Volume 5, Issue 3(5), March 2016 International Journal of Multidisciplinary Educational Research
Published by Sucharitha Publications 8-44-1/7, Bazil & Arul’s Nivas, Chinna Waltair Visakhapatnam – 530 017 Andhra Pradesh – India Email: [email protected] Website: www.ijmer.in
Editorial Board Editor-in-Chief Dr.K. Victor Babu Faculty, Department of Philosophy Andhra University – Visakhapatnam - 530 003 Andhra Pradesh – India
EDITORIAL BOARD MEMBERS
Prof. S.Mahendra Dev Prof. Fidel Gutierrez Vivanco Vice Chancellor Founder and President Indira Gandhi Institute of Development Escuela Virtual de Asesoría Filosófica Research Lima Peru Mumbai Prof. Igor Kondrashin Prof.Y.C. Simhadri The Member of The Russian Philosophical Vice Chancellor, Patna University Society Former Director The Russian Humanist Society and Expert of Institute of Constitutional and Parliamentary The UNESCO, Moscow, Russia Studies, New Delhi & Formerly Vice Chancellor of Dr. Zoran Vujisiæ Benaras Hindu University, Andhra University Rector Nagarjuna University, Patna University St. Gregory Nazianzen Orthodox Institute
Universidad Rural de Guatemala, GT, U.S.A Prof. (Dr.) Sohan Raj Tater
Former Vice Chancellor Singhania University, Rajasthan Prof.U.Shameem Department of Zoology Andhra University Visakhapatnam Prof.K.Sreerama Murty Department of Economics Dr. N.V.S.Suryanarayana Andhra University - Visakhapatnam Dept. of Education, A.U. Campus Vizianagaram Prof. K.R.Rajani Department of Philosophy Dr. Kameswara Sharma YVR Andhra University – Visakhapatnam Asst. Professor Dept. of Zoology Prof. P.D.Satya Paul Sri. Venkateswara College, Delhi University, Department of Anthropology Delhi Andhra University – Visakhapatnam I Ketut Donder Prof. Josef HÖCHTL Depasar State Institute of Hindu Dharma Department of Political Economy Indonesia University of Vienna, Vienna & Ex. Member of the Austrian Parliament Prof. Roger Wiemers Austria Professor of Education Lipscomb University, Nashville, USA Prof. Alexander Chumakov Chair of Philosophy Dr.B.S.N.Murthy Russian Philosophical Society Department of Mechanical Engineering Moscow, Russia GITAM University –Visakhapatnam
N.Suryanarayana (Dhanam) Dr.T.V.Ramana Department of Philosophy Department of Economics Andhra University Andhra University Campus, Kakinada Visakhapatnam Dr.Ton Quang Cuong Dr.S.V Lakshmana Rao Dean of Faculty of Teacher Education Coordinator University of Education, VNU, Hanoi A.P State Resource Center 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. Barada Prasad Bhol Registrar, Purushottam Institute of Prof.Shobha V Huilgol Engineering & Technology Department of Pharmacology Sundargarh, Odisha 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 Hyderabad Dr.K.Chaitanya Department of Chemistry Prof.Francesco Massoni Nanjing University of Science and Department of Public Health Sciences Technology University of Sapienza, Rome People’s Republic of China Prof.Mehsin Jabel Atteya Dr.Merina Islam Al-Mustansiriyah University Department of Philosophy College of Education Cachar College, Assam Department of Mathematics, Iraq
Dr. Bipasha Sinha Prof. Ronato Sabalza Ballado S. S. Jalan Girls’ College Department of Mathematics University of Calcutta, Calcutta University of Eastern Philippines, Philippines
Prof. N Kanakaratnam Dr.Senthur Velmurugan .V Dept. of History, Archaeology & Culture Librarian Dravidian University, Kuppam Kalasalingam University Andhra Pradesh Krishnankovil Tamilnadu
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
® © 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 5 Issue 3(5) March 2016 S. Page
No No 1. Tank Irrigation of Rayalaseema Region in Andhra 1 Pradesh: A Diognised Study Bharathi Devee Anchula & Padmasree Karamala
2. Syncretic forms of Spiritual Healing Practices among 15 the Muslim Gurage of Southwestern Ethiopia G. Jai Kishan and Akmel Mohammed
3. Counseling Interventions for the Special Needs 29 Students in Secondary Schools in North Coastal Andhra Gulipalli Satyanarayana
4. Status of Women and Empowerment among Hindu 36 Customs Traditions and Protection Laws - A Study T. Konaiah
5. Distance Education an Alternative to Higher Education 54 Vandana Saini
6. Marital Rape in Ethiopia: A Quest for Criminalization 61 Eyerusalem Jima Haile
7. Politics of Power in Nayantara Sahgal’s Novel, this 76 Time of Morning Arif Mohd. Shah
8. Panchanan Barma’s Contribution towards Folk 81 Literature in Bengal: A Brief Estimate on Contemporary Approach Kartick Chandra Barman
9. Doctrine of Ultra Vires 90 Yashwanth Kalepu
10. Robert Frost on Experimentation 105 Som Parkash Verma and Tanu Gupta
11. Nandamuri Taraka Rama Rao - Biography 112 P.Sreenivasulu 12. Revisiting Cosmopolitan Ideas of Rabindranath Tagore 124 Suman Ghosh and Mallika Ghosh
13. Marketing Problems of Coconut Cultivators with Special 130 Reference to Coimbatore District C.Kothai Andal
14. Effect of Private Investment on Economic Growth in 138 Ethiopia :An Autoregressive Analysis Delessa Bulcha Neger
15. Political Participation of Women in India 156 A. Krushnamma
16. Emancipation of Physically Challenged Via Law and 186 Dicta Mariamma.A.K
17. Problems and Challenges of Women Entrepreneurship 201 in India Katta Rambabu
18. Life Insurance Development and Economic Growth in 213 Ethiopia Gebrehiwet Hailu and M. Uma Davi
19. Fruiting Pattern in Delonix Elata (L.) Gamble (Family: 234 Caesalpinaceae) G. Sujan Chandar, K. Ella Rao, M. Bhupathi Rayalu and J.B. Atluri
20. Book Review: The Indian Shopping Mall Story: The 256 Journey So Far and the Road Ahead… Princy Thomas
21. Welfare Programmes of Dr. Y.S.Rajasekhara Reddy as 260 CM of AP K.Joji and B.Prabhakara Rao
22. Telugu Vyavaharika Bhashodyamam- J.A.Yets Dora 274 Seva Prastanam Busi Venkataswamy
Dr. K. VICTOR BABU ISSN : 2277 – 7881 M.A.,M.A.,M.Phil.,Ph.D.,PDF, (D.Lit) Impact Factor :3.318(2015) Faculty of Philosophy and Religious Index Copernicus Value: 5.16 Studies & Editor-in-Chief International Journal of Multidisciplinary Educational Research (IJMER) & Sucharitha: A Journal of Philosophy and Religion Andhra University, Visakhapatnam Pin - 530 003 , Andhra Pradesh – India
Editorial……
You will be happy to know that we have entered the fifth year of publication of IJMER, since its inception in April 2012. Focusing on many interdisciplinary subjects, the published papers are spreading the knowledge with fervent hope of upholding the holistic approach. With all my heart, I reiterate to echo my sincere feelings and express my profound thanks to each and every valued contributor. This journal continues to nurture and enhance the capabilities of one and all associated with it.
We as a team with relentless efforts are committed to inspire the readers and achieve further progress. Aim is to sustain the tempo and improve. We acknowledge with pleasure that our readers are enjoying the publications of Sucharita Publishers. We solicit to receive ideas and comments for future improvements in its content and quality. Editor – in-Chief explicitly conveys his gratitude to all the Editorial Board members. Your support is our motivation. Best wishes to everyone.
Dr.K.Victor Babu Editor-in-Chief
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TANK IRRIGATION OF RAYALASEEMA REGION IN ANDHRA PRADESH: A DIOGNISED STUDY
Dr. Bharathi Devee Anchula Dr. Padmasree Karamala Assistant Professor Associate Professor Dept. of Economics Dept. of Commerce ANU Ongole Campus, Ongole CUK, Gulbarga, Karnataka
INTRODUCTION:
Agricultural sector in Andhra Pradesh still contributes to more than one-third of Gross State Domestic Product. It supports more than two-thirds of the rural population. The development of agriculture is an essential pre-requisite to the state. The state could not make use of potentiality of water resources allocated by Bachavath Tribunal. Many of the proposed projects in Andhra and rayalaseema regions could not be undertaken.
The Economy of the Andhra Pradesh state is basically agrarian in character. The percentage of irrigated area is very low i.e., below 40 percent in the state. The plan allocations by the state Government for irrigation had been declining from plan to plan. Though the state is well endowed with natural resources and minerals, it is lagging behind other states in the country with regard to per capital income, literacy level and other parameters.
The Gross area irrigated has been on the increase from 26.56 percent in 1956-57 to 44.12 over the years due to increase in dug wells and bore wells. The percentage of area under food crops is higher in Coastal Andhra when compared to Telangana and Rayalaseema. However, the proportion of area under non-food crops has been increasing over the years. This is due to the changes in cropping pattern as a result of commercialization of agriculture.
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In view of the non-availability of water in wells and tubewells due to depletion of water table and drought followed by drought, farmers are now forced to keep major part of their dry lands as current follow lands in Telangana, Rayalaseema and North Coastal Andhra. As a result, the area under follow land is increasing year after year. It increased from 7.00 lakh hectares in 1955-56 to 14.17 lakh hectares in 2000-01.
There is a shift in cropping pattern also in the state. At the same time, the total area under jowar, bazra, caster and cereals decreased significantly, while the cultivable area under rice, maize, groundnut, oilseeds, cotton, pulses increased proportionately. The yield and production of these crops also increased. It is a definite change in favour of commercial cropThe State needs to give priority for agriculture particularly, in the field of irrigation sector and cheap and assured credit facility. The focus should be on dry land farming, extension services and provision of quality seeds and fertilisers and timely assistance.
REVIEW OF THE LITERATURE
According to Rahul A. Shastri (Minor irrigation in AP: equity, political economy and efficiency), the state neglect of tank irrigation after independence and the active promotion of other forms of irrigation that have a mass bias or a lower class bias is difficult to explain on the premise of landlord control or influence on state policy. This throws doubt on many conventional views on the nature of the state in Andhra Pradesh. It is suggested that pressures of development, and later land reforms led to alienation of non-tank lands and concentration of tank irrigated lands in the hands of traditional landowners, This mode of land distribution distributed more land than water. Equitable redistribution of water was a result of non-tank modes of irrigation that were favored, by state policy after independence. The class divide between tank and groundwater irrigation forces choice on
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state policy. This paper suggests that their purported complementarities are highly overrated. Storage tanks are the least efficient form of charging groundwater among alternative water harvesting forms. They cannot be converted into percolation tanks. Further, if groundwater irrigation includes not just wells but also water harvesting structures, then more water for the wells means less water for tanks. There is a clear trade-off between tanks and wells.
Prasad (2004) and Roy (2005) said that tanks system of irrigation was traditionally designed in Andhra Pradesh state and farmers were continuing their age old practices of agriculture under tank irrigation. As the level of scientific orientation is medium to high, it reveals that farmers were receptive to water management practices.
Venkateshwarlu and Srinivas (2001), B. Prabhakar (2005), GoAP (2003), Opinioned that Water is the elixir of life, and irrigation is the elixir-of agriculture. Canal irrigation grew rapidly in Andhra Pradesh in the first three decades of independence. In the last three decades, groundwater irrigation has grown explosively. Squeezed between the two, tank irrigation has languished. Recent environmental concerns over the ecological effects of dam-canal irrigation and falling groundwater levels, have fuelled interest in revival of tank irrigation, e.g.
SER Division Planning Commission Government of India - A Study of Andhra Pradesh : Due to recurring drought conditions, most of the borrowers in rural areas of Rayalaseema regions could not repay the loans borrowed earlier. In view of this, financial institutions kept those villages as de-faulted borrowers, included in the black list closing their chance of borrowing again. This has become a stumbling block to majority of the rural households in all the region in the state particularly in Rayalaseema region. Consequently, the dependency on money lenders and private financiers
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is again on the increase lending to increase in the cost of production, un remunerative cultivation and increasing indebtedness. The region needs to give priority for agriculture particularly, in the field of irrigation sector and cheap and assured credit facility. The focus should be on dry land farming.
STATEMENT OF THE PROBLAM
Initially, the Green Revolution package seed fertilisers and assured irrigation technology provided to some districts like Krishna, West Godavari, East Godavari, Guntur and Nellore. This has resulted in increase in productivity and also promoted commercialisation and mechanisation. Big and progressive farmers of these districts have reaped advantages of new agricultural technology and generated surplus in agriculture. The surplus of some of these rich farmers have also converted into entrepreneurs in industrial sector and service sector transport, cinema, real estate, business and trade, finance were some of the important areas they have promoted other regions like Telangana, Rayalaseema and North Coastal districts are lagging. This type of lopsided development has resulted in the widening of regional imbalances in the state resulting in unrest and leading for separate state of the backward region i.e., Telangana state.
Though there is an increase of 20 percent of irrigation facilities through canal irrigation during the last 47 years of Andhra Pradesh state formation and also well irrigation increased by more than threefold during the same time. In these situations, some areas like Rayalaseema farmers committing to suicide deaths unrest among them because of the increase of electricity charges and gradual withdrawal of subsidies to agricultural sector also increased cost of cultivation un remunerative cultivation. So there is a need to know the situation from the core level. In this contest a diagnosed study on tank irrigation facility is more significant to present situation.
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OBJECTIVE OF THE STUDY:
To exam the irrigated area under tank irrigation facility in Rayalaseema region of Andhra Pradesh
METHODOLOGY:
Secondary data was used in the present study and data was collected from official websites of government of Andhra Pradesh viz., www.irrigation,cgg.gov.in, www.andhrapradeshstate.com/agriculture/2/irrigation/145/states.sspx., books, journals.
TANK IRRIGATION IN RAYALASEEMA
The total irrigated area in Andhra Pradesh is 48.21 lakh hectares in 2008-091 has decreased to 41.54 lakh hectares in 2013-14. Andhra Pradesh state is divided into two regions as costal Andhra and Rayalaseema. The region wise irrigated area in the state is presented in the bellow table-1.
TABLE-1
REGION WISE PERTICULARS OF GROSS IRRIGATED AREA IN ANDHRA PRADESH
ANDHRA GROSS IRRIGATED AREA(HA) PRADESH %
COSTA ANDHRA 3294615 79.31
RAYALASEEMA 859707 20.69
TOTAL 4154322 100.00
SOURCE: www.irrigation,cgg.gov.in, www.andhrapradeshstate.com/agriculture/2/irrigation/145/states.sspx
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From the above table, Costal Andhra region having above 4/5 percent of state irrigated area with 3294615 hectares and Rayalaseema region having only 1/5 percent with 859707 hectors. Region wise Inter particulars of gross irrigated area under tank irrigation in Andhra Pradesh is presented in the bellow table-2
TABLE-2
REGION WISE PARTICULARS OF GROSS IRRIGATED AREA
UNDER TANKS IN ANDHRA PRADESH
ANDHRA TANK IRRIGATED PRADESH AREA(HA) % COSTA ANDHRA 400422 88.93 RAYALASEEMA 49835 11.07 TOTAL 450257 100.00 Andhra Pradesh state having only 1/10 percent of irrigated area under tank source with 450257 hectors. In that 10 percent, costal Andhra region having highest percent of gross irrigated area under tanks with 88.93 percent, Rayalaseema region having only 11.7 percent. The region wise intra particulars of irrigated area under tanks are presented in the bellow table-3
TABLE-3 REGION WISE PARTICULARS OF GROSS IRRIGATED AREA UNDER TANKS IN ANDHRA PRADESH ANDHRA GROSS TANK % OF TANK PRADESH IRRIGATED IRRIGATED IRRIGATED AREA(HA) AREA(HA) AREA FROM GROSS IRRIGATED AREA COSTAANDHRA 3294615 400422 12.15 RAYALASEEMA 859707 49835 5.80 TOTAL 4154322 450257 10.84
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In the region wise intra verification, costal Andhra region having 12.15 percent of irrigated area under tank source with 400422 hectors and rayalaseema region having only 5.80 percent with 49835 hectors. District wise inter particulars of gross irrigated area in rayalaseema region are presented in the bellow table-4
TABLE-4
DISTRICT WISE PARTICULARS OF GROSS IRRIGATED AREA IN RAYALASEEMA REGION
DISTRICT GROSS IRRIGATED %
AREA(Ha)
Kurnool 288639 33.6
Anantapur 165393 19.2
Cadapa 202500 23.5
chittoor 203175 23.7
Total 859707 100.0
Andhra Pradesh state’s 20 percent gross irrigated area is occupied by the rayalaseema region with 859707 hectors. It is very clear from the above table information that Kurnool district having high percent of gross irrigated area in hectors 288639 with 33.6 percent fallowed by chitoor and Cadapa in hectors 203175 and 202500 with 23.7 percent and 23.5 percent respectively. Anantapoor district having least percent of gross irrigated area in hector 165393 with 19.2 percent when compare to other district in the rayalaseema region.
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TABLE-5
DISTRICT WISE PARTICULARS OF GROSS IRRIGATEDAREA UNDER TANK IRRIGATION IN RAYALASEEMA REGION (2014)
DISTRICT TANK IRRIGATED AREA(Ha) %
Kurnool 15000 30.2
Anantapur 8501 17.1
Cadapa 8208 16.4
chittoor 18126 36.3
Total 49835 100.0
Chittoor district having high percent of tank irrigated area in hectors 18126 with 36.3 percent fallowed by Kurnool, Anantapoor and Cadapa districts in hectors 15000hectors, 8501hectors,and 8208 hectors with 30.2 percent,17.1 percent and 16.4 percent respectively. From the above information It found that chuttor and Kurnool districts are dominated districts in tank irrigation in the rayalaseema region. chitoor district having nearly ¼ of regions gross irrigated area and 1/3 of regions tank irrigated area and Kurnool district having 1/3 of gross irrigated area and tank irrigated area. These information is presented in chart form in bellow
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CHART-1
INTRA PERTICULARS OF GROSS IRRIGATED AREA AND TANK IRRIGATED AREA IN RAYALASEEM REGION
KURNOOL ANANTAPOOR CADAPA CHITOOR
23.70% 36.30% 23.50% 16.40% 19.20% 17.10% 33.60% 30.20%
GROSS IRRIGATED TANK IRRIGATED AREA AREA
District wise intra particulars gross irrigated area under tank irrigation in rayalaseema region are presented in bellow table-6
TABLE-6
DISTRICT WISE % PERTICULARS OF TANK IRRIGATED AREA FROM GROSS IRRIGATED AREA IN RAYALASEEMA REGION (2014)
DISTRICT GROSS TANK IRRIGATED IRRIGATED % AREA(Ha) AREA(Ha) Kurnool 288639 15000 5.20 Anantapur 165393 8501 5.14 Cadapa 202500 8208 4.05 chittoor 203175 18126 8.92 Total 859707 49835 5.80
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In the intra verification, chittor district having 18126 hectors of irrigated area under tanks with 8.92 percent and stands at first position when compare to other districts intra percent of tank irrigation, followed by Kurnool, Anantapoor and Cadapa districts in hectors 15000, 8514 and 8208 in percentage 5.20, 5.14 and 4.05 respectively.
DETARIORATE CONDITION OF IRRIGATION UNDER TANK SOURCE
The details of net area irrigated under tanks in rayalaseema region from 1955-56 to 2013-2014 are presented in the bellow table-7
TABLE-7
NET AREA IRRIGATED UNDER TANKS IN RAYALASEEMA REGION FROM 1955-56 TO 2013-14
ACTUALS VARIATIONS
1955- 2000- 2013- 1955- DECADAL 2000- DECADAL 56 01 14 56 AVERAGE 2001 AVERAGE TO TO 2000- 2013- 2001 2014 Kurnool 24472 16585 15000 -7887 -1752.66 -1585 -1219.20 (- (-7.15) (-9.55) (-7.34) 32.20) Anatapur 37254 10021 8501 - -6051.78 -1520 -1169.23 27233 (-16.24) (-15.20) (-11.69) (- 73.10) Cadapa 29806 7458 8208 - -4966.22 +750 +576.92 22348 (-16.66) (+10.10) (+7.76) (- 74.98) Chitoor 72024 36527 18126 - -7888.22 -18401 -14154.61 35497 (-10.95) (-50.40) (-38.76) (- 49.28) Rayalaseema 163556 70591 49835 - -20658.89 -20756 -15966.15 region 92965 (-12.63) (-29.40) (-22.61) (- 56.84) SOURCE:DISTRICTSHANDBOOK(2010-11)ANDwww.irrigation,cgg.gov.in, www.andhrapradeshstate.com/agriculture/2/irrigation/145/states.sspx
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The above table indicates that loss of tank irrigation from 1955-56 to 2013-14 in rayalaseema region. Nearly 70 percent of irrigated hectors lost under tanks with in the 6 decadal period in the region from 1955- 56 to 2013-2014 and it is also very clear that decreasing rate of irrigated area under tanks is very fast in the last decade that is from 2000-2001 to 2013-2014. The average decadal decreasing rate is 11.37 percent for 5 decades from1955-56 to 2000-20001 (average in hectors is 18593) but it is 29.40 percent in the decade of 2000-2001 to 2013 to 2014(average in hectors is 20756).
In the district wise verification, loss of irrigated area under tanks, only cadapa district stands for first position during the four decadal period of 1955-56 to 2000-2001 with 74.98 percent fallowed by Anantapoor, Chitoor and Kurnool districts with 73.10percent, 49.28 percent and 32.20 percent respectively. Decadal average is 15.00 percent
It is also find that in the cadapa district surprisingly tank irrigation increased 10.10 percent in the period of 2000-2001 to 2013 2014 and decadal average of increased irrigated area under tanks is 7.76 percent.
These information is presented in chart-2 form in bellow
CHART-1
180000 160000 140000 120000 100000 1955-56 80000 60000 2000-01 40000 20000 2013-14 0
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CAUSES OF DETARIORATE CONDITION OF TANKS
Tank irrigation suffers from nature and technical deficiencies along with poor operation and maintenance mainly. Those are
Low rain fall Evaporation Siltation Water logging Lack of treatment of catchment area Breach Encroachment of tank bed Lack of initiative and leadership in the village The collective nature of the asset aggravates these problems and leads to neglect. FINDINGS AND CONCLUSIONS
The total irrigated area is decreasing in Andhra Pradesh state even though it is agrarian state. (48.21 lakh hectares in 2008-09 has decreased to 41.54 lakh hectares in 2013-14) in that 1/10 percent of area irrigating under tank source. The regions (costal Andhra and rayalaseema) of the state are shared gross irrigated area under all sources with 4:1 ratio. Like –wise gross irrigated area tank source existed large variances in between the two regions of the state with 9:1 ratio.
Andhra Pradesh state’s 20 percent gross irrigated area is occupied by the rayalaseema region. In that, the region’s tank source gross irrigated area is 49835 hectors with 5.80 percent.
Kurnool district stands at first position in having high percent of gross irrigated area in the rayalaseema regain. Fallowed by chitoor , cadapa and Anantapoor districts. With 2/3 part of regions tank irrigated area, chittor and Kurnool districts are dominated districts under tank irrigation in the rayalaseema region.
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Nearly 70 percent of irrigated hectors lost under tank source in the region rayalaseema region with-in the 6 decadal period from 1955-56 to 2013-2014. The average decadal decreasing rate is 11.37 percent for 5 decades from1955-56 to 2000-20001 and 29.40 percent in the decade of 2000-2001 to 2013 to 2014 so it is very clear that decreasing rate of irrigated area under tanks is very fast in the last decade.
Cadapa district stands for first position in loss of irrigated area under tanks during the four decadal period of 1955-56 to 2000-2001, followed by Anantapoor, Chitoor and Kurnool districts Decadal average is 15.00 percent. But surprisingly tank irrigation increased 10.10 percent in cadapa district the period of 2000-2001 to 2013 2014 and decadal average of increased irrigated area under tanks is 7.76 percent.
References
1. Rahul A. Shastri(2010) Minor Irrigation in AP: Equity, Political Economy and Efficiency,asian economic review 2. B. Prabhakar (2005) "Study of Tank Irrigation in Mid Godavari Basin", unpublished. 3. GoAP (1984) Groundwater Estimation Committee Report. 4. GoAP (2003a) A.P. Water Vision, Vol. 1, Water Conservation Mission. 5. GoAP (2003b) AP Water Vision: Methods, Position Papers And District Reports, Vol. 2, Water Conservation Mission. 6. GoAP (2003c) Andhra Pradesh Rural Livelihoods Programme Water Audit, ed. Dr M.S. Rama Mohan Rao, Dr C.H. Batchelor, Dr A.J. James, Dr R. Nagaraja, Dr J. Seeley, Dr J. A. Butterworth, AP Rural Livelihoods Programme. 7. GoAP (2004) 3rd Minor Irrigation Census, 2000-2001 of Andhra Pradesh, Directorate of Economics and Statistics. 8. GoAP (2006) A.P. Statistical Abstract, Bureau of Economics and Statistics.
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9. J. Robinson (1976) "Introduction", Essays on Developing Economics, Kalecki M. The Harvester Press, 1976. 10. K.R. Karanth (1995) "Role of Storage Reservoirs and Percolation Tanks in Meeting the Challenge of Diminishing Water Supplies", in Groundwater Management: The Supply Dominated Focus of Traditional NGO and Government Efforts, Vikram Sarabhai Centre for Development Interaction, VIKSAT, Natural Heritage Institute 11. NSSO (1992) Operational Land Holdings In India 1991-92: Salient Features, NSSO, Department Of Statistics, Ministry Of Planning & Programme Implementation Government Of India 12. V.R.Reddy (2003) "Irrigation: Development and Reforms",in Andhra/Pradesh Development: Economic Reforms and Challenges Ahead, Ed.C.H. Rao and S. Mahendra Dev, CESS. 13. Venkateshwarlu and Srinivas (2001) Troubled Waters - Status of tank Management Institutions in Rain fed Areas of Andhra Pradesh, SDC/ICNGO (Swiss Agency for Development and Cooperation/inter-cooperation Non Government Organisation) Programme. 14. Prasad, D. R., 2004, Participation of partners in agricultural Research extension, and farmers linkage echanisms in Krishna Godavari Zone of Andhra Pradesh, Ph.D. (Agri.) Thesis, A.N.G.R. Agric.Univ., Hyderabad (India). 15. Roy, G. S., 2005, A study on the sustainability of sugarcane cultivation,in Visakapatanam district of Andhra Pradesh, Ph.D. (Agri.)Thesis, A.N.G.R. Agric. Univ., Hyderabad (India).
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SYNCRETIC FORMS OF SPIRITUAL HEALING PRACTICES AMONG THE MUSLIM GURAGE OF SOUTHWESTERN ETHIOPIA
Prof. G. Jai Kishan Akmel Mohammed Research Director Research Scholar Dept. of Anthropology Dept. of Anthropology Andhra University Andhra University Visakhapatnam Visakhapatnam
Introduction: The ethno -history of the Sabat Bet Gurage people
The term Gurage is used as a common name for the three major politico-linguistic groups to whom they long inhabited the Gurage land. The Gurage ethnic groups are one of the Semitic language speaking peoples which inhabit the southwestern part of Ethiopia where great Cushitic ethnic diversity is prevailing. As it is argued by most scholars the language of the Gurage was originated from one of the Afro-Asiatic language families i.e. Semitic language. The Gurage ethnic groups are divided into three dialectically varied sub-groups: Northern, Eastern and Western Gurages. Northern Gurage is a region where for the most part is inhabited by Sodo (Kistane) Gurage and speaks Sodign. Eastern Gurage is populated predominantly by the Silte whose dialect resembles more Amharic language than the rest of two groups. And Western Gurage is the home of several sub-groups to whom are called jointly Sebat Bet Gurage (which is literary meant Seven Houses or Tribes of Gurage) —Ezha, Geta, Meq’werqwer, Muhre and Aklil, Endegane, Yegre-Anghet Cheha and Yinor (Gebreyesus 1991).
Following the downfall of the Dergu military regime and the coming to power of the EPRDF (Ethiopian People Revolutionary Democratic Front) in 1991, the Gurage people are organized as one of the thirteen
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zones which are constituted by the Southern Nations, Nationalities and Peoples Region (SNNPR). The Gurage zone is named after the Gurage people, whose homeland lies in this zone. The Gurage zone is bordered on the southeast by Hadiya and Yem special Woreda (district), on the west, north and east by the Oromiya Regional State and on the south by Silte Zone. This newly formed political administration includes the northern and Western Gurage. However, the Silte ethnic groups were voted for a referendum in 2000 unanimously to break away from the Gurage zone and formed their own administrative units, the Silte zone within SNNPR.
Based on the 2007 censes, the Gurage zone has a total population of 1,279,646, of whom 622,078 are men and 657,568 women, with an area of 5,893.40 square kms. Gurage has a population density of 217.13 whereas 119,822 or 9.36% are urban inhabitants. The majority of the inhabitants were reported as Islamic religious followers, with 51.02% of the population confess that belief, while 41.91% practice Ethiopian Orthodox Christianity, 1.9% were Protestants and 0.95% Catholic (CSA 2007). From the list stated above, the focus of this undertaking is specifically bent on the Western Gurage wherein Sebat Bet Gurage is inhabited.
Some of the major economic activities of the Sabat Bet Gurage ethnic groups include agriculture, animal farming, trade and small house engineering. Especially, the Gurages are known for their extensive cultivation of Ensete (false banana or Ensete edulis in its scientific name) which is a stable food for many people in the region across deep to the south and central Africa (Shake, 1969). In addition, other groups of Ethiopian nationalities are recognizing the Gurage ethnic groups as the most industrious ethnic groups by.
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This paper is primarily based on the empirical data that has been gathered from September 2014-to October 2015 through applying various methods of deep interviews and serious of observations at the shrine of Abret. In a nutshell, the purpose of this paper is to highlight the syncretic processes between different religious denominations that made for the constitution of a new spiritual healing institution of ritually sanctified illnesses. And, methodologically the study also draws attention to the persistent healing practices and the preponderant position that is harbored by the spiritual healers who claim in one way or another, have a close attachment with the leaders of the Abret shrine. For the purpose of this study the concept of syncretism is found fitted through conceiving it could press out the processes of the incorporation of indigenous healing practices to the frame of Sufi Islam. The etymological definition of the term syncretism that is given by the free encyclopedia defines; it is the combining of different, often mutually exclusive beliefs that amalgamate practices of diverse religious and traditional customs.
Processes of accommodating traditional healing practices into Islam
Before the advent of Christianity and Islam in the Gurage land, the different tribal groups of the Sebat Bet Gurage were worshipers of traditional religions. The three main indigenous cults that had been worshipped by the Sebat Bet Gurage were Waq, Bozhe and Demwamit. People of the Sebat Bet Gurage worshipped the male cult of Ye Chaha Waq’, which they believed was more powerful and considered as the god of war. As such, they believed that it could protect them from external attack. According to Shack (1969) Waq was the main deity whose spiritual favors to enhance the prestige and valour of tribes who honour him and respect his supernatural powers. The second ritual cult in the Sebat Bet Gurage is called as Boẑa (thunder god) and its representative was known as Gwetakiya who was living in a sacred place of Inangara
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and his assistants were known as Maga. The third ritual cult that was represented by the goddess in the Sebat Bet Gurage is Dᵉmuwamit which was the focus of religious activities for Gurage women. The characteristic features: its structure and organizations are the opposite of those of the male cult of Og’et. The Gurage concept of Dᵉmuwamit is realized in the manifold expressions of her supernatural power to inflict harm; the consequences evoked if anyone fails in his or her social and ritual duties are epitomized and manifested in the ritual illness of the Zitȧnȧ. Since the second half of the nineteenth century the Sufi Islam has been propagated into the Sabat Bet Gurage at the times of the second and third generations of the Abret shrine, sheyikh Bushra and sheyikh Budalla respectively. During this time indigenous religious elements which were found accommodated to the Sufi Islam were taken over in their syncretic forms. The cult of Waq (sky god) that was the central force uniting Gurage men of all tribes was Syncretized into the frame of the Qadiryya teriqa of the Sufi order. Accordingly, the founders of the Abret shrine, sheyikh Bushra and sheyikh Budalla were appropriated the indigenous religious and healing practices which were related to Waq into the structure of Sufi Islam.
The willpower of a spiritual healing force that was adopted from the indigenous belief systems was one of the major criteria to claim the office of a sheyikh in the Sufi order. This extraordinary healing power was mostly manifested by the performance of a karama (miracle). Thus the primary focus of the oral narratives that share with the miracles of the Abret Sheikh was rotating around his healing ability. Most informants prefer to narrate the healing power of Sheikh Budalla through mentioning the types of sickness that ranging from deafness to mental illness and which were eventually healed by him. There are numbers of oral traditions that handle on the karama (miracles) which were conceived to be executed by the Abret Sheikh. One can reason
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that the performance of karma can be seen as the trademark of the Abret Sheyihk through analyzing the manner how the aspirants (murid) of the Abret Sheikh express their sheyikh’s extraordinary power when they narrate about his spiritual leadership qualities.
The Abret murids had been visited sheyikh Budalla at times of health crisis through seeking his spiritual healing power. The local narratives contended that the healing service of the Abret Sheyikh was not restricted solely to the Muslims, but there were numbers of Christian Gurages who came to him and cured of their ailments. There was some other way of healing from physical or mental illnesses in addition to the personal treatments and Duwa of the Abret Sheikh. The murids collected a sample earth (locally termed as worq afer) from the soil where the Abret Sheikh walked and they drank or rushed it on the part of their sick body, believing that it could cure them from diverse cases of diseases. Subsequent to his attendance at the annually celebrated mawulid at Abret, Shack (1969:193) has underscored his observation on the ritual practices of the pilgrims as follows;
Pilgrims often return with samples of the earth collected from around the shrine, and especially from where Shehoch, has walked, or his sacred white mule has trotted. This earth is held to be sacred. A potion said to have special spiritual and curative powers is made from the sacred earth and is drunk on occasions when a spiritual uplift is needed.
In addition to that, for the purpose of augmenting his spiritual and political power, sayyid Budalla had expanded his area of influence into the districts of Sabat Bet Gurage through adopting indigenous structures into Sufi Islam. Accordingly the agency role of the maga was redefined into its Islamic form of the Sufi order that responsible for preaching about Islam and disseminating a religious propaganda about the miraculous spiritual and healing power of sayyid Budalla as he was
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bestowed by Allah. The magas, who came from a specific clan and their office was transferred hereditary through the senior line of the male members, were agents of the Gwetakuya in the clan districts of the Sebat Bet Gurage. They provided healing services and ritual protections to the adherents of Bozhe who were thought to be inflicted by sacred illnesses and reciprocally they collected tributes under the authority of the ritual functionary.
In view of that, sheyikh Budalla adapted the institutional structure of maga ritual agents within the framework of Sufi Islam and he then appointed some of the hadims, who acquired traditional religious knowledge in Abret, as his ritual agents in the clan districts of the Sebat Bet Gurage. After the religious agents of Abret established themselves that was resulted by the foundation of a zawiya in plots of lands acquired either through purchase or endowment (waqif), they evolved into a new religious status of deputy sheyikh (naib). One of the contributing factors for the transformed status of the religious agents into the deputy sheyikh status in their respective district was because they received the blessings (baraka) of sheyihk Budalla to give spiritual healing services. Despite the fact that their religious authority was limited to their respective clan district that was delineated by the Abret Sheyikh.
Due to the fact that some of the deputy sheyikhs had kinship ties with sheyikh Budalla, they shared the honorific title of sayyid, an Arabic word that is used to connote the renowned Sufi sheiyikhs and their families who establish shrines of the Sufi orders in Ethiopia as well as in the Islamic world to imply they were descendants of the Prophet Mohammed (PBUH). This special relation with the family of sheyikh Budalla made eligible the deputy sheyikhs to receive the additional acquiescence from sheyikh Budalla that dignified them with traditional and spiritual healing power. They have been provided the curing services of various kinds of diseases not only to the Muslims of the
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Sebat Bet Gurage, but also to the adherents of other religions who believed on the healing power of the deputy sheyikhs.
The healing practices of the authorized deputy sheyikhs who were provided it by combining the traditional and spiritual curing methods has been increased, particularly since the controversial disappearance of sheyikh Budalla that was concurrently resulted by the cessation of the healing power service of sheyikh Budalla which had been associated more often than not with miracles (karama). Along with the controversial disappearance of Budalla, his aspirants were shifted to the authorized deputy sheyikhs seeking their healing power, believing that they received the blessings (baraka) and authorization of sheyikh Budalla for their effective curing power. Currently, other than the authorized deputy sheyikhs who are known by their curative practices, seyyid Miqbas, who is the eldest son of sheyikh Budalla has giving the spiritual healing service, besides receiving gifts during mawulid by representing the family of Budalla in Abret, albeit he has been claimed his father's spiritual position many times.
As it is discussed previously, during the process of the propagation of Islam in the Sabat Bet Gurage, the cult of Waq was Syncretized into the frame of the Sufi Islam in which the Qadiriyya brotherhood was made. In the like style, while the operation of the syncretization of Islam with local customs was taking place, the cult of damwamit, which was a female deity of fertility and healing, was accommodated to the frame of Islam. At some point in this process, the third generation of Abret was appropriated the demwamit cult into the frame of Sufi Islam in two perspectives. In the first situation, the female cult of the Sufi order was found fitted to the damwamit goddess of the Gurage that resulted for Muslim women to shift their worshipping practices from Yawaye Demam (ritual functionary of damwamit) into the cult of sitty Fatima, who was the daughter of Prophet Mohammed (PUH). Secondly, the healing practice of zeet ritual illness, which was believed
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to be induced by the curse of damwamit, was defined into the extraordinary curing power of Sufi Islam that is possessed by spiritual leaders who receive the Baraka (blessing) from the genealogical line of the Prophet.
In Sufi Islam the spiritual position given to sitty Fatima is very high that might also be juxtaposed with the religious leadership role of her sons, Hassen and Hussien. In his volume of the historical dictionary of Sufism, Renard (2005:87-88) has glorified Fatima Bint Mohammed as the “most famous daughter of the Prophet, wife of Ali, mother of Hassan and Husayn. She has been regarded as one of the four “ideal” women of paradise (along with Asiya wife of Pharaoh; Mary, Mother of Jesus; and Khadija; the Prohet’s first wife). Tradition attributes a number of marvels to her, and she has been an important model of female piety and sanctity for many of the women of Sufism”.
All the same, the transformation from the worshiping of the demwamit cult into the ritual of yishta derema in commemorating sitty Fatima was evidenced a gradual process of change. As it was narrated by informants the main worshipers of sityy Fatima are married women, which was resulted from the belief that sityy Fatima is considered as a mother of fertility that is related with child birth. According to the accounts of informants, until recently unmarried Muslim Gurages were recruited for the service of the cult of demwamit by the male mwayat (agent of Yawaydemam). At the day of their ritual celebration the mwayats were speaking a secret language, which was named as fedwat, and roam around in singing, praying and adoring demwamit. However, currently the Gurage Muslim women abandoned worshiping demwamit and even most of them consider it as the ritual practice of the Christians.
Thus, Muslim women of the Sabat Bet Gurage have begun to hold a monthly ritual ceremony that is locally termed as yishta derema, which
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is celebrated in commemoration to the honorific personality of sityy Fatima in Sufi Islam. The term yishta derema literally is defined as women’s contribution group. Unlike the magargabaya weekly duwa session that its formula and application is radiated from the Abret mosque, the yishta derema is celebrated by groups of Muslim women who are gathering from the same or neighboring villages and celebrate the ritual moving from one household to another on a monthly basis through keeping the pattern. Like the local sheyikhs who take the responsibility to lead the regular daily prayer and other ritual ceremonies that are held out at village levels, there are ritual leaders of the women’s groups who are locally named as awu gered. The awu gereds coordinate the monthly derema that is circulated between members of the group, the performance of special duwa to the pregnant woman and the samar ritual rite.
The ritual celebration of yishta derema, it is sometimes called as yishta duwa, is taking place on the date of Thursday once per a month. The awu gered informs to her ritual group who would prepare for the next yishta duwa session one month beforehand to give her enough time for the preparation. The ritual of yishta duwa is not celebrated at local mosques or zawiyya, that are mostly used by male prayers, instead it is held at the home of the woman who take the responsibility for the provision of the observance. The woman who accepts her turn for the next yishta duwa that would be celebrated at her home makes some arrangements in cleaning her house and cooking specially prepared foods such as pancake bread (wusa), very refined bread (teqrya) which persists longer in the ground, a mixture of butter, yogurt and cabbage (zimuwamejat) and brewing coffee.
The members of the yishta derema also gather to make duwa for the safe deliverance of a pregnant woman who inhabit the village. During their prayer session, the women’s groups of yishta duwa appeal to sitty Fatima assisting the pregnant women at the time of her delivery. This
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ritual of the pregnant woman is celebrated on the seventh month of the gestation. The same character of ritual is celebrated in different parts of Africa where the indigenized form of Sufi Islam is established. For instance, Holy (2006:313) has pointed out the ritual ceremony among the Berti of Sudan as follows;
The pregnancy ritual, the tingkeban, is conducted by village midwives, the paraji, and is ideally performed on day 7, 17 or 27 of the seventh Islamic month of pregnancy at 7 a.m. As with all the birth rituals, the tingkeban is framed as Muslim through the use of Muslim prayers recited in Arabic, where the two most frequently used prayers are the Ayat Kursi and the Ayat 15.
The disease of zeet that conceived to be made by the Demwamit was highly revered and was believed that it could be only cured by the intercession of the Yawaydemam. Nevertheless, with the integration of Islam in the Sabat Bet Gurage, some of the families of the Abret Sheyikh had received ijaza (permission) from sheyikh Budalla to enact as his agent and to give spiritual healing services. Because the deputy sheyikhs has claimed that they begun to heal the disease of ‘zeet’ those Muslims who belonged to the Yawaydemam seeking his aid in curing the zeetene at once turned to the deputy sheyikhs of Abret. With the accommodation of the healing mechanisms of the diseases of zeet, the spiritual leaders of Abret redefined its cause in terms of the Sufu Islam that diverted the assumption of the causal agent of the disease was the curse of damwamit. Consequently, the deputy sheyikhs claim that the various types of satan (jinn) are considered to be the causal agencies of such cases of diseases and it could be only cured with the handling of the Quran and other religious texts (kitab) besides the use of herbals.
Contemporary spiritual healing practices at Abret shrine
As it was accounted by informants, most Muslims have faith on spiritual healers than visiting modern health centers when they feel ill.
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One can mention some factors that resulted for the preference of the spiritual healers in the rural community, that may include the Muslims build trust on the competency of the spiritual healers believing that their power was granted from Allah, besides the affordable price they need to pay to the service when compared with the relatively expensive modern health service.
In the previous section, a discussion was made in the process of the syncretization of indigenous religious institutions into the frame of Sufi Islam, which has been spearheaded by the spiritual leaders of Abret. In due processes of accommodation, the spiritual leaders of Abret either appropriated or adopted ritual elements from the three ritual cults of Waq, Demwamit and Bozhe and then they defined it into the frame of Sufi Islam. This process of the Islamization of the indigenous ritual institutions is holistic in its nature, besides its religious functions, it includes ritual institutions of healing and justice. At the present time the healing practices that result from the developments cited in this paper have formed their own peculiar shapes and features. Hence, established in the accounts of informants, the healing practices in contemporary Sabat Bet Gurage can be framed in the discussion that is illustrated below.
In the first place, the healing practices that are provided at the Abret shrine have been given a preponderant position among the Muslim Gurages. Most murids (aspirants) of the Abret Sheyikh still believe in the extraordinary healing power of the families of sheyikh Budalla, they visit the Sheyikh’s relatives who claim to possess this power to cure ailments. Sayyid Miqbas is one of the families of the Abret Sheyikh, who give spiritual healing services not only to the Muslims, but also to the adherents of other religions. Sayyid Miqbas, who is the elder son of sheyikh Budalla, gives medicines for various types of illnesses such as mental disorder, paralysis, back-pain, liver diseases and cancer. Mental illnesses are viewed equally the outcome of malevolent spirits that are
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fixed into its Islamic forms named as jinn, and are treated with prayers. In addition to scriptural texts and prayers, Miqbas uses herbal and animal remedies for treating many diseases. Hence, the Syncretized forms of healing practice that combine spiritual healing power and the traditional knowledge of local medicine by sayyid Miqbas has contributed for the multitude of his clients who come from different religious denominations.
Also, among the deputy sheyikhs who were appointed by sayyid Budalla as his agents (naib) in various districts of the Sabat Bet Gurage, there are even some of them pass on spiritual healing services claiming that the Abret Sheyikh had granted them permission (ijaza). Considering the extraordinary healing power, the deputy sheyikhs claim that they belong to the same clan of the Abret Sheyikh which was believed to be genealogically descended from the Qurayyish tribe of the Prophet, and then his baraka was transformed to them through this line. Some of the deputy sheyikhs are known by their specialization in healing illnesses. For instance, sayyid Fereh, who is the cousin of the Abret Sheyikh is known by his spiritual skill of healing a mentally disordered person. There are more deputy sheyikhs in different districts of the Sabat Bet Gurage who are nominated by the locality they inhabit, for illustration, ya qafa sheyikh (to name the sheyikh of the locality of Qafa), ya Kahsay sheyikh (the sheyikh of Kahsay locality). The spiritual position of these sheyikhs is mainly associated with healing services.
In addition to the personal healing services that are put up by the families of the Abret Sheyikh, the Muslims of the Sabat Bet Gurage use two main sacred objects, earth sample of the Qubba sanctuary and qulet spring water, to heal illnesses. When pilgrims come to Qubba and finish their ritual prayer, they come out of the ritual area of the sanctuary by collecting samples of the sacred earth from the ground of the sanctuary. While male pilgrims collect samples of the earth from the ground of tombs, the women collect it from the ground of the fence
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of the sanctuary. Most pilgrims believe that this particle of soil, commonly known as werq-afer (the golden-soil), is sacred and have special spiritual and curative power. According to the accounts of some informants, the pilgrims take the sample earth of Qubba to their home and use it in two forms; either they use it in liquid form by mixing with the holy water of qulet or on its dry form rush it on the part of the body they feel pain. The use of earth sample collected from the sanctuary of Qubba for healing practice is resembles with the healing practice of the Orthodox Church its adherents use two types of sacred elements, incense ashes and soil, together known as emnet.
Conclusion
In the present situation, the various forms of spiritual healing practices are continuing vital among the Muslims of the Sabat Bet Gurage. The long process of syncretic mechanics and accommodation of indigenous belief systems into the frame of the Sufi Islam is one of the contributing factors for the longevity of the spiritual healing practices in the Abret shrine. For most of the aspirants of sayyid Budalla, beyond its function in curing illnesses, the spiritual healing also augments their mental readiness to perform regular religious rituals. Contrary to the optimistic notion of the Sufis, the reformist groups of the Salafis have made a serious criticism of the spiritual healing practices at Abret shrine. The Salafi reformist groups firmly contend that the spiritual healing practices given by the families of the Abret Sheyikh are unorthodox practices in Islam and it is considered as a bida’a (innovation). On its counter argument, the Sufi groups have refuted the critics presented by the Salafi groups on the question of the authenticity of the spiritual healing practices, through arguing that the religious leaders of Abret are treating their clients based on Quran and other Islamic scriptures, hence it is part of authentic Islamic practice.
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Bibliography
1. CSA.2007. Federal Democratic Republic of Ethiopia (FDRE) Central Statistics Agency
2. Gebreyesus Hailemariyam. 1991. The Gurage and their culture. Vantage press, Inc. New York.
3. Ladislav Holy. 2006. Religion and Custom in a Muslim Society: The Berti of Suda. Cambridge University Press, Cambridge.
4. Renard, John. 2005. Historical Dictionar of Sufism. The Scarecrow Press, Inc. Oxford.
5. Shack, William. 1969. The Gurage: A People of the Ensete Culture. Oxford University Press. Oxford.
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COUNSELLING INTERVENTIONS FOR THE SPECIAL NEEDS STUDENTS IN SECONDARY SCHOOLS IN NORTH COASTAL ANDHRA
Gulipalli Satyanarayana Research Scholar Department of Education & Special Education Andhra University, Visakhapatnam Introduction
Special needs children are the children who for whatever reasons, are failing or unable to benefit from regular school (UNESCO Report, 1994 in Fuandai, 2010) and are provided with special education. Special education is defined as the education of children and adults who have learning difficulty because of their different sorts of handicaps, blindness, deafness, mental retardation, social maladjustment, physical disability, health problems or accident in later life. Special needs children are categorised them into three main groups as follows;
1. The Disabled: This includes people with impairments (physical, sensory), and because of this impairment/disability, cannot cope with regular school/class organisation and methods without formal special educational training. People in this category include visually impaired, hearing impaired, physically and health impaired, mentally retarded, emotionally disturbed and all who have one form of handicap or the other.
2. The Disadvantaged: This includes the children of nomadic pastorals, migrant fisher folks, migrants farmers, hunters and so on, who due to then- lifestyle and means of livelihood, are unable to have access to the conventional educational provision and therefore require special education to cater for their particular/peculiar needs and circumstances.
3. The Gifted and Talented: These are people (children and adults)
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who have/ process very high intelligent quotients and are naturally endowed with special traits and therefore find themselves insufficiently challenged by the regular school programme.
Given their special needs and the global acceptance of the need to educate all, special education is provided to give equal educational opportunities to enable the special needs children contribute their own quota to the development of the nation. However, this group of people are characterised with inadequate support services that will make them utilise their potentials to become effective and responsible citizens in the society. Given their multifaceted challenges, most of them are still left to compete with other students in the regular school system where there are not enough qualified teachers and materials to attend to their needs. To compound their problems, many of them are not identified early enough for the needed intervention or assistance.
This paper hopes therefore to examine the role of counselling interventions for making life more meaningful for special needs students especially the disabled and disadvantaged in some secondary schools in North Coastal Andhra. This is based on the belief that counselling, if provided early enough for this group of students, would assist them gain more insight into their own personality, thereby appreciating their strengths and weaknesses for effective direction and living in the society.
Statement of the Problem
The special needs students, especially the disabled, seem to be denied access to tools and assistance that will make them to become more effective and self-sufficient. They experience challenges and barriers with parents, who sometimes neglect them while some seem to have little passion on the female at the expense of their male counterparts. Also, their supposed teachers who ought to empathise
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with them and fellow students who should show love and acceptance are also making life difficult for them. Meanwhile, at early stage, some were taken care of but were later left to fend for themselves not minding the consequences. Governmental interventions seem not adequate enough for this group of students. The larger society also seems to be indifferent by molesting in some cases and ignoring them to their fate. To further compound their problems, many of them have the habit of thinking of disability as total, believing that people who are disabled are disabled in all areas. They fail to recognise the abilities in them or see their ability and achievement as extraordinary.
Research Hypotheses
The following hypotheses were generated and tested at 0.05 level of significance:
1. There is no significant difference in the counselling interventions for the special need students on the basis of gender.
2. There is no significant difference in the counselling interventions for the special needs students on the basis of class.
3. There is no significant difference in the counselling interventions for the special need students on the basis of age
Methodology
A descriptive research of survey design was adopted for this study.
The population of this study comprises of the all the special need students in all' the secondary schools in North Coastal Andhra. A sample of 52 respondents was selected through purposive sampling technique. The instrument used was a self constructed questionnaire titled "Counselling Interventions for the Special Need Students" (CISNS). The instrument was given to experts in the field of psycho
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logy and, guidance and counselling to ensure face and content validity. The reliability was established using split half method and the reliability co-efficient of 0.54 was obtained. The data were analysed using inferential statistics. Hypotheses 1 and 3 were tested using t-test and hypothesis 2 was tested using Analysis of Variance (ANOVA). The hypotheses were tested at 0.05 level of significance. Results Hypothesis Testing
HO1: There is no significant difference in the counselling intervention for the special needs students on the basis of gender.
Table 1: Student t-test showing the Counselling Interventions for the Special Need Students on the basis of gender.
Variables N Mean S.D Df t-cal t-tab
Male 22 12.590 1.61 47 3.00 2.00
Female 27 14.148 2.03
Total 49
P<0.05
The result in table 1 shows that, there is a significant difference in the counselling interventions on the basis of gender. That is t-cal (3.00) is greater than t-tab (2.00). The null hypothesis was not accepted. This implies that there are differences in the awareness of male and female on the counselling intervention for the special need students.
HO2: There is no significant difference in the counselling intervention for the special need students on the basis of class. Table 2: ANOVA Showing the Counselling Interventions for Special Need Students on the Basis of Class.
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Sources of Variation SS Df Ms F-cal F-tab Ms Between Groups 2.657 2 1.33 2.89 3.18 1.33 Within Groups 22.323 49 0.46 0.46 Total 24.98 51 P>0.05
The result in table 2 indicates that there is no significant difference in the counselling interventions for the special need students on class level. The table shows that the F-cal (2.89) is less than F-tab (3.18) at 0.05 level of significance. The null hypothesis is not rejected. This implies that there is no difference based on class.
H03: There is no significant difference in the counselling interventions for the special need students on the basis of age.
Table 3: Student t- test Showing the Counselling Interventions for the Special Need Students on the Basis of Age
Variables N Mean SD Df t cal t tab 14- 19yrs 36 13.27 1.835 46 0.82 2.00 20- 25yrs 12 13.25 2.277 Total 48 P>0.05
Table 4 revealed that t cal (0.82) is less than t tab (2.00) at 0.05 level of significance. The null hypothesis is not rejected. This implies that all students of different ages were aware of the counselling interventions for the disadvantaged groups. Discussion
The study investigated the counselling interventions for the special need students in some secondary schools in North Coastal Andhra. The study shows the respondents awareness to the counselling
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interventions for the special need students. The findings revealed that there is a significant difference in the counselling interventions for this group of students on the basis of gender that is, there are differences in the awareness of male and female on the counselling intervention programmes in secondary schools in North Coastal Andhra. This agrees with Bonnie & Beth (2005) who explained that this group of students as a result of the particular pattern of resources denied them and the barriers they face, needed. Counselling interventions in line with then- different gender to help them achieve high level of personal self- sufficiency. Also, Ajobiewe (2007) suggested that certain services and interventions should be in schools to enhance a positive attitude towards the disabled.
The findings also indicate that there is no significant difference in the counselling interventions for the special needs based on class level. This corroborates the view of Akinpelu (1998) who stressed that the usefulness of a counsellor is judged when he/she is able to meet the needs of the disadvantaged students not minding their classes as they come for counselling.
The finding showed that there is no significant difference in the counselling interventions for the special need students on the basis of age, showing that all students with different ages are aware of the counselling interventions. The finding agrees with Wrightson (2007) in regards to hearing aids as a means of assistance that, the sense of hearing is an incredibly important component of the way we experience life. He further explained that when there is loss of this sense, the negative effect can be profound. However, by understanding hearing aid technology by everyone regardless of age, it becomes possible to effectively partake in full life experience.
Conclusion and Recommendations
The progress of special need individuals should be considered
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and appraised so as to employ remedial measures that could assist in making realise and appreciate their strengths and weaknesses to make them more effective and efficient in the society.
On the basis of the findings, the following recommendations were made:
1. Government and corporate bodies should provide necessary equipment and materials to help the special need students in ordinary groups in the classroom situation.
2. Teachers also should empathize with and be available to train them in the use of the materials provided.
3. Counsellors, societies and parents should be alert to their needs and help them to play their roles in the society.
4. These special need students should not look down on themselves, but rather explore their environment and potentials, and make effective use of the available opportunities.
5. Care given to the female special needs students should be given to their male counterpart. References:
1. Ajobiewe, A. (2007): Counselling people with special need on rural setting. The Nigerian
2. Akinpelu, O. F. (1998/. Handling handicapped and disadvantage students in schools. Indemac
3. Bonnie,G.S. &Beth, H. (2005).Gendering disability..New Jersey: Rutgers University Press.
4. Journal of Guidance and Counselling. 12(1) 57-64. 5. National Council on Disability (1994). Inclusionary education for students with special needs keeping the promise. Washington,DC.
6. UNESCO (1994). The Salamanca statement on principles, policy and practice in special needs education. Salamanca, Spain: June 7- 10,1994.
7. Wrightson A S.( 2007): Universal London Newborn hearing screening. A FanPhysician:75(9)1349.
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STATUS OF WOMEN AND EMPOWERMENT AMONG HINDU CUSTOMS TRADITIONS AND PROTECTION LAWS - A STUDY
Dr. T. Konaiah Former Scholar P.G.Dept of Law Sri Venkateswara University Tirupati-Andhra Pradesh & Advocate- Anantapuramu
Introduction:
In India, women are devalued traditionally and the men are normative reified According to Hindu mythology, the word “Ardhanareshvara” meaning “The Lord whose half is a woman; what is the value of a man without a women? We shouldn’t forget there are many temples in our country devoted to the Goddesses and men also use to visit the temple for worshiping them. We need both male and female each other. We must work all together and both needs each other to survive and flourish.
Status of Women in Hindu has been different periods of time. In the Vedic period (4000 BC – 1500 BC) the position of women was respectable and her role effective. The post-Vedic period (1500 BC – 500 BC) saw that the women’s position improved with respect to holding a property.
According to Ancient Indian Penal Code “Manu Smriti” A woman is a servant while serving, a woman is a minister in administration, a woman is mother while feeding and an enchantress on bed”. These are eternal truths among Hindu Customs and Traditions.
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A woman cannot be independent throughout her life. In the childhood days she must be under control of her father, in the control of her husband after marriage and under the control of her sons in the old age. This was quoted in Manu Dharma Sastra.
“Where the woman worshiped there the gods live” “Aryokthi”.
“Without women, no procreation
Without women, no aim
Without women, there is no life in nature
Without women, there is no nature”
Even God must be born from a mother’s womb.
According to Kautilya in “Artha Sastra” – “Women were engrossed and chained in various social problems not favourable to their welfare. Village women were not educated. Their main work was to look after the work at home and there after assist their husbands and family members in farm. They had no time to get familiar with developments and accepting new ideas. Rules and Laws of caste panchayats were to rigid. These were above any rules or law framed by Government. A part from village panchayats, caste panchayats were too powerful. Any decision of these caste panchayats could be appealed against the village panchayat.
In the Vedic Age women enjoyed equal opportunities for education and work. They were eligible for Upanayana initation and
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Brahmacharya or study of knowledge of Brahman. In certain periods our history, education of women was solely neglected and women lapsed into illiteracy and superstition.
If Swami Vivekananda complained, India cannot yet produce great women, it was because of the degradation to which they were subjected in recent times. We have washed, in our recent past, women’s gifts by failing to recognize them as human beings, able to act, to achieve and to engage in projects, given the right conditions.
Sri Ramakrishna movement and Mahatma Gandhi’s work, women are slowly coming into their own. It is true that Sri Ramakrishna advised renounciation of women and of wealth for his male devotees; but that was only in view of man’s possible weakness with regard to the opposite sex, for he also advised his women devotees to renounce men and wealth. Sri Ramakrishna’s respect for women- hood comes-out in his dealings with his wife Sarada Devi and other women. He accepted a lady, Bhairavi Brahmani, for his teacher. Woman is not innately wicked, any more than man is. Gandhiji engaged many women in his struggle for the political liberation of the country. This has helped in the emancipation of Indian women.
Five Pious Women in Hindu Customs and Traditions
Great women described by Valmiki can be brought two main types. One is represented by such saintly ladies as Anasuya, who cast of all worldly ambitions and retired to the forest to lead a life of tapas or mental discipline. Sita, who revealed her greatness wherever she was placed. When we call these women great what exactly do we mean? Do we mean that their lives were so pure, so free from human weakness, and so richly endowed with subtle protective forces that no complicated situations could arise to upset them? Far from it. The greatness of most of them consisted rather in their capacity to face all trials and
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tribulations, armed with the strength that truth, sincerity, self sacrifice and other virtues give.
Anasuya: Anasuya, wife of great saint Athri. She was following her lord, performed mighty austerities and dedicated their fruits for the benefit of others. Austerity and compassion were both the key notes of her character.
Seeta: The unique character created by Valmiki, the wife of Lord Rama. Seeta had a succession of painful experiences. If the test of greatness is the capacity to remain true to one’s principles in spite of terrors and temptations, Seeta’s greatness was undoubtedly more pronounced; for she had a greater power of endurance than any other character, except Rama.
The great epic Mahabharata has justly been regarded as a thesaurus of all the aspects of Ancient Indian Civilization. As could be expected, it abounds in stories concerning women of all types. There is no other book where the psychological development of womanhood can be so clearly marked, and where anecdotes in such profusion concerning women of all stages of life, from the highest to the lowest, have so truth fully been collected and handed over to posterity.
Savitri: Savitri’s memory is cherished not only in every Hindu home but also by those outside Hinduism. Orthodox Hindu wives still fast for three days in the month of Jyaishtha (May-June) in her honour. With her austerity and chastity, she found with the God of death, the Yama and brought back her husband’s life.
Draupadi: Draupadi, throughout the Mahabharata, is the embodiment of courage, fortitude, sense and sensibility, and even pride and prejudice.
In a sense, she is the central figure of the great epic, and her character has been, depicted with wonderful skill by that master artist,
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Maharshi Krishna Dwaipayana. The very circumstances of her birth made it abundantly clear that she had come to this world to fulfill a great destiny.
Arundhati: The Devi Mahatmya declares ‘all forms of knowledge are aspects of Thee and all women throughout the world are Thy forms.’ We hear of great women like Arundhati. She was the wife of the Rajguru VAsistha. She was respected even today for her chastity and Austerities.
Protection of Women Acts in Pre-Independence
Sati (prevention) Act, 1829 Lord villiam Benting (1828-1835) Abolished The Sati Practicing with the support of Raja Rammohan Roy. Roy's sister-in-law also committed sati in 1828. He stunned about sati practicing and started the movement against sati. East India Company the Bengal Governer abolished sati and enacted the prevention Act 1829. The practice of the sati not only confined in modern history, it was also prevailed in ancient history. The Kachchawa ruler who came there in the 10th century A.D followed the custom of the Minas who ruled the area before that time. The Minas traced their descent from the king of Virat and his brother-in-law, Kichaka, who on making advances to Draupadi, was killed by Bhīma (one of the five Pandavas). Kichakas's wives committed sati and this incident was recorded in Mahabharata.
The practice of sati is not only confined to Rajasthan, but also prevailed in Uttar Pradesh and Madhya Pradesh earlier. In fact, the earliest sati memorial is in Eran, near in Sager in Madhya Pradesh, which carries a date corresponding to 510 AD. In Rajasthan, the Rajputs also quote the example of Parvathi, Wife of Lord Shiva who immolated herself in a fit of anger while her husband was alive.
There are numerous instance of sati committed by the wives of the rulers of Jaipur and Amber. The Chittoor Sati's, most notably
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Padmini, have become legends. There is one recorded instance of a male committing sata, when Vibhan Nager, the attendant Sawai Jagat Singh, ruler of Jaipur, died on the funeral pyre of his Master on December 21, 1819.
When the British East India Company regulation, the abolition of sati Act 1829, was passed in Bengal attempts were made to adopt the regulation in other states. But given the political configuration of the time, with the native states forcely protecting their customs, little headway was made in this direction. The first princely state to adopt the regulation was Jaipur. Other states followed in 1844 Mewar held out till 1860. The practice personated but only declined in frequency while it slowly died out in other ports of Rajasthan, the Shekawati region continued to record instance of sati in the early 20th century leading to independence but, in time last 40 years, there has been an alarming increase in the incidence of sati in this region. This area consist 3 districts with desert land, receives little rainfall and it has no industrial. The majority of the population is Rajput.
Recently Om Kanwar w/o Ram Singh 16 years - old committed sati in 1980 in Jhadli village in Rajasthan. Another one incident occurred in 1987 in Rajputs families in Rajasthan that Roop kanwar 18 years - old, Rajput girl 10th standerd married Maal Singh 24 years, graduate s/o school teacher Deorala village in Rajasthan after his death with stomach pain. Roop kanwar who got an inkling of this, escaped from the house and hide in agriculture filed. The Rajputs youth searched for her, finally found cowering in the baren, was for forcibly dragged to the house and put on the pyre. Roop screamed and struggled to get out when the pyre was lit but Rajput youths with sword surrounding her made escape impassible. The pyre was lit by pushpendra Singh 15 years old brother of Maal Singh. Roop kanwar forcibly by her father-in-law committed sati. This incident was
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sensational in India. The central government also shaked about this incident.
The women organizations in Rajasthan demanded to chief Minister Harideo Joshi to take action against the offenders. The women organizations filed a writ petition in the High Court seeking a ban on sati and other its functions. The state Government to prevent the glorification of sati in the form of any public function.
Widow Re-marriage Act, 1856 (Act No. 15 of 1856)
An Act to remove all legal obstacles to the marriage of Hindu widows
Whereas it is known that, by the law as administered in the Civil Courts established in the territories in the possession and under the Government of the East India Company, Hindu widows with certain exceptions are held to be, by reason of their having been once married, incapable of contracting a second valid marriage, and the off- spring of such widows by any second marriage are held to be illegitimate and incapable of inheriting property.
And whereas many Hindus believe that this imputed legal incapacity although it is in accordance with established custom, is not in accordance with a true interpretation of the precepts of their religion, and desire that the civil law administered by the Courts of Justice shall no longer prevent custom, in accordance with the dictates of their own consciences.
And whereas it is just to relieve all such Hindus from this legal incapacity of which they complain, and the removal of all legal obstacles to the marriage of Hindu widows will tend to the promotion of good morals and to the public welfare. It is enacted as follows:
1. Marriage of Hindu widows legalized :- No marriage contracted between Hindus shall be invalid, and the issue of no such marriage shall be illegitimate, by reason of the woman
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having been previously married of betrothed to another person who was dead at the time of such marriage, any custom and any interpretation of Hindu law to the contrary notwithstanding.
2. Rights of widow in deceased husband’s property to cease on her remarriage:- All rights and interests which any widow may have in her deceased husband’s property by way of maintenance, or by inheritance to her husband or to his lineal successors, or by virtue of any will or testamentary disposition conferring upon her, without express permission to remarry, only a limited interest in such property, with no power of alienating the same, shall upon her remarriage cease and determine as if she had then died; and the next heirs of her deceased husband, or other persons entitle to the property on her death, shall thereupon succeed to the same.
3. Guardianship of children of deceased husband on the remarriage of his widow :- On the remarriage of a Hindu widow, if neither the widow nor any other person has been expressly constituted by the will or testamentary disposition of other deceased husband the guardian of his children, the father or paternal grandfather or the mother or paternal grandmother, of the deceased husband, or any male relative of the deceased husband, may petition the highest Court having original jurisdiction in civil cases in the place where the deceased husband was domiciled at the time of his death for the appointment of some proper person to be guardian of the said children, and thereupon it shall be lawful for the said Court, if it shall think fit, to have the care and custody of the said children, or of any of them during their minority, in the place of their mother; and in making such appointment the Court shall be guided, so far as may be, by the laws and rules in force touching the guardianship of children who have neither father nor
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mother: Provided that, when the said children have no property of their own sufficient for their support and proper education whilst minors, no such appointment shall be made otherwise than with the consent of the mother unless the proposed guardian shall have given security for the support and proper education of the children whilst minors.
4. Nothing in this Act to render any childless widow capable of inheriting :- Nothing in this Act contained shall be contained shall be construed to render any widow who, at the time of the death of any person leaving any property, is a childless widow, capable of inheriting the whole or any share of such property, if before the passing of this Act, she would have been incapable of inheriting the same by reason of her being a childless widow.
5. Saving of rights of widow marrying, except as provided in Sections 2 to 4: Except as in the three proceeding sections is provided, a widow shall not by reason of her remarriage forfeit any property or any right to which she would otherwise be entitled, and every widow who has remarried shall have the same rights of inheritance as she would have had, such marriage been her first marriage.
6. Ceremonies constituting valid marriage to have same effect on widow’s marriage: Whatever words spoken, ceremonies performed of engagements made on the marriage of a Hindu female who has not been previously married, are sufficient to constitute a valid marriage, shall have the same effect if spoken, performed of made on the marriage of a Hindu widow; and no marriage shall be declared invalid on the ground that such words, ceremonies or engagements are inapplicable to the case of a widow.
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7. Consent to remarriage of minor widow: If the widow remarrying is a minor whose marriage has not been consummated, she shall not remarry without the consent of her father or if she has no father, of her paternal grandfather, or if has no such grandfather, of her mother, or failing all these, of her elder brother, or failing also brothers, of her next male relative.
8. Punishment for abetting marriage made contrary to this section :- All persons knowingly abetting a marriage made contrary to the provisions of this section shall be liable to imprisonment for any term not exceeding one year or to fine or to both.
9. Effect of such marriage, proviso: And all marriages made contrary to the provisions of this section may be declared void by a Court of law; Provided that, in any question regarding the validity of a marriage made contrary to the provisions of this section, such consent as is aforesaid shall be presumed until the contrary is proved, and that no such marriage shall be declared void after it has been consummated.
10. Consent to remarriage of major widow: In the case of a widow who is of full age, or whose marriage has been consummated, her own consent shall be sufficient consent to constitute her remarriage lawful and valid.
Sarada Act, 1929
The civil Marriage Act of 1872 uses passed as a result of the efforts made by Raja Ram Mohan Roy, before which a provision of the Indian penal code rendered the consummation of marriage before the girl attained the age of 10, punishable with life imprisonment, social reforms of 19th and 20th century tried to contract child marriage as they felt it was marring Childs educational, physical and economic
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progress. Noted social reformer Har Bilas Sarada, from Ajmir District, Rajasthan authored and piloted a Bill in British Legislature to stop child marriage, which in course of time become Law. This child Marriage Restriction act of 1929 which fixed the minimum age for boys at 18 and girls at 15, extend only to British India.
The act did not prohibit child marriages nor did it declare these marriages invalid or illegal, with the codification of the Hindu Law, the Hindu Marriage act passed in 1955 made the minimum age of marriage for girls at 15. In 1978 a further revision was made in the minimum legal age, with this last amendment, the law was finally brought nearer in line with the accumulated scientific medical evidence showing that the adolescent girl is at grave risk of her health, as also that of her children, until she has reached the age of 18 at least. Alongside, the minimum age of marriage for boys also underwent an upward revision to 21 years.
However, it did not empower the police to prevent the marriage by arresting a person without warrant or magisterial order. Under the amended provision of this act the jurisdiction was given to Metropoliton magistrates or to judicial magistrates. They have been empowered to try any case related to child marriage. Anybody including social organizations, the police or the any person can make a complaint to the police or to the magistrate directly. Acting on a complaint, any court can itself make inquiries. However the child marriages practiced maximum in Rajasthan in North India and Karnataka in south India. Still it is practicing in Karnataka state and Andhra Pradesh in several rural villages. this practicing has been continue prevailing in rural people. There was simple imprisonment extended to three months and a fine of Rs 1000.
Ancient Hindu religious manuals like the Manu Smriti and Grihayastra set the age of life partners at 13 for girls and 16 for boys.
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In the Vedic period early marriage of girls began to gain approval and it become obligatory to have a girl married before she attained puberty. The age was lowered still further in the brahminical period, resulting in the abuse of children.
The impact of child marriage over the young bride's future is enforced widowhood, inadequate socialization, education deprivation, lack of independence to select the life partner, lack of economic independence, psychological as well as marital adjustment, low health Nutritional status as a result of early pregnancies in an unprepared psychological state of the young bride. thousands of adolescent girls are at risk from child marriage and the implications are not only on their health but also on the right to fulfill their human potential un hampered by the premature assumption of adult roles and responsibilities in case of husband dies before even the consummation of the marriage, these child brides are treated like widows and cannot remarry. The deserted and widows are invariably given in nata to some widower in the family. Nata is an obnoxious custom. Officially, the child is the wife of some widower but in fact she becomes the common property of all the male members of the family. The child marriages are the root cause for many personality disorders and sexual problems later in life, Girls get a mental shock when their husbands force them to have sex and they develop a filling of hatred because they cannot emotionally understand the changes in their body and feelings during pregnancy.
Protection of Women Acts in Post-Independence:
Women Economical Acts
Factories Act, 1948:
Sections 19, dealing with health of women workers in every factory. Section 22 (b) deals the women are exempted from carrying any such examination on any part of machinery in motion. Section 27
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prohibition of employment of women and children's wear cotton openers. Section 34 (1) (2) deals the adult women to carrying or lifting the weight controlled. Section 42 washing facilities dealing with women workers. Section 48 dealing with room accommodation. Section 66 (b) no women shall be required or allowed to work in any factory except between the hours of 6 A.M and 7 P.M. And section 79 (b) in case of female worker, maternity leave for any number of days not exceeding twelve weeks shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more.
Minimum Wages Act 1948
The concept of 'need based minimum wage' means nothing but fixing of wage should be based on the needs of workman. The following norms are accepted by Tripati Committee of the Indian labor conference held at New Delhi in 1957.
1. In including minimum wage, the standard of working class family should be taken to consist of three consumption units for one earner, the earnings women, children and adolescent should be disregarded.
2. Minimum food requirements should calculated on the basis of net intake of 2,700 calories, for an average Indian adult of moderate activity.
3. In respect of hosing, clothing requirements, fuel, lightening and other miscellaneous items of expenditure should constitute 20 percent of total minimum wage.
4. Children's education, medical requirement, minimum recreation including festival/ceremonies and provision for old age, marriages, etc, should further constitute 25 percent of the total minimum wage.
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Maternity Benefit Act, 1961
Article 42 of the Indian constitution declares that maternity relief and just and Human conditions of work for women. The maternity Benefit act is an act to regulate the employment of women in certain establishments for certain period before and after child birth and to provide for maternity and certain other benefits.
Section 5 declares the payment of maternity benefit. Sub sections (1) and (2) declares the payment of maternity benefit at the rate of the average daily usage for a period of her actual absence for the period immediately preceding the day of her delivery the actual day of her delivery and any period immediately following that day.
Section 5(A) continuance of payment of benefit in certain cases every women entitled, until she becomes qualified to claim maternity benefit under section 50 of employees state insurance act. Section 5(B) also declares the sub clause (b) of clause (9) of section 2 of the employees state insurance act, and who fulfills the conditions specified in subsection (2) of section shall be entitled to the payment of maternity benefit under this act. Section 6 declares that any woman employed may give the notice to employer under this act during the period for which she receives maternity benefit. After receiving the notice the employer should be provide the all maternity benefits. Section 7 declares payment of maternity in case of death of woman, employer shall pay such benefit or amount to the person nominated by women.
Section 8 declares that equerry woman entitled to maternity benefit from her employer a medical bonus and other related to health. Section 9 declares that in case of miss carriage or medical termination of pregnancy, woman entitled to leave with wages at the rate of maternity benefit, for a period of six months. Section 9 also declares that employed woman entitled maternity benefit for a period of two
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weeks immediately following the day of her tubectomy. Section 10 declares that the employed women entitled the benefits under section 6 or under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month. Section 11 declares that nursing breaks. section 12 declares that dismissal during absence of pregnancy. Sections 13 and 14 also declares that other maternity benefits for employed women.
Equal Remuneration Act 1976.
The equal remuneration act is an act to provide for the payment of equal remuneration to female and male workers and for the prevention of discrimination on the ground of sex, against women in the matter of employment and for the matters connected there with or incidental thereto. The purpose the act is in consonance with article 39 (d) of the constitution.
Section 5 prohibits any discrimination while making recruitment for the same work or work of a similar nature, on any condition of service subsequent to recruitment such as promotions, training or transfer by employer between men and women.
Section 6 for the purpose of providing increasing employment opportunity for women, the appropriate government shall constitute one or more. Advisory committee to advise it with regard to the extent to which women may be employed in such establishments or employments as the control Government, may be notification specify in this behalf.
After independence, the government of India enacted the several Acts to preventing violence against women, protection of women and their rights. The following the enacted Acts are
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Social Acts and Laws
Criminal code Act – 1973, Hindu Adoption Act – 1955, Medical termination of Pregnancy Act – 1971, Maternity relief Act- 1976, Prevention of Dowry Act – 1961, Advocate practicing Act – 1983-84, Family courts Act – 1984, Indecent Representation of women Prohibition Act – 1986, Sati prevention Act – 1987, Women empowerment movement – 1990, National commission on women Act – 1991, Domestic violence Act – 2005, The immoral trafficking (Prevention) Act – 1956 and emended in 2006, Prohibition of child marriage Act – 2006, National policy for the empowerment of women – 2001, Pre-conception pre-Natal Diagnostic Techniques (prohibition of sex selection) Act – 1994, Women Reservation Bill(The Constitutional 108 Amendment), 2008, Protection of Children from sexual Harassment Act- 2012, Nirbhaya Act (Criminal Law Amendment) 3-02- 2013, Protection against women sexual harassment Act 2013.
Conclusion
The persistence of the problem has much to do with the fact that most of these physically and psychologically harmful customs are deeply rooted in the traditions and customs in Indian Society since Ancient periods. Women had been suffering since Mythological periods viz., Seethadevi attempt of ravished by Ravanabrahma and abducted her and harassed. In Mahabharatha , Draupadhi also Dismantled and harassed in Kaurava Parishad. Women victims grown-up in Modern India Society. The Britishers also took the preventing measures violence against women. Raja Ram Mohan Roy, Dayananda Saraswathi, Ramakrishna Parama Hamsa and Swamy Vivekananda worked hard against evils of women.
After independence the conditions of women have somewhat changed. Constitution of India has given the status of equality to them with men in all walks of life. The women are now advancing in social
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economic and political share in parental property and also have right to have equal wages with men for equal work. Education has widely spread among the women. Infanticity system now does not exist and widows now freely re-marriage without earning the wrath of the society. These hold high offices and are economically becoming self- sufficient. Move is a foot to give them 33% seats in Legislative and other elected bodies.
But inspite of all this women still do not enjoy equal status with man particularly in the rural areas. Similarly those who are not economically self-sufficient are given low status in the family. The women in many cases are still considered weak and the responsibility of protecting them even now is considered that of a man. Thought revolution in the status of women has not come today, yet it cannot be denied that their status today is much higher than what it was yesterday.
References
1) “Antharyami” Eenadu Editorial page (Philosophical perspecitve)
2) Advitha Ashrama “Eminent Indian Women” – Publication Department 5 Dehi Enatally Road, Kolkata.
3) Ibid
4) Professor. Sindhu Navalekar and Dr. Somarajususeela “Dharma Vijayam Mahabharatha Katha” Sevika Prakasam, Bhagyanagar, Kachiguda, Hyderabad.
5) Dr. Seema Singh “Panchayat Raj and Women Emplowerment”, Ocean Books Private Ltd., New Delhi.
6) Devi Mahathyam – Sri Ramakrishna Mattam.
7) Sri Bhagavatha Subrahmanyam – Sri Vishnu Puranamu.
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8) Swarna Venkata Narayana “Purva Gadhalahari” Victory Publishers.
9) Dr.K.Mallikarjuna Reddy, “Modern Indian History, Sri Krishnadevaraya University, Final Year, Paper-VII.
10) Ibid
11) Ibid
12) Trial by Fire - A Report on Roop kanwar's death, The women committee of the Bombay union of Journalists (Fact finding team Meena Menon, Geeta Sesher and Sujuta Anandan) September 4- 1987.(Internet Connections).
13) G.C.V. Subba Rao, "Family Law in India", Gogia & Company, Hyderabad.
14) Rozedar. S.R.A, Family law –I RR Law Services – Nelluru.
15) Sheela Saravanan "Violence against women in India", Institute of social studies Trust (ISST) March 2000. (Internet Connections).
16) Ravi Shinda. Labor and industrial law, Second Edition – Asia Law House,
17) Interview with V.J.Ravi kumar Senior Advocate- Ananthapuramu.
18) G. PAdmaja Advocate “A note on women protection Acts and Violence’s Against women” – Ananthapuramu.
19) Daily News papers “Vartha Dikchuchi 20-09-2013 – Ananthapuramu District Edition special, Enadu, Sakshi, Andra Jyothi, Surya, Hindu and D.Chronicle.
20) Interview with Vittal Rao, Assistant Public Prosecutor.
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DISTANCE EDUCATION AN ALTERNATIVE TO HIGHE EDUCATION Vandana Saini Research Scholar Department of Economics Panjab University, Chandigarh
INTRODUCTION
Higher education occupies a significant position in the education system of a nation. It stands at the apex of the entire educational system, and influences all other levels. It is recognized as a vehicle for sustainable development and a powerful tool to build knowledge based society. There has been a tremendous growth of higher education institutions in India since independence. There were only 20 universities and 500 colleges at the time of independence. These numbers have increased by 24 times in the case of universities, 52 times in the case of colleges, and 49 times in terms of student enrolment in the formal system of higher education.
Despite of such an impressive quantitative expansion, India still lags behind developed nations and also some of the developing nations in regard to access to higher education. The Gross Enrolment Ratio (GER) of India stands at 17 percent, which still remains below the world average of 26 percent (Government of India, 2011). India is quite behind China (24 percent), France (55 percent), United Kingdom (59 percent), Russia (76 percent) and U.S.A with 89 percent (Deloitte, 2012).
Thus the picture is quite bleak as the available educational opportunities at the higher level of education are not accessible to many students especially belonging to disadvantaged groups because of various geographical, social, cultural, economic, linguistic and gender barriers. Viewing the increasing demand of higher education and to meet the challenges of access and equity in higher education for large
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segments of the population, particularly, those living in remote and rural areas who wish to acquire higher education in various fields, have for long been exerting considerable pressure for expansion of the higher education system in our country. All this requires huge amount of financial assets which in itself is the real challenge before the higher education sector today. Thus the scarcities of financial resources do not permit scaling up of the infrastructure and human resources to make available formal higher educational facilities to aspiring learners.
Therefore, there is an urgent need to look for an alternative to the formal system which not only provide access to learning but also have the same degree of recognition as like of formal system of education. Such a perceived need has given rise to the growth and acceptability of distance education in India, which is less expensive and flexible enough to cater to the educational needs of heterogeneous groups. Distance Learning occupies a special place in the Indian higher education system because of its major objectives and contribution:
In enhancing the gross enrollment ratio and democratization of higher education to large segments of the population, particularly to reach out to the unreached.
To provide an innovative system of university-level education which is both flexible and open in terms of methods and pace of learning; combination of courses, eligibility for enrollment, age of entry, and conduct of examinations.
To provide an opportunity for up-gradation of skills and qualifications; and
To meet the demands of lifelong learning which has become a necessity in the knowledge society Thus the present paper is mainly focusing on the role of the Distance Education system as an alternative to Higher Education. Hence the broad objective of the study is to develop an understanding of the concept of distance education as an alternative to higher education.
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CONCEPT OF DISTANCE EDUCATION
The concept is known by different names all through the world as distance education, correspondence education, independent study, off- campus study, open learning, or open education etc., but their use and meaning denote more or less the same. Open and Distance Education (ODE) is a mode of providing education and instruction to learners who are not physically present in a traditional setting of a classroom but learning and transaction of the curriculum is effected by means of specially prepared materials (self-study materials) which are delivered to the learners at their doorstep.
In fact it is an umbrella term which describes all the teaching learning activities in which the learner and the teacher are separated by space and time. This type of education covers a wide range of innovations and reforms in the educational sector that advocates flexibility to the learner with regard to entry and exit; pace and place of study; method of study, choice of courses; and assessment and evaluation system (UGC, 2012).
DIATANCE LEARNING AS AN ALTERNATIVE TO HIGHER EDUCATION
Twelfth Plan aims at achieving the target of 30 percent Gross Enrolment Ratio in higher education by the year 2020; and this expansion should be inclusive and quality-oriented. Distance Education is imperative to achieve the objectives of Expansion, Inclusion & Excellence in higher education as it has an enormous potential to spread higher education opportunities beyond the brick and mortar world (National Knowledge Commission, 2009). Distance Learning offers a number of advantages to both learners and providers which are not met by formal system of education. Problems such as distance and time, which are barriers to conventional learning, are overcome by Distance Learning with the use of ICT, self learning materials and a
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good student support mechanism. Hence, distance education was adopted as an alternative mode of higher education and a channel to accomplish the targets of higher GER in higher education. Therefore, large numbers of people opt for this mode of learning, because of its unique contribution that gives wider scope for career progress. However, the following are the major characteristics of distance higher education.
Open Access-
The Open and Distance education system promotes accessibility for the remote areas, flexibility in learning and relaxed eligibility criteria. The ICT tools act as a key drivers of expanding the quality distance education, and of enabling learning ‘anywhere, anytime and anyhow’. Therefore, if anybody is separated from mainstream education because of distance, time and other relevant reasons than they can fulfill their educational opportunities from distance learning. Distance education as a tool for continuing education provides easy accessibility to all.
Flexibility-
One of the greatest merits of distance education centers is its individualized approach. The term flexible learning emphasizes the creation of environments for learning having the following characteristics:
Efficient learning methods, media, and classroom strategies diversify curriculum unrestricted enrolment recognition of the importance of equity in curriculum and pedagogy fostering of lifelong learning habits and skills in learners and Flexible examination system. Flexibility of choice-
If you are a part of the conventional learning system, then you need to follow the set program of a given course or curriculum. But with the
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availability of distance education, this problem can be sorted out. Moreover one can come back to the learning process even after being cut off from the regular learning scheme. It gives a greater flexibility to opt for a course of study even after long spells of separation. Here students are free to choose the subject of studies according their interest. Use of satellite, e-books/journals, audio-visual system in teaching learning process helps the learner to study their course materials in their own space and place. Further, for better understanding, students can attend personal contact program (PCP) in the nearby study centres.
Earn as well as learn-
For those employed and in need for professional advancement, distance education is particularly beneficial. For the advancement of qualification, you need not give up your job. The adaptability of distance education will help accommodate both learning & earning.
Overcoming Physical Distance and Saves time-
Distance learning can overcome problems of physical distance for learners in remote locations who are unable or unwilling to physically attend a campus. It means there is no need to travel across to a new region or a state for availing of the benefits of a course. One can have it the same or accessed it by means of online method of distance learning. This not only saves time but also cuts down on financial expense. Moreover, most courses offered as part of distance learning method are cheaper than their regular counterpart.
Learner Centric Approach to Education-
The learner centric approach means:
Students can learn at any time (before, during or after normal working hours)
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Students can learn at any place (in the traditional classroom, at home, at a convenient learning center, at work)
Students can learn at their own pace(giving extra time to new material and speeding through material already known) Thus the Learner-centric approach plays a pivotal role in this type of learning. Learners’ are heterogeneous group and their level of understanding differs from individual to individual and they are from different segments of the population from different places and distance learning provides equal access, equality and quality education to them.
Cost Effectiveness-
The popularity of distance education lies in the fact that this is less expensive and flexible enough to cater to the needs of educationally deprived groups. Expenditure for higher education in the traditional system, both for public and private institutes, is very high. Education through distance mode is able to help the students by saving considerable amount of money by removing the cost of transportation and high-priced printed text books of high cost. This system is cost effective from the side of learners and providers both. Learners get education with a much less cost than that of formal education system. The institutions utilize both human and material resources to the best, and thus prove themselves to be cost effective.
CONCLUSION
Distance Learning system is an emerging field in higher education, particularly in India. It is definitely going to play a bigger role in the times to come. No doubt it has its own barriers but if these are sorted out, then, certainly this system will emerge as one of the effective modes of propagating higher education in India.
It is the only answer to reach the unreached physically, economically, socially and locationally disadvantaged people and to fulfill the objective of the government of increasing the GER in higher education
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and providing higher education to the masses at their doorstep in a cost-effective manner.
References
1. Ansari, M. M. (2002). Best Practices in Open and Distance Learning Systems in India: An Assessment, Indian Journal of Open Learning, Vol. 11(2), pp. 219-228.
2. Deloitte. (2012). Indian higher education sector: Opportunities aplenty, growth unlimited.Retrieved from www.deloi tte. Co m /...In dia/Indian_ HigherEducation _ Se cto r. p df.
3. Government of India. (2011).12th five year plan on higher education, technical education & private sector participation including ppp in higher education. Department of Higher Education. MHRD. Government of India. Retrieved from planning commission. nic.in /aboutus/com mitt ee/…/ w g_ppphigh.pdf.
4. Government of India.(2012). Higher Education in India: Twelfth Five Year Plan (2012–2017) and beyond.Planning Commission. New Delhi: Government of India.
5. Pannerselvam, S. K. (2009). Distance Education in 21st Century. New Delhi: APH Publishing Corporation.
6. Organisation for Economic Co-operation and Development (2014). Education at a Glance 2014: OECD Indicators. Paris, OECD Publishing. Retrieved from http://dx.doi.org/10.1787/eag-2014. 7. UGC. (2012). Inclusive and qualitative expansion of higher education.12th Five Year Plan, 2012-17. New Delhi: University Grants Commission. 8. UNESCO. (2014).Medium-term strategy 2014-2021. Laying foundations for equitable lifelong learning for all. UNESCO Institute for Lifelong Learning. Germany: Hamburg.
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MARITAL RAPE IN ETHIOPIA: A QUEST FOR CRIMINALIZATION Eyerusalem Jima Haile Assistant Lecturer, School Law Wollega University Nekemte, Ethiopia 1. INTRODUCTION The concept of marital rape was unknown in history; most societies considered it acceptable for men to force their wives to sex. Even the concept of ‘rape’ as an invasion of the physical and psychological integrity of woman was non prevalent. Despite its prevalence everywhere, the problem of marital rape has received relatively little attention from social scientists, practitioners, the criminal justice system, and larger society as a whole. In fact it was after the 1970’s that a few began, as a society, to acknowledge that rape in marriage could even occur.1 Perhaps one of the reasons why marital rape has been ignored is that its trauma is not readily apparent. The thinking seems to be that if you have had sex with someone hundreds of times before, what if one more time?2 The problem with this attitude is that it assumes that the violation of rape is sex.3 The other reason is, historically, many cultures have had a concept of spouses’ conjugal rights to sexual intercourse with each other. Their view is that, in a marriage life the husband and wife render to each other upon the affection due each other. Therefore, the wife does not have authority over her own body in order to refrain from sexual
1 Raquel Kennedy Bergen, Marital Rape, National Electronic Network on Violence against Women, Applied Research Forum, March 1999 [hereinafter Bergen], P.1. 2 Kersti Yllo, Marital Rape, The Battered Women’s Justice Project, 1801 Nicollet Ave S. Suite 102 Minneapolis, MN 55403, 1996, P.6, [hereinafter Yllo],available at: http://www.technicalassistanc [email protected], visited on May 9, 2015. 3 Ibid.
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relations. This presumption logically put the husband in a position that he has the authority on the wife’s body.4
Conceptual differentiation between ‘real rape’ and ‘forced sexual intercourse in marriage’ leads to differential treatment in the Penal Code.5 Traditionally, rape has been defined legally as forced intercourse without the consent of the woman other than one’s wife.6 This last phrase is known as the ‘spousal exemption’ and for centuries it made the marriage license, a license to rape.7 In other words, the marital vow “I do” was taken to legally imply consent any time, any place, and under any circumstances and thus the husband cannot be guilty of a rape committed by himself upon his lawful wife.8
The case of Ethiopia is not an exception to the above phenomenon. Ethiopia has ratified different international and regional human right instruments that recognize and provide protection for the of rights women. For instance, Ethiopia ratified the CEDAW9 on 10 September, 1981; the CRC10 on 14 May, 1991; the ICCPR11 on 11 July, 1993; and the CAT12 on 14 March. Being a State Party, Ethiopia is obliged to respect, protect and fulfill the right recognized under such ratified international instruments. The FDRE constitution also stipulated that ratified international human right treaties are part and parcel of
4 Cemalettin Karadas, A Comparative Study: Development of Marital Rape as a Crime in USA, UK and Turkey, Turkish Journal of Police Studies Vol: 10 (4), 2008 [hereinafter Karadas], P.115. 5 Ibid. 6 Ibid. 7 Yllo, supra note 2. 8 Russell, D. E. H. Rape in marriage, New York: Macmillan Press, 1990, P.17. 9 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Adopted and opened for signature, ratification and accession by General Assembly Resolution 34/180 of 18 December 1979, entry into force: 3 September, 1981. 10 Convention on the Rights of the Child, Adopted and opened for signature, ratification and accession by General Assembly Resolution 44/25 of 20 November 1989, entry into force: 2 September, 1990. 11 International Covenant on Civil and Political Rights (hereinafter referred to as the ICCPR), Adopted and opened for signature, ratification and accession by General Assembly resolution 2200 A (XXZ) of 16 December 1966, Entry into force: 23 March 1976. 12 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), Adopted and opened for signature, ratification and accession by General Assembly Resolution 39/46 of 10 December 1984, entry into force: 26 June 1987.
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domestic laws of the country and interpretation of fundamental human rights should be done by observing the same.13 Though the constitution and some ratified human rights treaties, in one way or the other, protects women against all sorts of domestic violence, marital rape inclusive, marital rape is still beyond the reach of criminal law.
Hence, the main objective of this study is to review the related literature and drawing lessons from other jurisdictions; and attempts to looking at rape from the perspective of objectives of criminal law, impacts of marital rape on women victims with a view to particularly call the attention of the law-maker toward criminalization of the act.
2. TYPES OF MARITAL RAPE Marital rape takes different forms. Scholars identified three major types of marital rape which are prevalent in the society: (1) battering rape (involving both physical and sexual violence)14; (2) obsessive rape (assaults that involve torture and/or perverse sexual acts and are often physically violent)15; and (3) force only rape (involves cases where the husband uses only as much force as is necessary to coerce his wife into sex).16
3. MARITAL RAPE EXEMPTION Addressing marital rape exemption, Michelle J. Anderson recites three major justifications for the designation of marital rape as lawful under English common law: the property theory, the unity theory, and the ongoing consent theory.17 The property theory considers an unmarried
13 Constitution of the Federal Democratic Republic of Ethiopia, Proclamation No. 1/1995 art. 9 (4) and 13 (2). 14 Elaine K. martin, Casey T. Taft, Patricia A. Resick, A review of Marital Rape, Boston University, United States, 2006, p. 331 [hereinafter Martin E.K., et.al.] 15 Ibid. 16Yllo, supra note 2, P.8. 17 Michelle J. Anderson, Marital Immunity, Intimate Relationships, and Improper Inferences: A New Law on Sexual Offenses by Intimates, Hastings Law Journal, Vol.54, 2003 (1463-1572), P.1476,[hereinafter referred to as Anderson], available at: http://ssrn.com/abstract=439504
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woman as the property of her father and a married woman as a property of her husband. According to this theory, rape was taken to be a transgression against the man who owned the woman as his property.18 This conferred on husbands an entitlement to rape their wives with impunity. Accordingly rape was a commission of a crime against the property of a husband, which in effect implied that the notion of marital rape could not exist since stealing one’s own property was a “legal impossibility”.19 In effect, the rape of a married woman was a violation of her husband’s property, “prosecuting a husband for raping his wife made no more sense than indicting him for stealing his own property.”20
Second, the unity theory as a justification for marital rape exemption suggested that a woman’s independent legal identity was abolished at marriage, becoming subsumed within her husband’s identity.21 Accordingly, “the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated” into her husband’s legal existence.22 Since the husband and wife were considered one legal being, “a man could no more be charged with raping his wife than be charged with raping himself”.23
Third, according to the ongoing/implied consent theory, marriage is understood as granting a wife’s ongoing consent to sexual intercourse. This was an extension of Hale theory. Lord Mathew Hale, cited by Anderson, had this to say: “the husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract the wife hath given up herself in this kind unto her husband, which she cannot retract”.24 The Hale doctrine
18 Ibid. 19 Mynation.net/study-report-marital/rape.htm 20 Ibid. 21 Ibid. 22 I.bid 23 Ibid. 24 Ibid.
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became part of the U.S. criminal code, and marital rape was legal until the 1980s when most states eliminated, or at least limited, the spousal exemption. When North Carolina became the final state to criminalize marital rape, feminist activists claimed an important victory.25
Although powerful in their day, the justifications for the marital rape exemption provided by the property and unity theories did not ultimately have the legal staying power that the ongoing consent theory garnered.26 Unlike the first two, his ongoing consent ideology permeates rape law even today.27 Hale’s doctrine was accepted in English courts and beyond, in American court. From the seventeenth century throughout the nineteenth century, the marital rape exemption was not questioned.28 In the United States, as in the England, Hale’s ongoing consent theory of marital sexual relations remained the judicially recognized foundation for the doctrine throughout this time.29
Latter, in the second half of the 19th century, women did begin to allege that rape by husband constituted cruelty that should give them cause for divorce.30 The first attempts made by women to hold their rapist husbands criminally liable were proved a failure. Besides, claims regarding marital rape also continued to be unsuccessful in the civil divorce context.31 At the time no-fault divorce was unknown and women used to opt for divorce at the pain of losing collecting alimony or obtaining custody of her child.32 Until the mid-1970s in this country, there were no serious legal challenges to the marital rape exemption, and Hale’s ongoing consent theory continued to justify the doctrine.33
25 Yllo, supra note 2, P.2. 26 Id., P.1478. 27 Ibid. 28Ibid. 29Ibid. 30 Id., P.1479. 31 Id., P.1482. 32 Ibid. 33 Id., P.1483.
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However after 1970, with strong struggle of feminist and other interested organs the issue of marital rape became critical concept. Especially the notion of irrevocable consent by Laura X played a great role. She alleges that “rape is not simply a sexual act to which one party does not consent but a degrading, violent act, which violates the bodily integrity of the victim and frequently causes severe, long-lasting physical and psychic harm”; Hence, “to ever imply consent to such an act is irrational and absurd”.34 Furthermore, feminists explained rape as a violent act with a form of social control. And they contend that, “marital rape perpetuates the domination of men through forced sex without fear of repercussions due to the historical context of marriage supported by the unities theory and precedents set by that of Sir William Hale.”35
Having passed through different challenges, rape is now a crime in most parts of the Western world. England put an end to marital rape exemption in 1991. In U.S on July 5, 1993, marital rape became a Crime in all 50 states, under at least one section of the sexual offense codes. In 17 states and the District of Columbia, there are no exemptions from rape prosecution granted to husbands. However, in 33 states, there are still some exemptions given to husbands from rape prosecution.36
4. MARITAL RAPE UNDER THE ETHIOPIAN LEGAL SYSTEM
Marital rape is an act which is very prevalent in Ethiopia. The abolished culture of Ethiopia, early marriage and abduction perpetuated the act. Though, marital rape is a crime of violence and harmful as other sexual violence’s, the cases are under reported as it
34 Morgan Lee, Marital Rape a Unique Problem, 2007, P. 34 35 Elaine K. Martin etal., A Review of Marital Rape, 2006, p. 331. 36 Surabh Mishra, Sarvesh Sigh, Marital Rape Myth, Reality and need for Criminalization, 2003.available at,www.ebc-india.com/lawyer/…/645.htm accessed on June 2015.
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has not got a legal recognition. The following section discusses Ethiopia’s obligation under the Constitution and ratified human rights treaties and examine the exemption of marital rape under the criminal code of Ethiopia.
5. THE CONSTITUTION OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA
The FDRE Constitution in Article 34(1) stipulates that women and men have equal rights during marriage; which implies their right to have equal say on sexual matters. The rights to liberty and security of person are protected respectively under Articles 16 and 17 of the Constitution. Women have a constitutional right to be protected against bodily harm (Art. 16). The same right is protected under international human rights instruments ratified by Ethiopia; the ACHPR, the ICCPR and the CEDAW, just to mention a few. It is also a violation of her right to liberty to force a woman to have sexual intercourse with against her will. This being so, breach of a right is inevitable in an imperfect world in which we are living. It is an indisputable principle that ‘where there is a right, there must also be a remedy’. From this, breach of a right triggers a remedy. The remedy could be a civil (damages or compensation) or criminal (prosecuting the perpetrator). Marital rape is a clear violation of the right to liberty and security of a person. This necessitates the availability of Legal Avenue to vindicate breach of women’s constitutional right.
To this end, Article 37(1) of the FDRE Constitution provides that “everyone has the right to bring a justifiable matter to and to obtain a decision or judgment by, a court of law or any other competent body with judicial power”.
Moreover, The Constitution enshrines a catalogue of human and democratic rights. Most of the provisions of the aforementioned human rights instruments have also well found their way into the
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Constitution. Of interest to mention here are the protections accorded to women. Some of the human rights norms that have direct or indirect bearing on the protection of women against marital rape include: (a) equal protection of the law; (b) equality before the law; (c) non- discrimination; and (d) the right to a domestic remedy. Both under the human rights treaties and the Constitution, women enjoy double protection: (1) as part of the larger human community, they are entitled to the general human rights guarantees; (2) as a vulnerable group, they are entitled to special protection intended for this purpose. Generally, obligations deriving from human rights mainly fall on the states.
Ethiopia thus owes women the duty to respect (refrain from interfering with the exercise by women of their rights), protect (safeguard the rights of women against violation by state and non-state actors or private persons), promote (facilitate the enjoyment by women of their rights) and fulfill (provide provision of services) the rights of women enshrined in the Constitution and ratified human rights treaties. The obligation to protect entails, inter alia, the enactment of laws that protect women against violation of their rights and providing domestic remedies where the rights are violated. The remedy could be either civil (e.g., providing the victims with compensation) or criminal (prosecution of the perpetrator(s)). The latter is the subject of this paper.
6. THE CRIMINAL CODE OF ETHIOPIA The 1957 Penal Code of Ethiopia, beyond providing for a formal marital rape exemption, contained a provision that even prohibited the prosecution of the offender who committed an ordinary rape in the event of subsequent marriage.37 The Code thus provided for two forms
37 Penal Code of the Empire of Ethiopia, Proclamation No. 158 of 1957, Negarit Gazeta, Gazette Extraordinary, 16th Year No.1, 23rd July, 1957, Article 599 is reproduced as follows: Non-prosecution in the case of subsequent marriage
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of exemptions: (1) marital rape was not a crime by definition (Article 589(1)); and (2) an ordinary rape could retroactively be regarded as marital rape and entail an exemption from prosecution of the offender if he subsequently concluded marriage with the victim (Article 599). This amongst others led critics to voice concern about the discriminatory nature of the law and call for its revision.
Accordingly, the 2004 Criminal Code of Ethiopia38 came into force with a view to fill the gaps and rectify the shortcomings in the previous Penal Code of 1957. Those provisions of the previous Penal Code that discriminate against women were omitted from the new Criminal Code and some others have substantially been revised. For instance, Article 599 of the Penal Code which legitimizes rape in the event of subsequent marriage was omitted from the new Criminal Code. To the contrary, the new Code in Article 587 (2) & (3) provides that in the case of an act of abduction accompanied by rape, “the conclusion of a marriage between the abductor and the abducted subsequent to the abduction shall not preclude criminal liability”. Nonetheless, the new Criminal Code made no change in the definition of ordinary rape which excluded marital rape from being considered as a crime. Thus, a husband cannot be guilty of the rape of his wife. In other words, he can have sexual intercourse without her consent and not be guilty of rape.
The new Criminal Code prescribes the major changes that necessitated the adoption of a new Criminal Code capable of meeting the need of the day. Clearly stated in the preface to the Criminal Code, the recognition by the Constitution and international agreements ratified by Ethiopia of the rights of social groups like women and children on the one hand,
Where the victim of rape, indecent assault or seduction, or abuse of her state of distress or dependance upon another, freely contracts a marriage with the offender, and where such marriage is not declared null and void, no prosecution shall follow. Where proceedings have already taken place and have resulted in a conviction, the sentence shall terminate forthwith. 38 The Criminal Code of the Federal Democratic Republic of Ethiopia 2004, Proclamation No.414/2004, Federal Negarit Gazeta, 9th of May, 2005.
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and the previous Code’s failure to acknowledge the grave injuries and sufferings caused to them by reason of harmful traditional practices on the other are among the factors that have triggered the adoption of a progressive Criminal Code.
7. EFFECTS OF MARITAL RAPE Marital rape has adverse physical and psychological effects on the women victims.39 The physical effect of marital rape finds its expression in the ensuring health problem on women. Different researches show that the health problems caused by marital rape include HIV and other sexually-transmitted infections, vaginal bleeding or infection, genital irritation, pain during sex, chronic pelvic pain, and urinary-tract infections.40 The physical violence associated with marital rape can also lead to complications during pregnancy, resulting in health problems for both women and their children.41
The psychological (mental health) impacts associated with marital rape and other forms of abuse by partners include depression, anxiety, emotional distress and suicidal thoughts. Marital rape and violence also undermine children’s health and well-being, both through the psychological impacts of witnessing violence and because it can undermine the ability of mothers to care for themselves and their children.42
A survey conducted by Ethiopian women lawyers association (EWLA) showed that out of 208 women that were surveyed, 31women were victims of marital rape whereas 10.8% reported that they were insulted when they refused sex. The rest 5.4% were raped when they refused sex and 1.4 % were beaten when they refused sex. These women were ranging in education from illiterate to those with second
39 Bergen, supra note 1, P.2. 40 Ibid. 41 Ibid. 42 Ibid.
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degrees, employed as house wives or employed by government or self- employed.43 The case study conducted by Kebkab showed that, most of marital rape victims stated that the sexual aggression caused them both psychological and physical damage. They showed that the unwanted sexual aggression resulted in betrayal (6.67%) (2 of 30), a feeling of shame on themselves (6.67%), loss of trust on their husbands (23.33%) (7 of 30), and humiliation (26.67%) (8 of 30). Moreover, 6.6% (2 of 30) of victims stated that they felt the combined effects of betrayal, shame, loss of trust on their husbands and humiliation. The unwanted sexual aggression has as well resulted in body scratches (10%) (3 of 30) as a result of the physical struggle to commit forced intercourse whereas 3.33% (1 of 30) had unwanted pregnancy.44
“ Rape” is usually a one-time event and is clearly understood as traumatic. However, “Marital Rape” is likely to happen repeatedly, but it is not understood as traumatic as the former because, as often assumed, spouses have been sexually intimate.45 As opposed to this, studies suggests that marital rape is frequently quite violent and generally has more sever and traumatic effects on victim than non- marital rape. If accounts of the incident by victims are given any merit at all, then marital rape victims are often emotionally scarred for life. Though this is the case ,law has been slow to criminalize marital rape from sexual assault program and see marital rape as a family violence problem and many programs for battered women see it as a sexual assault issue.46
8. CONCLUSION AND RECOMMENDATION
43 ____, Ethiopian Women Lawyers Association, Berchi, Annual Journal, Issue 7, 2008, P.45. 44 Kebkab Sirgew, Marital rape as a human rights violation of women in Ethiopia: A case study of Alumni association of the faculty of law of Addis Ababa University and Ethiopian Women Lawyers Association (EWLA) (MA Thesis, AAU, Institute of Human Rights), P.53. 45 Karadas, supra note 4, P.6. 46 M. Judith and M. Ann, Sexual Assault among intimates: Frequency, Consequence & treatment, October 2005, P.23.
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Men had been exempted from being prosecuted for raping their wives for long time. Understanding the prevalence and consequence, some countries have abolished the marital rape exemption. In Ethiopia, as has been mentioned above, though the Constitution and some ratified human rights treaties, in one way or the other, protects women against all sorts of domestic violence, marital rape inclusive, marital rape is still beyond the reach of criminal law. The non-criminalization of marital rape remains to be one of the major contributing factors for the prevalence of the act. This is because a major means of protecting the commission of crime is punishment. But the Ethiopian criminal law that protects all unmarried women against rape by anyone comes to admit an exception upon the conclusion of marriage. That is, the husband is exempted from criminal liability for raping his wife. In so doing, the criminal law seems to discriminate between married and unmarried women based on their mere status.
Beyond it physical, psychological and social hurdles on women, it goes without saying that the marital rape has the effect of downplaying family integrity. The basic rules with regard to the personal effect of marriage as provided under Article 49 of the Revised Family Code are respect, support and assistance which the contract of marriage shall not derogate from. These three important rules cannot be maintained where there is marital rape. Marital rape impedes the respect the husband owes his wife. And peril to the respect rule will necessarily imperil the other two. So, if not criminal law, what other law can effectively stop the husband to think twice before engaging himself into the spousal rape?
Ethiopia bears the duty to guarantee the right of women to be protected against all forms of domestic violence including marital rape; and that breach of right triggers a remedy (one of which is a criminal remedy or prosecution of perpetrators) makes it mandatory to criminalize marital rape if the country is to deliver what it has
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Bibliography
A. Books 1. Heidi, R., Kilpatrick, D., Walsh, C. and Vernonen, L., Marital Rape, New York: Plenum, 1991.
2. Bergen, R. K., Wife Rape: Understanding the Response of Survivors and Service Providers, London: Sage Publications, 1996.
3. Finkelhor, David and Yllo, Kersti, License to Rape: Sexual Abuse of Wives, New York: The Free Press, 1987.
4. Friedan, B., The Feminine Mystique (Mass Market Paperback), Norton Paperback Series, 2001.
5. Martin, E. K., Taft, C. T., Resick, P. A., A review of Marital Rape, Boston University, United States, 2006.
6. Russell, D. E. H., Rape in marriage, New York: Macmillan Press, 1990. 7. Iadicola, P. Violence, Inequality, and Human Freedom. United States of America: Rowman & Littlefield publishing, INC. 2003.
nd 8. Redy, G .B. Women and the Law. 2 Ed. Hyderabad: Goria law agency, 1998.
9. Johns, S. , Understanding Violent Crime, Great Britain: open University press, 2000.
10. Elaine K.Martin, Casey T. Taft, Patricia A. Resick, A review of marital rape; Boston University, United States, 2006.
B. Articles and Journals 1. ____, Ethiopian Women Lawyers Association, Berchi, Annual Journal, Issue 7, 2008.
2. Barshis, V., The question of marital rape, Women’s Studies International Forum, 6, 2006.
3. Bergen, R. K., Marital Rape, National Electronic Network on Violence against Women, Applied Research Forum, March 1999.
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4. Karadas, C., A Comparative Study: Development of Marital Rape as a Crime in USA, UK and Turkey, Turkish Journal of Police Studies, Vol.10, No.4, 2008.
5. Michelle J. Anderson, Marital Immunity, Intimate Relationships, and Improper Inferences: A New Law on Sexual Offenses by Intimates, Hastings Law Journal, Vol.54, 2003.
6. Robin, W., Equality Theory, Marital Rape, and the Promise of the Fourteenth Amendment, Florida Law Review, Vol. 47, Georgetown University Law Center, 1990.
7. Waterman, S. F., For Better or Worse: Marital Rape, 1988. 8. Yllo, K., Marital Rape, The Battered Women’s Justice Project, 1801 Nicollet Ave S. Suite 102 Minneapolis, MN 55403, 1996.
9. Mishra S., and Sigh S. , Marital Rape Myth, Reality and need for Criminalization, 2003.available at,www.ebc- india.com/lawyer/…/645.htm
C. Domestic Laws 1. Penal Code of the Empire of Ethiopia, Proclamation No. 158 of 1957, Negarit Gazeta, Gazette Extraordinary, 16th Year No.1, 23rd July, 1957.
2. The Criminal Code of the Federal Democratic Republic of Ethiopia 2004, Proclamation No.414/2004, Federal Negarit Gazeta, 9th of May, 2005.
3. The Constitution of the Federal Democratic Republic of Ethiopia Proclamation No. 1/1995, Federal Negarit Gazeta of the Federal Democratic Republic of Ethiopia, 1st Year, No.1, 21st August, 1995.
D. International Laws 1. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Adopted and opened for signature, ratification and accession by General Assembly Resolution 34/180 of 18 December 1979, entry into force: 3 September, 1981.
2. Convention on the Rights of the Child, Adopted and opened for signature, ratification and accession by General Assembly Resolution 44/25 of 20 November 1989, entry into force: 2 September, 1990.
3. International Covenant on Civil and Political Rights (hereinafter referred to as the ICCPR), Adopted and opened for signature, ratification and accession by General Assembly resolution 2200 A (XXZ) of 16 December 1966, Entry into force: 23 March 1976.
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4. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), Adopted and opened for signature, ratification and accession by General Assembly Resolution 39/46 of 10 December 1984, entry into force: 26 June 1987.
5. Charter of the United Nations, 1 UNTS XVI, 24 October 1945. E. Others th 1. Black, H. C., Black’s Law Dictionary, 6 ed., St. Paul Minn, West Publishing Co., 1990.
2. Sirgew, K., Marital rape as a human rights violation of women in Ethiopia: A case study of Alumni association of the faculty of law of Addis Ababa University and Ethiopian Women Lawyers Association (EWLA), 2011.
ACRONYMS UDHR-Universal Declaration of Human Rights CAT- Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment CEDAW- Convention on the Elimination of all forms of Discrimination Against Women DEVAW- Declaration on the Elimination of all forms of Violence Against Women FDRE – Federal Democratic Republic of Ethiopia HRC- Human Rights Committee ICCPR- International Covenant on Civil and Political Rights EWLA- Ethiopian Women Lawyers Association
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POLITICS OF POWER IN NAYANTARA SAHGAL’S NOVEL, THIS TIME OF MORNING
Mr. Arif Mohd. Shah Lecturer in English Govt. Degree College for (Boys) Anantnag ,Jammu and Kashmir
A survey of the Novel under Power Politics:
This Time of Morning is a purely political novel which emphasizes Politics of Power and deals with what happens in the corridors of power, in the drawing rooms of politically very important people or in the lobbies of parliament. Some of the characters of the novel are so beautifully and symbolically portrayed that they are equated with the contemporary political personalities. The centre, however, of This Time of Morning lies in the conflict and antagonism of Kailas and Kalyan Sinha, the two persons dedicated to two different kinds of philosophy of life. Kailas is a firm believer in Gandhian values of non- violence, self reliance and high morality. He has witnessed the most active years of India’s struggle for freedom. It left a deep impact on his psyche and impelled him to forsake his legal practice in Allahabad in spite of the fact that he was educated and trained for it abroad. He attended various political and social meetings and taught people, even those living in distant and obscure villages how to remain clear and healthy and how to spin and weave Khadi in order to be self-dependent. As opposed to him kalian Sinha represents the pragmatist but unscrupulous approach towards life. His personal circumstances are responsible for it. He is haunted by the memories of plague, famine, and extreme physical debility of his early years. Even in his days of success, he faintly remembers how he rattled a tin containing some pebbles to attract people and give him food. He has no memory of his parents, name and birth place. He was brought up and educated by his
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foster-parents. All this results in making him ruthless and impatient for results are concerned only with the ends and not means. He has no interest in Gandhiji and his Teachings. Suffering and poverty do not interest him. He wants their elimination at any cost. He is also fascinating to women.
The novelist juxtaposes the working of both in a highly skilled manner. Kalyar as advisor to Minister for External Affairs become all powerful but he appears to be more interested in the posting of his own key persons to key posts than in furthering India’s political interests abroad. On the other hand Kailas is elected to lok sabha from Allahabad and is asked to lead a delegation to the U.N. with kalian Sinha as his subordinate. This bringing of the two together results in clash and the one tries to upstage the other. This creates confusion in External Affairs Ministry and Kailas complains to the P.M. against the working of kalian to have his own way. Kalyan antagonizes kalias in other things also. He holds an hour’s discussion with the Ambassador to the U.N. and it gets leaked to the press. He supports Hari Mohan for the congress ticket though he is a corrupt man. The conflict between the two reaches its climax and ruthless but unscrupulous efficiency of kalian fails in the end. Of course, Kailas gets success and is made Cruel Minister of U.P. but the damage to value based politics is palpably felt and cannot be lost sight of.
Nayantara sahgal exposes the ugly facets of political corruption in this novel at the time when it was felt by people but never made big public issues. The novel is a biting expose of corruption in body politic particularly in bureaucracy and in politics.
There is, by and large, to put it in the words of jasbir jain, “an atmosphere of greed and irresponsibility. Dhirij Singh, an I.C.S., aspires for much better things than he deserves. He tenure as Chief
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Secretary of Uttar Pradesh was marked by financial corruption and illicit amours. As jasbir jain aptly states.
His whole life is a series of advantageous arrangements right from the army bread which finds place in their breakfast table through a circuitous route, the whisky in their parties to the money in their bank.1
When he is posted as Ambassador to Burma he feels humiliated. His wife and children dream of Paris and New York. He makes frantic efforts to get his posting changed as such is bureaucratic corruption that he succeeds with the help of kalian Sinha.
Dhiraj singh is not the only case. Most of the officers in external ministry want either to remain in Delhi or to be ambassadors to some big countries of their choice. They take recourse to unscrupulous manipulations and maneuverings to get their desires fulfilled and succeed in them. The novelist describes the whole situation very tellingly,
Things drift, decisions pend. The psychological moment comes and passes unnoticed. The riddle of who is appointed where and why becomes more and more unfathomable.2
However, Nayantara sahgal is not pessimistic about India’s political scenario. She does underline the fact that newly won freedom of the country. “Had not altered the men or the medium”3 Awareness of values was still very limited. And this lack of awareness threatened the very basis of freedom. All the same, she also takes cognizance of the significance of such persons as Rakesh and Salik in the socio-political context of the nation. Her focus on Ramesh is sharper than it is on salim. He, as Shyam Asnani points out “seems to act as the Chief Spokesman for the omniscient author.”4
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He is an intellectual and succeeds to an extent, so all is not lost. He sincerely endeavors to find his way from uncertainty to confidence, conviction and certitude. He has a troubled sense of responsibility towards his country, too young to actively share its travails, too old to be indifferent to it.
Much worse, however, is the corruption in public life which appears to be concretized in persons like Somnath and Hari Mohan. Hari Mohan, son of a sweet vendor of Allahabad had to go to prison during the Satygraha movement in Allahabad. He However, has no commitment to any political morality and has no work except casting amorous glances at girls and idling away his time in gossiping and discussing scandals. As a stockist for a cement factory in Calcutta, he makes pots of money through unscrupulous methods. He succeeds in his efforts to become chairman of Allahabad Municipal Board and gets ample opportunity to plunge himself into all sorts of corruption. He applies for a congress ticket but is rejected by Kailas. This superstitious and pretentious man runs into another corrupt person Somnath who becomes Chief Minister of U.P. Hari Mohan is appointed Minister of Industries. Both of them plunder the state through highly devious ways, roll in tainted affluence and become all powerful. But power and money makes them so self- centered that they fall out with each other and do not allow the election to be held. The clash between the two results in collapse of administration and agitations all around and their final removal from the cabinet on the recommendation of Shamlal Kailas, who is mace interim Chief Minister.
The novelist lashes out at the rampant corruption in public life and power politics. She points out how Gandhi caps a symbol of honesty. Courage and independence, has now become an object of derision and even the congressmen appear to be afraid of wearing it. She also reveals how the peace institute a memorial for Gandhiji and his philosophy of life falls into the hands of politically corrupt people and generates
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acrimony, conflict and violence. What the novelist portrays is well known to the persons who have lived through the first decade of post Nehruvian era.
Politics of Power as a theme appears in all her novels. In some it is prominent, in others it is not. All the same, the novelist cannot escape the atmosphere of political power of her times and cannot help herself from expressing her political attitudes. She, time and again harps on the Gandhian values and Nehruvian ideals. She is sometimes critical of her favorite Mamu for not nurturing a leadership in whose hand the country would be safe after his death. However, slit seldom appears to be skeptical about Mahatma Gandhi. Her only lament is that the country is moving away from the ideals preached by the father of the nation; the daughter of the first prime Minister appears to have given them a clear burial. The political novel in the hands of Nayantara Sahgal becomes powerful because it seldom disassociates itself from human concerns. The political theme is always intertwined with a deeply moving human story told with all the narrative skill that the novelist can command.
References:
1. Jasbir Jain, Nayantara Sahgal, New Delhi, Arnold- Heinemann 1978 p. 93.
2. Nayantara Sahgal, This Time of Morning, Delhi, Orient Paperbacks, 1965, p. 120.
3. Jasbir Jain, Nayantara Sahgal, New Delhi, Arnold- Heinemann 1978 p. 96.
4. Shyam M. Asnani, “Contemporary Politics: Its Portrayal in the Novels of Nayantara Sahgal”, Criticism and Research, B.H.U., Varanasi, Vol. 7, 1984-85., p. 149.
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PANCHANAN BARMA’S CONTRIBUTION TOWARDS FOLK LITERATURE IN BENGAL: A BRIEF ESTIMATE ON CONTEMPORARY APPROACH
Kartick Chandra Barman Assistant Professor in History Krishna Chandra College Hetampur, Birbhum
Introduction: Nowadays, the study of folk culture has been strengthened in different literary writings. It has found priority is the language of literature. Though it was introducing from primitive time but there was no importance at the same time. The actual history of the country is known by the study of folk culture. In those days, educational outreach in those days was not enough among human, although limited, it was bound to isolate behind. Only folk literature captured to the society and culture of ancient Bengal. That is why most of the literary sources were hiding in the midst of folklore. Panchanan Barma, was first man who understood the value of folk literature. Although, the modern education had spread in Greater Bengal, especially in Kolkata and adjacent areas but was not applicable to North Bengal. The entire North Bengal remained out of western education i.e. modern education. The western education had entered in Northern part of Bengal was too late in few areas, after the established of the British rule in India. The Bengal Renaissance was not flourishing in this area at the same time. In that situation, some of the education Institution had established in Rangpur, Dinajpur under the British Government led by Panchanan Barma. Folk literature creates folk- culture. Both are complement to each other and synonymous. Folk- culture is one of the main elements of folk-literature. This folklore is popularly expansion and spread by speaking from man to man. There is an inner relation between folk literature and written literature.
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Written literature was developed based on folk literature and oral literature. The folk literature became developed based on some rituals, customs, and practices of the society.
Gradually, it is becoming part of the society. Folk culture contained the culture and society of North Bengal at the same time. Folk culture and folklore are available in North Bengal. Panchanan Barma searched and collected those ingredients of folk culture. The influence of folk literature on history and literature remains today. Needless to say, the folk literature more powerful and olden than written documents. "The transference of oral tradition to writing and print does not destroy its validity as folklore but rather while freezing or fixing its form, helps to keep it alive and to diffuse it among those to whom it is not native or fundamental. For the folk memory forgets as much as it transmits and improves. In the reciprocity of oral and written tradition and the flux of cultural change and exchange, revival plays as important a part as survival, popularization is as essential as scholarship, and the final responsibity rests upon the accumulate and collective taste and judgment of the many rather the few.” [1]
Panchanan Barma understood the importance of the folk- literature. He was an enlightened and higher educated by modern education and Western education. He spent his life and work in North Bengal. He guessed the light and influence about the western education to living the rural area. But he did not deny the importance of the folk culture and folk literature. Because the largest rural folk culture was the main pillar of society and culture. In this context, the quotation of Levi Strauss is mentionable that 'as universal structures but precisely because the immediate functions of the rituals change. The kinds of offender subjected to rough music are not the same, from one country to another or from one century to the next. So that once again I have had to resist an anthropological finding that charvari has one constant trans-cultural function of significance.’[2] Folk-literature is something
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which the individual has in common with his fellows, just as all have eyes and hands and speech. It is not contrary to himself as an individual but a part of his equipment. It makes possible-perhaps it might be defined as that which constitutes-his rapport with his particular segment of mankind. Some scholar has said, ‘unwritten literature of any group, whether having writing or being without it.’
'In short, all the elements of culture reinvent society and culture was hiding within the folk culture. Excluding the human elements will be crippled. Folk and ritual elements of the changes, not changing its original form. Written literature in those days was not so much the material world of literature has since become extinct. It can be said, Panchanan Barma was the first humanist who introduced the written for of folk literature. And then Rabindranath had developed the folk literature in the contemporary world literature.
Status of Education and Contemporary Society
The western education was spread towards the society of the British India, mainly in the urban areas like Kolkata, Bombay, and Madras and so on. But most of the areas, especially in rural areas, there was no scope to receive basic education, western education is too far. Thus, the rural areas of British Bengal pulled to backward than the urban places. After second half of the ninetieth century Bengal, few Institutions were established in different towns in Bengal. Modern education has entered to the Bengal society and different traditions, customs were removed from the society. Western education was not easy to enter into the light of agrarian society. The whole of the rural environment prevailed across the region. There was no learning environment. Every family in the town, but it could not access education. Because the school was not enough at the same time. Few schools and colleges were established; where the study was open to the children of the high society. Ninety percent of the people were illiterate
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society. The remaining ten percent of the people have been educated by the west education, yet, they had served the British. The proportion of written literature was too low as bearers of the society. Bengali literature had flourished in Kolkata and adjacent areas, after established of the Bangiyo Sahitya Parishad. The prose literatures were spread led by Vidyasagar and Rammohan Roy at the same time. A unit of the Bangiyo Sahitya Parishad was established at Rangpur in 1906 to spread the literary culture in Bengal. Panchanan Burma understood, ancient history and glory are hidden in that folk literature. The ancient glory of our country to be rescued by the study of folk tradition.
The entire contemporary society Northern part of Bengal had been depending on the customs, traditions, superstitions. Generation after generation would have preached the elements of folk culture than. Folk culture was spread over a large part of Bengal society, especially of those places where the light of renaissance could not reached. It cannot be imagine about the ancient society without the folk culture and literature. Panchanan faced to learn about the society without leaving out many proverbs, rhyme, verse, song, riddle, words etc. Each phrase has a special meaning, which are linked with the society. Song and verse have meaning. Those were written based on the different customs. Though those verse and customs were not written, people used verse for different purposes, like in the time of sleeping child, sometimes playing of drama etc. The actual history is hidden in folk cultures for decades. Jones Balys said, "Folklore comprises traditional creations of peoples primitive and civilized. These are achieved by using sounds and words in metric form and prose, and include also folk beliefs or superstitions customs and performances, dances and plays.”[3] Being felt the need of those components of folk cultures; he used to went in several villages for collection. Panchanan Barma brought collected of those folk components from older man and women of several villages. The folk culture had begun to decline after the
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advent of the British culture in this land. However, western education had reached too late in northern part of Bengal, so the folk culture has reduced to extinct for a long time. Keep in mind; history and culture have hidden behind the folk cultures and folklores. Western educated scholars did not give priority towards the folk cultures and folklores. Panchanan Barma felt that ancient civilization and culture will be destroyed, if the folklore to be finish. In fact, it will be impossible to know the true history of many caste and tribes. It can be said, Panchanan Barma had taken initiative to develop folk culture in Bengal. Panchanan Barma’s Contribution on Folk Literature:
His studies of literary activities were the subject of folklore. Folklore means, folk tradition of human society, custom, belief, proverb, tradition of folk, all forms of social customs and beliefs, the stories, songs, words and became proverbial. The minimum requirement is the folklore, tradition etc. The usefulness of the folk- culture in the real life of the society is more than that of written form.Theodor said, “Folklore is that part of people’s culture which is preserved conciously or unconciously in belief and practices, customes and observances of general currency; in myths, legends and fables of common acceptance; and in arts and crafts which express the temper and genius of a grup rather than of an indidual. Because it is a repository of popular “climate” folklore serves as a constant source and frame of reference for more formal literature and art; but it is distinct therefrom in that it is essentially of the people, by the people, and for the people.” According to Johns Billy, 'Oral legend of the primitive and the civilized community of traditional container, sync word and prose, folk- lore, superstitions, customs are included. Different race-tribe, religion, language, dress, customs and behavior have lived in North Bengal since the historic faith. For a long time there was a tradition prevalent in this
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region, the folk tradition or oral legend, which would run continuously from generation to generation. For example, the reform history is the means of temporary entertainment boy rhymes, songs, words and cilka or verse, Psalm vow female, feminine rhymes, idioms, proverbs, maxims, fairytale, folklore, including traditional publishing system that collects together. In this context, the historical ancestral Niharanjan Roy said, Bengalis are the history of religious origin, such as Radha- Pundra-Bengal groups of people and the indigenous word, worship, 4 rituals, ceremonies, fear, faith, etc." [ ] He had built a rural library beside the Rangpur Sahitya Parishad at Rangpur to store the documents of folk literature. The establishment of rural libraries in the region and there are several ancient books and documents were stored from the Panchanan Age. The British government was established library in towns but Panchanan thought that the necessity to establish the rural libraries at village area to keep literary and historical documents for future generation. Today the idea of Panchanan Barma has implemented by different governments.
Different elements of folk literature are hidden in ancient culture-society and literature but those were not preferred literary values due to unwritten form. He was involved himself to collect several elements of folk literature and oral literature as well as to acting as assistant secretary of Rangpur Sahitya Parishad. The education society did not grant historical and literary values to the elements of that folk culture. But Panchanan Barma felt that the ancient glory is hidden inside those elements of folk culture or folk literature. Rabindranath was interested to include of all those elements of folk culture in literature as well as Panchanan Barma at the same time. Rabindranath was a great writer who included folk culture, like proverb, rhymes, child sleeping songs, verse etc. to the modern literature. He said in the speech of Bangiya Sahitya Parishad that “I welcome to the researchers
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to search ancient glory and heritage in novels, songs, ruins of temple, rural cottages in faithfully through the independent thinking not only search in the pages of books. If you able to response that you will be student of the University and you may save literature from a simulated 5 problem of fatigue and weakness…..” [ ] German sociologist Darkhem said, “Literature is written not in individual, the development of these individuals and the generations that are flowing through folk culture tradition. Village meetings, all the rhymes, stories, legends, fairytale, would talk about the many myths and so on. It had been written not mere an entertainment or fable story, yet those beers an important message to writing the oral history today. Needless to say, the thought of Panchanan Barma did not fail. Subsequently, folklore is well established as a separate branch of modern Bengali language and literature.
Development of Folk Literature in Bengal: Most of the places of Bengal were belonged under rural society and civilization. Except the towns and cities, all villages of Bengal were full ambience of ancient and medieval affairs. Entire villages were drowned in the darkness of superstition. Folklore was the sole holder and bearer of society. Each of the main components of the rural culture of Bengal was folk literature. Past glories were hidden inside those components of folk literature. But scholars did not care that. Panchanan Barma first brings that important openly about the folk literature.
Then Rabindranath argued literary status in favor of folk literature. Thus, researcher had started to search folk components in different parts of Bengal. It is known that in order to review them, which is something like the past, they are hidden in the folk culture. As one scholar says, "The traditions, customs and beliefs of the people as they appear in non literary tales, songs and sayings. The basic requirement
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of living folklore is that it be traditional, widely current, and transmitted primarily through memory and practice rather than by the printed page.” [6]
Bengal renaissance begun in the nineteenth century. As a result, the ancient literature was hit on the key elements of folk literature. The new system was introduced to replace the old system. New group of businessman were emerged as landlord in place of old landlords, who were involved into their business under the colonial rule in Bengal. They were well trained under the colonial rule and given up old traditions as well as rural customs, belief, folk culture etc. As a result of the continuation of modern literature at the intersection. British administration system did not believe folk culture and old traditions in the light of western education. Western education had expanded in Kolkata and adjacent areas and the far-off places were exempted from that light of renaissance. The components of folk literature were developed in Northern part of Bengal led by Panchanan Barma. He collected of those components of folk literature from remote villages. But at that time kabiyal music, folk tales thoughts, Jhumur, Panchali, the Ramayana and the Mahabharata, and folk literature were developed under the stories of folk culture. Those components of folk culture were borne Rural culture and society at the same time. [7] Dawkins said, ‘The mythical story with its symbols has an elements of permanency, for it brings before us, under a veil, the predicaments, the joys and the sorrows of human life; we begin to see why it is that folk- tales, these humble sisters of written art, still have power to stir our interest and even our feelings.’ [8] Panchanan Barma collected those elements of folk literature from remote villages and stored at Rangpur Library and Rangpur Sahitya Parishad. Unfortunately, most of those literary sources were lost due to partition of India. Subsequently, the contribution of folklore and folk culture influence is undeniable on the emergence and development of Bengali literature.
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Conclusion:
Panchanan Burma used in a variety of literary and social affairs as well. And he has seen, several components of folk literature are hidden in the various activities of rural life. Most of the old man and women of villages were used to rhyme and verse as communicative languages to each other. Each of them has a special meaning and literary terms towards the folk cultures, Panchanan Barma felt on that day. He felt that everybody left his footprints on earth during their life living, a solution will come out for scientific research. The component of folk literature is hiding to all actions of human. Panchanan Barma had noticed that all activities of human beings. He was a social reformer not a writer, that is why, he did keep those evidences as writing form. However, some of the verses, songs for child sleeping, rhymes, etc., were collected from different villages. Rabindranath had combined of all these elements of folk cultures and oral legend and given as writing form at the same time. Malinowski said, “This stories live in native life and not on paper, and when a scholar jots them down without being able to evoke the atmosphere in which they flourish he has given us but a mutilated bit of reality” [9] Thus, folk literature has occupied a distinguished position in modern literary world.
References
1. Bandopadhaya, Subhas Chandra, 2013. OItihy Adhunikata O Rabindranath, Ananda, Kol., p.138 2. Strauss, Levi, 1977. Folklore, Anthropology, Social History, in Indian Historical Review, vol- III, No.2, p.259 3. Leach, Maria, Ed., Standard Dictionary of Folklore, Mythology and Legends, Vol.I, p.399 4. Roy, Nihara Ranjan,1356 BS, Banglar Itihass-Adiporbo, Dey’s, Kolkata, p.575 5. Bandopadhyaya, Subhas Chandra, Ibid., p.10 6. Calvin,S,Brown, 1961. Ed. World Literature, p.169 7. Das, Kishori Ranjan, 200). Banglar Kabigaan O Kabioala, Deep, Kolkata, p.2 8. Dawkins,R, M., 1948. ‘Some Remarks on Greek Folk-tales’, Folk-Lore, LIX, p.68. 9. Malinowski,B., 1948. Magic, Science and Religion and other Essays, London,p.82
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DOCTRINE OF ULTRA VIRES Yashwanth Kalepu Advocate, Kakinada Andhra Pradesh Introduction:
The object clause of the Memorandum of the company contains the object for which the company is formed. An act of the company must not be beyond the objects clause, otherwise it will be ultra vires and, therefore, void and cannot be ratified even if all the members wish to ratify it. This is called the doctrine of ultra vires, which has been firmly established in the case of Ashtray Railway Carriage and Iron Company Ltd v. Riche1.
In this case the memorandum of association of a company thus defined its objects: “The object for which the company is established are to make and sell, or lend on hire, railway carriages and wagons and all kinds of railway plants, etc., to carry on the business of mechanical engineers, and general contractors ….” The company entered into a contract with Riche, a firm of railway contractor to finance the construction of a railway line in Belgium. The company, however, repudiated the contract as ultra vires. And Riche brought an action for damages for breach of contract. His contentions were that the contract in question came well within the meaning of the words “general contractors” and, was, therefore, within the power of the company, and, secondly, that the contractor was ratified by a majority of the shareholders.But the House of Lords held that the contract was ultra vires and, therefore, null and void.
The expression ultra vires consist of two words: ultra and vires. Ultra means beyond and vires means power. Thus, the expression ultra vires means an act beyond the powers. Here the expression ultra vires
1(1875) LR 7 HL 653
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is used to indicate an act of the company which is beyond the powers conferred on the company by the objects clause of its memorandum. An ultra vires act is void and cannot be ratified even if all the directors wish to ratify it. The ultra vires act or transaction is different from an illegal act or transaction, although both are void.
Origin and Development:
Doctrine of ultra vires has been developed to protect the investors and creditors of the company. The doctrine of ultra vires could not be established firmly until 1875 when the Directors, &C., of the Ashbury Railway Carriage and Iron Company (Limited) v Hector Riche, was decided by the House of Lords. Later on, in the case of Attorney General v. Great Eastern Railway Co.2, this doctrine was made clearer. In this case the House of Lords affirmed the principle laid down in Ashbury Railway Carriage and Iron Company Ltd v. Riche but held that the doctrine of ultra vires “ought to be reasonable, and not unreasonable understood and applied and whatever may fairly be regarded as incidental to, or consequential upon, those things which the legislature has authorized, ought not to be held, by judicial construction, to be ultra vires.”
The doctrine of ultra vires was recognized in Indian the case of Jahangir R. Mod v. ShamjiLadha2 and has been well established and explained by the Supreme Court in the case of A. Lakshmanaswami Mudaliar v. Life Insurance Corporation Of India3. Even in India it has been held that the company has power to carry out the objects as set out in the objects clause of its memorandum, and also everything, which is reasonably necessary to carry out those objects. For example, a company which has been authorized by its memorandum to purchase land had implied authority to let it and if necessary, to sell it.However
2(1866-67) 4 Bom HCR 185 31963 AIR 1185, 1963 SCR Supl. (2) 887
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it has been made clear by the Supreme Court that the company has, no doubt, the power to carry out the objects stated in the objects clause of its memorandum and also what is conclusive to or incidental to those objects, but it has no power to travel beyond the objects or to do any act which has not a reasonable proximate connection with the object or object which would only bring an indirect or remote benefit to the company. To ascertain whether a particular act is ultra vires or not, the main purpose must first be ascertained, then special powers for effecting that purpose must be looked for, if the act is neither within the main purpose nor the special powers expressly given by the statute, the inquiry should be made whether the act is incidental to or consequential upon. An act is not ultra vires if it is found:
(a) Within the main purpose, or
(b) Within the special powers expressly given by the statute to effectuate the main purpose, or
(c) Neither within the main purpose nor the special powers expressly given by the statute but incidental to or consequential upon the main purpose and a thing reasonably done for effectuating the main purpose.
The doctrine of ultra vires played an important role in the development of corporate powers. Though largely obsolete in modern private corporation law, the doctrine remains in full force for government entities. An ultra vires act is one beyond the purposes or powers of a corporation. The earliest legal view was that such acts were void. Under this approach a corporation was formed only for limited purposes and could do only what it was authorized to do in its corporate charter. This early view proved unworkable and unfair. It permitted a corporation to accept the benefits of a contract and then refuse to perform its obligations on the ground that the contract was ultra vires.
The doctrine also impaired the security of title to property in fully executed transactions in which a corporation participated.
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Therefore, the courts adopted the view that such acts were voidable rather than void and that the facts should dictate whether a corporate act should have effect. Over time a body of principles developed that prevented the application of the ultra vires doctrine. These principles included the ability of shareholders to ratify an ultra vires transaction; the application of the doctrine of estoppel, which prevented the defense of ultra vires when the transaction was fully performed by one party; and the prohibition against asserting ultra vires when both parties had fully performed the contract. The law also held that if an agent of a corporation committed a tort within the scope of the agent's employment, the corporation could not defend on the ground that the act was ultra vires. Despite these principles the ultra vires doctrine was applied inconsistently and erratically.
Accordingly, modern corporation law has sought to remove the possibility that ultra vires acts may occur. Most importantly, multiple purposes clauses and general clauses that permit corporations to engage in any lawful business are now included in the articles of incorporation. In addition, purposes clauses can now be easily amended if the corporation seeks to do business in new areas. For example, under traditional ultra vires doctrine, a corporation that had as its purpose the manufacturing of shoes could not, under its charter, manufacture motorcycles. Under modern corporate law, the purposes clause would either be so general as to allow the corporation to go into the motorcycle business, or the corporation would amend its purposes clause to reflect the new venture. State laws in almost every jurisdiction have also sharply reduced the importance of the ultra vires doctrine. For example, section 3.04(a) of the Revised Model Business Corporation Act, drafted in 1984, states that "the validity of corporate action may not be challenged on the ground that the corporation lacks or lacked power to act." There are three exceptions to this prohibition: it may be asserted by the corporation or its shareholders against the
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present or former officers or directors of the corporation for exceeding their authority, by the attorney general of the state in a proceeding to dissolve the corporation or to enjoin it from the transaction of unauthorized business, or by shareholders against the corporation to enjoin the commission of an ultra vires act or the ultra vires transfer of real or personal property. Government entities created by a state are public corporations governed by municipal charters and other statutorily imposed grants of power. These grants of authority are analogous to a private corporation's articles of incorporation.
Historically, the ultra vires concept has been used to construe the powers of a government entity narrowly. Failure to observe the statutory limits has been characterized as ultra vires. In the case of a private business entity, the act of an employee who is not authorized to act on the entity's behalf may, nevertheless, bind the entity contractually if such an employee would normally be expected to have that authority. With a government entity, however, to prevent a contract from being voided as ultra vires, it is normally necessary to prove that the employee actually had authority to act. Where a government employee exceeds her authority, the government entity may seek to rescind the contract based on an ultra vires claim.
Effect of Ultra Vires Transactions:
A contract beyond the objects clause of the company’s memorandum is an ultra vires contract and cannot be enforced by or again1st the company as was decided in the cases of In Re, Jon Beaufore (London) Ltd4 ., In S. Sivashanmugham And Others v. Butterfly Marketing PrivateLtd5., A borrowing beyond the power of the company (i.e. beyond the objects clause of the memorandum of the
4 [2001] 105 Comp Mad 763 5 (2005) 5 CompLJ 117 Mad
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company) is called ultra vires borrowing. However, the courts have developed certain principles in the interest of justice to protect such lenders. Thus, even in a case of ultra vires borrowing, the lender may be allowed by the courts the following reliefs:
(1) Injunction --- if the money lent to the company has not been spent the lender can get the injunction to prevent the company from parting with it.
(2) Tracing--- the lender can recover his money so long as it is found in the hands of the company in its original form.
(3) Subrogation---if the borrowed money is applied in paying off lawful debts of the company, the lender can claim a right of subrogation and consequently, he will stand in the shoes of the creditor who has paid off with his money and can sue the company to the extent the money advanced by him has been so applied but this subrogation does not give the lender the same priority that the original creditor may have or had over the other creditors of the company.
Exceptions to The Doctrine Of Ultra Vires:
There are, however, certain exceptions to this doctrine, which are as follows:
1. An act, which is intra vires the company but outside the authority of the directors may be ratified by the shareholders in proper form.
2. An act which is intra vires the company but done in an irregular manner, may be validated by the consent of the shareholders. The law, however, does not require that the consent of all the shareholders should be obtained at the same place and in the same meeting.
3. If the company has acquired any property through an investment, which is ultra vires, the company’s right over such a property shall still be secured.
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4. While applying doctrine of ultra vires, the effects which are incidental or consequential to the act shall not be invalid unless they are expressly prohibited by the Company’s Act.
5. There are certain acts under the company law, which though not expressly stated in the memorandum, are deemed impliedly within the authority of the company and therefore they are not deemed ultra vires. For example, a business company can raise its capital by borrowing.
6. If an act of the company is ultra vires the articles of association, the company can alter its articles in order to validate the act.
Eley v The Positive Government Security Life Assurance Company Limited6, It was held that the articles of association were a matter between the shareholders inter se, or the shareholders and the directors, and did not create any contract between the plaintiff and the company and article is either a stipulation which would bind the members, or else a mandate to the directors. In either case it is a matter between the directors and shareholders, and not between them and the plaintiff.
The Directors, &Co., of the Ashbury Railway Carriage and Iron Company (Limited) v Hector Riche7, he objects of this company, as stated in the Memorandum of Association, were to supply and sell the materials required to construct railways, but not to undertake their construction. The contract here was to construct a railway. That was contrary to the memorandum of association; what was done by the directors in entering into that contract was therefore in direct contravention of the provisions of the Company Act, 1862 It was held that this contract, being of a nature not included in the Memorandum of Association, was ultra vires not only of the directors but of the whole
6(1875-76) L.R. 1 Ex. D. 88 7 [1874-75] L.R. 7 H.L. 653
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company, so that even the subsequent assent of the whole body of shareholders would have no power to ratify it. The shareholders might have passed a resolution sanctioning the release, or altering the terms in the articles of association upon which releases might be granted. If they had sanctioned what had been done without the formality of a resolution, that would have been perfectly sufficient. Thus, the contract entered into by the company was not a voidable contract merely, but being in violation of the prohibition contained in the Companies Act, was absolutely void. It is exactly in the same condition as if no contract at all had been made, and therefore a ratification of it is not possible. If there had been an actual ratification, it could not have given life to a contract which had no existence in itself; but at the utmost it would have amounted to a sanction by the shareholders to the act of the directors, which, if given before the contract was entered into, would not have made it valid, as it does not relate to an object within the scope of the memorandum of association.
Shuttleworth v Cox Brothers and Company (Maidenhead), Limited, and Others8, It was held that the contract, if any, between the plaintiff and the company contained in the articles in their original form was subject to the statutory power of alteration and if the alteration was bona fide for the benefit of the company it was valid and there was no breach of that contract; there was no ground for saying that the alteration could not reasonably be considered for the benefit of the company; there being no evidence of bad faith, there was no ground for questioning the decision of the shareholders that the alteration was for the benefit of the company; and, the plaintiff was not entitled to the relief claimed.
8 [1972] 2 K.B. 9
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In Re New British Iron Company9, It was held that the article is not in itself a contract between the company and the directors; it is only part of the contract constituted by the articles of association between the members of the company inter se. But where on the footing of that article the directors are employed by the company and accept office the terms of art. 62 are embodied in and form part of the contract between the company and the directors. Under the article as thus embodied the directors obtain a contractual right to an annual sum of 1000l as remuneration. It was held also that although these provisions in the articles were only part of the contract between the shareholders inter se, the provisions were, on the directors being employed and accepting office on the footing of them, embodied in the contract between the company and the directors; that the remuneration was not due to the directors in their character of members, but under the contract so embodying the provisions; and that, in the winding-up of the company, the directors were entitled to rank as ordinary creditors in respect of the remuneration due to them at the commencement of the winding-up.
Rayfield v Hands and Others10, Field-Davis Ltd was a private company carrying on business as builders and contractors, incorporated in 1941 under the Companies Act, 1929 , as a company limited by shares, having a share capital of £4,000, divided into 4,000 ordinary shares of £1 each, of which 2,900 fully-paid shares had been issued. The plaintiff, Frank Leslie Rayfield, was the registered holder of 725 of those shares, and the defendants, Gordon Wyndham Hands, Alfred William Scales and Donald Davies were at all material times the sole directors of the company. The plaintiff was a shareholder in a company.
Article 11 of the articles of association of the company required to inform the directors of his intention to transfer shares in the
9[1898] 1 Ch. 324 10 [1957] R. no. 603
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company, and which provided that the directors “will take the said shares equally between them at a fair value.” In accordance with this the plaintiff so notified the directors, who contended that they need not take and pay for the plaintiff’s shares, on the ground that the articles imposed no such liability upon them. The plaintiff’s claimed for the determination of the fair value of his shares, and for an order that the directors should purchase such shares at a fair value. It was found that the true construction of the articles required the directors to purchase the plaintiff’s shares at a fair price. Article 11 is concerned with the relationship between the plaintiff as a member and the defendants, not as directors, but as members of the company.
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is characterized in law as intra vires (literally "within the powers"; standard legal translation and substitute, "within power"). If it is done without such authority, it is ultra vires. Acts that are intra vires may equivalently be termed "valid" and those that are ultra vires "invalid".
In corporate law, ultra vires describes acts attempted by a corporation that are beyond the scope of powers granted by the corporation's objects clause, articles of incorporation or in a clause in its Bylaws, in the laws authorizing a corporation's formation, or similar founding documents. Acts attempted by a corporation that are beyond the scope of its charter are void or voidable.
1. An ultra vires transaction cannot be ratified by shareholders, even if they wish it to be ratified.
2. The doctrine of estoppel usually precluded reliance on the defense of ultra vires where the transaction was fully performed by one party
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3. A fortiori, a transaction which was fully performed by both parties could not be attacked.
4. If the contract was fully executor, the defense of ultra vires might be raised by either party.
5. If the contract was partially performed, and the performance was held to be insufficient to bring the doctrine of estoppel into play, a suit forquasi contract for recovery of benefits conferred was available.
6. If an agent of the corporation committed a tort within the scope of his or her employment, the corporation could not defend on the ground the act was ultra vires.
Several modern developments relating to corporate formation have limited the probability that ultra vires acts will occur. Except in the case of non-profit corporations (including municipal corporations), this legal doctrine is obsolescent; within recent years, almost all business corporations are chartered to allow them to transact any lawful business. The Model Business Corporation Act of the United States states that: "The validity of corporate action may not be challenged on the ground that the corporation lacks or lacked power to act." The doctrine still has some life among non-profit corporations or state- created corporate bodies established for a specific public purpose, like universities or charities.
According to American laws, the concept of ultra vires can still arise in the following kinds of activities in some states:
1. Charitable or political contributions
2. Guaranty of indebtedness of another
3. Loans to officers or directors
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4. Pensions, bonuses, stock option plans, job severance payments, and other fringe benefits
5. The power to acquire shares of other corporations
6. The power to enter into a partnership In the United Kingdom, the Companies Act 2006 sections 31 and 39 greatly reduced the applicability of ultra vires in corporate law, although it can still apply in relation to charities and a shareholder may apply for an injunction, in advance only, to prevent an act which is claimed to be ultra vires.
In many jurisdictions, such as Australia, legislation provides that a corporation has all the powers of a natural person11 plus others; also, the validity of acts which are made ultra vires is preserved.12
Present position in U.K:
In England, the doctrine of ultra vires has been restricted by the European communities act, 1972. According to section 9(1) of the European communities act in favor of a person dealing with a company any transaction decided by its directors shall be deemed to be within the capacity of the company to enter into validity and the other party to the transaction is not required to enquire about the capacity of the company and thus such transaction may be enforced by the other party acting in good faith against the company and the company cannot plead that the transaction was ultra vires, but it cannot be enforced by the company against the other party for the other party still can plead that the act was ultra vires. It is to be noted that in England the European Communities Act, 1972 merely restricts the application of the doctrine of ultra vires but it does not abolish it. The company can still plead
11CORPORATIONS ACT 2001 - SECT 124 12CORPORATIONS ACT 2001 - SECT 125
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against the third party that the act was ultra vires if it is proved that the third part has not acted in good faith. It can be pleaded by the company against the third party if the transactionor act has not been approved by the director. Along with it, as has already been stated, the third party can still plead against the company that it has acted ultra vires that means the ultra vires transaction cannot be enforced by the company against the third party. Thus, the doctrine of ultra vires applies in England with certain restriction and modifications and certain provisions have been inserted in the European Communities Act, 1972 in order to protect innocent third party from the hardship created by this doctrine for him.13
Present position in India:
In India, there is no legislation like the European Communities Act.Consequently, the principals laid down in the Ashbury Railway Carriage & Iron Co. v. Riche and Attorney General v. Great Eastern Railway Co. is applied without restrictions and modifications. Thus, in India, the ultra vires act is still regarded void and it cannot be validated by ratification even if all the shareholders consent to such ratification. Thus, in India, the ultra vires transaction nether can be enforced by the company against the third party nor by the third party against the company and thus, both the company and third party can plead each other that the act or transaction was ultra vires.However, the provisions similar to those inserted in the European Communities Act should also be inserted in the Indian Companies Act to protect the innocent third party14.
13Pg :97 ,Pari-3, Company Law by KailashRai 14Pg: 98, Pari-1,Company Law by KailashRai
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Conclusion:
An ultra vires act is void and cannot be ratified even if all the directors wish to ratify it.The provisions similar to those inserted in the European Communities Act, 1972should also are inserted in the Indian Companies Act, 1956 to protect the innocentthird party.
The tendency of inserting “independent objects clause” to exclude the main objectsruleof construction is dangerous also because it makes the distinction between the objectand power obscure.
The doctrine of ultra vires also prevents directors from departing the object for whichthe company has been formed and, thus, puts a check over the activities of thedirections. It enables the directors to know within what lines of business they areauthorized to act
In India, there is no specific legislation like European Communities Act andtherefore,there is no specific statutory provision under which an innocent third party makingcontract with the company may be protected. Thus, in India, if the doctrine of ultravires is strictly applied, where the contract entered into by a third party with a companyis found ultra vires the company, it will be held void and cannot be ratified by thecompany and neither the company can enforce the contract against the third party nor the third party can enforce it against the company.
The powers exercisable by the company are to be confined to the objects specifiedin the MOA. So it is better to define and include the provisions regarding the acquiring of business, sharing of profits, promoting company and other financial, gifts, political party funds etc. If the company acts beyond the powers or the objects of the company that is specified in the MOA, the acts are considered to be of ultra vires. Even if it is ratified by the allthe members, the action is considered to be ineffective.
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References
Websites:
1. www.scribd.com/doc/31676572/Q-7-Ultra-Vires
2. en.wikipedia.org/wiki/Ultravires
3. www.caclubindia.com › Discussion › Students › IPCC
Books:
1. Company Law By KailashRai, Reprinted in 2011, Allahabad Law Agency
2. Company Law By Avtar Singh, Fifteenth Edition, Reprinted in 2009, Eastern Book Company
3. Company Law By S.C Tripathi
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ROBERT FROST ON EXPERIMENTATION
Som Parkash Verma Dr.Tanu Gupta Research Scholar Professor of English Dept. of Humanities & Social Dept. of Humanities & Social Sciences, M.M.U. Sciences, M.M.
Broadly speaking, degree wise poets and authors can be classified under two categories- the classic one and the modern one. Yes there is a third kind also which has the tendencies of both the classic and the modern- which is termed as transitional. Matthew Arnold belonging to the romantic criticism has beautifully explained the importance of classics through his Touchstone method. In order to determine the quality and power of a poet, the classic poetry of Chaucer, Milton, Dryden and Pope can be applied. However laying the importance of classics, Arnold does not criticise modern poetry but he is against some of the artificiality and business wise, in general, materialism that he is talking about that has creeped into modern poetry. To quote Arnold –
.....evaluations of Chaucer, Dryden, Pope and Gray have sufficiently demonstrated how the lines from the great classics can be applied as touch stones to determine the excellences of a poet. We should endeavour to make the estimates of poetry real. The real estimate alone
can bring us the benefit of being able clearly to feel and deploy to enjoy the best, truly classic. With rise of a multitude of common readers, there is a deterioration in literary standard and to appease the public taste, literature is becoming a waste and profitable industry. But inspite of this momentary phase, the truly great and classical will never loose currency. Supremacy is insured to it, not by the conscious and deliberate choice of the world, but by the very instinct of self preservation in humanity.
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Arnold is of the opinion that the age of the poet plays a crucial role in establishing him as a poet- whether classical, transitional or modern. It is obvious that classical age was more towards rules, reasons, true style and certain limitations. But overall simplicity was there in composition. That is the reason why they are termed classical and are even read today because of the mesmerizing power of their poetry. There is a certain question of what is it takes for a poet to be both classical and modern at the same time. Arnold says-
A poet must have a thorough knowledge of life and the world, before he can deal with them in poetry. And life and the world are in modern times very complex and complicated things therefore the creation of good modern poet leads a great critical effort behind it. Otherwise his poetry, will be comparatively poor, barren and short lived.
So clearly complexity is associated with a poet to be modern. And the easy poets are termed as not suited for the 20th century readers. It is however a complex task to approach a poet who has both modern and the classical tendencies within him. His first poetry which displays the order and decorum of the classical age, quite wonderfully contrasts with his later poetry which is free from the originality and genius of a classical poet and is full of difficult areas, scientific problems, lack of belief in religion and aestheticism.
When a reader approaches a well known poet, specially one whose first significant poems were completed almost half a century ago, he can expect a fairly unified canon of critical commentary to guide his reading and to direct his attention to important poems or to unravel difficult areas in poetry.
John Dryden’s The Essay of Dramatic Poesy (1668) provides an excellent platform for the discussion of the ancient and the modern.
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Crites who represents Dryden in the essay defends the Ancients . He says- ..
Eugenius, who represented Lord Buchurst rejects the ancients and votes for the moderns. The observations of the ancients have helped the moderns to be better in their writing of poetry, he believes. But there were certain limitations in the poetry of ancients and then moderns have successfully not only overcome them but also improvised and improved upon them.
Now it is important to take the views of Dr. Samuel Johnson (1709-1784) who has both the classical and romantic features in him. Dr. Samuel Johnson’s -insistence on reason , his views regarding poetry standing for the test of time, placing the poet for his historical consideration and judgment of the poets work as a whole and not by parts- place him as a classical poet. But the desire to create something new and beautiful make him a non-classical one. Johnson says –..
The rules of the classical age which proves useful or ought to be followed, according to Dryden, so if a modern poet follows them, he is still modern because of the dress that he puts on to the ancient and the classical rules. But again speaking if a poet has both the tendencies of the modern and the classical one, he tends to look much better poet than a pure modern or ancient or a transitional. Poets who exhibit both classical and romantic tendencies from the new classical age of Pope to the Wordsworthian age of romanticism quite beautifully advertise this instance of transitional poetry.
The poetry of Robert Frost may exhibit science of modernism but there are some critics who are unable to find his connection with the moderns, his use of realism in his poetry and the use of hard bound images in his verse. So by for they seem to argue and ponder over the more general question as to his being a modern 20th Century poet.
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The political extravaganza of the American culture reflects the beliefs and opinions of the people’s judgments and reactions of the poets like Ezra Pound, Yeats and Robert Frost etc. So this can be termed as the major root cause of the undecidability hovering over Robert Frost’s modernity. A few of the poets such as Ezra Pound and Yeats had the beliefs that the people of the America were too limited in their outlook as to accept the new poetry either from the emerging poets or from the old and established poets as Robert Frost. So when Robert Frost sheds instances of modernity through his poetry, his hard earned reputation as a successful American poet seems to suffer. During the period of 1930 most critics used guidelines (politically motivated) and (different Ezra Pound) to judge poets and poetry. To quote in the words of Rex Ford Stamper from his essay Robert Frost an Assessment of Criticism, Realism and Modernity-
Critics of Robert Frost’s poetry have not agreed upon certain key critical questions which should have been answered long ago- his point of view, his concept of reality, his affinity with the modernist and the significance of place or the role of imagery in his poetry. Even the basic question, where whether Robert Frost is a major 20th century poet remains undecided. A survey of Robert Frost’s criticism indicates that this indecision results from the overt political reactions that tainted earlier evaluations of both the man and his poetry. After an interval of praise during which Ezra Pound used Robert Frost as a club to drive home his recurrent observation that American were too provincial to appreciate a significant new poet or in Robert Frost’s case a significant older poet, Robert Frost hard won status as a major American poet began to suffer. A reappraisal was initiated in the 1930’s by critics who used political ideas quite different from pounds as a yard stick for measuring and evaluating all literature.
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Critics like Granvilley Hicks and William Rose Benet attacked Robert Frost by saying that his poetry does not exhibit the new Freudian and scientific values that were merging in
America at that time. So for that matter Robert Frost’s poetry play no significant role in fostering the new native American culture. And as explained previously that modern poetry is characterized by complexity, lack of depthness and full of artificiality. So Critics like Blackmur commented that the poetry of Frost goes on with easy pace and does not contain that complexity of the new 20th century poetry. One of the chief characteristics of 20th century modern American poetry is its concept of reality and critics like Lionel trilling debates over the lack of real vision in the poetry of Robert Frost. He comments that Robert Frost’s poetry is full of vague, idealistic and imaginary and weak pictures of the American country side and society throughout which is no way near to modernist feature of the new poetry. However Trilling holds the view that the verse of Robert Frost deals with the major problems of the new emerging modern America. Since one of the basic features of the modernist theory is that modernism mourns over fragmentation and this is what Trilling has to say on the poetry of Robert Frost that the real artist in Robert Frost allows the 20th century audience to counter the dilemmas of fragmentation and therefore form a coherent and unified view of the world-
Trilling giving high praise to Robert Frost’s work says that Robert Frost fulfils the sacred trust of the artist by embodying in his poetry an accurate imaginative presentation of the major concerns of the 20th century America. Trilling argues that since many intelligent readers see the world as fragmented, an observation that fills them with an unarticulated dread, Robert Frost’s poetry appeals to them because of its honest reflection of the artist’s
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struggle to overcome fragmentation and because of its attempt to rise above the horror and terror that result from this view. Trilling in his famous birth day speech said that Robert Frost was a ‘terrifying poet’ because of the vision of the world which informs his poetry is predicated upon an ontological view devoid of certainty or comfort. Trilling’s argument basically holds that Robert Frost is a poet of ideas, who finding nothing ideal certainty in the world presents through his poetry a bleak vision to his readers...... J. Donald Adams reads Robert Frost as a spokesman for a benevolent force that orchestrates both man and nature in harmonious interaction.
Robert Frost’s chief belief lays in a world free from the artificiality of the modern life. However to think that Robert Frost always craved for an idealistic presentation may be only one aspect of his theory of poetry. Robert Frost first motive was to ensure the portrayal of the realities of physical nature by the creation of his own world through his poetry, a world which was quite alien to the real world of the modern 20th century. In the world of Cornelius Weygandt-
What he does with stories that others than himself may know that may even be common property is to isolate them from the chaos of life and recreate for them a little world all their own.
The corporeal world of physical nature that Robert Frost tends to present through his poetry gets shades of several tangible realities and because to know all of them is to some extent impossible, so this physical nature remains a rather vague and unclear phenomenon. And as far as Robert Frost views regarding human nature are concerned, he himself clarifies them in a letter to Hamlin Garland –
We are just one more rough abstraction on some principles we need not go into here from the mass that other abstractions have been made from before and others still will go on to be made from.
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Principles are always harder to talk about than man. We are eight or ten men already and one of them is Howella.
Bibliography
1. Cox,Hyde and Lathem,Edward Connery. Eds. Selected Prose of Robert Frost. The Library of America:America,1956.Print.
2. Gerber, Philip L. Robert Frost. Boston: Twayne,1982.
3. --- ., Ed. Critical Essays on Robert Frost. Boston,Massachusetts: Hall, 1982.
4. Richardson,Mark. Ed. The Collected Prose of Robert Frost .The Belknap Press of Harvard University Press: London,2007.Print.
5. Tharpe,Jac.Ed.Frost:Centennial Essays II.University Press of Mississippi:America,1976.Print.
6. Tuten,Nancy Lewis and Zubizarreta. Eds. The Robert Frost Encyclopedia.Greenwood Press,Westport,Connecticut:London,2001.Print.
7. Unpublished letter from Robert Frost to Lewis Gannett, February 3, 1927 (Special Collections Library, Columbia University).
8. Unpublished letter from Robert Frost to Ashley Thorndike, January 25, 1916 (Special Collections Library, Columbia University).
9. Unpublished letter from Robert Frost to Norman Foerster, October 25, 1931 (Special Collections Library, Stanford University).
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NANDAMURI TARAKA RAMA RAO-BIOGRAPHY
Dr.P.Sreenivasulu Lecturer in Political Science B.T.College, Madanapall Chittoor, A.P.India
Nandamuri Taraka Rama Rao (28 May 1923 – 18 January 1996), popularly known as N. T. Rama Rao or by his initials NTR, was an Indian film actor, director, producer, and politician who also served as the Chief Minister of Andhra Pradesh for three terms.
NTR has received three National Film Awards for co-producing Thodu Dongalu (1954) and Seetharama Kalyanam (1960) under National Art Theater, Madras,[1] and directing Varakatnam (1970),[2] NTR has received the erstwhile Rashtrapati Awards for his performance(s) in the films Raju Peda (1954), and Lava Kusa (1963).[3][4][5] He garnered the Inaugural Filmfare Award for Best Actor – Telugu in 1972 for Badi Panthulu.
NTR made his debut as an actor in a Telugu social film Mana Desam, directed by L. V. Prasad in 1949. He gained popularity in the 1950s when he became well known for his portrayals of Hindu deities, especially Krishna and Rama, roles which have made him a "Messiah of The Masses". He later became known for portraying antagonistic characters and Robin Hood-esque hero characters in films. In total he starred in 274 Telugu films, 15 Tamil films and three Hindi films, and has become one of the most prominent figures in the history of Telugu cinema.
He was starred in films like Patala Bhairavi (1951), premiered at the first India International Film Festival, held in Mumbai on 24 January 1952, Malliswari (1951), premiered at Asia Pacific Film Festival,[14] the enduring classics Mayabazar (1957), and Nartanasala (1963), featured
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at Afro Asian film festival in Jakarta.[15] All the four films were included in CNN-IBN's list of hundred greatest Indian films of all time.
He co-produced, Ummadi Kutumbam nominated by Film Federation of India as one of its entries to the 1968 Moscow Film Festival. Besides Telugu, he has also acted in a few Tamil films. Widely recognised for his portrayal of mythological characters, NTR was one of the leading method actors of Indian cinema, He was referred to in the media as Viswa Vikhyatha Nata Sarvabhouma. He was awarded the Padma Shri by the Government of India in 1968, recognizing his contribution to Indian cinema.
After his career in films, NTR entered politics. He founded the Telugu Desam Party (TDP) in 1982 and served three tumultuous terms as Chief Minister of Andhra Pradesh between 1983 and 1995. He was known as an advocate of Andhra Pradesh's distinct cultural identity, distinguishing it from the erstwhile Madras State with which it was often associated. At the national level, he was instrumental in the formation of the National Front, a coalition of non-Congress parties which governed India from 1989 until 1990.
Early life
N. T. Rama Rao (NTR) was born on 28 May 1923 in Nimmakuru, a small village in Gudivada taluk of Krishna District, which was a part of the erstwhile Madras Presidency of British India. He developed a baritone singing voice as a young man.
Acting career
NTR started his film career with a walk-on role as a policeman in Mana Desam (1949). Following this, he appeared in Palletoori Pilla, directed by B. A. Subba Rao. His first mythological film was in 1957, where he portrayed Krishna in the blockbuster film Maya Bazaar. He essayed the role of Krishna in 17 films, including some landmark films like Sri
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Krishnarjuna Yudham (1962), the Tamil film Karnan (1964) and Daana Veera Soora Karna (1977). He was also Known for his portrayal of Lord Rama, essaying that role in films like Lava Kusha (1963), and Shri Ramanjaneya Yuddham (1974) to name a few. He has also portrayed other characters from the Ramayana, such as Ravana in Bhookailas (1958) and Seetharama Kalyanam (1961) among others. He portrayed Lord Vishnu in films like Sri Venkateswara Mahatyam (1960) among others and Lord Shiva in Dakshayagnam (1962). He has also enacted the roles of Mahabharatha characters, such as Bheeshma, Arjuna, Karna and Duryodhana.
Later in his career, he stopped playing the role of a prince in his commercial films and began to play roles of a poor yet heroic young man fighting against the existing system. These films appealed to the sentiments of the common man. Some of these films are Devudu Chesina Manushulu (1973), Adavi Ramudu (1977), Driver Ramudu (1979),Vetagadu (1979), Sardar Papa Rayudu (1980), Kondaveeti Simham (1981), Justice Chowdhary (1982) and Bobbili Puli (1982). He also portrayed fantasy roles, his notable film in that genre being Yamagola (1977] His film Lava Kusain which he starred as Rama collected 10 million rupees in 1963. He continued to act after entering politics: he directed and acted in the hagiographical film Shrimad Virat Veerabrahmendra Swami Charitra (1984) while he was the Chief Minister of Andhra Pradesh. He also acted in films like Brahmasri Viswamitra (1991) and Major Chandrakanth (1993). His last film was Srinatha Kavi Sarvabhowmudu, a biopic on the Telugu poet Srinatha which released in 1993.
In the later half of his career, NTR became a screenwriter. Despite having no formal training in scriptwriting, he authored several screenplays for his own movies as well as for other producers. He also produced many of his films as well as other actor's films through his film production house National Art Theater Private Limited in T.
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Nagar, Madras (now Chennai). He actively campaigned for the construction of a large number of cinemas through this production house. He was influential in designing and implementing a financial system that funded the production and distribution of movies. He was so dedicated to his profession that he would often learn new things in order to portray a particular character on-screen perfectly and realistically. At the age of 40, he learnt dance from the renowned Kuchipudi dancer Vempati Chinna Satyam for his role in the film Nartanasala (1963).
Political career
NTR entered politics when he founded the Telugu Desam Party (TDP) on 29 March 1982 in Hyderabad. He said that this decision was based on a historic need to rid Andhra Pradesh of the corrupt and inept rule of the Indian National Congress which had governed the state since its formation in 1956 and whose leadership had changed the Chief Minister five times in five years.
In the elections, the TDP allied with the Sanjaya Vichara Manch party and decided to field educated candidates who had a good name in the society and were not indulging in corruption, which was an innovative political concept at the time. NTR himself decided to contest from two assembly constituencies, Gudivada and Tirupati. NTR used many innovative ways of campaigning, such as being the first politician in India to use rath yatras for campaigning. However it was MGR who had started the opentop van campaigning for elections, as it was felt that he can address the roadshows as a alternative to the mammoth meetings, which involves large amount of money as well as manpower. For this, he used a modified Chevrolet van which was given the name of Chaitanya Ratham. In this, NTR travelled across the state of Andhra Pradesh, crisscrossing all the districts. With his son Nandamuri Harikrishna, also a film actor, driving the van, NTR notched up over
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75,000 kilometres during his campaign, a distinctive sight with the van's yellow party flags and banners and NTR sitting on top of the vehicle hailing the crowds. NTR campaigned for restoring the dignity of the Telugu people and advocated the forming a closer bond between the government and the common people, going into the elections with the slogan, Telugu Vari Atma Gauravam (lit. Telugu people's self-respect).
In the elections, the TDP won by an absolute majority, winning 199 out of the 294 seats in the state assembly, with NTR himself winning both the seats he contested. Their alliance with the Sanjaya Vichara Manch fetched 202 seats.[ NTR was sworn in as the 10th and the first non- Congress Chief Minister of the state on 9 January 1983 with ten cabinet ministers and five ministers of State.
On 15 August 1984, NTR was removed from office by the then-governor Ramlal while he was in the USA to undergo open heart surgery.[33] His finance minister, Nadendla Bhaskara Rao, a former Congressman who joined the TDP during its inception, was made the Chief Minister by Ramlal. Bhaskar Rao purportedly had the support of majority of the TDP MLAs which was never the case. NTR returned to India immediately after his surgery, disputed the claims by Bhaskara Rao and demonstrated his strength by bringing all the MLAs supporting him, which was a majority in the 294 member assembly, to the Raj Bhavan (Governor's Office). Ramlal did not relent, as a result of which NTR relaunched his Chaitanya Ratham campaign, this time campaigning for the restoration of democracy by mobilizing the support of people and various anti-Congress political parties in the country including the Janata Party (JP), the Bharatiya Janata Party (BJP), the Left Front, the Dravida Munnetra Kazhagam (DMK), and the National Conference (NC). During the one month crisis, the MLAs supporting NTR were secured in a secret place to avoid horse-trading. Due to mobilization of several political parties and the people and due to bad press, Indira Gandhi, unwillingly removed Governor Ramlal and
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appointed a Congress veteran, Shankar Dayal Sharma, as the governor of Andhra Pradesh to pave the way for restoring NTR. Shankar Dayal Sharma removed Bhaskara Rao from power and restored NTR as the Chief Minister of Andhra Pradesh in September 1984.
Statue of NTR
A month later, Indira Gandhi was assassinated and was succeeded as prime minister by her son, Rajiv Gandhi. In the ensuing national elections to the Lok Sabha, the Congress, riding on the sympathy wave caused by Gandhi's assassination, won convincingly all over the country except in Andhra Pradesh where the TDP secured a landslide victory. TDP achieved the rare distinction of becoming the first regional party to become the main opposition party in the Lok Sabha. Meanwhile in the state, NTR recommended dissolution of the Assembly and called for fresh elections the following year in the state the following year to ensure the people had a fresh choice to elect their representatives. The TDP again won with a massive majority in those elections, with NTR winning from 3 seats; Hindupur, Nalgonda and Gudivada, thus marking the beginning of his second term as Chief Minister. Senior Leaders of the Congress in the state including former Chief Ministers Kasu Brahmananda Reddy and Kotla Vijaya Bhaskara Reddy lost in their constituencies of Narasaraopet and Kurnool respectively to the TDP.
NTR completed his five-year term as Chief Minister. In the December 1989 assembly elections however, he was voted out of power due to a wave of anti-incumbency sweeping the state as a result of which the Congress returned to power. NTR himself lost from Kalwakurthy by a narrow margin to the Congress, but retained the Hindupur assembly seat. During this time, he suffered a mild stroke, as a result of which he was unable to campaign, which, according to some political analysts and TDP supporters, was the reason for the TDP's loss. However
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during this period, he established himself in national politics, forming a coalition of non-Congress parties opposed to the Congress known as the National Front. It included parties, besides the TDP, such as the Janata Dal, the DMK, the Asom Gana Parishad (AGP) and the Indian Congress (Socialist). This alliance governed India between 1989-1990 with support from the Left Front and the BJP. Meanwhile, NTR assumed the position as the Leader of Opposition in the state.
NTR returned to power for a third and final time in the December 1994 state assembly elections with his party in alliance with the Left Front. This alliance won 250 seats in the 294 seat Assembly, with the TDP alone winning 226. The Congress, which once again had multiple Chief Ministers in the state during its five year rule between 1989-1994, won only 26 seats. NTR contested again from Hindupur and won the seat for the third consecutive time, achieving a rare hat-trick of wins from the same assembly constituency. He also won from another assembly constituency, Tekkali.
NTR's third term only lasted nine months. On 23 August 1995, he was removed as Chief Minister and as the president of the TDP by his son- in-law, Nara Chandrababu Naidu, who engineered an internal party coup against him and took over the offices. Naidu claimed that the reason for overthrowing NTR was that the latter was planning to hand over the reins of the party to his second wife Lakshmi Parvathi and felt that the party was in danger of disintegrating under her rule. Most of the TDP MLA's sided with Naidu and camped at the Viceroy Hotel in Hyderabad, the centre of the revolt. NTR's sons Nandamuri Harikrishna, Nandamuri Balakrishna and his other son-in-law Daggubati Venkateswara Rao played a crucial role in the coup but all of them fell out with Naidu soon afterwards. The reason for this is that Naidu is said have promised to make Venkateswara Rao the Deputy Chief Minister and Harikrishna the party's general secretary, but he sidelined all of them soon after becoming the Chief Minister and Party
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President. In an emotional interview after the coup, NTR called the coup a planned treachery and lambasted Naidu for being power-hungry and untrustworthy, likening him to Aurangzeb, the Mughal Emperor who jailed his father and killed his siblings to become the King of the Mughal Empire
Achievements as Chief Minister of Andhra Pradesh
NTR reflected socialist and populist views in several of his policies and provided basic necessities such as home, clothes and food and subsidies on them for people below the poverty line. He was also an advocate of women's rights and worked on a bill to amend inheritance law to provide equal rights for women to inherit ancestral property, enacted in 1986. He introduced many populist schemes such as the Midday Meal Scheme for poor children, rice at 2/kg, subsidised electricity and prohibiting the sale of alcohol in the state among others. He started the EAMCET (Engineering, Agricultural and Medical Common Entrance Test) which allowed students to join a professional college on merit. He was also a champion of social justice and introduced various measures that broke the upper-caste hegemony in various areas. He passed legislations allowing private transport operators to compete with the government-owned APSRTC. He also pioneered the Telugu Ganga project with support from the Government of Tamil Nadu, which provides water from the Krishna river for drinking and irrigation purposes to Rayalaseema and Chennai. He was a fierce advocate of Telugu pride and was instrumental in shifting the Telugu Film Industry from Madras to Hyderabad. The Telugu newspaper Eenadu wholeheartedly supported NTR and the TDP and covered most of NTR's achievements.
Achievements at the National Level
NTR earned a seat for the poor in Andhra Pradesh at the centre via well-thought out political decisions. NTR extended un-qualified support
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(cleared an MP seat and did not field a TDP candidate) to Congress leader and former Chief Minister of Andhra Pradesh P. V. Narasimha Rao resulting in the latter winning from the state and entering Parliament for the first time in his long career with a record majority. While the Congress wanted Narasimha Rao to be a powerless un- elected (Rajya Sabha member) yes-man of the Nehru-Gandhi family, NTR actively made sure Narasimha Rao had independent power. This earned Telugu people some influence even when the Congress was in power at the centre. His National Front government at the centre led by V. P. Singh was at the forefront of social justice by implementing the provisions in the Mandal Commission for providing 27% reservation for Other Backward Classes (OBC's).
Campaigning in other states
NTR also campaigned in other states, besides Andhra Pradesh. In 1984, when the then Chief Minister of Tamil Nadu and fellow actor M. G. Ramachandran (MGR) was unable to campaign in the state elections due to his being hospitalised in the USA. NTR, who was a close friend of MGR, campaigned for his party, the 'All India Anna Dravida Munnetra Kazhagam (AIADMK), despite the fact that that party was an ally of the Congress at the time. As leader of the National Front, he campaigned extensively for the constituent parties when they faced elections, again using his Chaitanya Ratham campaigning concept.
Personal life
In May 1942, at the age of 20, while still pursuing his Intermediate, NTR married Basava Tarakam, the daughter of his maternal uncle. The couple had eight sons and four daughters.
His eldest son, Nandamuri Ramakrishna Sr., died in 1962, soon after NTR completed shooting of the film Dakshayagnam NTR founded the film studio Ramakrishna Studios in Nacharam in his memory. His fourth son, Nandamuri Harikrishna, is a child actor-turned-politician
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elected to the Rajya Sabha, representing the TDP. Harikrishna's sons Nandamuri Kalyan Ram and Jr. NTR are also actors in the Telugu film industry (Tollywood),[45] with the latter being one of the top actors in the industry today. Nandamuri Balakrishna is one of the leading actors in Tollywood from the mid-1980s. He also started his career as a child artist. Balakrishna has contested 2014 assembly elections as a TDP candidate.[46] He won the Hindupur Assembly Constituency. Nandamuri Ramakrishna Jr. is a film producer. Nandamuri Saikrishna, who was a theatre owner, died in 2004 following diabetic complications. The other sons Jayakrishna and Mohanakrishna are noted cinematographers. Mohanakrishna's son Taraka Ratna is also a Tollywood actor.
NTR's second daughter, Daggubati Purandeswari has represented the Indian National Congress in the Lok Sabha and was a Union Minister. She shifted her allegiance to the Bharatiya Janata Party.
Basava Tarakam died of cancer in 1985. In her memory, NTR established the Basavatarakam Indo-American Cancer Hospital in Hyderabad in 1986. In 1993, at the age of 70, NTR married again, this time to Lakshmi Parvathi, a Telugu writer She was the author of his 2- volume biography, which was published after his death. However she was never accepted as a family member by NTR's family members, who kept a distance from her after NTR's death.
Awards and honors Civilian honor
1968 Padma Shri award from the Government of India
National Film Awards
1954 - Certificate of Merit for Best Feature Film in Telugu (producer — National Art Theater) for Thodu Dongalu
1960 - Certificate of Merit for Best Feature Film in Telugu (producer — National Art Theater) for Seetharama Kalyanam
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1970 - National Film Award for Best Feature Film in Telugu (director) for Varakatnam Rashtrapati Awards
1954 - Best Acting for Raju Peda 1963 - Best Acting for Lava Kusa Filmfare Awards South
1972 — Best Telugu Actor for Badi Panthulu Other Honors
1978 — Honorary Doctorate from Andhra University Awards instituted in the honor of NTR
The NTR National Award is a national award in honour of NTR. It was instituted in 1996 by the Government of Andhra Pradesh to recognise notable film personalities for their lifetime achievements and contributions to the Indian film industry.
The NTR National Literary Award was instituted by the NTR Vignan Trust, as an annual award to recognise people for their lifetime achievements and contributions to Indian literature.
Universities placed in the honor of NTR
Dr. N.T.R. University of Health Sciences was established as University of Health Sciences by the government of Andhra Pradesh and was inaugurated on 9 April by N. T. Rama Rao, the then Chief Minister of Andhra Pradesh in the city of Vijayawada, Andhra Pradesh, India. It started functioning on 1 November 1986. After the death of Rama Rao, it was decided to rename the University after him, and this was carried out on 2 February 1998. The university celebrated its silver jubilee from 1–3 November 2011.
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Death
NTR died of a heart attack on 18 January 1996 at his residence in Hyderabad, aged 72. He was cremated and his ashes were immersed at Srirangapatna by his second wife eight years later, in 2004, after Chandrababu Naidu was ousted from power in the assembly elections in Andhra Pradesh of that year.
References
1. Eenadu Daily, Eenadu cinema – 17 July 2013, National art theater, Page 10
2. N.T. Rama Rao (1923 - 1995): A messiah of the masses". The Hindu. Retrieved 2002-12-09.
3. Eenadu Daily, Eenadu Sunday - April 28, 2013, 100 years of Indian Cinema, Early Tollywood, Page 9
4. "Directorate of Film Festival". Iffi.nic.in. Retrieved 2012-08-25.
5. 100 Years of Indian Cinema: The 100 land mark Indian films of all time|Movies News Photos-IBNLive
6. Democratic Process and Electoral Politics in Andhra Pradesh, India (1997)
7. http://www.newsofap.com/art-339-nt-rama-rao-biography- profile.html
8. "In-depth analysis of issues and events in India and around the world". Frontlineonnet.com. Retrieved 2013-08-04.
9. "History of Telugu Cinema". Indian cinemas. Retrieved 31 May 2010.
10. "Telugu cinema megastar – Nandamuri Taraka Rama Rao's Bio- data". Idlebrain.com. Retrieved 2013-08-04.
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REVISITING COSMOPOLITAN IDEAS OF RABINDRANATH TAGORE
Dr Suman Ghosh Mallika Ghosh Assistant Professor and HOD Assistant Professor and HOD Bengali Department Sanskrit Department Serampore College, Serampore Chandrapur College West Bengal
To Rabindranath Tagore,the very idea of nationalism is the starting point of war and bloodshed, death, destruction rather than international harmony that induces a greater, more liberal vision of the world. Nationalism as a threat to human civilization remains at the pivot of the imagination of Tagore in most of his writing.This paper concentrates on the views of Tagore regardind nationalism and internationalism in the novels ‘Gora’ and ‘The Home and the World’.
The aesthetic structure of the novel ‘Gora’ is very complex. The theme of the text covers a wide range of philosophy, politics, sociology and religion and can be studied and interpreted at different levels.The flow of events in the novel is not just simple and unidirectional. It has a polemic dialectic nature. The becoming of the central characters in the novel is directed by several debates and polemic dialogues. Even though all the peripheral characters in the novel has a dialogic nature to some extent.
The discourse can be analyzed from several focal points, each moving in a multidirectional debate with each other. The novel also encompasses multilayered romantic and social relationship between men and women making the text a perfect heteroglossic meta-narrative.
A close scrutiny of the text reveals the fact that the problem of the discourse has been tactically disseminated by the paradoxical identity of the central character Gora. From the very beginning to the penultimate position of the discourse this pivotal character irrevocably
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advocates the rigid practices of Hinduism although the reader is carefully informed in the very sixth chapter of the novel that ‘Gora’ actually belongs to a non-Hindu Christian Irish origin. The fact is kept secret only between Anandamoyee, Krishnadayal and the reader. Otherwise almost everyone in the plot does not have the least doubt that Gora had a different origin. This discordance regarding the identity crisis of Gora, although he himself is totally ignorant of it, problematises the text.
His assertion of identity as a Brahmin stands questionable at the end of the novel, when he comes to know the truth about his descent.
The reader skips the key fact till the middle of the novel that Gora is neither Hindu, non a non-Hindu, neither an Indian, nor non-Indian. The reader is carefully disturbed by this ‘neither-nor structure’ of the identity of Gora comprising of so many binary opposites. The reader is more disturbed by the uncompromising ideal of Hinduism followed by Gora completely being ignorant of his actual Christian origin, where the temporal background of the novel is post-1857 sensitive atmosphere of Indian society, religion, philosophy and politics.
The irony of the becoming of Gora as a Hindu Brahmin with a propagandist attitude of uncompromising traditional Hinduism, gradually leads the plot to an extremity of sarcasm. The more he becomes obscurantist and conservative Hindu, following every single rituals of Hinduism, the undesirability of his identity destabilizes the text to the utter aesthetic discomfort of dramatic irony. To understand the true ideal of a real Indian, Rabindranath almost like a post- structuralist deconstructionist shows that the concept of Indianhood does not have a fixed centre.
Tagore actually deconstructs the idea of Hindutva and Indianhood as well with the dialectic discourse of the binary opposites of Hindu-non Hindu. As a result, we finally find that decades before the birth of
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Derrida, Tagore deconstructed all the accepted denominations of Hinduism, challenged the contradictory irony of Hinduism and Indian nationalism.
The Hindutva of Gora is not just the average concept of Hinduism. Actually Gora identifies his Hindu orthodoxy with patriotic struggle against the colonial rule. From his early youth Gora endeavoured to be an ideal Hindu by observing all its complex rituals and defending its theology, thus he becomes a champion of orthodox Hinduism in the warps, ever undreamt of by liberal Anandamoyee.
Gora fights the Christian missionary in favour of orthodox Hinduism. Actually it was India, the nation that motivates him to defend the oldest religions with all its faults against the oppressing of the colonial rule.
The romantic element of the discourse—Gora’s attachment with Brahman Suchorita, offers a further twist in the plot. When Gora putting his own faith above friendship and even love, refuses to take part in the marriage of his bosom friend Binoy, just becomes his bride Lalita is Brahma, Gora actually denies his love for Suchorita—because he cannot practice what he condemns himself—i.e., inter-religious marriage. At this juncture of the plot when Krishnadayal, Gora’s orthodox father, under some unavoidable circumstances in terms of his orthodox Hindu theological beliefs, discloses to Gora his real parentage, in a single moment the identity of Gora, breaks apart. He had earlier debarred Lachhmiya, the faithful Christian maid of their family, now he stands himself debarred from Hindu observances.
Just a single information regarding his tune parentage rob him of all he is, his religion, his parentage, his country and his nationality, his God. He finds his past annihilated, his future obliterated—all he now possesses is an existential vacuum, a terrible loneliness.
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Now Gora comes to realization nothing can rob him of his mother’s love, Binoy’s friendship and Sucharita’s passion for him—he now has grasped a greater truth that he can belong to something greater than a particular religion, community and the country itself.
From the dialectic discourse of the binary opposites—Hindu/non- Hindu, Indian/non-Indian nationalism/internationalism, we come to realize that Gora cannot be attached to a fixed and stable signifier, the disclosure of the true identity leads the text to the spirit of internationalism, in the truest sense of the term, Anandamoyee here is the symbol of ultimate universalism, Gora, equates her with the motherland—
‘…the mother, whom I have been wandering about in search of, was all the time-setting in my room at home. You have us caste, you make no distinction
and have no hatred— you are the only image of our welfare. It is you who are India.’
Thus in ‘Gora’, Tagore’s search for a national identity by deconstructing the conventional idea of nationalism, patriotism and Hinduism as well finds an ideal as Anandamoyee, who by eradicating any bias relating to caste, class, religion and gender becomes a true symbol of an ideal India.
‘The Home and the World’ can be analysed in several ways,and through diverse explanations. Indian nationalist projects in the late nineteenth and the in the early hours of twentieth century revolved round the question of ‘Home’versus ‘World’, tradition versus modernity. Before 1885, Indian thinkers considered that the imitation of British ideas regarding society and culture could direct the way to a healthier and more prosperous India.
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After 1885, resistance grew against colonial involvements in the cultural dynamics of India, and more than that, the ‘Home’ signifying Indian culture – was considered to be independent from the ‘the West’ and should maintain a detachment from Western control. In the sphere of modernity, the World, India has no alternative but to select its form from the ‘models’ offered by European cuture. ‘The Home and the World’ could be interpreted as a demonstration of the nationalist projects that were formulated around the ‘Home’ and the ‘World’ in late nineteenth century in India.
‘The Home and the World’ is pivotal in Tagore's refusal of mass action as a force destructive to freedom and individuality. As well, the novel evidently anticipates his eventual refusal of nationalism as an alarming expression of this mass-action. Finally, the novel is significant in laying the foundation for Tagore's appeal for a new cosmopolitan idea, which permits for the mutual interaction of all people.
The significance of ‘The Home and the World’ is obvious: to refute individuality is to reject diversity, and to overlook the fundamental nature of the world. Political boundaries suppose to limit and define a world that is essentially limitless and beyond definition. Political boundaries confirm exclusivity and they disturb sharing and oneness in the face of difference.
While ‘The Home and the World’ dwells on the dangers of mass action, it also constitutes an early expression of Tagore's "poet's religion" or "religion of man."
For Tagore, boundaries, political or otherwise, are symptomatic of the human desire to limit the world to what the self, rooted in ego- centeredness, can comprehend.Humankind struggles to freeze the truth, imagining that by affirming an objective universe one can affirm one's selfhood over and against it. Thus Sandip might claim he is fighting for a cause, but it is also evident that his own ego is what
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drives him forward. What is necessary is that one must surrender oneself to the "Universal Self," which is the larger reality connecting and harmonizing all particulars.
Tagore celebrates the world for the reason that one must turn to the world to understand the boundless manifestations of the divine; only in experiencing the completeness of the world does one experience the divinity that engenders a sense of human. It is this principle that forms the primary motivation behind all actions of Nikhil.
Rabindranath is firmly rooted in the Indian philosophical tradition. He observes the human aspiration to define the world as a dogmatic assertion of ignorance. Virtually everything we do is an expression of this dogmatism, a manifestation of the ego-centeredness that drives it. So it is that in The Home and the World, Tagore issues an appeal to return to wisdom. He identifies that the arrogance that arrives with nationhood can only show the way to overconfidence and to the domination of others. His idea was correct not only for his time, but it is still true in this twenty-first century.
Bibliography
1. Kripalani, Krishna. Rabindranath Tagore: A Biography. London: Oxford UP, 1962.
2. Nussbaum, Martha."Patriotism and Cosmopolitanism". For Love of Country: Debating the Limits 0/Patriotism. Ed. Joshua Cohen. Boston: Beacon Press, 1996.2-17. 3. O'Connell, IT. and K. M. O'Connell. "Rabindranath Tagore as 'Cultural Icon'", University 0 Toronto Quarterly 77.4 (2008): 961-70.
4. Texts : Gora , The Home and The World
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MARKETING PROBLEMS OF COCONUT CULTIVATORS WITH SPECIAL REFERENCE TO COIMBATORE DISTRICT
C.Kothai Andal Assistant Professor Department of Commerce (CA) Sree Saraswathi Thyagaraja College, Pollachi
INTRODUCTION
Agriculture is the backbone of our nation. Most of the people depends on the agriculture for their income. The human habitation is not at all possible without the food beverages. Coconut is one of the food as well as non-food item. The food items include matured nut, oil, tender coconut. neera drink, etc., The matured nuts and coconut oil used in food preparation. Without this, Cooking would not be fulfilled in cury making, avial preparation, chutney, bakery items, etc., The Non-food items include coir, coconut shell products, thatches, brooms, wood for fire, activated carbon etc., The coconut and its by-products have medicinal value. One among them is coconut oil. It has lot of health benefits like skin care, skin related diseases, solves cardio vascular problems and one study revealed that it cures HIV and AIDS too. The coconut and its value added products play an important role in human life. In short, coconut is naturally abundant of materials and not a single part of it is useless.
Coconut plays a significant role in social and economic life of people in India, especially in the states of Kerala, Karnataka, Tamil Nadu and Andhra Pradesh. The major portion of coconut cultivation is from the four south Indian states, namely Kerala, Tamil Nadu, Andhra Pradesh and Karnataka, which comes up to 90 per cent of total coconut production. Tamil Nadu is one of the leading coconut producing states in India. . Almost all the districts producing coconut in Tamil Nadu
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among those top three districts are Coimbatore, Thanjavur and Dindigul. Tamil Nadu cultivates coconut around 5365 million nuts from 389900 hectares. Tamil Nadu shows highest coconut productivity among other coconut producing states of India. The Coimbatore district have suitable climate to produce the coconut and its related products. The coconut is used in multiple ways for multiple purposes. Hence this study focuses the method of farming and the problems faced by the farmers in this area.
Review of Literature
N. Namasivayam and V. Richard Paul’s study highlights price spread in the marketing of coconut in the Theni District of Tamil Nadu. As per their analysis the marketing cost incurred by producers per thousand nuts was maximum (Rs. 630.18) in Channel II consisting of Producer Commission Agents-whole salers -Retailers – consumers, followed by Rs. 610.00 in Channal III ie. Producer – Wholesaler – Retailers – Consumers. No marketing cost was incurred by producers in channel I consisting of Producers– Pre-harvest Contractors- Commission Agents- wholesalers- Retailers – Consumers, because the marketing cost was met by the Pre-harvest Contractors. Commission Agents incurred no marketing cost because of their non-performance in the field of cutting, loading, counting, grading and transportation
S. Rajkumar and R. Thamil Selvan in their study entitled “Importance of Coconut Cultivation” ,pointed out, fifty percent of the total coconut production is converted into copra. Coconut crop is raised in India under varying soil and climatic conditions in 17 states and 3 Union Territories. As the coconut tree is versatile in its adaptability to wide range of soil conditions, coconut cultivation has begun to spread from the west coast of India to interior regions of Tamil Nadu especially to Erode District and Thanjavur District.
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P.C. Maheswari, et-al, in their study on ‘Marketing Strategies for Coconut’ stated that, inspite of the fact India accounts for 25.57 percent of the world production of coconut, the present system of marketing of coconut and its products is by and large unscientific and unorganized and is almost lacking in vertical integration. Coconut is a notified commodity. Still the absence of an efficient marketing system provides sufficient opportunities for middlemen to exploit the market. In almost all primary markets they normally dictate the prices. Further there are several malpractices in the coconut market. Apart from this, during the past two decades there had been abnormal price fluctuation and malpractices in the coconut market.
Statement of the Problem
Coconut is an important source of food and gives edible oil. Coconut plantations and its value added product industries provide income to the farmers and employment to rural population. All coconut cultivators are working without rest but the reward is not convincing and not sufficient. In coconut cultivation they do not get a fair rate of return because of fluctuation in prices of coconut, high maintenance cost, high labour cost, etc., Another important problem is that the farmers cultivating coconut as the mono-crop. So anything happened to the coconut tree , it will spoil the farmers totally. The reasons are many and it is imperative to find out the causes for their backward position. This study is considered important to know the problems faced by the farmers in this selected area.
Motive of the study
Coconut is not only satisfies the socio cultural needs of the society but also has considerable importance in the national economy. It generates plenty of employment opportunities and base for generating income among the all plantation crops. Hence it is
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considered that the coconut is life giving tree. But planting of this tree, fighting against monsoon, pests and diseases, maintenance cost is major problems faced by the farmers. Moreover, coconut farmers in many parts of the world including Asia find it difficult to sustain their families, livelihoods from this coconut income alone. They also face the problem of limited land holding, declining productivity and volatile coconut prices, high maintenance cost, uncertainty, unawareness of marketing conditions results in poverty and insecure life also. Therefore this study is focusing the marketing problems of coconut cultivators and finds solutions to those problems.
Objectives of the Study
1. To identify the problems of coconut cultivation and marketing
2. To evolve remedial measures to those problems
Research Methodology
Sources of data:
This study is based on both primary and secondary data. The data will be collected in a fresh manner is termed as primary data. The well structured questionnaire was prepared and collected data from sample respondents in Coimbatore District. Secondary data were collected from books, journals, magazines, and websites.
Sampling design:
Since the objectives of the study are to find out marketing problems faced by coconut cultivators, the convenient sampling technique was used for data collection. The sampling size is 200 respondents in Coimbatore district.
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Table 1
Problems faced by the coconut cultivators
Problems 1 2 3 4 5 6 7 8 9 10 11 Total Ran k No storage facility 14 29 49 12 3 31 37 25 0 0 0 200 V Inadequate price 36 48 28 12 12 42 15 2 5 0 0 200 IV More Fluctuation in price 49 42 23 19 32 12 8 5 3 6 1 200 I Shortage of water due rain fall 48 20 20 33 33 19 11 10 6 0 0 200 II High labour cost 40 24 22 32 18 12 15 11 10 4 2 200 III Shortage of skilled labour 15 18 17 25 23 35 16 13 12 10 16 200 VI No subsidy from govt 4 11 21 29 32 23 27 18 8 14 13 200 VII Lack of knowledge about 4 2 2 7 8 10 16 28 72 23 28 200 X diseases and pesticides Lack awareness on modern 1 3 10 10 21 8 42 49 24 25 7 200 VIII technologies Transportation cost 1 3 0 11 8 5 2 24 27 39 80 200 XI Delay in collecting amount 1 2 8 15 11 8 14 18 29 17 27 200 IX from merchants
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The above table exhibits the marketing problems of coconut cultivators. There are eleven factors consider for analysis. The farmers facing lot of problems relating to marketing and cultivation of coconut. The rank correlation is calculated based on their preference towards various problems.
More fluctuation in the price of the coconut holds first rank and shortage of water due to rain fall is given as second rank, No subsidy from the government comes under the third rank, shortage of Skilled labour comes under the fourth rank, more labour cost falls under the fifth rank, no storage facility comes under the sixth rank, inadequate price for the coconut is falls under the seventh rank, lack of knowledge about diseases and pesticides comes under the eighth rank, inadequate storage facilities falls under the ninth rank, delay in collecting the amount from the merchants comes under the tenth rank, Transportation cost falls under the eleventh rank.
Findings
1. Majority 80 (40%) of the coconut cultivators age group is 31 to 40 years.
2. Majority 162(81%) of the respondents are married.
3. Majority 128(64%) of the respondents educational qualification is upto 12th Std.
4. Majority 178(89%) of the respondents reside at rural area.
5. Majority 80(40%) of the respondents annual income is Rs.1,00,001 to Rs.2,00,000.
Suggestions:
1. Majority of the farmers think that the fluctuating price is the major problem faced by them. It can be minimized if the
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government makes direct procurement of coconut from the farmers or otherwise they can fix minimum support price.
2. Government may provide more subsidies to the coconut cultivators and the related value added product manufacturers.
3. Farmers are suggested to follow integrated farming and intercropping methods to raise their income level.
4. Cultivators must take initiative to attend the various types of training program given by Coconut development Board.
5. Farmers not prefer to manufacture value added products due to lack of interest. If they concentrate it, they will be benefited.
CONCLUSION
Coconut play a vital role in offering more employment opportunities to the rural people and it is a profitable venture for all categories of farmers in spite of their high initial investment and the fluctuating nature of nut price. The present study has brought out the problems faced by the farmers in marketing the coconut. The suggestions made in the study are of immense use for the policy makers to make appropriate decision for mitigating the problems faced by the coconut growers.
Reference
1. Namasivayam N. & Richard Paul V. “Price Spread in Marketing of Coconut in Tamil Nadu” Indian Journal of Marketing, Vol. XXXVI, No.7, July, 2006, pp.3-5.
2. Raj Kumar S. and Thamilselvan, R. “Importance of Coconut Cultivation”, Kisan World, Vol. 32, No. 5,May 2005, p. 58.
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3. Maheshwari P.C., Rathika R., Edwin Ganadhas M. “Marketing Strategies for Coconut”, Indian Journal of Marketing, Vol. XXXIII, No.3, March 2003, pp.10-12
4. NirajKumar.A and Sanjeev Kapoor.B., “Value Chain Analysis of Coconut in Orissa” Agricultural Economics Research Review, Vol. 23 (Conference Number) 2010 pp 411-418
5. G.Nagaraja, Kisanworld, Health Benefits of Coconut Water, SVUPG Centre, Kavali, Ap. November: 2010-Vol-37 No.11 P.No.43
6. Sheeba Rebecca Isaac and R.Pushpakumari, “Tuber crops for coconut Gardens” Indian coconut Journal,Vol.XXX, No.12, April 2000, P.3.
7. Mr.Remany Gopalakrishnan Employment Opportunities in Coconut Sector” Indian Coconut Journal Vol.XXX, No.5.September 1999.P.52.
8. E. C. Mwachiro, R.W.Gakure (2011), “Factors Affecting the Coconut Industry from Benefitting the Indigenous Communities of Kilifi District, Kenya” International Journal of Humanities and Social Science Vol. 1 No. 4; April 2011.P.214
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Delessa Bulcha Neger Assistant Professor Department of Economics Wollega University Nekemte, Ethiopia 1. Introduction
Measuring the effects of private investment on economic growth occupies a substantial body of economic literature. Many theoretical and empirical studies have tried to explain several ways through which Private investment may affect economic growth. But, due to smallness of private investment in developing countries especially Sub-Saharan Africa, not many studies have been undertaken on the subject matter. Moreover, most of the existing studies were based on where large share of private investment is concentrated. As it is common to other African countries Ethiopia lacks the detailed empirical studies that show how private investment functions in the economy of the country which this study tries to fill.
In the 1980s due to the loss of confidence in the private sector to invest after the nationalization of major manufacturing establishments in 1975 and the extended role of the government interventions in economic decision-making, growth of value added in the sector declined to 2.7 per cent. Private entry into specific investment lines were barred by law, credit rationing practice was given priority to government projects, licensing and permit procedures were very cumbersome and frequent changes in investment laws and administrative red-tapes were among those factors that discourages the prospective private investors.(Teshome,1993)
It is important for economies to have better business environment to enhance private contribution to economic growth which fuels the
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Clearly, if Ethiopia is to sustain high and inclusive growth, continued efforts to improve the business climate are required (EIA, 2012).
2. Literature Review Investment is defined as asset or item that is purchased with the hope that it will generate income or appreciate in the future. In an economic sense, investment is the purchase of goods that are not consumed today but are used in the future to create with. In finance an investment is a monetary asset purchased with the idea that the asset will provide income in the future or appreciate and be sold at a higher price.
As to the endogenous growth model, the long-run growth rate depends on the stable environment of business, specifically, government policies and actions on taxation, law and order, provision of infrastructure services, protection of intellectual of property rights, regulation of an international trade, financial markets, and other aspect of the economy. Therefore, long-run growth rate has also guided by the government (Barro, 1997). In the endogenous growth model, investment is treated as a significant factor. Neoclassic growth theory assumes that the investment has a limited role in boosting economic growth and a continuous increase in the factor of production is unlikely to yield growth. Under endogenous growth theory and despite the law of diminishing returns, a marginal factor of productivity can be increased. For instance, technical progress that is funded by capital investment increases productivity. Similarly, new skills through the improvement of education and training, and better health tend to increase the productivity of labor. Also, the endogenous growth approach argues that there is a role for government institutions that can overcome any market failures associated with the various types of investment. Hence, the investment is crucial in order to promote economic growth. Further, endogenous growth theory also indicates that the improvement of technology accessed by the investment drives economic
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growth. Thus, long-run growth may have been contributed by the investment.
Gillis, et al., (1992.), stipulated that even a little robust growth rate can be sustainable over a long period of time only when a country is capable of maintaining capital formation at a sizeable proportion of GDP. It has been observed that any proportion less that 27 per cent cannot sustain economic growth. It is estimated that the ratio of gross capital formation to GDP in the Sub-Saharan African countries which has experienced poor growth in the 1990s was less than 17 per cent compared to 28 per cent in advanced countries. The study also showed that the proportion of capital formation to GDP that can sustain a robust economic growth must not be less than 27 per cent and in some cases, it must go as high as 37 per cent. (Hernandez, 2000).
3. Methodology of the Study 3.1 Description of Variables
Mainly this study focuses on the analysis of the effect of tax revenue components on economic growth in Ethiopia. Real GDP Per Capita (LY) was taken as a proxy for economic growth. As a result the variables of interest are Real GDP Per Capita and tax revenue components (direct tax, domestic indirect tax and foreign trade tax).
3.1.1 Real GDP Per Capita (Y): It is very clear that the development of a nation actually encompasses much more than average income per person and the growth rate of that income. Development incorporates much more aspirations of what might be called the ‘Good Life’ in all its economic, social and political dimensions that each society sets for itself. Though it is difficult to measure and compare such a wide range of issues to simply consider, some of the following issues are crucial as even advised by most development economists from early days .If all peoples participate in the growth process, the fruits of economic growth will be shared more evenly. In recent years,
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especially after 1970 many developing economies had experienced relatively high rates of economic growth by historical standards .But I we see how the benefit of the development is shared among citizens, this development had brought little in the way of significant benefits to the poor For those huge number of people in Africa, Asia, Latin America, levels of living seem to stagnate and in some counties even to decline in real terms. Despite these facts, Real GDP Per Capita was selected in this study since analyzing real GDP Per Capita is not simply talking about economic growth but also income distribution (equity)issue ,though it is not absolute in showing the inequality. Real GDP Per Capita was calculated used different data collected from MoFED and the above listed sources and finally to change the nominal GDP to the real GDP, deflator was used. Due to the above reasons the real GDP Per Capita of Ethiopia from 1971 to 2013 was selected for analysis as a proxy for economic growth
3.1.2 Real GDP Per Capita (Y): It is very clear that the development of a nation actually encompasses much more than average income per person and the growth rate of that income. Development incorporates much more aspirations of what might be called the ‘Good Life’ in all its economic, social and political dimensions that each society sets for itself. Though it is difficult to measure and compare such a wide range of issues to simply consider, some of the following issues are crucial as even advised by most development economists from early days .If all peoples participate in the growth process, the fruits of economic growth will be shared more evenly. In recent years, especially after 1970 many developing economies had experienced relatively high rates of economic growth by historical standards .But if we see how the benefit of the development is shared among citizens, this development had brought little in the way of significant benefits to the poor For those huge number of people in Africa, Asia, Latin America, levels of living seem to stagnate and in some counties even to decline in real terms. Despite
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these facts, Real GDP Per Capita was selected in this study since analyzing real GDP Per Capita is not simply talking about economic growth but also income distribution (equity)issue ,though it is not absolute in showing the inequality. Real GDP Per Capita was calculated used different data collected from MoFED and the above listed sources and finally to change the nominal GDP to the real GDP, deflator was used. Due to the above reasons the real GDP Per Capita of Ethiopia from 1971 to 2013 was selected for analysis as a proxy for economic growth
3.1.3 Direct Taxes (D): According to proclamation No 286/94 Federal Democratic Republic Ethiopia (FDRE), any person permanent resident of Ethiopia, has to pay tax from the income that he gets within Ethiopia or abroad. If the person is not resident of Ethiopia but gets income which has its source in Ethiopia also should pay tax. This is direct tax, which a person pays from any income he gets. Article five of the proclamation, defines it well. This tax type includes income and profit tax, rural and urban land use tax. Domestic direct taxes may have negative or positive effect on economic growth of Ethiopia. This may be due to the relationship between payments of direct taxes, both in terms of rate of tax and size of revenue, household savings and investment in the economy.
3.1.4 Domestic Indirect Taxes (DI): These taxes are imposed by a government on goods and services, in contrast to direct taxes, such as income and corporation tax, which are levied on incomes of households and firms. Domestic Indirect taxes in Ethiopia include Sales Tax, Value Added Tax, Turn over Tax and Stamp Duties.
3.1.5 Foreign Trade Taxes (F): These are taxes on international trade including import duties, export duties, profits of export or import monopolies, exchange profits, and exchange taxes etc. Yet the results of
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previous studies show the existence of inconclusive impact of Foreign Trade Tax on economic growth.
3.1.5 Employed Labor (E) is part labor force used in the growth model building based on the neoclassical assumption of full employment and the self-adjusting macro-economy as has been done by researchers like Barro (1990); King and Rebelo (1991), Elias (1998), and Kneller et al (1999). The assumptions of full employment is unrealistic in the Ethiopian economy context .Therefore, in this study labor force stands for employed labor force; it does not include the unemployed labor. By doing this, we have controlled to some extent of the impact of the unemployed (with in labor force) that would have challenged our system if total labor force were used in the regression equation.
3.1.6 Private Investment (I): Generally, this study will employ Vector Autoregressive (VAR) model. One of the main advantages of VAR model over single equation model is that its ability to deal with several endogenous variables and co-integrating vectors, the ability to test for weak exogeneity and parameter restrictions. The VAR approach is data based and little economic theory is imposed directly (M’Amanja, Lloyd and Morrissey, 2005). VAR assumes that all the variables are endogenous. The model specification in this study is also like the model used by Craigwell and Downess (2001) in their study entitled: ‘The Finance-Growth Nexus: A Multivariate VAR Analysis of Small Open Economy’. In the same way this study uses the model that consists of only four equations out of the whole VAR model because the interest of the study is to test both the direct and indirect causal inference between tax revenue components and economic growth in Ethiopia.
Based on the above discussions, this study does not seek much to test the causality relationship with the other variables. The other point to note is that the other variables have been included in the model as
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