting the health and also provide access to these drugs to majority of masses who are poor in the underdeveloped countries. The right of Patent holder is also protected
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as adequate compensation is given to the patent holder when license is acquired.
There are two kinds of patents which are usually granted to the inventor, i.e. process patents and product patents. Process patent are granted to the way or procedure which is used to create an invention. On the other hand product patent is granted to the invention itself. The patent holder gets comparatively lesser protection with a process as compared to a product patent. Process patent is basically non-existent under the TRIPS agreement which needs to be amended in order to promote public health across the globe. The process patents rather than the product patent should be given with regard to essential drugs and medicines as it would provide necessary protection to the patent holder stimulating research and development and also allow other pharmaceutical companies to reverse engineer the drug and find an alternative process to manufacture the drug. This suggestion would attract lot of criticism from the supporters of Intellectual Property Rights as it reduces the investment in research and development, therefore some limitations could be placed on the second producer of the drug in marketing the drug in the place where the original manufacturing company of the drug has a sizable market interest. This would be a good incentive to manufacture a drug at the same time health of the patients could be protected as drugs could be available at a cheaper price.
Other suggestions to maximise the access to essential drugs and medication would be by make statutory provisions to control the prices of the drugs, the period of patent granted could be reduced from 20 years and by adopting stricter standards while granting patents to drugs for example in the Novartis case, where stricter standards were adopted to prevent ever greening of patent as the cancer drug was refused patent.
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i 1. MD Nair, TRIPS And Access To Affordable Drugs, Journal Of Intellectual Property Rights, Vol 17, July 2012, Pp 305-314
ii 2. World Health Organization, WHO Medicine Strategy:2000- 2003 Framework for action in essential drugs and medicines policy, WHO/EDM/2000.1, p. 9, available at http://www.who.int/medicines/strategy/strategy.pdf
iii 3. A. Sykes, Trips, pharmaceuticals and, developing countries and the Doha solution, Chicago Journal on International Law, v. 3, pp. 27-46, 2002, p. 47.
iv 4. http://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl _trips_e.htmRetrieved on 17.10.2013
v 5. http://www.wto.org/english/tratop_e/trips_e/t_agm3_e.htmRetri eved on 18.10.2013
vi 6. http://www.rediff.com/business/interview/interview-novartis- ruling-is-not-an-anti-patent-judgement/20130410.htmRetrieved on 16.10.2013
vii 7. Junaid Subhan “Scrutinized: The TRIPS Agreement and Public Health” Mcgill J Med. 2006 July; 9(2): 152–159.
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WOMEN AND WORK FORCE PARTICIPATION IN TAMIL NADU AN OVERVIEW
Dr.K.S.Selvanayaki Assistant Professor Department of Women’s Studies Tamil Nadu Institute of Urban Studies Coimbatore , Tamil Nadu, India
Abstract
Women’s economic participation can be mentioned in the field of production of goods and services accounted in the national income statistics. However, female work participation has always been low at 26% compared to 52% of men. The problem is that women have always been at work; only the definitions of work and work plan have never been defined or realistic to include their contribution to the economy and the society. As contributors to the family economy and its survival, their role is far beyond that of man’s. Whose earnings are ‘supplementary’ and ‘secondary’? This paper studies the women and their labour participation with the background data from NSSO 64th round report and census report of Tamil Nadu and India. This study reveals that the informal sector thus provides income-earning opportunity to a larger work force and a larger number of women workers are getting their livelihood from the informal sector. The informal sector, therefore, has been playing a vital role in providing employment in the women economy
Key Words: Female Work Force Participation Rate, Informal Sector, Employment Struture, Wage Rate, Labour Migration
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Introduction
“You can tell the condition of a nation by looking at the status of its women”. - Jawaharlal Nehru When Amartya Sen had taken up the issue of women’s welfare, he was accused in India of voicing “foreign concern”. He was told, Indian women don’t think like that about equality. But he argued saying that if they don’t think like that they should be given an opportunity to think like that.
The International Labour Organisation says that women represent:
i) 50% of the population ii) 30% of the labour force
iii) Perform 60% of all working hours
iv) Receive 10% of the world’s income
v) Own less than 1% of the world’s property
Women’s economic participation can be mentioned in the field of production of goods and services accounted in the national income statistics. However, female work participation has always been low at 26% compared to 52% of men. The problem is that women have always been at work; only the definitions of work and work plan have never been defined or realistic to include their contribution to the economy and the society. Hence we may define a few terms to get a clear picture.
Work Force Participation Rate is the proportion of “working” population to total population.
Labour force excludes children below the age of 15 and old people above the age of 60.
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Worker is one gainfully employed or one working for livelihood- excluding unpaid family workers.
As contributors to the family economy and its survival, their role is far beyond that of man’s. Whose earnings are ‘supplementary’ and ‘secondary’? This paper studies the women and their labour participation with the background data from NSSO 64th round report and census report of Tamil Nadu and India.
Women and Work
Work defines the conditions of human existence in many ways. It may be the case that this is even truer for women than for men, because the responsibility for social reproduction – which largely devolves upon women in most societies – ensures that vast majority of women are inevitably involved in some kind of productive and / or reproductive activity. Despite this, the importance of women’s work generally receives marginal treatment simply because so much of the work regularly performed is ‘invisible’ in terms of market criteria or even in terms of socially dominant perceptions of what constitutes ‘work’. This obviously matters, because it leads to the social underestimation of women’s productive contribution. Inadequate attention is devoted to the conditions of women’s work and their implications for the general material conditions and well being of women (Ghosh, 2006).
According to Chhina, 2009 work of women is defined as any economic productive activity. It may be physical or manual. It may be effective or supervision or direction. It may be self-employed job or regular wage paid employment.
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Genesis of informal sector
The definition of informal sector as adopted by the Fifteenth International conference of Labour Statisticians in 1993, is regarded as a group of household enterprises or unincorporated enterprises owned by households that includes informal own-account enterprises, which may employ contributing family workers and employees on an occasional basis; and enterprises of informal employers, which employ one or more employees on a continuous basis. Although various conceptualizations of the informal sector have been debated ever since the term “informal sector” was coined by the British economist Keith Hart in 1971, the fact remains that it has emerged as a dynamic and vibrant sector, representing a growing proportion of economic activity, particularly in the developing countries.
Female work participation rate
Female work (or workforce) participation rate refers to the percentage of total female workers to the total female population. Work participation involves contributing to the production of goods and services for the market and for own consumption. However, production of services for household consumption such as cooking, fetching water and fuel, childcare, care of elderly and sick is not considered as ‘work’ for purposes of measuring economic output. Thus, much of women’s work with in the home is not included as workforce participation.
Women constitute a significant part of the workforce of Tamil Nadu. A profile of women in work force of the state bringing out the gender differential is presented in the following table.
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Table-1: Profile of women in the workforce of Tamil Nadu Particulars Male Female 1.Total population (million) 2001 314 310 2.Total workforce 224 90 3. Work participation rate (2007-08) 59.5% 35.5% 4. Unemployment rate (rural) 15.3% 14.9% 5. Unemployment rate (urban) 8.1% 9.8% 6. Employment rate (rural) 84.7% 85.1% 7. Employment rate (urban) 91.9% 90.2% Work participation rate continues to be substantially less for females than males. While there has been some improvement is not substantial especially in urban areas. Work participation rate for women which was 7.18 % in urban areas in 1971 went up to only 11.55 % in 2001. As against this, in the rural areas the female work participation rate has shown steady improvement since 1971. It has risen from 15.92 in 1971 to 30.98 in 2001. However, the female work participation rate continues to lag behind that of males.
Table-2: Work participation rate in India (1971-2001) Year Persons Males Females Total 34.17 52.75 14.22 1971 Rural 35.33 53.78 15.92 Urban 29.61 48.88 7.18 Total 36.70 52.62 19.67 1981 Rural 38.79 53.77 23.06 Urban 29.99 49.06 8.31 Total 37.68 51.56 22.73 1991 Rural 40.24 52.50 27.20 Urban 30.44 48.95 9.74 Total 39.26 51.93 25.68 2001 Rural 41.97 52.36 30.98 Urban 32.23 50.85 11.55
Even though the percentage of women gainfully employed has increased from 22.73 in 1991 to 25.68 (as per census of India,
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2001). There is a considerable gap between male and female work participation in both rural and urban areas. Lower female work participation also affects the size of the economy potential of the country not being used. More over, employed women are more likely to be employed than their male counter parts in both urban and rural areas.
Women’s access to employment is significantly related to their access to education and other professional skills. The proportion of women employed in the organized sector is higher in states with higher female literacy. Though female educational attainment is increasing, only about 2-7 % of administrators and managers are women in India (Ministry of finance, 2004).
Women participation in the labor force has risen in many developing countries in recent years. There are at least three factors that explain this trend.
First, with economic development and the ensuing shift of population from rural and agricultural sectors, more women choose to participate in the labor force. Studies on migration and urbanisation in several countries suggest a higher rate of participation for women.
Second, with higher education, women tend to participate in greater numbers in order to capture returns on their investment.
Third, falling real incomes of households and rising poverty in certain countries seem to have persuaded women to participate in the labor force in greater numbers.
In India, for example, only a quarter of the women in working age groups (15 + years), according to the 1981 Census, were in the urban
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labor force; but among low-income households in selected cities, female participation was estimated to be as high as 50 percent in 1991. In addition to the above a variety of other factors including secular changes in the attitudes of women, values of the societies and institutional constraints are believed to have played a vital role too in bringing about a change in the female labor force participation in these countries (Sethuraman, 2002).
Table-3: Employment of women workers and non-workers in Tamil Nadu
Particulars Male Female Total Workers 18,100,397 9,77,885 27,878,282 Main workers 16,303,310 7,454,473 23,757,783 Main cultivators 3,107,543 1,631,276 4,738,819 Main agricultural 3,276,642 2,789,144 6,062,786 laborers Main workers in 594,025 667,034 1,262,059 household industry Main other workers 9,328,100 2,367,019 11,695,119 Marginal workers 1,797,087 2,323,412 4,120,499 Marginal cultivators 154,946 222,274 377,220 Marginal agricultural 982,718 1,592,126 2,574,844 laborers Marginalworkers in 54,564 184,138 138,702 household industry Marginal other workers 604,859 324,874 929,733 Non-workers 13,300,512 21,226,885 34,527,397 Source: 2001 census of India.
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Chart-1
Worker population rate in India (NSSO 64th round report) r e 60 55 rk 52 o w 50n f io o 40t e la g u 29 a 30p Male t o n p Female e 20 14 rc e P 10 0 Rural Urban
The male work participation rates in both the rural and urban areas were considerably higher than female. In both the rural and urban areas, male WPR was nearly 55 %. Compared to this, the female WPR was 29 % in rural areas and 14 % in urban areas.
Employment structure
The employment structure broadly divided in to formal and informal sectors. The ILO’s definition of informal employment, which is activity that is unregulated by the formal institutions and regulations of society such as labor laws, registration, and taxation, which govern similar activities in the formal sector. The ILO identified three groups of informal workers, namely owners of micro-enterprises, own- account workers (self-employed), and dependent workers. The third group encompasses wage laborers engaged in full-time or casual employment generally without a formal contract, and working on a regular or casual basis and unpaid workers, including family members and apprentices. All other workers working in those enterprises form
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the formal sector. Those who are working in formal sector enjoy social security benefits. They earn more than those in the informal sector. The following chart that gives the distribution of workforce in formal and informal sectors.
Chart-2
Workers in formal / informal sector, (as 2001 census) in 300 ( 249.8 rs e rk 200) o n w io 118.2 f l o 100i r m e 23.2 b 4.8 m 0 u N Formal Informal Male Female
The chart-2 indicates that women’s participation in formal sector is very low. It is because of the fact that they are unskilled, whereas most of the jobs in formal sector require the specialization in one field or the other. Most of the factories are located in the cities, where the workers are supposed to work in shifts, day and night and it does not suit the women. The mobility of women labour force and lack of adequate training also affects their services in the organized sector.
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Chart-3
Percentage distribution of workers in informal sector
75.4 rs 80 e rk 70 61.3 o 60 w f 50 o 38.7 Male e 40 g Female ta 30 24.6 n e 20 rc e 10 P 0 Rural Urban
Source: NSSO 64th round report 2008.
The chart-3 gives evidence that in informal sector higher percentage of female workers engaged in rural than urban. In terms of occupation, agriculture seemed to offer employment to the majority of women.
Trends in female employment pattern
By knowing the status with which a worker is placed in an occupation, it may be possible to know one dimension-quality of employment in terms social recognition, income or profit, etc., The following chart shows the various common pattern of female employment with comparison to male.
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Chart-4
Distribution of Employment By Gender Female Male Casual wage 37 labourers 31
Regular salaried 8 employees 18
Self-employed 55 51
0 20 40 60 Number of workers
Look at chart-4 the self-employment is a major source of livelihood for both men and women as this category accounts for more than 50 % of workforce in both diagrams. Casual wage work is the second major source for men and women, more s for the later (37%). When it comes to regular salaried employment men are found to be so engaged in greater proportion. They form 18 % whereas women form only 8 %. One of the reasons could be skill requirement. Since regular salaried jobs require skills and a higher level of literacy, women might not have been engaged t a great extent.
Gender disparity on daily wages
The wage rate for women labourers both in regular salaried employment and casual labourers were comparatively too low than that of males to maintain their family expenses. Women continue to accept the low wage only to maintain their subsistence. There are several
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reasons for women receiving lower wages (Halim, 2004). These are as follows:
The supply is more than the demand for women labourers; therefore, the employer takes the advantage of the situation and exploits women’s labour.
Absence of any other better alternative is compelling women to do such works with low wage.
Paymaster claims that men work more than women. Chart-5
Wage rates for per person of age 15-59 years
.) 300 s 238.41 R250 ( 200 171.68 Regular salaried s persons te 150 a 67.09 Casual r 100 48.51 e labourers g 50 a 0 W Male Female
Source: NSSO 64th round report
The above chart clearly shows the gender disparity that the female wage rate for both in regular salaried employees and casual labourers is too low than for males. Despite this gender discrimination and obstacles to women’s advancement, women’s relative wages are also not improved in relation to male wages. On the other hand, the “preference” for male workers must be contrasted with the female workers observed. As no employer would employ a women if he could
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get a man for the same money, women who wished to get any employment could do so only by offering to do it for less than man (Bernard Shaw, 1923).
Female labour migration
No doubt these labour market changes have had their impact on rural-urban migration as well, female economic migration being more pronounced in the recent ten to fifteen years. Changes in the rural economy also have contributed to this increased female migration.
Above all the migration of women either before or after marriage and their work participation has close linkage. Magnitude of rural-rural, rural-urban, urban-rural and urban-urban migration within a state strongly decides their work force participation (Sundari, 2007).
Chart-6
Migration rate per 1000 population
600
477 500 456 ts n 400 ra ig Rural m 300 259 f Urban .o o 200 N
100 54
0 Male Female
Source: NSSO 64th round report
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Nearly 60 percent of urban male migrants and 59 percent of female migrant shad migrated from rural areas. The most prominent reason for female migration in both rural and urban areas was marriage: for 91 percent of rural female migrants and 61 percent of the urban female migrants the reason was marriage. The reason for migration for male migrant was dominated by employment reasons, in both rural and urban areas. Nearly 29 percent of rural male migrants and 56 percent of urban male migrants had migrated due to employment related reasons.
Chart-7
Proportion of migrants for emplo yment related reasons per 1000 p opulation
600 557 ts 500 n ra 400 ig 286 Rural m 300 f o Urban . 200 o N 100 7 27 0 Male Female
Source: NSSO 64th round report Conclusion
In informal sector corresponding proportions in urban India were 44 per cent for males and 45 per cent for females. In the rural areas, 67 per cent of usually employed males and 84 per cent of usually employed females were engaged in the agricultural sector. The gender differential in the worker population ratio (WPR) was distinct: 55 per cent for males and 33 per cent for females in the rural areas, and 55 per cent for males and 17 per cent for females in the urban areas.
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The size of the informal sector is relatively large and will continue to be so in the years to come in view of the limited employment opportunities in the formal sector as also due to the outsourcing of a number of occupations/activities from the formal sector. The results of the Survey of the National Sample Survey Organisation (NSSO), carried out in 2007-2008, revealed the same. The informal sector thus provides income-earning opportunity to a larger work force and a larger number of workers are getting their livelihood from the informal sector. The informal sector, therefore, has been playing a vital role in providing employment in the women economy.
References Books 1. Murty,S.& Gaur K.D.(2002), women work participation and empowerment: Problems and Prospects, RBSA publishers, Jaipur, pp.65-94. 2. Pam rajput & Hem Lata Swarup (1994), Women and Globalisation, Ashish publishing house, New Delhi, pp.227-234. 3. Veena Gandotra and Sarjoo Patel (2009), Women, Working Conditions and Efficiency-The Indian Experience, New Century Publications, New Delhi, pp.3-17. 4. Chhina S.S. (2009), women Labour-Problems and Policy implications, Regal publications, New Delhi, pp.1-8, 73-74. 5. Sundari. S. (2007), Migrant Women and Urban Labour Market: Concepts and Case Studies of Problems, Gains and Losses, Deep and Deep Publications Pvt.Ltd., New Delhi, pp.67-100. 6. Bernard Shaw (1923): Women in the labour market, The Intelligent Women’s Guide to Socialism, Capitalism and Fascism, Pelican Books.
Journals 1. Shanthi.K (2003): Female Labour Migration in India: Insights From NSSO Data
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2. Lourdes Neneria (2001): Changing Employment Patterns and Informalization of Jobs: General Trends and Gender Dimensions, The International Labour Office, Geneva, Szitzerland. 3. Sethuraman, S.V., (2002) Gender, Informality and Poverty: A Global Review Gender bias in female informal employment and incomes in developing Countries 4. Shahnaz Kazi and Zeba A. Sathar (Winter 1993), Informalisation of Women’s Work: Consequence for Fertility and Child Schooling in Urban Pakistan, The Pakistan Development Review, 32:4 Part II (Winter 1993), pp. 887-893. 5. Pecyush bajpai, et.al, (2005), Social and Economic Profile of India, Social Science Press, pp. 112-118. 6. Sadeka Halim, (2004), Marginalisation or Empowerment? Women’s involvement in cultivation in Bangladesh, Women, Gender and Discrimination: University of Rajshahi, pp. 95- 112. 7. Jayati Ghosh, (2006), Informalisation and women’s workforce participation: A Consideration of recent trends in India, UNRISD report, Geneva. Government Reports th 8. NSSO 64 round report No. 531: Employment and Unemployment Situation in India, July 2007-June 2008. 9. Economic Survey, Ministry of Finance, 2004, Government of India. 10. Annual Reports, Ministry of Labour, Government of India, Delhi. 11. Census of India 2001, primary census abstract, Registrar General of Census Operations, Ministry of Home Affairs, Government of India, Delhi. 12. State Planning Commission Report, Tamil Nadu. 13. Employment: Growth, Informalisation and other issues, Indian Economic Development Report. Websites www.censusofindia.nic.in 14. http://industrialrelations.naukrihub.cm/women- employment.html 15. http://humanresources.about.com/od/worklifebalance/a/busines s_women.htm
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16. Devika, P. (2009), Issues and Challenges of Employment in Unorganised Sector http://www.articlesbase.com/finance. 17. http://www.ilo.org/wow/Articles/lang-- en/WCMS_081324/index.htm
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SEXUAL HEALTH & HIV/AIDS RELATED KNOWLEDGE, TRANSMISSION & PREVENTION AMONG MARRIED WOMEN IN INDIA – A STUDY
Dr.N.Ravichandran Academician Indian Maritime University Visakhapatnam Campus Gandhigram, Visakhapatnam
Abstract
Sexual health is a state of physical, emotional, mental and social well-being in relation to sexuality. It is not merely the absence of disease, dysfunction or infirmity. It requires a positive and respectful approach to sexuality and sexual relationships, as well as the possibility of having pleasurable and safe sexual experiences, free of coercion, discrimination and violence. For sexual health to be attained and maintained, the sexual rights of all persons must be respected, protected and fulfilled. Human Immunodeficiency Virus (HIV)/Acquired Immunodeficiency Syndrome (AIDS) has the most dreaded disease of mankind in the recent years. The causative agent for this disease is a very tiny microorganism known as the HIV type-1. This belongs to a retro virus family and exclusively affects human beings and not identified in animals. This virus behaves in a unique manner and affects the defense mechanisms of the human body and specifically attacking white blood cells which multiplies and over a varying duration of 5 to 10 years, the infection manifests with many symptoms related to the loss of body mechanism is the stage called AIDS. Approximately 33.2 million people throughout the world are living with HIV and an estimated 25 million have died from the virus. Globally the pandemic has infiltrated all areas of life and has particularly affected reproductive and sexual health. Some of the most contentious and challenging public health issues arising from the
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HIV/AIDS pandemic involve reproductive and sexual health. Basic health care and a range of services are fundamental to reproductive and sexual health. There are increasing numbers of people living with HIV; the rates of sexually transmitted infections have increased significantly in recent years. Creating awareness, transmission and prevention in the society is more important on HIV/AIDS and these three factors are included with sexual health. In this study few statistical data drawn from different sources are being considered and other empirical evidences used.
The objective of the study involves sexual health & HIV/AIDS related knowledge, transmission, misconception and prevention. The study involved in the reproductive age group of 15-49 of ever married women and Data drawn from DLHS 3, NFHS for the purpose of the study. According DLHS-3 ever married women age of 15-49 has total of 6,43,944. Out of that 5,02,272 women from rural and 1,39,672 respondents from urban background respectively. The awareness, transmission, prevention and misconception of the respondents compared with certain background characteristics. Evidence suggests that, many people lack the information they want and need to make informed choices that will affect their sexual health. There is a relationship between sexual ill health, poverty and social exclusion. Sexual health affects our physical and psychological wellbeing and is central to some of the most important and lasting relationships in our lives. This paper focused the risk factors of HIV transmission, prevention, testing and counselling in order to keep the good sexual health. In order to protect our sexual health, safe sex methods such as using condoms, negotiated safety relationship and Pre-exposure Prophylaxis (PrEP) have to be adopted. Free services have to be provided on sexual health, sex and relationship education and free HIV testing and counseling. No one can refuse that there are many challenges explaining the relationship between Sexual health &
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HIV/AIDS for all people. A persons health is inescapably linked to the sexual health of his/her partner (s). To achieve and maintain sexual health, the sexual rights of all persons must be protected, respected and fulfilled. Lack of awareness leads to transmission of HIV and affects the sexual health.
Keywords: Sexual health, relationship, HIV/AIDS, awareness, wellbeing, study, condom, ailment, transmission, prevention, misconception, discrimination
Introduction
This article is presenting the sexual health and HIV/AIDS related knowledge, transmission and prevention among married women in the age group of 15-49 in India. At the outset it is important to define about, sexual health and HIV/AIDS before a study on awareness, transmission and prevention.
Sexual Health: According to the World Health Organization (WHO 2006) Sexual health is a state of physical, emotional, mental and social well-being in relation to sexuality. It is not merely the absence of disease, dysfunction or infirmity. It requires a positive and respectful approach to sexuality and sexual relationships, as well as the possibility of having pleasurable and safe sexual experiences, free of coercion, discrimination and violence. For sexual health to be attained and maintained, the sexual rights of all persons must be respected, protected and fulfilled.
HIV/AIDS: Human Immunodeficiency Virus (HIV)/Acquired Immunodeficiency Syndrome (AIDS) has the most dreaded disease of mankind in the recent years. The causative agent for this disease is a very tiny microorganism known as the HIV type-1. This belongs to a retro virus family and exclusively affects human beings and not identified in animals. This virus behaves in a unique manner and
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affects the defense mechanisms of the human body and specifically attacking white blood cells which multiplies and over a varying duration of 5 to 10 years, the infection manifests with many symptoms related to the loss of body mechanism is the stage called AIDS.
Objective of the study
Examine the sexual health
Study the awareness on HIV/AIDS
Assess knowledge on Transmission of HIV/AIDS
Assess the knowledge of prevention of HIV/AIDS Methodology
The study involved in the reproductive age group of 15-49 of ever married women and Data drawn from DLHS 3, NFHS and other empirical evidences used for the purpose of the study. According DLHS- 3 ever married women age of 15-49 has total of 6,43,944. Out of that 5,02,272 women from rural and 1,39,672 respondents from urban background respectively. The HIV/AIDS related knowledge, transmission and prevention among married women are correlated with certain background characteristics in this study.
Review of Literature: Sexual health means more than the absence of sexually transmitted infections, or the absence of other medical conditions that might prevent you from having fulfilling a sex life. It is not just the lack of such ailments or conditions, but the presence of a satisfying, respectful and beneficial sexual part of our life. Sexual and reproduction are vital aspects of personal identity and are fundamental to human well being fulfilling relationship within diverse cultural contexts. Approximately 33.2 million people throughout the world are living with HIV and an estimated 25 million have died from the virus. Globally the pandemic has infiltrated all areas of life and has particularly affected reproductive and sexual health. Some of the most
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contentious and challenging public health issues arising from the HIV/AIDS pandemic involve reproductive and sexual health. Basic health care and a range of services are fundamental to reproductive and sexual health.
AIDS is known as one of the greatest “mimicking” diseases, because it manifest as symptoms pertaining to many organ systems of the human body. The complexity of the symptoms of AIDS makes the fatal event different for every patient. One patient may die of pneumonia, another may die of tuberculosis, and another may die of cancer or liver, kidney, brain and nervous systems diseases, etc., Hence it is possible that if AIDS is undiagnosed in a patient, it may be erroneously assumed that the patient died of other diseases. Since the epidemic began in the early 1980’s, AIDS has caused more than 30 million deaths and orphaned more than 14 million children worldwide. According to the UNAIDS/WHO estimates show that, in 2004 alone 4.9 million people were newly infected with HIV.
The overwhelming majority of people with HIV, some 95 percent of the global total, live in the developing world. The proportion is set to grow even further as infection rates continue to rise in countries where poverty, poor health care systems and limited resources for prevention and careful the spread of the virus. The statistics are merely estimates that reflect many assumptions and uncertainties the situation in particular countries, such as those where accurate data are hardest to obtain, may be better or worse. Of all people between 15 and 49 years of age worldwide, 1.1 percent is now infected with HIV. In the present paper, data has been taken from the District Level Household Survey under Reproductive Child Health Project for the study. Variety of articles addressing the science and practical applications of sexual health, an important health promotion concept with the potential for improving population health in a broad range of areas related to sexual behavior including human immunodeficiency virus (HIV) acquired
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immunodeficiency syndrome (AIDS), sexually transmitted disease (STDs), viral hepatitis, teen and unintended pregnancy and sexual violence. The concept of sexual health evolved since its initial articulation by the World Health Organization (WHO) in 1975, but it has generally emphasized well-being across a range of life domains (e.g. Physical, mental and emotional) rather than simply the absence of disease or other adverse outcomes. More recently, the Centers for Disease Control and Prevention (CDC)/Health Resources and Services Administration Advisory Committee on HIV, Viral Hepatitis, and STD Prevention and Treatment (CHAC) has developed the following revised definition of sexual health recommended for use in the U.S:
Sexual health is a state of well-being in relation to sexuality across the life span that involves physical, emotional, mental, social and spiritual dimensions. Sexual health is an intrinsic element of human health and is based on a appositive, equitable, and respectful approach to sexuality, relationships and reproduction, that is free of coercion, fear, discrimination, stigma, shame and violence, It includes: the ability to understand the benefits, risks and responsibilities of sexual behavior; the prevention and care of disease and other adverse outcomes; and the possibility of fulfilling sexual relationships. Sexual health is impacted by socioeconomic and cultural contexts – including policies, practices and services – that support healthy outcomes for individual, families, and their communities. India has the third largest HIV epidemic in the world. In 2016, HIV prevalence in India was an estimated 0.3%. This figure is small compared to most other middle income countries but because of India’s huge population (1.324 billion) this equates to 2.1 million people living with HIV. In the same year an estimated 62,000 people died from AIDS related illnesses. The HIV epidemic in India is driven by heterosexual sex, which accounted for 87 percent of new infections in 2015.
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The fieldwork for India was conducted and gathered information from 601,509 households, 699,686 women and 103,525 men. According to the NFHS 4 data, women who have comprehensive knowledge of HIV/AIDS shows 28.1 percent in urban and 16.9 percent in rural areas. Comparatively men who have comprehensive knowledge of HIV/AIDS show high percentage as 37.8 percent in urban locality and 29.2 percent in rural areas.. Comprehensive knowledge means knowing that consistent use of condoms every time they have sex and having just one uninfected faithful sex partner can reduce the chance of getting HIV/AIDS, knowing that a healthy looking person can have HIV/AIDS, and rejecting the two most common misconceptions about transmission or prevention of HIV/AIDS.
More than fifty percent ever married women in the age group 15-49 with selected back ground characteristics have heard about HIV/AIDS, Knowledge of HIV/AIDS was low among young women, rural women, non-literate women, women from scheduled tribes, women from households with a low standard of living and women from other religious groups. It is well known that Urban and rural awareness is a key indicator. As expected, knowledge of HIV/AIDS steadily increased with an increase in educational level and the standard of living.
Sexual Health Condition
Sound reproductive health is integral to the vision that every child is wanted, every birth is safe, every young person is free from HIV, and every girl and woman is treated with dignity. Implicit in this vision is the idea that men and women will be able to exercise their rights to information on and access to safe, affordable and acceptable methods of fertility regulation as well as quality health care services. Several studies highlight the widespread prevalence of sexually transmitted and reproductive tract infections. In a countrywide
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community based study, prevalence was nearly 6 percent in 15-50 years age group. The problem is further compounded by the prevailing culture of silence, as women are generally reluctant to seek medical treatment for these symptoms. Sexual health awareness includes sex basics, reproductive issues, vaginal dryness, lack of desire, erectile dysfunction and physical challenges. 40 percent of women aged 18-24 reported having had sex by the age of 18. This proportion was higher in rural areas (48 percent) than in urban areas (24 percent) and in poorest households (65 percent) than in the wealthiest (14 percent). It is well established that marrying early may limit educational & professional opportunities still many Indian women particularly those who are poor or rural are married as teenagers.
Awareness on HIV/AIDS
The aims of the study were to describe awareness, transmission and prevention of HIV/AIDS among married women in both urban and rural areas to different exposure and their knowledge of HIV/AIDS. The problem of HIV transmission among women still constitutes high figures in the global trends, in 2012 it was estimated that 17.7 million women were infected with HIV/AIDS in the world and HIV/AIDS was the major cause of death for women aged 15-44 years.
Awareness of Women on HIV/AIDS
TABLE - 1
Awareness of HIV/AIDS Urban Rural % Total % % Women who have heard of HIV/AIDS 79.4 49.5 59.0 Women underwent test for detecting 13.5 8.3 10.5 HIV/AIDS Women who know the place to go for 68.5 56.1 61.4 testing HIV/AIDS Source: DLHS-3
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It was observed from the above table that the awareness level shows less than three fifth of the women have heard of HIV/AIDS with urban respondents having high level of awareness in India. More than sixty percent of the respondents who know the place to go for testing HIV/AIDS and rural respondent’s level of awareness are considerably better as 56.1 percent. The overall women underwent test for detecting HIV/AIDS indicate 10.5 percent which seems to be very low as compare to other awareness.
Source DLHS:3
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Television is vital source to create awareness on HIV/AIDS among the married women with 74 percent in India. However 88 percent women belong to urban residents and 63 percent women belongs to rural residents respectively. Followed by relatives/friends with 44.3 percent became the second highest level of awareness. Surprisingly 48.6 percent rural respondents reported that their source of knowledge is through relatives and friends. 55.8 percent of non- literates and 59.8 percent with Low wealth index have reported that they gained awareness through friends and relatives. Both radio and media is responsible for source of knowledge of HIV/AIDS with 35.6 and 32.1 percent respectively. However the overall respondent awareness stands at 59.0 percent. 10.4 percent respondents reported that their husband is their source of knowledge for HIV/AIDS. Education level of >10 years and high wealth index of respondents reported that TV is the main source of knowledge of HIV/AIDS. 32.1 percent women reported that media is their source of knowledge and out of which 42.5 percent from urban and 24.4 percent are from the rural backgrounds. Respondents slightly more than one tenth of the respondents reported that they gained awareness through adult education & community meetings.
Most commonly people get or transmit HIV through sexual behaviors and needle or syringe use. Certain body fluids such as semen, blood, pre seminal fluid, rectal fluids and breast milk - from a person who has HIV can transmit HIV. Unsafe sex, unprotected sex, sharing needles, syringes, oral sex, blood transfusions, and blood products also transmit HIV.
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Awareness on Transmission of HIV/AIDS TABLE – 3
Source DLHS: 3
Unsafe sex is sexual activity in which precautions are not taken due to the risk of spreading sexually transmitted diseases like AIDS. Sex without using a condom can put you at greater risk of catching a sexually transmitted infection. The above table indicates that 66.1 percent respondent’s having knowledge of transmission of HIV/AIDS happens with unsafe sex with person having many partners and more than three fifth of the respondents from the urban and rural reported this source of knowledge of transmission of HI/AIDS. More than 60 percent of the women of education and wealth index background indicated that, they have this awareness on transmission of HIV/AIDS. Whereas, 55.1 percent of married women believed that, the transmission of HIV/AIDS spread through transfusion of infected blood. Half of the women respondents in the rural back ground reported this awareness of transmission. Less than two fifth of the respondents married women having the knowledge of transmission
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occurs through unprotected sex with HIV/AIDS infected person and unsafe sex with sex workers respectively. More than 30 percent of the non-literate and low wealth index women expressed the HIV/AIDS transmitted through unsafe sex with sex workers. Respondent’s knowledge of infected mother to child shows 29.8 percent and in which 33.6 percent married women are from urban background. Nearly forty percent of the respondents of education background of >10 reported that the transmission is from mother to child.
Misconception of Transmission of HIV/AIDS
TABLE – 4
Source DLHS: 3
It is learnt that 21.6percent respondents having misconception of transmission from mosquito, flea or debug. 16.6 percent from urban and 25.4 percent from rural having misconception that the HIV/AIDS is transmitted through mosquito, flea or bedbugs. Followed by 13.6 percent women, having misconception of transmission by stepping of someone’s urine/stool and 13.2 percent of respondents said that sharing
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of food is the source of transmission of HIV/AIDS. Misconception of transmission by sharing cloth, hugging and shaking hand shows 11.2, 9.0 and 7.9 percent respectively. More than 10 percent of respondents of the rural background revealed other misconception of transmission.
Prevention of HIV/AIDS
TABLE – 5
Source: DLHS 3
Respondent’s knowledge on prevention of HIV/AIDS from the above table shows that 66.1 percent having the knowledge of sex with one partner/ avoid homosexual. Out of this 62.5 rural respondents, 57.3 percent of non-literates and 51.9 percent with low wealth index reported that this source of knowledge for prevention of HIV/AIDS. Followed by 53.4 percent respondents opined that avoid risks getting infected through blood. 72.4 percent of respondents with >10 education and 58.6 percent of high wealth index disclosed that avoid risks getting infected through blood for prevention. Using of condoms is the best practice for prevention of HIV/AIDS and it plays an important role during intercourse. 34.2 percent of married women having the
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knowledge of using condom correctly during each sexual intercourse. However, it may be observed that the rural respondent’s percentage is found less than the national level. It was discovered from the data clearly indicates that respondent with <5 education (21.7 percent) and medium wealth index (20.3 percent) reported HIV/AIDS could be prevented by abstain from sex. More than one third of the respondent believes avoiding pregnancy when having HIV/AIDS would reduce the chances of getting HIV/AIDS.
Summary & Conclusion:
No one can refuse that, there are many challenges explaining the relationship between Sexual health & HIV/AIDS for all people. A persons health is inescapably linked to the sexual health of his/her partner (s). To achieve and maintain sexual health, the sexual rights of all persons must be protected, respected and fulfilled. Lack of awareness leads to transmission of HIV and affects the sexual health. In order to protect our sexual health, safe sex methods such as using condoms, negotiated safety relationship and Pre-Exposure Prophylaxis (PrEP) have to be adopted. Free services have to be provided on sexual health, sex and relationship education and free HIV testing and counseling.
The source of knowledge, transmission, misconception and prevention is correlated to residence, education and wealth index background characteristics. Nearly half of the rural respondents at national level have heard about the HIV/AIDS. Whereas 56.1 percent of the women who know the place for testing HIV/AIDS. Electronic media plays an important role for creating knowledge of HIV/AIDS particularly among rural women. 44.3 percent of the ever married women that their source of knowledge through relatives and friends and surprisingly 48.3 percent from rural residents. Respondent’s knowledge comparatively better on transmission through unsafe sex,
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transfusion of blood, unprotected sex and infected mother to child. It may be observed from the data that the misconception level of the respondents was observed less than 30 percent of the selected background characteristics. According to source of knowledge for prevention of HIV/AIDS respondents with >10 years of education and high wealth index having better knowledge than other background characteristics.
References
1. AVERT = HIV and AIDS in India
2. Department of Health and Human Services (US), CDC/HRSA Advisory Committee on HIV, Viral Hepatitis, and STD Prevention and Treatment. Atlanta {cited 2012 Nov 13} Draft record of the proceedings; 2012 May 8- 9
3. District Level Household Survey (DLHS – 3), India
4. DLHS Report 3 Pg151
5. Edward WM, Coleman E. Defining sexual health: a descriptive overview. Arch Sex Behav. 2004; 33:189-95. (PubMed)
6. NFHS-4 2015-16 India Fact Sheet, Ministry of Health and Family Welfare
7. NFHS 4 Report 2016 Pg6
8. Stein Brook R (2004). The AIDS epidemic in 2004. New England Journal of Medicine, 2004 Jul 8;
9. UNAIDS 2002 Report in the Global HIV/AIDS Epidemic. Geneva: UNAIDS
10. UNAIDS/WHO 2004 Report on the Global AIDS epidemics.
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11. WHO and treatment in human sexuality: The training of health professionals – WHO Technical Report Series No.572, Geneva: WHO; 1975 (PubMed),
12. World Health Organization (WHO) 2006
13. WHO, UNAIDS. Core epidemiology 2013.
Web References
14. https://india.unfpa.org
15. https://www.guttmacher.org
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WORKING WOMEN IN MUSLIM COMMUNITY: A SOCIOLOGICAL STUDY IN DAKSHINA KANNADA DISTRICT
Kamrunnisa Asadi Research Scholar Department of Sociology Mangalore University, D.K Karnataka, India
Abstract
“The right of independent ownership” was ordered by Islam to the women. As per the Islamic law, a woman possesses complete right over her money or other properties; irrespective of being single or married. Thus Islamic law does not consider a woman lesser, just for the reason of her being a female. Moreover she is completed professional selling, buying a mortgaging or her properties. Regarding the employment, the status of women as the mother and as a wife, these two roles are the most essentials in shaping features of the children and upcoming generations and as a whole building the nations. Islam allows women to seek employment when necessary but at the same time she needs to keep in mind the nature of work. This study is an attempt to access the useful participation of Muslim women in employment field of Dakshina Kannada District. The data was collected from 100 participants, using semi structured questionnaire from Muslim women in D.K. As per major findings of the study, the change has been taken place on socioeconomic, educational and occupational status of the respondents. All respondents are employed in different levels of job, motivation for their employment, they have individual freedom to spend their earnings on different purposes and they would support their daughters/ daughter-in-laws/ a girl for employment in their family in Dakshina Kannada.
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Introduction
The women of western world took more than seventy, eighty years demanding treatments as “human equals”. In the similar way the women of India began to follow the footprints of the western women. Although the key targets remain similar in order to establish equality between men and women in different settings such as public places, work place, home, school yards and they are as follows improvement of health care education, job opportunity etc. Although women all over the world are trying their level best to become independent, the additional problems which an Indian women needs to challenge is the caste system, insecurity, burdening of religious customs and traditional role. There was a time when the Indian women accepted the secondary status allotted to them. But in the recent years due to the increasing western influence, independent groups, many organisations the role is slowly changing in its development.
Clear cut instructions have been provided by the most authentic book i.e. the holly Quran regarding equality between men and women. It state that, in the sight of God the women is equal to men in terms of her rights and responsibilities (Quran 74:38) to (Quran 2:36, 7:20-24) Women is no different from men in terms of religious obligations such as the poor due, daily five times prayers, fasting and pilgrimage. In a few cases woman has liberty over man such as during menstrual periods and forty days after her child birth, she is exempted from the daily prayers.”
Social development is a process of planned institutional changed aimed at bring about a fit between human needs and aspirations on one hand and social policies and programmes on the other hand. At present situation all citizens of India wants to participate in development process to take benefit and improve or secure their future. The solution
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of human misery involved and distributed income, goods, service and opportunities. Social problems solutions solve at their level.
Women’s education and work in different fields have developed their personality, self-confidence and initiatives. An awareness of their Islamic rights and responsibilities has inspired many of them to be committed to the Islamic message of justice, peace and prosperity. These concrete developments have provided a support for the Muslim woman, stronger than any philosophical or legal argument. On the other hand, Muslim men have realized the social change and have become more inclined to deal with it. Muslims can play positive role in the contemporary world and get their message heard by all people, while a half of their population is suppressed or neglected.
Review of literature
In this article author mentioned about both educated and uneducated women’s both tradition or modern work participation is more than male in society. That work participation of women has its own role. (Kalpana Bardhan 1985)That role is derives from women’s status, whether in qualitative or quantitative in class hierarchy of ridden society. But in some part of our country, educated women become mentally strong, launched organizations raised voiced against their problem which women faced either in family or outside the household for gender equality and her status in society.
Authors says about women and work in any field like self employed, private or government jobs without support of family members she may not be satisfied with her role and position in society. (Karuna and Ahmad 1979) So that, women status does not change, but it will change on courage, desire and challenge if she has, these are given to her to play a vital role in inside and outside the family. Then she enjoys her role and positions in given society.
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This study pointed out the Islamic religion gives the education, free to select of her husband, employment, provision of divorce if it is necessary in life, equality and protection of women under this religion. (Asghar Ali Engineer. 1987)This study makes out equal status of women with the dynamic of change.
This study indicated about Muslim women in Kerala and identified the several aspects like education of girls, marriage, decision making, size of family, women’s property right, employment, political participation, social and cultural activities outside of home. (Indu Menon. 1981) These are indicated that the women equality with men with socioeconomic, cultural and institutional factors which brings about changing status of Muslim women in India.
This study was taken by M. Indu Menon on Muslim traditional and Modern Education in Kerala. Author collected data related her study among 450 respondents from four different Taluks of Kerala state. Islam encourages the women education. It is essential for both man and women for development of family. But Muslim community discouraged for women education due to lack of early marriages, seclusion, lack of proper educational institution near to their home, burden of religious and secular education received by girl at a time etc. Indian constitution provides compulsory educational rights between girls and boys in this sake parents sent to their daughter to education. (M. Indu Menon. 1979) Many Muslim scholars started a girl’s educational institution. Most of the parents favour of separate girls educational institution than co-education in their traditional system. Day by day society takes changes on influences of modern social process. Muslim women impacted by these processes, as a result Muslim women have to come out from their homes with their new roles through education and employment purpose.
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Objectives of the study
The present study has two objectives.
1. To understand the socioeconomic profile of working women in Muslim community at study area.
2. To access the factors responsible for employment of working women in Muslim community at study area.
Methodology
The present study is an attempt to understand the working women in Muslim community: A Sociological study in Dakshina Kannada District. There are five taluks, in D.K. namely, Bantawala, Belthangadi, Mangalore, Puttur and Sullia. All taluks are selected for this study. This study is based on both primary and secondary data. Primary data has been collected from 100 participants of working women in Muslim community by using a semi structured questionnaire. The secondary data has been collected from the journals, e-journals, books, articles. Muslims are dispersed throughout the district and 24 per cent populated as per 2011 Census Report but relatively second largest and first minority community, in Dakshina Kannada district.
Conceptual framework
Women in the workforce earning wages or a salary are part of a modern social phenomenon, but women have been challenged by inequality in the workforce. Until modern times, legal and cultural practices, combined with the inertia of longstanding religious and educational conventions, restricted women's entry and participation in the workforce. Economic dependencies upon men, and consequently the poor socio-economic status of women, have had the same impact, particularly as occupations have become professionalized over the 19th and 20th centuries. Women's lack of access to higher education had
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effectively excluded them from the practice of well-paid and high status occupations. However, through the 20th century, public perceptions of paid work shifted as the workforce increasingly moved to office jobs. Women are viewed as the primary caregiver to children still to this day so their pay is lowered when they have children because businesses do not expect them to stay long after the birth. The increasing rates of women contributing in the work force has led to a more equal disbursement of hours worked across the regions of the world remains unequal in many occupations and places around the world.
Against modernisation and material progress of Indian Muslim women, parents encourage their daughters to complete education with the boy child. Studies conducted in scientific manner bring out the attitudes, efforts and struggles of those families which help the daughter to overcome their difficulties and those families which accepted those educated moderately modernised young ladies as their daughter in laws. Studies highlight the broader side of Dakshina Kannada district. Muslim women in word but also projected inspirational a ladies model in the work sector for young generation of time to time not necessarily accept older traditions regarding education and job. New role models and inspirations are available in the recent decades of Muslim social structure.
Findings of this study
Data was collected from the participants aged between 18 to 58 years. Consisting of 40 per cent of 18 to 28 age group, 28 per cent of 28 to 38 age group, 18 per cent of 38 to 48 age group and 14 per cent of 48 to 58 age groups respectively. Marital status of respondents are unmarried 27 per cent, married 66 per cent, divorced 2 per cent and widow 5 per cent respectively.
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Educational levels of respondents, 2 per cent of illiterate, primary educated 10 per cent, 16 per cent secondary educated, PUC educated 11 per cent, graduate 27 per cent respondent, Post-graduate 25 per cent and professional educated 9 per cent respondent. It means rapid growth of educational institutions denied the illiteracy. Muslim also giving the encouragement and contribution in educational field in Dakshina Kannada district Annual Income of respondent’s family,18 per cent respondent has below 1,00,000 annual income of her family, 24 per cent respondent having 1,00,000 to 5,00,000 AIF, 52 per cent respondent has been 5,00,000 to 10,00,000 AIF, 6 per cent respondent having above 10,00,000 annual income of their family. Some respondent’s family members are working in abroad for their social and economic status. Area of resident of respondent, this study conducted from both rural and urban area in DK. 50 per cent data collected from rural area and 50 per cent data collected from urban area on working women in Muslim community. Taluks belongs to respondent: researcher has done the field survey from five taluks of DK. From each taluk data collected the certain number of respondent, from Bantwala 24 per cent, Belthangadi 10 per cent, Mangalore 47 per cent, Puttur 13 per cent and Sullia 6 per cent respondent of employed Muslim women. More number of Muslims resided in Mangalore due to amenities. Respondent engaged in different type of job, 5 per cent respondent occupied in government job. Here government job indicate the teacher, lecturer, doctor and clerk in town Panchayat. 70 per cent respondents are working in private institutions. It like teachers, lecturers, sales girls in Muslim shops, nurse in hospital. Self employed 11 per cent that is
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tailoring at home and daily wages14 per cent from rural area. Who were poor, illiterate and up to high school educated respondents rolling Beedi. It means education gives a good position in employment as well as in social life. Total 73 respondents are married (it included both widow and divorced) in that 42 respondents are employed before marriage and 31 respondents are employed after marriage, rest of them are unmarried respondent working in different levels of job. All respondent said that Burqa does not an obstacle for social change among Muslim women because all respondents wish to wear the Burqa to their work place. Most of the Muslim women are working in Muslim Institutions so no problem of Burqa. Some respondents are working in non Muslim institutions, but also not an obstacle, they remove the Burqa inside the institution. Motivation of employment consisting of 51 per cent respondent said that to be independent, 23 per cent respondent said that to support family needs and 26 per cent respondent said that for self confidence is motivational factor of their employment. This study shows a clear picture that employment gives a stronger and independent life of an individual. 10 per cent respondent said that, they decided self on their life, it included both divorced, widow and unmarried respondent. 24 per cent respondent said that their parents or family members and them together taking decisions on any matters and 66 per cent respondents who were married said that both husband and wife consulting each other for decision on any matter in family. Respondent travel to their work place consisting of, 14 per cent respondents are walk able distance of their work place because they are Beedi roller, Beedi branch is near to their area. 50 per cent going by public bus, 9 per cent respondents are going by
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school/college bus, 11 per cent respondents are self employed at home because they are tailors stitching clothes at home and 16 per cent respondent are going by private vehicle. All respondents have individual freedom to spend their earnings. 27 per cent respondent said that they spend their earnings for their own purposes, 73 per cent of respondents said that, they spend their earnings for their house hold purpose and their children purpose. All respondents happily said that, they are happy in their job and they now that economic importance in their life. 96 per cent respondent said that they would support to their daughter-in-law/a girl/ daughter for employment in family and 4 per cent respondent said that they do not force or support to their daughter/ a girls or daughter-in-law for employment at family.
Conclusion The religion of Islam has been given the equal right to both man and woman in society but some situation women was behind the veil or wall in society due to her ignorance, lack of education and lack of public sphere. Day by day growth, change and development has taken in all aspects of society, an individual would unconsciously change in life on behalf of pulled factors. Veiled Muslim women are more and more visible in public sphere due to education, employment, an individual freedom and modern amenities gives a chance to come outside the house hold. Muslims are much contributed about educational field like Medical College, engineering college, first Grade College, Pre University College, high school and primary schools. It is a chance to Muslim women easy to seek a job in
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such institutions. Male members much motivated to their daughters/sisters /wife for employment than female members in Dakshina Kannada district.
Reference
1. Engineer, A. (1987). Status of women in Islam. Delhi: Ajanta Publication. 2. Basant, R. (2012). Education and Employment among Muslims in India: An Analysis of Patterns and Trends. Indian Institute of Management, Ahmedabad India. https://web.iima.ac.in 3. Bhoganadam, S.D. (2014). Women Empowerment and Economic Development. https://www.researchgate.net. 4. Menon, I. (1981). Status of Muslim women in India. New Delhi: Uppala. 5. Bardhan, K. (1985). Women’s work, welfare and status: Forces of Tradition and Change in India. Economic and Political Weekly. Vol 20, No. 51/52. www.jstor.org. 6. Karuna & Ahmad. (1979). Studies of Educated Working Women in India: Trends and Issues. Journal of Economic and Political Weekly. 14(33). 7. Menon, I.M. (1979). Education of Muslim Women Traditional versus Modernity. Journal of comparative Family Studies. 10(1). www.jstor.org.
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PRIMARY EDUCATION SYSTEM IN VIRUDHUNAGAR DISTRICT – A STUDY
Dr.S.Kannan Assistant Professor & Head Department of History Sivanthi Arts & Science College for Women Piraikudiyeruppu, Udangudi, Thoothukudi District Tamil Nadu
Location of Virudhunagar District
Virudhunagar District is located in the southern part of Tamil Nadu. The District of Virudhunagar was carved out as a separate district in the year 1985 as a result of trifurcating Ramanathapuram district of Tamil Nadu State. It is bounded on the north by the districts of Madurai and Sivagangai, on the east by the districts of Sivagangai and Ramanathapuram, on the south by the districts of Thoothukudi and Tirunelveli and on the west by a portion of Kerala State and the district of Madurai. It has an area of 4432.55 sq. kms. The administrative headquarters is located at Virudhunagar town. According to the said notification, eight taluks viz. Rajapalayam, Srivilliputtur, Virudhunagar, Tiruchuli, Kariapatti, Aruppukkottai, Sattur and Sivakasi were separated from Ramanathapuram district and formed as a new district. At present, the district consists of eight taluks and eleven community development blocks.2
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Primary Education System Table.1.2 S. Details Virudhunagar District No. 1. School Age population Boys 1.98 lakhs Girls 1.91 lakhs Total 3.89 lakhs 2. Total no. of primary 1073 Schools Rural 0980 Urban 93 2. School supervision and By periodical visits and Inspection annual inspections State level – SPO(DPEP) & DEE District level – DEEO(DPC) Block level – BRC & AEEOs (4+2 officers) 3. District officers 1. District Elementary (DPEP) District Programme Education Officer Coordinator Virudhunagar
Kariyapatti via Jokilpatti, 2. Principal, DIET Virudhunagar district
Source: District Information System for Education (DISE)
The functioning of government primary schools at the district level comes under the purview of the District Collectorate and is managed and administered by the District Education Office. This is overseen directly by the District Elementary Education Officer (DEEO) with the assistance of District Assistant Education officers (DAEO) and District Additional Assistant Education Officers (DAAEO) who report directly to the DEEO. Each AEO and AAEO has responsibility of about
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50-60 schools. The typical primary school has 5 grades (or classes or standards), - 1 through 5 - and has a head master/mistress (HM) at the helm. The HM is usually the senior teacher with at least 10 years teaching experience, which may or may not be in primary classes. They usually have teaching responsibility, as well. HMs usually does not receive any special training specifically for the post of HM. The minimum educational qualifications for primary school teachers are secondary school (12 years) plus 2 years of teacher training. All teachers satisfied these minimum requirements; some teachers in the district even had bachelor’s degrees (in education and other subjects). HMs of school in a ‘block” attend a meeting every month (or every two months) which is also attended by the AEO and AEEO for the area. These meetings are the forums for the district administration to inform or train HMs on any new decisions, schemes, government initiatives and policies affecting education at the district level.3
Teachers belonging to schools in a geographically proximate area also meet every month (on a Saturday, usually the 3rd) to discuss teaching methods, share teaching experiences, hold model classes or be trained by ‘block resource persons’. The DAEOs and DAAEOs are senior HMs who have a Bachelor degree in Education and are usually from the same district. They are the district officers responsible for school supervision and inspection. The District Elementary Education Officer relies on his AEOs and AAEOs to provide him with a picture of the functioning of schools in his district. In addition to basic supervisory duties, they are also an important piece in the teacher- training infrastructure.4 These district officers make decisions on which teachers are invited to participate in teacher training programs. They also select teachers who will be trained as ‘block resource persons’ and in turn train other teachers in their geographical area. They are thus the link between the school and the government administration on one hand, and between the teachers and district teacher training institutes
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on the other. In addition, they are the also in charge of disbursing salaries to teachers and HMs, and annual funds earmarked for schools (such as an annual sum for TLM, or annual maintenance funds). Lastly, he/she also has the authority to approve medical and other types of leave, which require prior permission, for teachers and HMs.5
Administration and School Management in Virudhunagar District According to our model of effective schools, one of the important pieces is the context within which primary schools function. This piece is the administrative machinery of the schools, blocks and districts within which the schools operate. The responsibilities of this machinery fall under the broad categories of School management and District governance which includes (but is not limited to) the important functions of capacity building i.e. training of teachers, Head Masters and other actors in the district education system such as the education officers and school supervision and inspection.6
Working Pattern of a School
Generally the academic year of the educational institution starts with first day of June of the year and ends with the 15th day of April of the following year.
Table: 1.2 Working Pattern of a School Working Days Working Hours Workload of a School for a year Per Day Teacher Elementary and 9.30 am to 4.30 20 Periods 220 days Middle Schools pm /Week Urban 8.30 am to 5.00 High and Higher pm 15 Periods 200 days Secondary Schools Rural /Week 9.00 am to 5.30 pm Source: District Information System for Education (DISE)
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Head Master’s Role in School Management
In most of the areas covered by this study, small schools were the norms, with the Head Master having teaching responsibility as well (usually as class teacher of the higher grades in the schools).61 The Head Master’s role in school management is limited to that of performing routine day-to-day administrative functioning and routine maintenance of the school. This includes conducting the school assembly and keeping track of teacher attendance. In addition, there are some non-routine responsibilities such as attending Head Master meetings at the block level, PTA meetings and VEC meetings. Routine tasks performed on an annual basis include drawing up the timetable, establishing some school policies and determining school expenditures.7
Powers of Head of an Institution
Supervising the teachers Maintaining attendance of teachers and records Reviewing the notes of lessons Sanctioning of leave to teachers Preparation of statement for claiming pay for teachers 8 Conducting District Level examination. (Quarterly-September, Half Yearly-December, Annual- March/April)
School Governance in Virudhunagar District
The district elementary education office is located at Virudhunagar and it is headed by the District Elementary Education Officer (DEEO) who reports to the Director of Elementary Education at the Directorate of Elementary Education situated in the State capital. The function of the DEEO is to maintain administrative control over elementary education in Virudhunagar district. This is achieved through the staff of Assistant Educations Officers (AEOs) and
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Additional Assistant Education Officers (AAEOs) that reports to the DEEO. In addition, the Virudhunagar district is divided into blocks each of which has a Block Resource Centre (BRC) which is manned by a BRC Supervisor and BRC personnel. Until recently, the BRC structure was a characteristic of the District Primary Education Programme (DPEP), but with the introduction of the SSA scheme, BRCs now exist in all districts of Tamil Nadu including Virudhunagar district. The BRC in Virudhunagar, which has been a DPEP since 1996, has been charged with the task of institutional capacity building. At the village-level where the school actually resides is the VEC. Finally, at the helm of the school is the principal or HM (for Headmaster or Headmistress) who, along with the school teaching staff is responsible for the day-to-day functioning of the school.9
Role of DIET in Virudhunagar District
In addition to the school governance structure in the district described above, there are support services provided at the district-level by the District Institutes of Education and Training (DIET) which are equipped to provide various types to academic and management support. This includes, pre-service and in-service teacher training and training programmes for education officers. The DIETs are also responsible for working with the district education office to provide educational management and planning the training structure in Tamil Nadu which follows a ‘cascade’ approach whereby, DIET teachers are trained at the State capital by the Directorate of Teacher Education and Training (DTERT). They, in turn, train BRC personnel. Finally, the BRCs provide academic guidance, counselling and training to teachers. The hope is that the BRCs provide training that is tailored to and relevant in the local context of the schools within the block.10
It is clear from all the aforesaid recommendations that the role of the district training institutions is emerging as a crucial element in
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capacity building of the education system at the district, block school and village level. In the light of the fact that not all the districts even have a well-staffed functional DIET (as in Virudhunagar), serious attention needs to be paid to this aspect. For decentralization to be effective there has to be resource mobilization at the grassroots level. But the majority of the rural communities are currently and simply not equipped to handle such responsibilities.11 The current infrastructure of the DIETs is clearly not equipped to handle this mammoth task of capacity building at a grassroots level. In addition to the strong training structures recommended above for DEEOs, AEOs, HMs and teachers, the DIETs simply have to be made more robust to perform all these tasks effectively.12
Educational System in Virudhunagar District
As mentioned earlier, the District Assistant Education Officers (DAEOs) and Additional Assistant Education Officers (AAEOs) perform the main supervisory function in the district educational system. They are the inspection officers as well as the academic resource persons who provide pedagogic support to teachers and set up training schedules for teachers. The job description of the Assistant Education Officer (AEO) and AAEO is thus a very demanding one, combining both administrative and academic tasks. Each AEO/AAEO handles about 50 to 60 schools (the number is sometimes even higher than that) and about 200 teachers.71 A list of some of the main functions follows:
I. Administrative Functions of the DAEOs and AAEOs:
To disseminate information on new policies and government initiatives To disburse salaries of teachers and HMs To inspect and administer all matters related to teacher employment which include (but are not limited to) religious/medical/other types of leave; transfer and promotion
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proposals; maintain a seniority list of teachers; life insurance, provident fund and pension related retirement issues Disburse government-allocated funds to schools (for TLM, annual maintenance and such) and maintain accounts for the same Oversee distribution of free textbooks, teaching guides, free uniforms and any other resources provided to the schools by the government Maintain list of teacher vacancies in the schools in his/her jurisdiction Liaise with the VEC to keep them in the loop of the district education administration.13
II. Academic Functions of the DAEOs and AAEOs
To supervise and inspect all schools in their jurisdiction. This function includes making at least 3-4 school visits, one of which is a day-long thorough school inspection while the other 2-3 are unscheduled surprise visits to monitor the functioning of the school. Prepare a written report of each school visit that is maintained by the school. Each report typically contains information of pupil attendance at the time of visit, some broad observations of the visit and any pressing matter that was discussed with the HM. It may be worth noting that there is no copy of this report maintained at any district office. Prepare a log of his/her monthly activities and send to DEO. Complete exhaustive report of school annual inspection and send to DEO. Bring to DEO’s attention any pressing matters emerging out of a regular school visit. Note that matters such as teacher vacancies, infrastructure issues such as no toilets, and inadequate space for learners in classrooms are considered
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routine and not urgent enough to be reported outside of the annual inspection report. Collect and compile school-level data on indicators such as enrolment, completion rate, drop-out rate and repetition rate; all data is collected on the basis of gender and social class (Scheduled Caste/Scheduled Tribe/ Backward Class/ Most Backward Class). Evaluate teachers and make suggestions on teaching practices. Liaise with the DIETs to send teachers on appropriate training programmes. Keep track of different training programmers that every teacher in their jurisdiction has attended. The present study clearly indicates that the AEOs and AAEOs constitute the most vital link in the district education administration structure. They are the go-between personnel used by the government and decision-makers at the higher levels of education administration to disseminate information and details of implementation of education policies to schools and local communities. Equally important is their role in the current accountability structure, as they are the key information sources that provide the district administration about the actual goings-on in the classrooms, schools and communities across the district. They form the link between the VEC, schools and district education office.14
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References
1. A.Ramaswami, Ramanathapuram District Directory, Madras, 1972, pp.23-24. 2. Ibid., p.26. 3. Policy Note on Education 2000-2001, School Education Department, Government of Tamil Nadu, Chennai, 2000. 4. Ibid., 5. Burdan Ram, Educational Administration: A Peep into the Past, New Delhi: Vision Books, 1997, pp.15-16. 6. Mayo Stanly, Principles of School Administration, New York: Harvard University, 1952, p.30. 7. S.Shukla, Attainment of Primary School Children in Various States, New Delhi: NCERT, 1994, pp.45-46. 8. District Directory, District Co-ordination, Virudhunagar District, Virudhunagar: 2009, p.37. 9. Record of Chief Educational Office, Virudhunagar: 2007- 2008. 10. District Directory, Op.cit., 11. G.O. 1(D) No. 2 School Education dated 03-01-2003. 12. Policy Note on Education 2000-2001, School Education Department, Government of Tamil Nadu, Chennai, 2000. 13. Virudhunagar Municipality Census Report, Vol. I. Virudhunagar: p.13. 14. Virudhunagar Municipality Census Report, Virudhunagar: Vol. I. pp.19-20.
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INDIAN LEGAL EDUCATION NEEDS REFORMATION TO MEET 21ST CENTURY NEEDS: AN OVERVIEW
Koneru Anuradha Assistant Professor Smt. V.D. Siddhartha Law College Kanuru, Vijayawada, Krishna District Andhra Pradesh, India
Abstract
No doubt education and law both are the foundation of every society and most important weapons which can protect the society from unwanted issues and promote human welfare. As we know education is the basis for all professions, so in case of legal world education plays a key role. Generally legal education refers to education of lawyers, academicians and judges before their entry into profession. But in fact legal education mainly aims to develop law abiding citizens in the society for secured life. The law makes us “citizens”, legal education makes us “Ideal citizen”. If legal education is aimed at grooming, social engineers, it would have been easier to achieve peace in society.1
Legal education can be trace back to ancient period all over the world, where the kings or princes were given teachings about dharma and nyaya(justice), But in medieval and in modern period it gained its significance and even common men able to pursue it. However at present world has been witnessing rapid advancements in every field of human life so the age old practices and tactics are no more relevant now. The legal profession is not what it was a century or even a decade ago. The society is growing more and more complex based on
1 G. Manoher Rao and K. Srinivas Rao, Legal Education in India- Challenges and Perspectives, (Asia law house, Hyderabad, 1 Edition, 2007).
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information and communication technology so the society is different now and it has been changing significantly on multi dimensional bases like economic, political and social roles etc. it has its reflection even in the legal profession. So, keeping this paradigm in our mind, there is an urgent need to review legal education in our society then only we are able to meet the needs of the society. To face present competitiveness and for keeping society on better foots, legal fraternity needs to be acquainted with new skills and techniques up to date. More over in this changed scenarios, the additional roles by law professionals to play are that of policy planner, business advisor, and negotiator among interest groups, experts in articulation and communication of ideas, mediator, lobbyist, law reformer etc. so to meet this expanding role of law professionals our curriculum should be enriched with all interdisciplinary courses which are must to produce the competent law professionals of 4th generation in Y2K era.2
But there are so many challenges to achieve this novel goal and it is not possible without a proper co-operation between government, legal fraternity, NGOs, other scholars and people at national and international level. The ultimate object of every society is welfare of the people, which is possible only with effective laws and again effective laws possible only because of qualitative legal education. In achieving this wonderful goal information and communication technology has an important role.
Introduction
“Education is the most powerful weapon which you can use to change the world.”
– Nelson Mandela
2 Available at : https://www.researchgate.net/publication/228242784_Legal_Education_in_Indi an_Perspective (accessed Aug 30 2018).
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“Profession of law is a noble calling and the members of the legal profession occupy a very high status.”
– Justice Krishna Iyer
From the above statements one can understand the importance of education and law (legal profession) in our society. No doubt education and law both are the foundation of every society and most important weapons which can protect the society from unwanted issues and promote human welfare. As we know education is the basis for all professions, so in case of legal world education plays a key role. Generally legal education refers to education of lawyers, academicians and judges before their entry into profession. But in fact legal education mainly aims to develop law abiding citizens in the society for secured life. The law makes us “citizens”, legal education makes us “Ideal citizen”. If legal education is aimed at grooming, social engineers, it would have been easier to achieve peace in society.3
Legal education can be trace back to ancient period all over the world, where the kings or princes were given teachings about dharma and nyaya(justice), But in medieval and in modern period it gained its significance and even common men able to pursue it. However at present world has been witnessing rapid advancements in every field of human life so the age old practices and tactics are no more relevant now. The legal profession is not what it was a century or even a decade ago. The society is growing more and more complex based on information and communication technology so the society is different now and it has been changing significantly on multi dimensional bases like economic, political and social roles etc. it has its reflection even in the legal profession. So, keeping this paradigm in our mind, there is an urgent need to review legal education in our society then only we are
3 G. Manoher Rao and K. Srinivas Rao, Legal Education in India- Challenges and Perspectives, (Asia law house, Hyderabad, 1 Edition, 2007).
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able to meet the needs of the society. To face present competitiveness and for keeping society on better foots, legal fraternity needs to be acquainted with new skills and techniques up to date. More over in this changed scenarios, the additional roles by law professionals to play are that of policy planner, business advisor, and negotiator among interest groups, experts in articulation and communication of ideas, mediator, lobbyist, law reformer etc. so to meet this expanding role of law professionals our curriculum should be enriched with all interdisciplinary courses which are must to produce the competent law professionals of 4th generation in Y2K era.4
Importance of legal education
The term ‘legal education’ has wider importance. It cannot be understood without imbibing the social segments in its ambit. In fact it is a human science which furnishes relationship of law with society. The Law commission of India has also identified legal education as a science which imparts to students, knowledge of certain principles and provisions of law with a view to enable them to enter into the legal profession.5
There are certain goals to legal education generally, among them the primary goals are i) to provide a platform where legal scholars can contribute to enhance in depth understanding of law, ii) to explore vacuum areas of law where law is needed, iii) participate in growth, evolution and improvement of legal rules, iv) to inculcate law students with the knowledge of the historical and sociological background of the country’s legal system, and vi) to provide students with knowledge of the other legal systems of the world so that the students do not find
4 Available at : https://www.researchgate.net/publication/228242784_Legal_Education_in_Indi an_Perspective (accessed Aug 30 2018). 5 The Curriculum UGC guidelines, report: the curriculum development center in law (1990).
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themselves at a complete loss when it comes to adopting a comparative approach.6
Thus, from the above it is evident that legal education is essentially a multi-disciplined multi-purpose education which can develop the human resources and idealism needed to strengthen the legal system. A person belongs to legal fraternity, who is a product of such education, is able to contribute to national development and social change in a much more constructive manner with their legal education. This education spiritualizes the practice of law among people and develops self-sacrifice quality to serve respective nations and to develop humanity by their brilliant legal talents. It is evident in many instances world over; the best example is legal fraternity participation in Indian freedom struggle and their contribution in preparing “Indian Constitution”, which is one of the best constitutions in the world.
The object of the legal education is not restricted only with producing legal practitioners who are experts in litigation-oriented sills, but also to play a vital role in which the lawyers are are quipped with divergent skills, prospective and tools with a view to making them policy-makers, administrators and social engineers.7 A well administered and socially relevant legal education is a sine qua non for a proper dispensation of justice. Giving legal education a human face would create cultured law abiding citizens who are able to serve as professionals and humanist and not merely as a business men or selfish men.
Historical Development of Legal Education in India
The concept of dharma, in the Vedic period, can be seen as the concept of the legal education in India. The guiding force for the King or his appointee was the upholding of the dharma. For almost a century from
6 Bharti, ‘Legal education – Some Critical issue’, FLJD 122 (1999). 7 K.L.Bhatia, Legal justice education: Vision plan for legal schools, (Deep and Deep publications Pvt. Ltd., New Delhi, 2006).
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1857 to 1957 a stereotyped system of teaching compulsory subjects under a straight lecture method and the two year course continued. The need for upgrading legal education has been felt for long. Numerous committees were set up periodically to consider and propose reforms in legal education. The University Education Commission, was set up in 1948-49, in the year 1949 the Bombay Legal Education Committee was set up to promote legal education. The All India Bar Committee made certain recommendations in 1951. In 1954, XIVth Report the Law Commission (Setalvad Commission) of India discussed the status of legal education and recognized the need for reform in the system of legal education. It depicted a very dismal picture of legal education. It was only from 1958 that many universities switched over to three year law degree courses. It was only by 1967, that it became onerous task for the three year law colleges to include procedural subjects into the curriculum of their law school. The dichotomy between the two courses 3 year LLB course after graduation and 5 year integrated course after 10+2, based on various factors such as professional legal education, mental faculties of students, multi- disciplinary and clinical legal approach to legal education still continues.
Law as a profession and legal education as a discipline was not a popular choice of the students in India prior to the introduction of five year law course, most of the students who performed well in their Intermediate Education aspired to study medicine, engineering, computers, business management and accounting. Unlike India, the situation prevalent in England, America and in many other developed countries is convincingly different.
The admissions to law schools in these parts of the world are highly competitive. In the changed scenario, the additional roles by law professionals envisaged are that of policy planner, business advisor, negotiator among interest groups, experts in articulation and
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communication of ideas, mediator, lobbyist, law reformer etc. In this the era of information capitalism, economic liberalization and WTO, legal profession in India has to cater to the needs of a new brand of
legal consumer/client namely the foreign companies or collaborations. Regulation of legal education in India
The Constitution of India basically laid down the duty of imparting education on the states by putting the matter pertaining to education in List II of the Seventh Schedule. But it now forms part of List III, giving concurrent legislative powers to the Union and the States. Legal profession along with the medical and other professions also falls under List III (Entry 26).8
However, the Union is empowered to co-ordinate and determines standards in institutions for higher education or research and scientific and technical institutions besides having exclusive power, inter alia, pertaining to educational institutions of national importance, professional, vocational or technical training and promotion of special studies or research.
Relating to legal education, empowered by the Constitution to legislate in respect of legal profession, Parliament enacted the Advocates Act, 1961, which brought uniformity in the system of legal practitioners in the form of Advocates and provided for setting up of the Bar Council of India and State Bar Councils in the States. Under clause (h) of sub-sec (1) of Sec.7 of the Advocates Act, 1961 the Bar Council of India has power to fix a minimum academic standard as a pre-condition for commencement of a studies in law . Under clause (i) of sub-sec (1) of Sec. 7, the Bar Council of India is also empowered "to recognize Universities whose degree in law shall be taken as a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities". The Act thus confers on the Bar Council power to
8 By 42nd amendment of the constitution in the year 1976.
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prescribe standards of legal education and recognition of law degrees for enrolment of persons as Advocates. However, for promoting legal education and for laying down standards of legal education, the Universities and State Bar Councils must be effectively consulted. The University Grants Commission has in the course of time evinced interest in improving legal education and has taken various steps towards that end.
Challenges to the Legal education in 21st century
Globalization is the consequence of the interdependence amongst nations in the context of economic dependence.9 Economic interdependency among nations can be traced back to ancient history, even to the beginning of mankind. Yet the degree of interdependence and the sphere thereof is very much different in 21st century. Globalization means strategically developed world where boundaries of countries do not matter for the movement of commodities, services, capital, finances, technology and information. This strategy has converted the entire world into a global village. The backbone is the ever evolving information and communication technology. This growth in globalization and free economy has given rise to basket of problems before legal luminaries i.e. lawyers, judges, magistrates, law professors and administrators.
The sphinx to legal education is reflected where a galaxy of legal luminaries are not able to bring the cyberspace or the world of electronic-magnetic into the clutches of the law and within the ambit of legal education. The new millennium has dawned and environment of computerization in which – www., electronic media, internet, foreign investment, mergers, acquisitions, e-commerce, e-banking, M- commerce, blue-commerce has become part and parcel of our lives. New methods of committing frauds, cheating, cyber defamation,
9 Guiguo Wang, ‘Globalizing the Rule of Law’, 48 IJIL (2008).
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pornography, computer crimes, cyber crimes, cyber terrorism, transnational organized crimes, white-collar crimes, frauds relating to intellectual property like copyright, patents, domain names, copy theft etc., have come into existence. Let us visualize the situation of a novice lawyer in the galaxy of this newly- born e-crimes were even laws are at a nascent stage and implementation of law is merely a formality.
Achieving the next level of paradigm for legal education shall not be possible without the presence of a faculty which is sensitive to the changing times. Hiring of good faculty has been a challenge in law schools in India and abroad. Generally, the financial incentives offered by the private sector both in India and abroad are far more attractive than those available in the public sector, including law schools, for good lawyers to make a commitment to academia. But it is possible to attract good lawyers to academia by promoting a range of educational reforms and institutional initiatives, including better financial incentives. Globalisation has indeed provided new opportunities to address some of the challenges in this regard. Issues relating to the Indian legal system are not only taught and researched in India but also in many other parts of the world. Growing numbers of Indian lawyers and scholars are involved in this effort. There is need for having a global focus in hiring faculty for Indian law schools. Of course, success will depend on the schools' ability to provide the right kind of intellectual environment and financial and other incentives for Indian or foreign scholars to teach and pursue research in India and to contribute to its growth story. It is worthwhile to learn from the experiences in other countries where the shortage of teachers and faculty has been addressed by video- conferencing of lectures by foreign faculty. The law schools of the future ought to provide academic space for engaging in teaching and cutting edge research on issues of global significance. The institutions ought to constantly reinvent themselves for facing the challenges of globalisation through exchange and collaboration programmes. This
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has different implications for faculty, students, and for the development of teaching and research programmes. With the background of developments in the global economy as aforesaid, India has to assume a greater responsibility as a key player by introducing a regime of progressive higher education. Within the larger debate relating to reform of the higher education sector in India, there is an urgent need to examine the situation with regard to legal education and how globalisation is going to impact the agenda for it. In the background of the raging debate on opening up of the legal market for foreign lawyers and law firms, the need for imparting the right skills and education not only to future lawyers but even to current breed of legal professionals has gained underlined importance. There are four important factors of legal education: global curriculum, global faculty, global degrees, and global interaction. These deserve public attention.
A few decades back, law schools in India could do well as long as their curriculum was focussed on Indian law and issues relating to the country's legal system. While there was some limited impetus to the study of international and comparative law, the larger focus was primarily on issues relating to the Indian legal system. This was, of course, necessary and ought to have been the approach. There is indeed greater scope for improvement in promoting excellence in teaching and research relating to Indian law and to addressing the challenges facing the legal system, including the need for establishing a society that respects the rule of law and meets the challenges of globalization. The future shall witness a radical transformation in the content as well as methods adopted to impart legal education in India. Thus, one can firmly say that globalisation has posed multiple challenges to the future of legal education in India.
In India, Bar Council of India has indeed played a very important role in the development of Legal Education. BCI is pioneer for structuring the Legal Education System in India as it exists today. Here it is also
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worthwhile to note that BCI was only conferred with limited powers but apparently it has been exercising more powers under subordinate legislation. The BCI was the first to lay down the standards in terms of system, classroom teaching, practical training and skill, court visits, moot courts, legal aid work, and other practical training programmes for law students. It was BCI's bold and creative decision to replace the three year course with the five years integrated course and conducting ‘All India Bar Examination” after the completion of either 3year course or 5year course to maintain standers in advocate profession. But, in the present age the aim of legal education has changed. BCI has failed to implement the new changes required in the Legal Education field. BCI is still fixated with the view that the sole purpose of Legal Education is to generate practicing lawyers. The aim of Legal Education should be to create lawyers who are comfortable and skilled in dealing with the differing legal systems and at the same time remaining strong in one's own national and international legal system.
Legal education based on domestic needs and needs of globalization cry for a new 'Regulator' with a global vision. This view also expressed by the Law Commission in its 184th Report (2002) (Para 5.16). it has pointed out that there are revolutionary changes which have come into legal education by reason of developments in information, communication, transport technologies, intellectual property, corporate law, cyber law, human rights, ADR, international business, comparative taxation laws, space laws, environmental laws etc. And that: the very nature of law, legal institutions and law practice are in the midst of a paradigm shift.
It is therefore, necessary to bring modifications required based on a vision both of social and international goals, to deal with all aspects of legal education.
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Necessary modifications required in legal education
Governments and the law institutions are required to make strategic plans that set out a clear vision of justice delivery and also address the emerging realities of the present day needs. For that the legal education should be strengthened by some measures such as:
a. Promote an inter-disciplinary approach of law with other social sciences: A person who studies law must have some proficiency in country's history, political theory, economics and philosophy, to enable him/her in becoming agents that participate in institutional changes.
b. Encourage proficiency in languages: Command over spoken and written language, effective oral skills, diction and extensive reading are pre-requisites that go without saying. Knowledge of a foreign language is important to be a lawyer in the global economy. Law students should be provided with the opportunity to learn a foreign language of their choice.
c. Personal Characteristics: Lawyers, solicitors, legal executives all need good intellectual ability, the ability to assimilate and analyse facts quickly. Law students hence need to develop their ability to distinguish the relevant form the irrelevant, screen evidence, and apply the law to the situation under scrutiny. The law students are further required to enhance the ability to argue, explain and convince points of law. They need to maintain their complete integrity of character and need mental and physical stamina in order to cope with the long hours, travelling and stress. d. Develop a critical outlook: Law teachers should switch over to what is called as 'comparative method of teaching'. The law students should be mobilised to evaluate the existing or prospective draconian laws, participate in discussions on the latest developments and required amendments.
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e. Encourage Clinical training: 'Justice' must become central to the law curriculum and community-based learning must give the desired value orientation in the making of a lawyer. This concept of justice education in the field of legal education means that the law school curriculum should entail certain programs like Lok Adalats, Legal Aid & Legal Literacy and para-legal training. The complementary teaching methodology of learning by doing and the conventional classroom teaching, through the law school clinics, help in developing the advocacy skills in the law students. 'Mock' trials and Moot court competitions, structured as court trial; client interviewing and counseling sessions; legal research; editing of law journals; legal drafting and conveyancing; court visits etc. in the curriculum is one of the ideal ways to facilitate performance based education. It is a means of improving in students the basic skills such as the skills of critical thinking, presentation skills, participation skills, the skills to work as a team, the leadership quality, in addition to the boost in students knowledge of law. f. Promotes acquaintance with new technological means: Law schools and universities should be able to provide e-courses on the shelves. The teachers should put course materials on the Web, conduct on-line tests/assignments and grade students. Web-sites can lead learners to virtual class-rooms. Teachers and students should be oriented to look at the Web as an information provider.
g. the law imparting institutions or law schools must connect themselves with the outside world and reconstruct their academic agendas to work with actors in the international community, such as NGOs, MNCs, governments and legal systems of other countries. Etc.
h. In the light of the changed scenario in 21st century legal education needs reformation but it is clear that the BCI has limited power under the Advocates Act, 1961 to bring changes to meet the new challenges
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both domestically and internationally. So, it is therefore, necessary to constitute a new regulatory mechanism with a vision both of social and international goals, to deal with all aspects of legal education. Here it is important to note that the Report of the National Knowledge Commission 2006 proposed to have an Independent Regulatory Authority for Higher Education (IRAHE) with several Standing Committees including one for legal education. The Advocates Act 1961 would have to be amended accordingly.
Conclusion
Law is the cement of the society which fertilizes a barren land and makes the lives of people worth living in society. More over legal education is a hidden wealth to strengthened human as well as natural resources. A sacred intergovernmental obligation of the present generation is required to transmit this wealth of knowledge to the next generation, so that it is preserved for the benefit of the prosperity. Professional competence is required to transmit such knowledge. At present all the nations in their respective countries enacting a number of laws for social reforms and social changes as required by the need of the hour, but mere enactment of laws will not be sufficient in delivery of effective social justice. So, to achieve fruit full results legal education has to cover a long distance to reach its destination and the destination is peace, justice, equality, integrity and confidence in the virtual or e- world by educating youth with update skills and technology.
Finally, it is to say that legal education must be competent enough to tackle all the upcoming challenges before the law (in society). But this novel goal is not only possible by simple governmental norms every person in the legal fraternity (in fact all the citizens of the country) must strive for improvement in legal education for better today and tomorrow.
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“Law without education is dead letter. With education the needed law follows without efforts and, of course, with power to execute it; indeed, it seems to execute itself.”
– Rutherfor B.Hayes
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नै क य स गतोदाहरणानां सं हणं ववरणं च Dr.Ashok Kumar Varma.K
Mbbs,md(pgi-chandigarh)frsh(london) M.Phil (Advaktavedanta)RSVP,Tirupati Chief Medical Officer,Sri.H.K.V.P.B.Trusthospit Namburu ,A.P
उप नषदा द थान यत ा य-त या या तग तानाम त- नगूढानाम वैत स ा तानांकरामलकव प टं तपाद यतुं वणमनन- न द यासनस प नाः महानुभावाः वृ ताः । ायशः तेषं महानुभावानाम ् अ मा शानाम तकुशलमतीनामुप रउ प नः अ न या जवा स य वशेषः एव करण थलेखने (आ वभा वे) नदान म त तभा त।
अ न या ज क णामूत यः अ वैतमत त ठापनाचाया ः ीम छ करभगव पादाः वयमुपदेशसाह या द अनेकेषां करण थानांकता रः सां दा यकैः अ गी य ते ।
अ पा रमसि द धं सारव व वतो मुखम ् ।
अ तोभमनव यं च सू ं सू कृतो वदुः ।।
इ त सू ल णम ् ।।
सू ाथ व य ते य वा यैः सू ानुसा र भः ।