International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected]

Social Work Education in : An observational Study with Students’ Response Dr. TBBSV. Ramanaiah Former Emeritus Fellow (UGC) and Retired Professor, Department of Social Work, , Manasagangotri, Mysuru – 570 006

Dr. S. Venkatesha Murthy Guest Faculty (Full Time), Department of Social Work, Bengaluru City University, Bengaluru – 560 001

Abstract Social Work Education at master’s level is being offered in state universities and colleges affiliated to these universities in Karnataka. The number of schools of Social Work in Karnataka has increased manifold in recent times. The present study has been undertaken primarily to observe the academic conditions of schools of Social Work offering MSW course, and the response of students to academic issues pertaining to the course and their involvement in academics as students. As many as 49 Schools of Social Work spread over Karnataka have been covered under the study. Personal visits were made to all schools of Social Work. In addition to obtaining details from faculty members and school authorities, a questionnaire was administered on 1033 final (second) year MSW students. The results of the responses of students indicate that: for many students MSW is a job-oriented course. HRM is the most preferred area of specialization/field of study. Both English and are the preferred media of instruction. A majority write their examinations, including field work reports, in Kannada. By and large, students have positive perception to Social Work academic programme. But the infrastructural facilities in the conduct of MSW course are far from satisfactory. This situation is more frequently found in schools of Social Work affiliated to state universities. The importance of offering high quality education in schools of Social Work is emphasized in this paper. Keywords: Social Work Education, Students, Field Work Practicum, Research Project

INTRODUCTION knowledge pertaining to the methods and techniques of working with people and Social Work is an academic also the knowledge of the field in which subject comprising classroom teaching social work practice is carried out, field and field work practice. Learning in the work practice enhances knowledge base classroom, and learning by doing in the by getting students exposed to actual field are the twin essential ingredients of conditions that require application of Social Work Education. Both the learning theory to practical situations. As opportunities are equally important to explained by Paul Chowdhry (1992), convert a student of Social Work into an social work is a practice-profession with a effective service professional. While definite body of knowledge that is being classroom learning provides theoretical widely explained and tested over times www.ijar.org.in 1

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] and is capable of growth and development Education and practice. As far as to suit to changing conditions. academics are concerned, Social Work The importance of social work Education in was offered as a profession and the standards to follow generic programme in the initial years both in academic and practice arenas of after its inception (1936-1946); social work are explained by Blok and specializations emerged in the post- Hartman (2016). They contend that independence period. Every social work has definite professional specialization, introduced thereafter, had principles and standards. The unique a background on the basis of its features of social work are: a) It is a requirement during that time. The global profession and found everywhere specializations include personnel in the world; b) A social worker has management and industrial relations, professional identity of his/her own; c) medical and psychiatric social work, Social work shares an international family and child welfare, criminology and body of knowledge; d) Social workers, correctional administration, and urban in their practice, are bound by and rural community development professional ethics, and e) Social (Jaswal and Pandya, 2015). Social work is workers are educated according to a currently under challenge, both as an definite set of prescribed standards. academic programme and as a field of Social Work Education at post- practice. Generally, social workers graduate level (MSW) is being offered in practice in a localized context but draw 15 state universities in Karnataka. In on policies and practices developed across Karnataka alone, the number of schools the globe. The time has come for social offering two-year MSW programme has workers to willingly come out of exceeded 100. This excludes MSW traditional theories and models of programme offered by autonomous practices that make them feel colleges, deemed-to-be universities, and comfortable with the prescribed ways of the Central University of Karnataka. The working. They should start paying number of students who obtain master’s attention to developing new ways of degree in Social Work, is over 3000 every viewing concepts, theories, values, terms year. Such a phenomenal growth in the and beliefs. Effective practice of social number of schools of Social Work, work involves the requirement of new especially in the recent past, is a cause of levels of understanding and new models concern with regard to future prospects of practice (Faruque and Ahmmed, 2013). of young professionals who obtain their The interrelationship between master’s degrees. The present study is theory and practice in Social Work focused on what the students say about Education has been well highlighted by some of the issues concerning their many social work professionals. Papouli course and future career prospects, along (2014) mentions that a combination of with what has been observed by the both theoretical knowledge and practical researcher (1) either personally or learning are required to become through other sources with regard to professional social workers. Such an ground realities of Social Work understanding and awareness will take Education, especially at the PG level. place in the classroom and through field Social Work Education: People work experience. Field work exposure can are the central focus of Social Work transform students from being receivers www.ijar.org.in 2

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] into producers of knowledge, values and 1975-76, with the goal of understanding skills. This positive change, thus the status of Social Work Education in expected, is a gradual process in the India. Some of the findings elicited on making and will not happen overnight. administration of a questionnaire on In a major study on Social Work Social Work students are presented in a , Desai (1994) has tabular form (Table 1). The data refer to studied students, educators in Social the nature and type of jobs expected by Work and educational process practised MSW students at beginning and the in 31 schools of Social Work which highest positions. existed at the time of data collection in Table 1: Nature and Type of Jobs Expected Beginning Position Highest Position 48% - Field level job 13% - Field level job 30% - Administrative position 55% - Administrative position 10% - Research position 20% - Research position 9% - Teaching position 10% - Teaching position Remaining - other positions Remaining - other positions

The data reveal that 55% of Social Work, Bozek et. al. (2017) students consider preparing for administered an online questionnaire on administrative positions and serving as 116 students of MSW course. As many as administrative personnel as the highest 76 have obtained bachelor’s degree in position of service. Teaching is the least Social Work, and three obtained preferred option. bachelor’s degree in Social Work and Social . Others have degrees in The other observations are: Applied Psychology, Remedial Education, a. As many as 75% prefer English as the Nursing, Sociology, Psychology, and medium of instruction Communication . The results (N: b. Three-fourth of students are satisfied 109) indicate that students have higher with the course instrumental motivation score than c. A good number (63%) of students expressive motivation scores. The vivid want research project to be made as a explanation is that students are compulsory component. instrumentally motivated as they choose d. Students, in general, are satisfied a course (MSW) to improve their career with field work practicum. prospects in social work. Persons with e. A good number prefer urban location master’s degree have good chances of as their Job preference. being gainfully employed in the labour market. Expressively motivated students The results indicate the need for have a desire to work with people and to improvement of curriculum and teaching, serve them. They deliberately opted for as only less number of high performers is the course and are inspired by the contented with the course. mission of helping people. They like the In a study to know as to why academic programme because of its students want master’s degree in content. An expressively motivated www.ijar.org.in 3

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] student has concern for the wellbeing of high standard. The uniqueness of social people and to help people who have work is that there were times in limited opportunities to grow. university education when social work course stood in a towering position with In her study, Jyothi (2014) has the distinction of claiming itself as a studied the status of Social Work discipline of service to people. In view of Education in Karnataka. On the basis of the quality of being special in its focus of the observations made, she has suggested training, Social Work, as a practice– that the quality of Social Work Education related discipline requires specific needs to be enhanced. Bringing changes infrastructure for training students in Social Work curriculum and teaching (UGC Report of the Second Review methodology should be priority issues of Committee, 1978). Social Work Educators. This refers to the primary concern of every Social Work The present study is aimed at Educator to prepare young students for understanding the condition of Social effective professional career. Referring to Work Education in the present times and this, Slozanska (2010) states the to know about MSW students’ importance of reviewing periodically participation in/perceptions of academic course curriculum, teaching methodology aspects of Social Work Education. The and standards of practice. This would study is limited to schools of Social Work ensure that the quality of Social Work affiliated to/part of state universities in Education provided to students is of high Karnataka and the subjects of the study quality. Such revision must be in tune are final (second) year MSW students with the requirements of stakeholders, only. A pre-tested questionnaire was and more so in the case of the students prepared (including Kannada version and the profession itself. tested on local conditions) and administered on 1033 final (second) year RESEARCH METHODOLOGY MSW students of 49 schools of Social Work within the administrative purview The ultimate goal of Social Work of state universities. Personal visits were Education is to transform a lay person in made by the first author (1) to all the Social Work into a competent and socially schools of Social Work. These visits acceptable human service professional. provided more direct and valuable The process of education must be such information on academic aspects and the that a student is moulded through views of faculty members and students. vibrant and need-based courses, field work and research project. The academic A well scripted process was programme must be focused on enabling adopted in carrying out the study. the students to acquire competencies and Permission of schools of Social Work was to become fully fledged professionals. obtained before the researcher’s (1) visit, Social Work Education at master’s level and mutually convenient dates were fixed comprises of three domains – courses, to meet faculty members and students. field work practicum, and research – The visits were arranged in such a way to prepare youngsters as service that routine academic work of schools personnel with knowledge, skills and and concurrent field work programme of values, and to work towards achieving a students were not affected. www.ijar.org.in 4

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Table 2 Personal Profile of Students No. of Students Factor % N: 1033 Gender Male 523 50.63 Female 510 49.37 Age (in completed years) 21 – 23 828 80.15 24 – 26 152 14.71 27 – 29 36 3.49 30 and above 17 1.65 Range: 21 - 32 years, Mean: 22.8 years Religion Hindu 955 92.45 Muslim 44 4.26 Christian 25 2.42 Others 9 0.87 Marital Status Single 976 94.48 Married 57 5.52 Caste Scheduled Caste 289 27.98 Scheduled Tribe 106 10.26 Other Backward Classes 444 42.98 General 194 18.78 Domicile Rural 817 79.09 Urban 216 20.91

Further, faculty members and visit of the first author. The services of students were well informed about the faculty members of the schools visited www.ijar.org.in 5

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] were obtained in the process of data Backward Classes). Candidates from SC collection. and ST background constitute 27.98% and 10.26% respectively. One hundred The students were informed and ninety four (18.78%) candidates are about the purpose of the study and their from general category. consent was sought to become subjects of Domicile: As many as 817 the study. Confidentiality of data (79.09%) students hail from rural areas, provided by students was assured. and about 20% are of urban origin. Seating arrangement in the classroom was done in such a way that prevented discussion/consultation while filling in RESULTS AND DISCUSSION the questionnaire. The questionnaires were distributed in the classroom after The results are presented under necessary guidelines and by assuring two sections. Section I refers to confidentiality. All final (second) year observations, and Section II covers MSW students, present on the day of visit empirical data on students. of the researcher (1), formed the subjects for the study. The data were collected Section I: Observations during the academic year 2018-19. The The following are the vital personal profile of 1033 final (second) observations in terms of year MSW students is detailed in Table 1. achievements/positive moves of Social Work course as an academic subject as well as practice component:

Section I: Personal Profile of Students 1) There is well-knitted student and The personal profile of 1033 final alumni associations in the State (second) year MSW students includes to exchange professional details regarding gender, age, religion, issues/opportunities for marital status, caste and domicile. professional enhancement and Gender: From the total of 1033 help schools in academic students, male and female represent activities, including placement for 50.63% and 49.37% respectively. field work of students. Further, Age and Marital Status: As many they support schools in as 828 (80.15%) students’ age is between curriculum review. Some seniors 21 and 23 years. There are 17 students serve as adjunct faculty members. aged 30 years and above, and some of them are of foreign origin. The mean age 2) Avenues for social work practice of students is 22.8 years, and their age in different fields/areas of human range between 21 and 32 years. As many welfare have improved. as 976 (94.48%) are single, and a few (5.52%) are married. Religion and Caste: As many as 3) An increased identity and support 955 (92.45%) students belong to Hindu for bachelor’s programme in religion, and a few belong to Christianity Social Work by the State and Islam. Of the total 1033 students, a Government has been observed, good number (42.98%) are OBCs (Other especially in the form of www.ijar.org.in 6

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appointing faculty members for kind of assessment. It has been BSW programme in Government observed in some places that first grade colleges. three-four schools function concurrently in a radius of five kilometres. In addition to this, 4) BSW/MSW academic the number of field work agencies qualifications are the is inadequate to cater to the requirements for certain needs of schools of Social Work. positions viz., supervisors, CDPO, ACDPO in the 2) Many schools are not adequately Department of Women and supported by required number of Child Development, Government faculty members in proportion to of Karnataka, functionaries of the intake of students. correctional institutions viz., probation officers and superintendents of correctional 3) Many qualified persons (with institutions, counsellors in family NET/SLET) are without jobs and counselling centres, short-stay some are working on temporary homes, de-addiction centres and basis as faculty members. A AIDS prevention projects, and number of doctorate degree welfare officers/HR personnel in holders with promising academic industries. track record find difficulty in getting placement with decent pay package. 5) Opportunities for students to go for higher education, including two-year M.Phil. programme in 4) Mushrooming of schools of Social Psychiatric Social Work, and Work which offer PG course in Ph.D in relevant disciplines are Social Work with less concern for evident, especially in recent starting BSW programme has years. been observed. It has been further observed that running PG programme in Social Work 6) Frequent conduct of academic appears to be easier than offering programmes in the form of UG programme in the field. seminars/conferences/ workshops at the state and national level involving students, faculty and 5) Generally, it has been observed practitioners has been noticed in that schools of Social Work most schools. functioning under the administrative control of state Some of the observations made on the universities are equipped with basis of personal visit of researcher (1) to needed infrastructure, including schools of Social Work include: library facilities. Most of the 1) Many schools are being other schools are ill-equipped in established without making any terms of infrastructure. Few www.ijar.org.in 7

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schools function in rented buildings with limited infrastructure. 9) There are several students who say emphatically that it is the quality of education that matters 6) The demand for the course is the most rather than merely gradually on the decline, getting a degree. The students especially in those schools run by prefer those schools which offer private managements. quality education and follow standards in terms of effective manpower, and good 7) The qualification prescribed for infrastructure. Other criteria admission to MSW course is not include enhanced reputation of uniform in all universities. A school in the society, pro-actively candidate who is eligible to get promoting innovations and admitted to MSW course in one creativity, and promising past university is not eligible in records of students’ professional another university. achievements.

Section II: This part broadly covers 8) The use of Kannada in the field students’ views on/and participation in in the conduct of field work academic activities. Further, students’ practicum by students and self perceptions and self-assessment have faculty members is praiseworthy. also been presented in an abridged form. This positive trend would The data obtained from students are certainly make the presence of presented in a tabular form followed by schools of Social Work a necessity vivid descriptions and explanations. in the community.

Table 2: Question/Statement/Issue: Indicate the reason (s) for choosing Social Work course. No. of Students N: Reason* % 1033 To have higher status in society 721 69.80 To explore the field out of passion 587 56.82 To get better job opportunities 938 90.80 Did not get opportunity to pursue other courses 180 17.42 *Some indicated more than one reason

From the point of view of a majority of students (90.80%), Social Work Education provides job opportunities. Most of the students prefer a paid position of regular employment either in service sector or in other sectors that match their interests and abilities. There are many students who also believe that Social Work Education provides higher status in society, and for some others, it caters to their enthusiasm for learning and doing social good. There are a few (17.42%) who say very clearly that

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Social Work is not their choice/priority and they are pursuing the course out of inevitability, and not out of passion. The predominant reason for selection of Social Work course is more due to extrinsic factors such as job placement. This is natural for young people to think of their future in terms of job placement. It has been well emphasized that the moral core of Social Work, which includes values and mission of Social Work, is the heart of Social Work Practice. There is no Social Work in the absence of moral core, and in fact, it is the moral core of the profession that distinguishes Social Work from other professions. To have a bright future, Social Work must take pride in its moral core (Bisman, 2004).

Table 3: Question/Statement/Issue: Are you satisfied with your choice of course in social work? No. of Students N: Response % 1033 Fully satisfied 537 51.98 Satisfied to a great extent with some 368 35.62 reservations Satisfied to some extent with a great deal 99 9.58 of reservations Not at all satisfied 29 2.82

The students are satisfied to a package. The next preferred areas are: great extent with the course chosen for Community Development (117/1033 or their studies. It is also a fact that many 17.13%) and Medical and Psychiatric young people prefer MSW course, as the Social Work (166/1033 or 16.07%). The opportunities for job placement are emerging area of social work is that of better. Very few (29/1033 or 2.82%) have Family and Child Welfare. A few expressed dissatisfaction with the choice (129/1033 or 12.49%) preferred this area of the course. Probably, their of interest. All other areas are not much expectations are different from reality in preferred by the students. The preference terms of course content, teaching of students for the specialization/area of methodology, and practical exposure. concentration of HRM is purely on the basis of placement opportunities it Of 1033, 489 (47.34%) chose brings, in addition to an attractive pay Labour Welfare/Personnel packages. It is apt to mention here that Management/Industrial Relations/HRD social work is known as both a service as their areas of interest. The activity and as an academic programme. opportunities for job placement are much As a service activity, social work was better for these streams of originated in charity organizations in specialization/area of focus compared to Europe and the US in the late 19th other areas. The placement ranges from Century. The training of volunteer that of baseline functionary to reasonably workers by charity organizations led to attractive designations with good pay www.ijar.org.in 9

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] founding of the first schools of Social Work (Hoiberg and Levy, 2011).

Table 4: Question/Statement/Issue: What is your area of interest / choice in MSW programme?

No. of Students Response % N: 1033 Labour Welfare/Personnel 489 47.34 Management/Industrial Relations/HRD Family and Child Welfare 129 12.49 Medical and Psychiatric Social Work 166 16.07 Correctional Administration 10 0.97 Urban Community Development/ Rural 177 17.13 Community Development / Tribal Welfare Social Work with Aged 14 1.36 Social Work with Persons with Disability 18 1.74 Others (include Youth and Development, Women and Development, Gerontological 30 2.90 Social Work, Counselling)

Table 5: Question/Statement/Issue: Which language will you be most comfortable with as medium of instruction at this stage?

No. of Students Response % N: 1033

English 394 38.14

English – Kannada (greater part in Kannada) 639 61.86

A good number of students are comfortable with mostly Kannada (as a greater part of the class). It is understandable because the medium of instruction at PG level is only English. But the trend of teaching greater part in Kannada is more frequently found in the schools of Social Work studied.

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Table 6: Question/Statement/Issue: Students’ Participation in and Perception of Social Work Programme

No. of Response Students % N: 1033 I am proud of addressing myself as a student of Social Work 1020 98.74

I attend theory classes regularly and on time 916 88.67 Classes are held as per the time table and by following timings 853 82.58 I found uniqueness in learning through theory and doing 962 93.13 through practice Theory classes are informative and interactive too 933 90.32 I am an active participant in the class and I participate well in academic debates. Further, I do not consider myself a passive 899 87.03 learner I prefer writing notes of each subject on my own by referring to 834 80.74 appropriate literature and by being attentive in classes I do not depend on ready-made notes prepared by somebody 628 60.79 I go to library very frequently for reference work 708 68.54 I consider myself a disciplined student both in and outside 953 92.26 class Disciplinary provisions of the school are pro-active and 921 89.16 development oriented In my considered opinion, theory classes are the base for field 956 92.55 work I get appropriate guidance from faculty members on all 960 92.93 academic issues, including research project / dissertation

I consider that project report/dissertation, as a component of curriculum is important for students to develop scientific 999 96.71 temperament and to be familiar with scientific method I write field work record / assignments / internal tests in 677 65.54 Kannada I take initiative and participate actively in co-curricular 915 88.58 activities I write university examinations in local language (Kannada) 779 75.41

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With regard to academic made notes prepared by others activities of schools and participation in (according to 628/1033 or 60.79% and perception of students, the following students). The disciplinary observations are made: provisions of the school are pro- a. Perceptions Regarding Theory active and development-oriented Classes: Theory classes are held (according to 921/1033 or 89.16% as per the time table (as stated by students). They receive 853/1033 or 82.58% students). appropriate guidance from Classes are both informative and faculty members for academic interactive in nature (as programmes, including research mentioned by 933/1033 or 90.32% projects (as mentioned by students); theory classes are the 960/1033 or 92.93% students); base for field work (according to they consider research projects 956/1033 or 92.55% students), the as important to develop uniqueness of learning theory scientific temperament and to be through practice has been familiar with scientific method understood (as mentioned by (as mentioned by 999/1033 or 962/1033 or 93.13% students). 96.71% students). A good b. Participation of Students: number of students (677/1033 or Trainees are proud of identifying 65.54%) write field work themselves as students of Social records/assignments/internal Work (according to 1020/1033 or tests in local language (Kannada) 98.74% students). They attend and a majority (779/1033 or classes regularly and on time (as 75.41%) write university mentioned by 916/1033 or 88.67% examinations also in local students); they participate well in language. all academic programmes Mushrooming of schools of Social (according to 899/1033 or 87.03% Work offering MSW course, insufficient students); they consider number of faculty members to run the themselves as disciplined course, over-reliance on guest faculty students in and out of classes members, and preference of (according to 953/1033 or 92.26% English/Kannada as media of instruction students); and they participate are the major observations. However, by well in co-curricular activities and large, students are contented with (stated by 915/1033 or 88.58% the academic programme, and HRM is students). their area of interest but use of Kannada c. Involvement in Academics: in examinations and field work is also Students prefer to prepare notes evident. for every subject by attending the classes and referring to CONCLUSION appropriate literature (according Social Work Education at post- to 834/1033 or 80.74% students). graduate level has a definite mission and They go to library very frequently well defined focus. It is one of the few for reference work (according to courses where students learn the 708/1033 or 68.54% students). competencies needed to serve as social They do not depend on ready- workers by learning in the classroom and www.ijar.org.in 12

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] by practising in the field. Such a blend of Sri Krishnadevaraya theory and practice is the uniqueness of University, Ballari on 14/05/2019 are Social Work Education that attracts well applicable to Social Work young people to opt for it as a career. Education at master’s level. The This study is to find out the version of initiatives suggested by him would ensure students on Social Work Education and the provision of high quality education to their involvement in academic all. Some of the key initiatives are programmes as learners. The study is grouped under five points and each one limited to 49 schools of Social Work carries high weightage in terms of its spread over Karnataka and the number value and relevance to different streams of subjects for the study is 1033 students of knowledge, and more appropriately, to of final (second) year MSW course. The MSW course. researcher (1) has personally met all the students and administered the a. Partnership: Partnership with questionnaire while complying with the industries for internship of ethical issues of research. students, hiring adjunct faculty The salient findings of empirical effort from industry, involvement in indicate the following: curriculum development.  Students joined the course as it provides gainful employment b. Research and Innovation: (90.8%) Undertake research that has  Students have expressed social relevance, and inter- satisfaction with the choice of the disciplinary in orientation. course (51.98%) Institutions must be places for  HRM is the most preferred thrust generation, assimilation, area of social work practice dissemination and application of (47.34%) knowledge.  Preference of English and Kannada as media of instruction (61.86%) c. National and International  Students’ perception regarding Networks: Collaboration with theory classes, institutions of repute for participation/involvement in academic exchange and for educational activities, including undertaking collaborative undertaking empirical work, has research. been rated as good. A good number of students write their d. Enhanced Involvement of field work reports, internal and Alumni: Establish alumni semester-end examination in associations and have frequent Kannada. dialogue with them for enhanced

quality of curriculum and The initiatives proposed by Prof. improved avenues for training Anil D Sahasrabudhe, Chairman, All and placement of students. India Council for Technical Education,

New Delhi, in his convocation address of Seventh Annual Convocation, www.ijar.org.in 13

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e. Provision of Best Facilities for 4) Bozek, Bart; Raeymaeckers, Peter Students: Provide pro-active and Spooren, Pieter: Motivations to environment with flexibility in Become a Master in Social Work: A timings and with student-centred Typology of Students, European facilities. Journal of Social Work, 2017, 20 (3), 409-421. Social Work Education at PG level 5) Desai, Armaity S: A Study of Social needs to be further strengthened keeping Work Education in India, Study in view the best professional prospects of Sponsored by Ministry of Welfare, students. A debate is required regarding Government of India, New Delhi and whether uniform curriculum at state Undertaken at Tata Institute of level can be evolved and arrive at, and Social Sciences, Bombay,1994. ways and means of improving further 6) Faruque, Cathleen J and Ahmmed, quality of Social Work Education. Faisal: Development of Social Work Baikady et. al. (2014) have stressed the Education and Practice in an Era of importance of the uniformity of Social International Collaboration and Work curriculum and also developing a Cooperation, Journal of International field work manual for students of Social Social Issues, 2013, 2 (1), 61-70. Work. Further, it is to be made explicit 7) Hoiberg, Dale H and Levy, Michael: that the focus of teaching and learning of Britannica Global Edition, Social Work Education is more on inter- Encyclopedia Britannica Inc., New personal relations. To make Social Work Delhi, 2011, 26, 15466. Education more effective and fruitful, 8) Jaswal, Surinder and Pandya, higher level of involvement of teachers Samta: Social Work Education in and students is required (Young and India: Discussions on Indigenisation, Delves, 2009). The Indian Journal of Social Work, 2015, 76 (1), 139-158. References 9) Jyothi, H.P: A Study on ‘Social Work Education in Karnataka’, Ph.D 1) Baikady, Rajendra; Venkat, Pulla; Thesis Submitted to University of and Channaveer, R.M: Social Work Mysore, Mysore, 2014 (Unpublished). Education in India and Australia, 10) Papouli, Eleni: Field Learning in International Journal of Social Work Social Work Education: Implications and Human Services Practice, 2014, 2 for Educators and Instructors, Field (6), 311-318. Educator, 2014, 4.2, 1-15. 2) Bisman, Cynthia: Social Work 11) Paul Chowdhry, D: Introduction to Values: The Moral Core of the Social Work (History, Concept, Profession, British Journal of Social Methods and Fields), Fourth Edition, Work, 2004, 34, 109-123. Atma Ram & Sons, Delhi 1992. 3) Blok, Willem and Hartman, 12) Slozanska, Hanna: Role of Australian Jeannette: Social Work in a Society Association of Social Workers in Under Pressure – Maintaining Higher Social Work Education Professional Principles and Forming, & Sociology, Standards, Journal of Social 2010, 3 (1), 115-121. Intervention: Theory and Practice, 13) University Grants Commission: 2016, 25 (2), 79-86. Review of Social Work Education in www.ijar.org.in 14

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India – Retrospect and Prospect, Report of the Second Review Committee, UGC, 1978. 14) Young, Susan and Delves, Leitha: Expanding to Fit the (Blog) Space: Enhancing Social Work Education Through Online Technologies, In. Same Places, Different Spaces, Proceedings Ascilite Auckland, 2009, 1130-1139.

Terms used:

1) Schools of Social Work: Department of Social Work of College/University, Independent School of Social Work (aided or unaided by the State government) 2) Students: Final (second) year MSW students 3) Profession: A career that needs a formal qualification (D.K Illustrated Oxford Dictionary, 2011) 4) Research Project: Also referred to as Dissertation/Project Work 5) Labour Welfare/ Personnel Management/ Industrial Relations/ HRD: Also referred to as HRM

Note: a. The data presented in this paper are part of larger empirical work on “A Study of Current Status of Social Work Education in Karnataka”, undertaken by Dr. TBBSV. Ramanaiah (first author of this paper) and as a fulfilment of Emeritus Fellowship in Social Work, awarded by the University Grants Commission. b. The authors declare that there is no conflict of interest in undertaking this work. www.ijar.org.in 15

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Social Inclusion in Schools: Role of Learning Methods

Dr.V.V.S.Rama Krishna, Assistant Professor, Dept. of Economics, Andhra University, Visakhapatnam Abstract Social exclusion and inclusion are two terms that are making inroads in policy discourse, especially in developing nations including India. They are not part of a binary, although inclusion should be understood in the context of exclusion. In the Indian context according to Thorat and Newman (2010), exclusion revolves around societal institutions that exclude on the basis of group identities such as caste, ethnicity, religion and gender. The study is based on documentation of the practices of schools that profess to be socially inclusive. The rationale for such a study hinges on the need to identify and study the efforts of schools and teachers that manage to practice and promote social inclusion. The present study aims to provide some insights into institutional perspectives, motivations and underlying social inclusion in schools by enhancing the role of learning methods. Key words: Social Inclusion, School Education, Learning Methods and Teaching Practices. 1. INTRODUCTION: to be recognised that institutional interventions in primary/elementary Inclusive growth refers both to education also provide opportunities for the pace and pattern of growth, which are enabling education among disadvantaged considered interlinked and therefore it groups and must be expanded and need to be addressed together. In India strengthened. Nambissan argues that she the discourse of inclusion in elementary does not view inclusion as merely in education is largely in the realm of relation to quantitative indices of school education of children with disability and entry, attendance and completion rates special educational needs. A significant that are presently used to assess social emphasis in policy and programmes in parity or equality of education India has been given on hitherto opportunity as understood in policy educationally deprived groups such as documents. She refers to Kabeer (2000) Dalits (scheduled castes), Adivasis to stress that inclusion is viewed in (scheduled tribes), religious minorities education as a far more complex process and girls who comprise the majority of that positions social groups differently in children who are out of school relation to valued resources: knowledge, (Nambissan 2006). As indicated by Gross skills cultural attributes, future Enrolment Ratio statistics, many parts of opportunities and life chances, sense of the country have achieved near universal dignity, self worth, and social respect. enrolment (Govinda and Bandyopadhyay, Referring to the concepts of ‘adverse 2008). While the majority of Dalit (SC) incorporation’ or ‘problematic inclusion’ children are now being included in as against ‘privileged inclusion’ schools at the point of entry, the terms of Nambissan draws attention to the their inclusion in relation to institutional importance of interrogating the process structures and processes are of institutional inclusion of hitherto discriminatory. At the same time it needs excluded groups from the perspective of www.ijar.org.in 16

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] equity — that is, against the criteria of University of Education Planning and social justice and fairness. Administration which focuses on inclusion in education encompassing Social exclusion and inclusion are issues concerning education of children two terms that are making inroads in from Scheduled Caste, Scheduled Tribe, policy documents of various developing Muslim community, girls and children nations including India. Social inclusion with disability. The students not only and exclusion are not part of a binary, internalise the cultural message of the although inclusion should be understood school through the official discourse in in the context of exclusion. While social schools but also through the symbols and exclusion is a reality that exists in the ‘not so significant’ practices of daily societies and in schools, social inclusion is classroom life. The situation can be a value that is aspired for. In Indian challenged and in long term transformed context according to Thorat and Newman by bringing in new language, (2010) exclusion revolves around societal qualitatively different relations and new institutions that excludes on the basis of set of values. group identities such as caste, ethnicity, religion and gender. This study is about 2. INCLUSION AND EXCLUSION IN social inclusion in schools, it recognises ELEMENTARY EDUCATION IN that the concepts of ‘social inclusion and INDIA:A significant emphasis in policy exclusion’ are not well defined and, and programmes in India has been on especially in educational contexts, hitherto educationally deprived groups scholars have employed them in different such as Dalits, Adivasis and minorities ways; some have limited the conceptual who comprise the majority of children boundaries to encompass only certain who are out of school. According to data disabilities, while the others have available at the national level, the included various other categories of country has achieved near universal children who are marginalised and enrolment in many parts of the country, disadvantaged due to structures of caste, as indicated by Gross Enrolment Ratio patriarchy, ethnic, religious, and class statistics (Govinda and Bandyopadhyay, hierarchies. The rationale for such a 2008). A progress in enrolment is study hinges on the need to identify and observed, however even in 2009-10 about share the efforts of schools and teachers 28.86% of children drop out at the that manage to practice and promote primary level itself. About 75% of ST inclusion and equity. children drop out of schools by the time they reach grade ten, The drop-out rate is In India the discourse of inclusion highest for ST girls at all the three level in elementary education is largely in the of education that is primary, elementary realm of education of children with and secondary. The likelihood of disability and special educational needs. exclusion is compounded if the children In India the use of term ‘inclusion’ in live in rural areas and are female. Tribal various policies targeting poverty has girls in rural areas are in the most now found way in educational reports disadvantaged position, as only 51% of such as the Status of Education in India them are enrolled in schools, whereas National Report prepared by the National around 80% of all girls in urban areas are enrolled (Sedwal and Kamat, 2008). www.ijar.org.in 17

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected]

According to Velaskar (1990) the education in India has witnessed a steady mass entry of children from hitherto growth over the years in enrolment of excluded communities represents a children from all sections of society, structural change in itself; it is not one particularly from weaker and that has been able to overthrow the deep- disadvantaged sections such as girls, SCs, rooted structures of inequality. While STs, and linguistic, ethnic and religious majority of Dalit children are now being minorities. Owing to the increased inflow included in schools at the point of entry, of children from weaker and the terms of their inclusion in relation to disadvantaged sections, classrooms and institutional structures and processes are schools are becoming increasingly discriminatory (Nambissan 2006). At the diverse. As a result, schools now have to same time it needs to be recognised that address new issues and challenges and institutional interventions in reorient their teaching-learning practices primary/elementary education also and processes to make classrooms and provide opportunities for enabling schools responsive to, and inclusive of, education among disadvantaged groups the learning needs and interests of and must be expanded and strengthened. diverse learners. The report ‘Inclusive Classroom, Social Inclusion/Exclusion Nambissan argues that she does and Diversity: Perspectives, Policies and not view inclusion as merely in relation Practices’ has sought to explore, identify to quantitative indices of school entry, and discuss key issues and challenges, attendance and completion rates that are and suggest inputs that need to be begin presently used to assess social addressed by policymakers and parity, or equality of education practitioners to promote inclusive opportunity as understood in policy classrooms, ensure meaningful and documents. She refers to Kabeer (2000) successful school participation, and to stress that inclusion is viewed in enhance the learning achievements of education as a far more complex process Children from diverse backgrounds. This that positions social groups differently in study based on report has identified the relation to valued resources: knowledge, following key areas that need to be skills cultural attributes, future focused on by policymakers and opportunities and life chances, sense of practitioners. dignity, self worth, and social respect. Referring to the concepts of ‘adverse 3.1. Recognising the Increasing Diversity incorporation’ or ‘problematic inclusion’ of Classrooms: as against ‘ privileged inclusion’ There is first a need to recognise Nambissan draws attention to the the changing social composition of importance of interrogating the process learners in the classroom resulting from of institutional inclusion of hitherto an inflow of children from diverse excluded groups from the perspective of backgrounds in terms of caste, class, equity— that is, against the criteria of gender, ethnicity, language and religion. social justice and fairness. This increased diversity presents new issues and challenges in curriculum 3. ROLE OF LEARNING METHODS IN design, teaching-learning practices and INCLUSION OF SCHOOLS: Elementary processes, learning materials, and teacher education that meet the different www.ijar.org.in 18

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] learning needs of these children. These analysis of the exclusionary practices and issues and challenges cannot be processes, a descriptive profile of each addressed unless they are first recognised child can be created. This profile will help by policymakers and practitioners. to identify, link, and analyse the factors that could affect children’s learning. The 3.2. Developing the Profiles of Diverse child profiles can also be used to identify Learners: the differential learning needs and interests of children from diverse Without a clear understanding of backgrounds. the various socio-economic and cultural characteristics of diverse learners, it is 3.3. Understanding of School-based difficult to evolve strategies and develop Practices and Processes: plans at classroom, school and system levels to teach children from diverse A contextualised understanding backgrounds. It is therefore necessary of teacher beliefs and behaviour as well that relevant data and information on as the teaching-learning practices and diverse learners is collected, examined processes, and their impact on the and analysed in order to inform and educational experiences and outcomes of shape policies and practices to make children from diverse backgrounds is a classrooms and schools inclusive and crucial prerequisite to develop inclusive responsive to the learning needs of classrooms that are responsive to the children from diverse backgrounds. diverse learning needs and interests of Child profiles can be an these children. Without this, it will be important and effective tool to promote difficult to assess the professional inclusive classrooms. Child profiles can be development needs of teachers, and created through school-community evolve appropriate training curricula, mapping by conducting a household practices and processes to prepare them survey in the villages of the schools’ to teach diverse classrooms. Therefore, catchments area to determine how many there is a critical need for school-based members each household contains, their ethnographic research which can better ages, and their levels of education. These inform policy and practice. maps can be created by schools by enlisting the help of community members 3.4. Developing Inclusive Teaching- and elders, VEC members, village Learning Practices and Processes: Panchayat representatives or even dedicated youth volunteers. This step will Classrooms are diverse in terms actually help to build stronger links of the types of children and the ways in between the school and the communities which they learn. Children learn in it serves. different ways because of experience, The map can be shared with environment and socio-economic and parents and community members and cultural backgrounds. Consequently, leaders to identify, discuss and analyse there is a need to use a variety of the various factors, especially school- teaching methods and activities to meet based practices and processes that appear the different learning needs of such to cause exclusion of children from children. We need to know the different diverse backgrounds. Based on the ways that children learn, to help us www.ijar.org.in 19

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] develop teaching-learning practices and and placements in schools that are processes that are more meaningful for already recognised for their use of the children, and help them, innovative practices to address diversity. especially those who have been historically excluded from learning, to 3.5. Regular Evaluation and Feedback on learn better. Students from all ethnic, Impact of Teaching-Learning Practices: cultural, linguistic and socio-economic backgrounds come to school with already- Teaching diverse classrooms constructed knowledge, including their requires a tremendous amount of home languages and cultural values, flexibility to respond to the different acquired in their home and community learning needs and interests of students, environments. Such knowledge and skills and teachers need to constantly update should serve as the framework to their practices. However, without construct new knowledge and continuous and proper evaluation, understandings. teachers and school administrators cannot receive feedback from which to For classrooms to be fully learn, and thus will lack the indicators of inclusive, the learning materials and what works well, what does not, and why. curriculum need to be made inclusive and While there may be several instances of responsive to the diverse cultures and good practices used by teachers in some socio-economic backgrounds of children. schools, the lack of formal This would make it relevant for all documentation, record and evaluation children in terms of what is taught means that potentially good practices are (content), how it is taught (method), how lost. Therefore, there is a need to develop the children learn best (process), and how an institutional mechanism for it relates to the life experiences of the continuous documentation, evaluation, children and the environment in which sharing and feedback on the impact of they live and learn. Instructional quality teaching-learning practices on student in a diverse classroom can be improved by learning, and its linkage with the teacher using multi-cultural and multi-ethnic support and training system. examples, scenarios and vignettes to 3.6. Diversity Issues in Teacher illustrate academic concepts, ideas and Education and Training Programmes: skills. This is a powerful strategy to incorporate diversity into the heart of Though the social context of the teaching, because examples are classroom has been changing, teachers fundamental to, and consume much of appear to have little understanding of the actual time, devoted to teaching in all issues of diversity, and are ill-prepared to subjects and school settings. Relevant teach increasingly diverse student examples can link school knowledge to populations. There is, therefore, a need the lived experiences of diverse students, for systematic efforts to make teaching and improve academic achievement. for diversity an integral component of the Teachers would also greatly benefit, if curriculum for pre-service as well as in- training programmes include their service teacher training. participation in activities that expose Teaching children from diverse them to practical situations of addressing backgrounds requires a tremendous diversity, especially classroom practice amount of flexibility in teaching practices www.ijar.org.in 20

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] and processes as well as in curriculum teachers also bring to the classroom their design and learning materials to respond unique experiences and perspectives, to their diverse learning needs and which can help them to better relate to interests. It also crucially involves their diverse students. Diverse teachers reflecting on and examining teachers’ may also be more inclined to view student own personal and professional beliefs diversity in the classroom as a resource. about diversity, based on caste, class, However, studies in this regard suggest gender, ethnicity, language and religion, that while there has been an increasing and analysing how they influence their flow of diverse learners in the classroom, behaviour and relationship with children the social composition of teachers has not from diverse backgrounds. However, the kept pace with it. The recruitment policy attitudinal awareness and skills to teach for elementary teachers, therefore, needs diverse classrooms cannot be simply to be focused towards promoting an developed and absorbed through a one-off increased intake of teachers from course during initial teacher training or historically excluded groups such as in-service training. Instead, continuous women, SC/STs, religious, ethnic and reflection and re-examination of beliefs linguistic minorities, etc. and practices needs to be inbuilt in a system of teacher support and 3.8. Developing an Organic School- development throughout their careers. Community Relationship: Teaching and learning takes place in particular contexts. It is There is growing evidence that therefore important that pre-service and involving parents and the community in in-service training are oriented towards school affairs can be an effective strategy developing among teachers an to address diversity in the classroom. understanding of the importance of However, the current official mechanisms contextual specificity and an ability to and structures (VECs, PTAs, etc.) critically reflect on their own specific prescribed to ensure community classroom contexts and practices. This involvement do not seem to be working will equip teachers with the abilities to towards achieving the desired outcomes, apply general principles of teaching for particularly with regard to the diversity in ways that work for their participation of marginalised and specific classroom situations. excluded communities. They feel helpless to assert their voices and participate in 3.7. Promoting Diversity in the the functioning of the schools in the local Elementary Teaching Workforce: power structure, and, VECs become a platform for the powerful sections of the Maintaining diversity in the local society to promote their vested teacher workforce is considered crucial to interests. create inclusive schools. A teaching force It needs to be recognised that in that more closely mirrors the student the changing context of increasing inflow population can benefit both students and of children from diverse backgrounds, it teachers. Diverse teachers can serve as is important for schools to understand powerful role models for diverse students, and articulate parent and community potentially motivating them to strive involvement in terms of diverse socio- further in their achievements. Diverse economic, cultural and political contexts. www.ijar.org.in 21

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected]

The schools need to evolve programmatic recommendations, and suggests building activities in order to ensure the active a nation-wide network of civil society involvement of the different communities organizations (CSO) and forming a in the local society. Through National Forum on Inclusive Classrooms programmatic activities, communities can as a major strategic initiative to develop become active partners in developing a and promote the agenda of inclusive school-based plan to improve teaching- classrooms and diversity. These learning practices and processes. School- recommendations are closely interrelated based plans to address the challenges of and complement each other, and, diversity in the classroom can provide therefore, indicate the need for a multi- many such opportunities for the active pronged approach to address these involvement of communities and parents. challenges. It may not be easy to initiate The challenges of inclusive the processes of change that are proposed classrooms and diversity discussed by the by the Report. However, it is also Report may appear formidable, especially important not to overestimate the because mainstream policy and practice challenges. Many components in the in the elementary education sector have recommendations can be initiated by yet to adequately recognise and focus building on the processes that already attention on them. However, the Report exist, and revitalising them in innovative indicates that during recent decades ways. However, we need to finally these issues and concerns have already emphasize that we would not succeed in started receiving attention from a section initiating these processes of change of policymakers and practitioners. unless there is decentralised planning. It Several innovative experiments of school would need a broad framework to plan reforms have been taken up by civil upwards, beginning with schools; to society organisations as well as in the identify focus areas and developing government sector in different parts of context specific intervention plans; and the country. These experiments have subsequently to consolidate these at the attempted at curriculum design, cluster and block levels. This could form development of teaching-learning a decentralised planning strategy at the methods and materials, and teacher district level. Only genuinely development from child-centred, inclusive decentralised planning with school-based perspectives, and have shown action plans at its core could make the encouraging results in terms of the agenda of inclusive classrooms feasible learning achievement of children from and achievable. diverse backgrounds. The positive and critical lessons and insights from these 4. CONCLUSION: initiatives need to be documented, shared and widely disseminated. Building on Globally the experiences suggest these lessons and insights, a perspective that even when the excluded do have and concrete strategy can be developed to access, they can be excluded from good address the challenges of inclusive quality learning. The observation of the classrooms and diversity. study points out that there are spaces Based on the issues and within the school that provides challenges identified and discussed, the opportunities for equitable inclusion. The Report presents a set of www.ijar.org.in 22

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] study focused on classroom processes, day Bandyopadhyay, M., and Subrahmanian, to day experiences of students and R. (2008), Gender equity in education: A teachers and does not analyse review of trends and factors. reproduction of discrimination and oppression from a macro perspective. The Batra, Poonam (2005), “Voice and Agency approach of study wherein school is of Teachers: Missing Link in National considered as a unit, classroom and Curriculum Framework 2005”, Economic school practices are studied; that creates and Political Weekly, October 1. a scope to even put our fingers at the possibilities of inclusive practices that Geetha Nambissan (2010), “The Indian teachers, students and schools experience Middle Classes and Educational and go through. The study concludes that Advantage: Family Strategies and ‘despite the fact that larger socio-political Practices” in Michael W. Apple, Stephen environment is becoming more stratified J. Ball and Louis Armando Gandin (eds.) and divisive, there are islands of hope The Routledge International Handbook across this vast and diverse country. It of Education, London. also presses the need to study inclusion and exclusion in schools and work at all Govinda, R. (2008),”Education for all in levels to bring about lasting change on India: Assessing progress towards Dakar ground. The study also identified the Goals.” Prospects 38.3, 431-444. development startles of the last several years makes new social groups believe Kabeer, N. (2000), Social Exclusion, that the gains of social economic and Poverty and Discrimination: Towards an Political development has not been Analytical Framework. IDS bulletin, shared equally for these excluded groups. 31(4), 83-97. Therefore those who have been excluded from Social, economic and political developments are now seeking solution to Nambissan, G. B. (2009), Exclusion and their groups’ specific problems. The study Discrimination in Schools: Experiences of also suggests that there should be Dalit Children. Working Paper Series, frequent updating of learning methods to Indian Institute of Dalit Studies and attract children and the Government UNICEF should take measure in promoting more inclusiveness of school education. Sedwal, M., and Kamat, S. (2008), Education and social equity with a special REFERENCES: focus on scheduled castes and scheduled tribes in elementary education. Balagopalan, S. (2004), Understanding ‘inclusion’ in Indian schools. In Reflections on school integration: Colloquium proceedings (pp. 125-146). Cape Town: Human Sciences Research Council.

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Social Change and the Women: A Case Study of the South- Eastern Punjab of Colonial India Dr. Mahender Singh, Associate Professor in History, Rayat College of Law, Railmajra, Punjab Affiliated to Panjab University, , (India)

Abstract The subject of social change in modern India is a vast and complex and an adequate understanding of it will require the collaboration, for many years, a number of scholars in such sundry fields as economic, socio-cultural history, law, politics, education, religion, demography and sociology. It will have to take account of regional, linguistic differences. My aim, however, is much more limited, only related to region and women of south-eastern Punjab. In this paper, I shall try to assess the social change as a whole and the position of women in late nineteenth century and early twentieth century. Was there any change during this period and lastly, which of the factors responsible for any change and the factors responsible for not much change? Hypothetically, I assume that no concrete steps have been taken in terms of their social status and empowerment from both government and patriarchal system. This assumption would also be tested in the present paper. Keywords: Choudhar, Panchayat, Havelis, Kachcha, Pucca, Ghoongat. I famous administrator, F.L.Brayne, There has been no much literature described the similar aspects, on women studies on the region however, main emphasis has been under reference. Nevertheless some given to education of women but not books are found, which related to so much description about the colonial times and of contemporary women of South-Eastern Punjab. The times as well. In addition to, some secondary sources like K.C. Yadav’s short studies, in forms of thesis, ‘Modern ’, Chattar Singh’s dissertation, and articles, can be ‘Social and Economic Change in referred in a way of review of Haryana’ do not provide so much literature. In this way, I would love detail about the topic under to prefer some famous British reference. Short studies like, administrators who devoted a lot of ‘Customs in a Peasant Economy: energy by describing the position and Women in Colonial Haryana’ by status of the women of the area Prem Chowdhry provides some under reference. M.L.Darling, in his information about the women of this books namely, ‘The Punjab Peasant area but not so much discussion and Prosperity and Debt’ (1925), about the change in early twentieth ‘Wisdom and Waste in the Punjab century. In Daljit’s Villages’ (1934), ‘Rusticus Loquitor’ dissertation,‘Social Life and Social (1935) referred about the position of Change in the Colonial Punjab’, women, their status in society, their there is a some discussion about the education, pardah system and some women of the Punjab but some change in colonial period. Another www.ijar.org.in 24

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] references were found only as far as change. In South–Eastern region, the concern to the South-East Punjab. control of women’s behaviour through certain customs has been II central to the affirmation of the The South-East part of the Punjab solidarity of the dominant Jat province1 had poor resources than peasant group. Such customs and most other parts of Punjab. The traditions emerged from the growth region was located away from the and demands of a patriarchy and perennial rivers of Punjab and the interacting with.3 river Jamuna’s course was along the Before discussing the social change eastern boundary of the State. The in whole of the region under non-perennial river Ghaggar, which reference, we take a look on the passed through the Northern parts of definition of social change. It has this area, caused considerable yearly many interpretations. It may be damage to agricultural. Small defined, as the process in which rivulets, mostly dry except during there is discernible alteration in the the monsoon, caused more damage. structure and functioning of a Rainfall was low and erratic and in particular social system. It asserts the peak period, July to September, that there is some difference through there were often early local and time in social behaviour, social widespread floods. The soil was structure and social values.4 Social sandy and light in texture. Irrigation change, therefore, would mean through wells was extremely limited. observable differences in any social In most parts, there was a paucity of phenomena over only period of time. 5 sub-soil water; the level of which James defines social change as a water was considered to be roughly term used to describe variations in, about 25 feet.2 In many case water or modifications of any aspect of was brackish. The main aim of discussion is that the economic 3 Prem Chowdhry (1989) “ Customs in a condition also affected the social Peasant Economy: Women in Colonial Haryana”, in Kumkum Sangari and 1This is called Haryana in modern times, Sudesh Vaid(ed.), Recasting Women, New which was separated on 1st Nov. 1966 Delhi: Kali for Women, pp.142. from Punjab. Karnal District Hand book, 4For more details on social change, see, 1961, p. 18. P.S. Cohen (1969), Modern Social Theory, 2India Office Records: P/7841/1908, p.22 London,; M.N. Srinivas (1966), Social also see Report of the Deputy Change in Modern India, Bombay, B. Commissioner of Rohtak District, 22 Sep. Kuppuswami (1960), Some Aspects of 1906 cited in Prem Chowdhry (1986) Social Change, New York, and S.C. Dube, “Advantages of Backwardness: Colonial Social Change in India, Bomaby. Policy and Agriculture in Haryana’, 5Encyclopaedia of Social Change, (ed.) by IESHR, New Delhi, Vol. XXXIII, No. 3, Laxmi Devi, New Delhi: Annel New Delhi: Sage, pp. 263-88. M.N. Publication, 1996, pp. 1-2 and see also, Srinivas (2003) Social Change in Modern Encyclopaedic Dictionary of Sociology, India, New Delhi: Orient Longman, p.1. New Delhi: Penguin Booksss, 1984, pp. (Reprint, Originally published in 1966). 193-94. www.ijar.org.in 25

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] social process, social patterns, social elsewhere in the Punjab province. The interaction or social organization. women of the South-Eastern districts Merill and Eldredge state that ‘social such as Hissar, Rohtak and Gurgaon took change means that large number of a greater share of agriculture work than persons are engaging in activities the women of the central districts. They that differ from those which they or were believed to work even better than their immediate fore-fathers engaged their husbands in some areas. 9 The in some time before’, Davis says that standard of living of the women was social change meant only such different in the regions. The women in alterations as occur in social canal colonies and the Central Punjab organization, that is, structure and lived better lives than in Southern functions.6 Punjab, where they continued to work III harder than the men folk.10In a Hard work was a general feature of subsistence level economy, women were women of South-Eastern parts of the considered as an economic asset. Punjab province. The women devoted her Recognizing, W.E. Purser and H.C. energy at home and in the field as well. A Fanshawe commented in their Report in woman did all a man do except plough, 1880: sow, and thresh. However, since the war,7 Enquiry from people themselves, in it was noticed women were gradually almost every village of the district has given less work. Some work of manure shown that as long as a family has its was given to the sweepers, and the proper complement of workers, male and Panchayat forbade the cutting of the female, it is well to do ……where there is thorn bushes for fuel and for hedges, to no women in the family, the house is women. That was a matter of ‘izzat’ certainly to fall into difficulties. Another (choudhar); it was not well that a woman graphic description of women’ work should go out into the ‘Jangle’ alone.8 showed: the women’s work as hard as the Hard work was a characteristic of the men if not harder. The heavy tasks of women in whole rural Punjab, yet bringing in wood and fuel and water fall relatively speaking, due to harsh geo- on them; they have to cook the food, and economic conditions of South-East carry it daily to the fields; they have to Punjab, the women worked harder than watch the crops; to them the peeling of the sugarcane and picking of the cotton 6For details, Mahender Singh(2015), belongs; and when there is nothing to do, Agrarian Society in Transition: A Case they must always fill up the time with the 11 Study of Colonial South-Eastern Punjab, spinning wheel. Malcolm Darling Writer’s Choice, New Dehi,. Chapter 6 and also see, Mahender Singh, 9Census of India, Punjab and Delhi, 1931, Agriculture and Agrarian Life in the Vol. VII, Part 1, Report, 1932, p.27. South-East Punjab, 1858-1947, 10Census of India, 1931, Vol. XVII; Unpublished Ph.D Thesis, P.U., Punjab, Part 1, and II, Lahore, 1933, 217. Chandigarh, 2007. 11W.E. Purcer and H.C. Franswe, Report 7After the First World War. on the Revised Land Revenue Settlement: 8 Malcolm Darling (1934), Wisdom and Rohtak District, 1873-1879 (1880), Waste in the Punjab Villages, Delhi: Lahore: W.Ball Printer, p.65; DG Rohtak OUP, pp.144. District, 1910, p.10; Quoted in Prem www.ijar.org.in 26

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] remarked by the women of Hissar there brings home for the family.14 Upon was no purdah and the veil (Ghunghat) is the housewife’s knowledge, thrift used only when an elder or man of and skill depends the feeding importance was present.12 clothing, health, comfort and The colonial state was also concern happiness of the home and greatest to the empowerment and of all upon her capacity for bringing transformation of the women of up and training her children depends south-eastern Punjab. For example, the whole future of the state and yet the Hartog Report said,“In every we continue to neglect her.”15 The scheme of extension should be given heartbreaking disappointments that to girls’ educations, and let us now the British administrator hopes that the unique and costly experienced in village work were all experiment of trying to uplift and due to this fundamental error of civilize a nation without educating thinking that the interest and the women is at last to be attention of the women was abandoned.”13 The colonial unnecessary for the organizing of a administrators also considered social and economic revolution for women as the hand that rocks the the ‘uplift’ movement was nothing cradle, and also stated, “A very big less! In village life, the women were effort is being made to improve every as much concerned as the men, if not aspect and outlook of village life and more so.16 to give every villager, from the cradle In these conditions, there to the grave, a better chance. were many possible sources of Practically the whole of our efforts, opposition to higher education for however, are directly to one half only girls. There was a rather general of the population of each village, as complaint that the higher education very little that we do at present have then given to girls spoiled them for more important half of the the drudgery of home life, and they population! It has been estimated in refused to help in the house when a European country of small holders they returned from school and such as the Punjab in India–That college.17 If any lucky girl, who got a seventy percent of village life higher education, instead of being depends on the women. The man is pioneers of women’s welfare work busy with his farm, but upon the and spreading the demand for girl’s woman depends whatever value is education, has to prove that the got out of the crops and money he educated girls could be a better wife and home maker. It was also alleged that they were backed up in this by

Chowdhry (2004), The Veiled Women, 14 F.L. Brayne (1937), Better New Delhi: OUP, pp.57-58. (Reprinted, Villages, New Delhi:OUP, p. 120. originally published in 1994). 15 Even the parents often neglect 12 Malcolm Darling, Wisdom and Waste, their girl babies. p.131. 16 F.L. Brayne, Better Villages, p. 13 See for detail, The Hartog 121. Report. 17 Ibid., pp. 124-25. www.ijar.org.in 27

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] their mothers who did not encourage harder than any the world’ ‘Yes, they them to escape the drudgery which work very hard, said Captain. Those fell to their own lot.18 who do not live in Rohtak say you There was yet another possible work your women like slaves, and source of opposition to higher that they have no time to look after education for girls. It was feared that their children.’ ‘No, not like slaves,’ it will mean more competition still said the captain deprecatingly, but it for the few available jobs for the is true there is no one of look after men. In addition to the British the children except the old men, and administrators stated that the all they do is to pat and pet them education of village girls is a great they cry’. He further “Does a woman problem. No country in the world can do all a man does? ‘Yes a women does afford two schools in each village, to all a man does except plough sow and say nothing of the difficulties of thresh for these there is no custom inspection and staff, and yet the and she becomes very strong. Those villagers and loath to send the little who have much cared taken of them girls to school with their brothers. cannot reach the standard of our Village parents would send their girls women.20 When Malcolm Darling quickly enough to a mixed school if asked the Captain, when his wife got the teachers were female and female up? ‘She rises at four and grinds for teachers were a few. And there was one or two hours. When we are all at no custom’ yet for women to teach home, she does ten seers a day, boys in an open school.19 which takes about two hours, and if Now, we will take a look on she has no grinding to do, she says:- women’s work, which they had to ‘I have had no exercise to-day: I perform at home. We can quote the cannot digest.” After the grinding important conversation between the she heats the water for the bath, famous administrator Malcolm milks the buffaloes, clean that house Darling and the retired Captain of the sweepers does they byre and Army of Rohtak district, when he prepares the morning meal. And at said cautiously; ‘it is well known that different times during the day she your women work harder than any spins, draws the water from the will other women in the Punjab, perhaps and brings it in on her head, one pot set upon another’. If women’s 18 Ibid. Husband is away, she employs a 19 Ibid., pp. 125-28. In spite of servant to do it for her’. When does Government’s repeated worry about the she go to bed? ‘At ten. Sir Six hours’ 21 education, we find no better position and sleep is enough for her. it is a matter for deep regret that not 2 To start with marriage, per cent of the females of the Punjab general, but not universal custom province (5 years and over) were literate. prescribed that girls should be Even in 1933 the number of girls at married in childhood, and that school was hardly more than 2 per cent of marriage shall be consummated the female population as against 8 percent for boys. See for detail, Census 20 Ibid., pp. 72-73. Report of Punjab, 1931. 21 Ibid. www.ijar.org.in 28

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] when nature makes this possible or boarders of Punjab said the same. not long after. For centuries The two woman interviewed in a Brahmins have declared that if a girl Muslim village fared a little better were not married before puberty, one, a Muslim was married at 11, and ‘The most terrible punishment would so was her daughter, the other Sikh fall upon all concerned,22 and so jatni, was married at 12…. So this deeply ingrained was that idea that kind of situation of women existed in 1928, Malcolm Darling was during the colonial role. informed that in the eyes of most an IV unmarried daughter of 16 indicated The South-Eastern region underwent some defect in the brain of the some degree of social change over time. parents or their financial position. 23 The term social change has many The result of this attitude was the interpretations. It may be defined, as the existence in India to-day of about process in which there is discernible 12000000 wives and 300000 widows alteration in the structure and under the age of 15 24 on any first functioning of a particular social system. four, in one high school, I met a It asserts that there is some difference Hindu boy of 13 who was living with through time in social behaviour, social a wife only 12 year old, and a Sikh structure and social-cultural values. boy of 16 who had already lost both Social change, therefore, would mean wife and child, and in another, I observable differences in any social found that out of 198 out of 198 boys phenomena over only period of time.25 in the four upper classes 66 were James defines ‘social change as a term married and 26 had started living used to describe variations in, or with their wives. On any last tour modifications of, any aspect of social the first woman interviewed, a Hindu processes, social patterns, social jatni, was married at the age of 4 and interaction or social organization. Merrill her husband was only 9, on age at and Eldredge state that ‘social change which she ahd recently married her means that large numbers of persons are eldest daughter. The second woman, engaging in activities that differ from also a Hindu Jatni, was married so those which they or their immediate young that she could not remember forefathers engaged in some time before.’ coming to her husband’s home. A Davis says that social change meant only Muslim woman met later on the such alterations as occur in social organization, that is, structure and 22 Farida Hanswirth, Purdah functions of society. (1932), p. 53 Quoted by Malcolm Darling, Wisdom and Waste in the Punjab Villages. 25Encyclopaedia of Social Change, Vol. 23 Malcolm Darling(1934), Rusticus edited by Laxmi Devi, New Delhi: Annel Loquitor, London: Oxford, , p.40, (cited Publication, 1996, pp.1-2; and see also, hereafter, Rusticus Loquitor). Encyclopaedic Dictionary of Sociology, 24 K.C. Yadav (2002), The Little Vol. IV, edited by B.B. Sharma, New Republics, Social Economic Life and Delhi: Annal,1992, pp.874-76; and The Change in Haryana Villages, Gurgaon: Penguin Dictionary of Sociology, New Hope India Publication, p. 100. Delhi:Penguin Books, 1984, pp.193-94. www.ijar.org.in 29

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As a result of these various factors a indication of improvement in the homes cumulative process of change started to as air, cleanliness, tidiness in the home; become visible by the 1930s and 1940s. chimneys for the home smoke; tasteful This change was physical, as seen in the pictures and simple and homemade construction of houses and material decoration; flowers in the courtyard; goods, and also ideological in thinking, clean, well kept, orderly; healthy, happy attitudes and customs. Villages now children (but not loaded with trinkets); expanded in size and land use pattern regular well cooked meals and an orderly within them altered. Many instances home regime.32 The walls of the houses were noticed when zamindars encroached were well plastered-the re plastering the shamlat land. The manure plants having been done every year after the were no longer in the middle of the spring harvest- by most people except to village but on the shamlat (common land) the Rajputs. The houses were very clean just outside it. As there was not enough except where the cattle lived.33 Furniture common land their manure across the also changed within the houses. The nullah (there was a broad ditch poyarids previously used, charpais (bedsteds), away).26 Previously most of the houses in ‘morahs’, ‘peerahs (small stool) and tats the villages were constructed with mud,27 were replaced by chairs, tables, benches, but by the mid twentieth century being stools initially by the retired Army those was replaced by ‘pucca’ houses Officers and government employees and made of small bricks. later by other people. Cooking vessels and Malcolm Darling also remarked that other utensils were replaced with near Ladwa, we noticed in a Jat village a crockery and glass vessels. These new pucca house, which was evidently new.28 western items may not have been The landlords and baniyas lived in larger common but familiar to rural society. home. Baniyas lived in ‘Havelis’. The There was some change in the dress homes of the menial castes were still of of the mid twentieth century. The most mud but some peoples of those castes had significant change was from homespun to also the ‘puccas’ houses.29 The one thing, machine-made cloth.34 Men wore a which we have to remember about the homespun cotton sheet (chaddar), and pucca houses that these houses were, dhoti, (white sheet) but wore mill made which were different from the bricks, we shirt below; and all had mill-made 30 used in the present day. The pucca and even kachcha houses had pucca paving 32 F. L. Brayne, Better Villages, pp. 21-22. 31 and drains. The things which were the 33 M. L. Darling, Rusticus Loquitor, 99- 101. 26 M. L. Darling, Rusticus Loquitor, p.69. 34 As long ago as 1887 the Settlements 27Ibid., 4. Officer wrote that the mass of the 28 M. L Darling, Rusticus Loquitor. agricultural population ----do no spend 29Interviewed with Jahangir, Village, much on food, but the expenditure on Jani, District Karnal, Age, 71 on clothing has risen greatly. Because the 25.1.2005. people have largely given up their coarse 30Interviewed with Kishan Chand, Village homespun for inferior English Cloths’. Khalila, District Panipat, age 76, on Assessment Report of Jagadhri Tahsil of 7.8.2004. Ambala District, 1887, p. 40: the Jagadhri 31 F. L. Brayne, Better Villages, pp.16, 33. Tahsil merged with that of Naraingarh. www.ijar.org.in 30

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] puggarees. In addition to, they began to Life style was also changed due to use socks, muffelers, caps, pants and education and now replacing particularly hats. The women’s dress was not away the service in the administration and from the wind of change. The woman army. A degree of varieties in general wore very little homespun (khaddar), behaviour and discipline became noticed preferring the more delicate machine by the mid twentieth century. The people made tissues; but they still spun the yarn seemed to be ‘civilized’ as ‘tu’ was for other household uses and wove for replaced by ‘aap’ and ‘ji’ began to use in their own household use.35 British general behaviour. The English words manufactured goods like high heel found their way in local wording as plate, sandal, toys, shoes, cup plate were table, school, college, good morning, good demanded. man, car, bus, jeep, trolley, tractor, The changes in food was also noticed commission, minister, tobacco, snuff, in 1930s and 40s. Not much wheat was petition, promotion, officer, rank, eaten daily but the guests were served selection and member.41 this superior cereal.36 In summar the In order to measure the rigidity- staple crops were barley and gram, and in flexibility dimensions of the caste system winter bajra37 and jawar.38 It was prevailing in the rural society, it can be significant to notice that peoples ate said that, in a majority of rural South- missi roti (mixture of barley and millet).39 East Punjab the social distance between There seems to be some improvement in high and low castes had to some extent rising of the standard of living that in been narrowed in1940s, but 1933 one of the Zaildars had started untouchability still prevailed in the growing carrots for home consumption. society. Where the Arya Samaj had been In addition to potatoes, tomatoes, lady at work, it was going out with the new finger, brinjal also started to be generation, and men were becoming more cultivated. Chatni (sauce) and achar slightly more broadminded on this (pickles) were also used in a great deal. subject.42 The traditional pattern was Two further changes may be noted: Tea however, common. ‘We must not enter was introduced as new item in the local the Zamindar’s house: we wait outside menu, and was drunk by Hindus and and call; if not one comes, we come back Sikhs, while serving during the when someone is there. If the Jat war.Huqqa was replaced by biri and happened to touch the chamar then Jat cigarette (smoking items).40 washed his clothes and bathe. This was 43 not only Karnal but also in Rohtak. 35 M. L. Darling, Rusticus Loquitor, pp.70-71. 36Interviewed with Jahangir, Village Jani, 41 K. C. Yadav, Haryana: Itihas Evam Karnal, on 25.1.2005. Culture, pp.329-30. 37 Spiked Miilet (Holcus spicatus). 42 Similar views are taken from 38 Great Millet (Holcus Sorghum). Dharamvir Arya, Arya Samaji and ex 39Interviewed with Deshraj, Village Senator, whom continuously discussion Khalila, District Panipat, Age, 80, on by me on the role and relevance of Arya 7.8.2005. Samajh at Chandigarh. 40 M. L. Darling, Rusticus Loquitor, 43 M. L. Darling, Rusticus Loquitor, p.136. pp.62, 94-95. www.ijar.org.in 31

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The menial’s position was not too overall factors of the colonial milieu a bad and was rapidly improving.44 The cumulative process of change started to tanner, the carpenter, and the blacksmith become visible by the 1930s and 1940s. had all greatly improved their position: These changes were both physical as well the sweeper too could earn more, but he as ideological. Physical change was as was an extravagant fellow and spent all seen in the construction of houses and he got. The barber and the carpenter material goods available such as kitchen might now be found amongst the money- equipment and furniture. The kucha lenders. The dhobi or washer man was houses began to be replaced by pucaa doing as well as anyone, for far more houses in some places. The new western washing was done-probably twice as items like cups, plates, tables, chairs, much as before.45 high heeled sandals may not have been The landlord’s condition was more of common but were now familiar to rural less improved from the nineteenth society. The most significant change was century, but the enquiries (1930) from home spun to machine made cloth. suggested that in the last ten year there British manufactured goods were in had been no marked change for the demand. better. There were the land lords who Several changes in attitudes, thinking were both good and bad. The reason for and customs became visible in food, dress this was that the ordinary word for ‘good’ and social behaviour. New food items in Hindi-achcha-had no moral started to be used for example, vegetable significance, but only material, the and tea. There was some change in condition of a village moneylenders was apparel for men with the adoption of also decreasing. ‘These are not days,’ he trousers, hats, shirts and a hosiery items grumbled. The old days were better.46 like gloves, socks and mufflers. In the Especially was it so with the Rajputs, the social sphere, English words found their Sainis were honourable me (sharif)–this way in every day parlance. Mobility and was a complement of their surroundings- social space, especially for girls, increased and paid back something. ‘It is very to some extent. The traditional lower difficult now days to get anything back groups also became mobile and track to from the Zamindars’.47 As a result of the new occupations. The distinction of caste saw, however, a minimal degree of 44 F. L. Brayne, Batter Villages, 1937, 26. change. Social customs also reflected 45 M. L. Darling, Rusticus Loquitor, pp. subtle changes with the passage of time 65. and the impact of colonial rule. 46 There was a popular saying about the V village money-lenders in this respect. ‘ In spite of these rigid and customary Tuta Baniya jab janiye jab Kahe purani situation prevailed in the patriarchal bat. (You may know a Banya has come to society, we find some kind of social a grief when he talks of old times.) Final change in the first half of the Report of the Revision of Settlement of twentieth century. Now the women the Sirsa District, in the Punjab, 1879-83, began to wear the homespun 48 Calcutta: Calcutta Central Press, 1884, (Khaddar). Also professing the more XXII. 47 M. L. Darling, Rusticus Loquitor, pp. 48 This was very famous in women 65-95. and men as well, and Gandhiji’s idea was www.ijar.org.in 32

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] delicate machine made tissues; but advantage of this and of their holiday they still spun the yarn for other from filed work to spin yard for their house uses and wove for their own daughter’s trousseaus’.51 house hold use. British manufactured Now, the mentality of men, goods like high heel sandal, toys, somehow, changed also as far as shoes, cup plate were demanded as concern to the burden of women’s the proverb says’ when a woman work. The men began to try to demands.49“Onchi Edhi Boot Vilayati change this, and observed ‘yet’ if in a Paharan Khatir Lyade” house there are only man and wife, (Give me high heel sandal from she must help him in everything, or England). the work will not be done’. Out of The women were beginning to doors, all that the wife of a Sikh Jat talk about demerits of the purdah does was to take her husband his system. It was not quite so strict morning meal in the fields, pick the with Hindus, who allowed their cotton bring in and chop up the women folk to visit each other. When fodder, and the make the dung-cakes. asked, why Hndus kept pardah they The latter were less used than before replied that it was due to their and need not, he thought, be used at ancertor (buzurgon bi baat). The all for the milk could be kept warm Muhammad women had rigidity with a wood fire. The mobility and about purdah because they believed sphere of women somewhat enlarged. It it was bound with Koran.50 was due to education system because the Few families had given up spinning, girls had to step out from their village for but most were working their wheels education to nearby villages. They were harder than before. In more learning a lot from education through prosperous time,s the clothes which society could change and it requires for the bride and mother in impacted the women to a marginal law and obtained from the Bazaar, degree. but many now cannot afford to get Pardah was followed anything in this way. Cotton, too, consistently but one change we can was cheaper than it had been for see that the people began to talk years, and women were taking about the demerits of this system. When one Rajput admitted that it so prominent. This was a famous saying was so difficult for women in pardah in 1930s and 40s that’ Jisne kata na sut, to be healthy. As one of the Rajputs uska Marega put (Spin the khaddar said:We are five brothers and five otherwise you son will die). Interviewed workers in the fields; but if were no with Janki Devi, Age 85, H.No. 929, Sec. purdah, we should be ten workers 10, Panchkula on 10th Jan. 2007. and there would be someone to bring 49 M.L. Darling, Rusticus Loquitor, us our roti. Now we have to return to pp. 70-71. our houses to eat, and we must even 50 For details see, Mahender Singh, Agriculture and Agrarian life in the South-East Punjab, 1858-1947, unpublished Ph.D Thesis, PU., 51 Malcolm Darling, Wisdom and Chandigarh, 2007, pp. 248-49. Waste in the Punjab Villages, P. 170. www.ijar.org.in 33

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] carry on our heads the wood for the In addition to, some kind of fire.52 change can be seen in education The women in the two villages which could be main factors for (Thanesar Tahsils) did not work in social change. As far as concern to the the fields beyond picking the cotton education of women in this sub-region, and taking the men their rote. They the scenario was very much depressive in did not even draw water if there was the late nineteenth century, however, a water carrier to do it for them, nor some kind of improvement can be seen in do they chop the fodder, but they the early twentieth century. This could made dung cakes and sweep out their be possible when the British Government houses. This was in strange contrast and their administrators began to take to the Jat women of Rohtak, who interest in this social evil. The British worked harder than any other administrator, like F.L. Brayne, an women in the Punjab. It was enlightened deputy commissioner of probably due to the fact that this Gurgaon, once said, “If a boy is tahsil (Thanesar) marched with educated, only one person is Ambala and was under the influence educated; but if a girl is educated, a of the pardah nashin Rajputs53, just whole family is as the Karnal Tahsil is affected by its educated”.55Consequently, there were proximity to Rohtak. A zaildar of the only 465 female students in 1860, Karnal tahsil told me to-day that in which increased to almost double to his circle the women did more field 968 in 1900,56 and Ambala, Gurgaon work than sound here, and this was district enjoyed a better position.57 In because marriage had brought 1951, the situation was more amongst the women form the improved and the strength of girls direction of Rohtak who had a higher students reached up to 50 thousand, standard of work.54 but not so satisfactory.58 The main factors of social change in the modern times can be identified as 52 Malcolm Darling, Rusticus western education, growth of modern Loquitor, PP. 64-65. 53To make matters worse, the Rajputs 55 F.L.Brayne (1927), Village Upliftment regarded his izzat(honour)forbade him to in India, Allahbad, p.3. take any help from his wife. In Indian 56 As compare to, the School decreased village life, pardah was the hallmark of from 33 to 29 during this time. the ‘lady’, and in pardah, therefore, the 57 The figures have been taken from the Rajput’s wife remained. She could do Administration Reports, Education nothing outside the house, and very little Reports and Census Reports of Punjab within. She could not even draw water for the concerned years. from the well and being a ‘lady’, must 58 Excluding primary students; see for have help her in all domestic tasks. This detail, K.C.Yadav (2002), Modern was example of feudal mind set in the Haryana, New Delhi: Manohar, p.258. concern caste. For detail, see, Malcolm Darling(1928), Punjab Peasant in Prosperity and Debt, Delhi: OUP, 54 Ibid., p.98. www.ijar.org.in 34

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] technology, industrialization, urbanisation and rise of political consciousness. In the South-East Punjab, three factors are seen to be more operative education, socio-religious activity, and print medium, which were responsible for social change. The colonial milieu which introduced a new administration and economic framework also contributed to this change. VI. Conclusion To conclude, the social change of the women during colonial period saw a slight change. As far as concern to the change as a whole, we find some changes in men’s behaviour, life style, education. So far as concern to the social changes of women, it could be in a better position if some factors would not have been existed namely; patriarchal notions, drudgery homework, no encouragement from the parents side, competition in the men’s job, early marriage, purdah system, lacking in implementation of government policy (relating to education), separate schools for girls, lacking of women teachers, were among the factors, by which the social change could not be in a good shape.

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Development of Shredder for Making FYM in to Available form of Manure 1Vinayak.M., 2Ramana.C. 1 student 2Principal scientist, Department of agricultural RARS, Tirupathi

ABSTRACT

Present study was carried out to study the physical properties of FYM and its disintegration due to the developed shredder operation The physical properties found in FYM like moisture content, bulk density, angle of repose and coeefiecnt of friction and sieve analysis of FYM at different depth of manure pit were 61 % db 20 % wb,0.650 g cm-3,71.03 and 340 respectively. The initial bulk density form before the operation 0.650 kg/m3 and clod size is major at 70 % at 50 mm screen opening after shredder operation the bulk density decreases 0.250 kg cm-3 and 40 % of FYM retained less than 10 mm sieves at the shredder speed is 255 RPM. The developed shredder was successful in reducing 70 % aggregation size from >50 mm to < 10 mm which is desirable form of FYM application.

Introduction physical properties like soil structure, bulk density, infiltration, porosity and In India precision forming water hold capacity and natural activity. includes precise nutrient management. It also provides a source for immediate Organic food generation in country twice supply of nutrients and slow releases of to 3.8 million tonnes in 2010-2011 nutrients as well. It also lower the pH of (Anonymous, 2011). The organic area in soil and reduces the water and wind India is 2.5 million hectares erosion. (Bhattacharya and Chakraborty, 2005). In India production and The organic farming is gaining the accessibility of FYM is about 2850.503 improve in which chemicals, synthetic lakh tonnes which be extra as compare to fertilizer, and growth regulators (Anon, other manure production (NCOF, 2012). 1980). The various concepts to ensure soil The FYM consists almost all the essential health like revaluation, manuring, nutrients required for soil, help them application of compost mulching etc. maintain C: N proportion in the soil, organic forming significant job to increases the fertility and soil's physical improving the physical properties, and biological characteristics. Nutrient expanding soil aggregation, water holding contents of FYM are 0.5% of Nitrogen, capacity, hydraulic conductivity etc. 0.2% of Phosphorus, 0.5% of Potash and (Singh and Thomas, 2010). As agriculture Moderate Micronutrients (Reddy Y.T is facing the issues of loss of fertility, soil 2010). The charenge faced during degradation and soil health, the spreading of manure differs from that of consumption of FYM as organic materials other fertilizer not only with respect to is the best mode to recover it. It the rate to be applied per hectare, but increments improves ment of soils also in respect non-uniform in size and www.ijar.org.in 36

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] major portion of large lumps. In general characteristics, three depths of manure aspiration for any field getting manure pits viz., 0-20, 20-40, 40-60 cm collected should be how many tons of manure and were used. The detailed procedure should be applied to a known area and to for the measurement of physical apply the manure as uniformly as properties of dry FYM was described possible. It is the eco-friendly bio- fertilizer for the highly polluted modern Moisture Content era. Today’s farmer needs machinery which can spread the manure effectively FYM samples of each 10 g were taken in a known weight of container and with lest cost with consumes low power. 0 Hence this paper aims in studying the placed in the hot air oven at 105 C and effect of shredding in disintegrating dried for 24 hours this procedure lumps in to amiable size replicated three times. Dried samples MATERIAL AND METHODS along with containers were weighed and noted down. Moisture contents of The FYM is heterogeneous samples on wet basis were measured by mixture and its moisture content varies using the formula. at different depths stored in manure pits. % Moisture content (wet basis): For measuring the physical

(weight of undried sample) − (wieght of dried sample) = Weight of undried sample

Dry matter content: The dry The bulk density of the manure is matter content (solid matter content) of expected to have an effect on the the manure represents the proportion on spreading distance, clod size distribution a mass basis of the dissolved and and application rate. The bulk density suspended materials in the manure. was found out by measuring the volume Manure gradually becomes non- of given weight of the sample. It was Newtonian with increasing total solids calculated by mass of manure (kg) by content (Lague et al., 2005). volume of cylinder (m3). The bulk density It is expressed using the formula as: of the FYM was determined by using the standard procedure. A core sampler of 9 Dry matter (%) = 100 - Moisture content cm diameter and 12 cm height was taken of manure (%). and driven vertically into the pit by gently hammering the wooden plate Bulk Density placed over it. Weight of the sample in cylinder (Kg) Bulk density (kg m) = Volume of the container (m)

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Fig. 1 Apparatus for measuring moisture content and bulk density

Coefficient of Friction Coefficient of static friction is measured by using inclined plane method. Coefficient of static friction of FYM is measured for plywood, galvanized iron and tarpaulin sheet The coefficient of static friction was calculated as the tangent of angle of inclination (α) and is given by the following equation.” μ = tan (α)

Fig. 2 Apparatus for measuring Coefficient of static friction

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Determination of Particle Size Distribution Unlike soil sample sieve analyser, a modified soil sieves shaker and a screen set were used to determine the larger particle aggregates size distribution of FYM samples. Collected sample of FYM was weighed and pass through a different set of sieves. Aperture size of sieves was range 50, 40, 30 20 mm and less than 10 mm. The samples were placed on the top screen and shaken for 90 seconds as shown in Fig.1 FYM retained on each screen was weighed on a laboratory scale. The weight of the FYM retained on the each sieve was observed and tabulated. The same procedure was repeated for all the treatments by operating at desired levels.

Fig. 3 Apparatus for measuring the sieve analysis

Development of shredder for FYM designed to pulverize or make in to aggregates smaller particle/slices before application. The main challenge of application of FYM in the field is spreading from the Spreader Unit heap and pulverizing FYM lumps in to small pieces and shredding. These lump Shredding is the process of size vary from 10 mm, 400 mm is applied mechanically breaking down the as it is (in lump form) this nutrient congregated bulk amount of FYM in to a exchange in to the soil will take even one much smaller particle size. The season. To get benefit out of the FYM mechanical aeration allows for better applied it is dire essential to make in to volatilization by reducing the particle size the smaller particles and spread in the and thus exposing more surface area to field (Manishasahu, 2020 and Khaffaf. A. the atmosphere. The mechanical 2008). Hence the shredder unit is shredding unit was designed and consists of beating roller, beating element and www.ijar.org.in 39

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] deflector. The beating roller consists of shredding area power transmission for 22 mild steel flanges at four rows with the shredder unit was connected through equal spacing around roller apart from gearbox output shaft through belt pulley four rows, two rows consists of 6 flanges and optimized. The speed of shredder remaining rows with 5 flanges at equal roller was varied for the better spacing. The beating roller diameter 150 performance of unit. mm with 1800 mm length. Provision was Beating element: made to fix 22 numbers of elements with The flexible MS chain was used 4 inch length on the flange by using bolts as beating elements. This chain consists and nuts. The entire assembly was of each link 25 mm length diameter 5mm mounted on the above the main frame the length of the chain (2,4 and 6 links) using thrust bearings at height of 300 were selected for study and optimized mm the shredder from the main frame. through experiments conducted to final The shroud fixed with a metal sheet the effects of beating element length on 1800 mm × 470 mm around the the parameters of the FYM.

Fig. 4 Beating roller and beating mounted on the main frame CAD view

Fig. 5 Beating roller mounted on the main frame

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Fig. 6 Housing The power for the shredder unit was transmitted from the tractor PTO. The drive from the PTO (540 ± 10 RPM) was transmitted through the gear box to V belt pulley. The speed was further decreases from output shaft of gear box.

RESULTS AND DISCUSSION

Physical and Engineering Properties of FYM

The various physical properties of the FYM were measured and the average values are tabulated. Table 1. Physical and engineering properties of FYM

S. No Physical properties of FYM 1 Moisture content (%) 40 2 Dry Moisture content (%) 60 3 Initial Bulk density (g cm-3) 0.610 4 Angle of repose (degrees) 48.5 5 Coefficient of friction 0.87

Particle size distribution of FYM The sieve analysis of the FYM aggregates was measured as discussed in previous section and the average values are obtained. More than 70 % of the material retained over 50 screen opening. That clearly indicates that the FYM aggregates need to be pulverized before application for better ionization and nutrient enhancement.

The developed shredding machine was experimented with selected variables like beating roller speed, (25 mm) beating element length (3 levels). The data was analysed and values were depicted and tabulated.

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Effect of Machine and Operational Parameters on Bulk Density shredder speed at 180 RPM The mean bulk density obtained for the different treatment combinations at 100 mm discharge gate opening and 2, 4 and 6 (chain links) beating elements are used. It was observed that the bulk density decreased number of chain links. The lowest bulk density of 0.512 g cm-3 was obtained at 100 mm discharge gate opening and 4 no of chain links. Table 2. Mean bulk densities at shredder speed at 180 RPM

Shredder speed No. of chain R1 R2 R3 links 2 chain links 0.521 0.530 0.536 180RPM 4 chain links 0.515 0.512 0.517 6 chain links 0.516 0.528 0.532

4.4.2.2 Effect of Beating rollers and Operational Parameters on Bulk Density shredder speed at 255 RPM The mean bulk density obtained for the different treatment fixed discharge opening and 2, 4 and 6 (chain links) beating elements are used. It was observed that the bulk density decreased number of chain links and increased shredder speed. The lowest bulk density of 0.503 g cm-3 was obtained at 100 mm discharge gate opening and 4 no of chain links. Table 3. Mean bulk densities at shredder speed at 255 RPM

Shredder speed No. of chain R1 R2 R3 links 2 chain links 0.614 0.600 0.549 255 RPM 4 chain links 0.511 0.503 0.508 6 chain links 0.568 0.611 0.623

Optimizion of Beating rollers Speed for Minimum Bulk Density

Based on the experimental results, the treatment combinations of fixed discharge opening and 4 no of chain links yielded minimum bulk density presented in Table 4. Table 4. Best combination beating roller speed and beating element length for minimum bulk density

Shredder speed No of chain links R1 R2 R3 180 RPM 4 chain links 0.515 0.512 0.517 255 RPM 4 chain links 0.511 0.503 0.508

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Effect of beating rollers and operational combinations at 75 mm, 100 mm and 150 parameters on clod size distribution mm manure discharge gate opening and 2, 4 and 6 beating element length are The influence of the beating shown in Table 5 and Fig 8 It was rollers and its operational parameters observed that the increase shredder RPM viz., beating roller speed two levels (180 and number of chain links increased the and 255 RPM) and three levels of percentage of minimum clod size beating element length (2 links, 4 links distribution ranging from less than 10 and 6 links) through 100 mm manure mm. It was observed that highest discharge gate opening were observed. percentage of 16 % of minimum clod size Percentage of different sizes of clods distribution in the range of less than 10 aggregate was analysed and tabulated for mm was obtained at 100 mm discharge different combinations and trends are gate opening and 4 link element. Smaller depicted through graphs. manure particles have more surface area resulting in easily availability of Effect of Beating rollers and Operational nutrients to the micro organisms Parameters on Clod Size Distribution (Sherman, 1999 and Rynk, 1992). This is beating roller speed at 180 RPM mainly due to throwing action of the chain links. The percentage of different clod sizes obtained for different treatment

Table 5 Clod size distribution at beating roller speed 180 RPM % of FYM Retained on the Sieves shredder speed at 180 RPM Screen opening size 2 chain links 4 chain links 6 chain links 50 mm 62.66 48.4 34.66 40 mm 12.16 17.4 20 30 mm 12 14.93 15.33 20 mm 8 3.13 20 < 10 mm 5.66 16 10

100 50 mm

50 40 mm 30 mm

sieves 0 2 chain links 4 chain links 6 chain links 20 mm % of material % material of retained on the retained Beating elemnet length < 10 mm

Fig. 8 Clod size distribution at beating roller speed 180 RPM www.ijar.org.in 43

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Effect of Beating Rollers Speed of 255 clod size distribution ranging from less RPM on Clod Size Distribution than 10 mm. It was observed that highest percentage of 57.66 % of minimum clod The percentage of different clod size distribution in the range of less than sizes obtained for different treatment 10 mm was obtained 4 link element. combinations at fixed discharge gate Smaller manure particles have more opening and 2, 4 and 6 beating element surface area resulting in easily length are shown in Table 6 and Fig 9. It availability of nutrients to the micro was observed that the increase shredder organisms (Sherman, 1999 and Rynk, RPM and number of chain links, 1992). This is mainly due to throwing increased the percentage of minimum action of the chain links.

Table 6 Clod size distribution at beating roller 255 RPM

% of FYM Retained on the Sieves shredder speed at 255 RPM 10 cm opening 2 chain links 4 chain links 6 chain links 50 mm 47.66 13.2 8.06 40 mm 13.33 11.73 10.2 30 mm 12.66 18.66 10 20 mm 10 12.13 14.06 < 10 mm 16.33 57.66 43.93

Optimized Beating Rollers Speed and Beating Element Length Percentage of 0 to 10 mm Clod Size Distribution.

Table. 7 Best combination for minimum percentage of clod size distribution

Beating roller speed No of chain links 2 chain links 4 chain links 6 chain links 180 RPM 5.66 16 10 255 RPM 16.33 57.66 43.93

From the above table it is evident percentage of smaller pieces, where as the that the among selected speeds 180 RPM 2 links length than 6 link lengths larger and 255 RPM the maximum percentage lumps are retained. of small particles found in 255 RPM. This may be due to the high impact force CONCULUSIONS developed due to peripheral velocity (2 m/sec). it also observed from the data ` The physical and engineering that among the lengths of beating properties of FYM used for the elements 4 links lengths created more experiment were measured the moisture www.ijar.org.in 44

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] content is 40 %, dry moisture content is Manishasahu.,Victor V.M., Ajayverma 60 %, initial bulk density is 0.610 g cm-3, and Sunilagrawal 2020. Study on physical angle of repose is 48.5 degrees, coefficient and frictional properties of farmyard of friction is 0.87 and sieve analysis is manure (FYM) to develop mechanized more than 70 % of the material retained application and handling unit of FYM. over 50 screen opening. The Pharma Innovation Journal 9(1): 101-107. Bulk density decreased with Reddy, S.R.2005. Prinaciples of increase in shredder rpm and number of Agronomy. Kalyani Publisher, Ludhiana. chain links. The lowest bulk density of 0.503 g cm-3 was obtained at beating Rehana Rasool, Kukal, S.S. and Hira,G S. roller speed 255 rpm and 4 no of chain (2008). Soil organic carbon and physical links at fixed discharge gate opening. properties as affected by long-term Percentage of minimum clod size application of FYM and inorganic distribution increased with increase in fertilizers in maize and wheat system. beating roller speed at four number of Soil and Tillage Research 101: 31–36. chain links. The highest percentage of Sapkale, P.R., Mahalle, S.B. and 57.66 % minimum clod size distribution Bastewad, T.B. (2010).Performance ranging From less than 10 mm was Evaluation of Tractor Operated Manure obtained at 255 rpm beating roller speed Spreader. International Journal of and 4 number of chain links. The clod Agricultural Engineering 3 (1): 167-170. size distribution obtained at 255 rpm beating roller speed was higher when Singh, H.P. and Thomas, G.V.2010. compared to the clod size distribution Organic Horticulture, principal practices obtained at 180 rpm shredder. and technologies. Westville publishing house, New Delhi 216-221. References Singh, R.C and Singh, C. D. 2013. Choudhary, S.M., Din and Sahu, P. 2016. Development and Performance Testing of Study on Characteristics of Bio slurry a Tractor and FYM for Mechanized Application. International Journal of Innovative Singh, R.C., Singh, C.D. (2014). Design Research in Science, Engineering And and development of an animal drawn Technology 5(5):6734-6738. farm yard manure spreader. African Khaffaf, A., and Khadr, A. 2008. Effect of journal of agricultural research some primary tillage implement on soil 9(44):3245-3250. pulverization and specific energy. Misr Journal of Agricultural Engineering 25(3): 731-745.

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A comprehensive study on Tax on Royalty Mining

Mainan Ray, Teaching Assistant cum Research Scholar in NUSRL,Ranchi

Abstract: The Government provides license to various companies including public sector undertakings for exploration of natural resources like oil, hydrocarbons, iron ore, manganese, etc. For having assigned the right to use the natural resources, the licensee companies are required to pay consideration in the form of annual license fee, lease charge, royalty, etc to the Government. The activity of assignment of rights to use natural resources is treated as supply of service and the licensee is required to pay taxation on the amount of consideration paid in the form of royalty or any other form under reverse charge mechanism.

Introduction: exercises, at the rate for the time being indicated in regard of that mineral. The "Tax assessment from Royalty" has Holder of mining lease is obligated to regularly been an antagonistic issue offer royalty in appreciation of mining including successive adaption under the lease under “Licensing services” for the immediate tax collection system as well option to utilize minerals including its as the aberrant tax collection system. investigation and assessment. It is in the Under the GST system, all the key idea of periodical payments to be made by Indirect assessment enactments are the tenant under his pledges regarding subsumed, aside from few expenses, for the different advantages conceded by the example, obligation on Electricity, lesser. It is gathered by the State Royalty on the extraction of minerals Government from the business from mines, and so on the problems with substances and is payable dependent on relation to GST for the mining business quantum of mineral eliminated/devoured. has consistently been the contesting legitimate moment that comes the ideal As of late, there has been a further erupt opportunity for imposing of the on this front with the mines service assessment. This disarray accompanies taking a gander at the mining business' the disrupted GST rates for the infra proposition to order royaltys from mines works, subcontracted works with as information cost under the Goods and numerous conditions joined to it. Services Tax. There is a solid solicitation from the business if this royalty can be At the point when we talk about the incorporated as a type of info cost. mining business, the holder of mining Whenever sovereignties are considered as lease profits the administrations of the information cost, at that point substances public authority for which the previous would have the option to guarantee the need to pay royalty w.r.t. any mineral advantage of info tax break under the eliminated or devoured by him or by his backhanded assessment system. Likely representative, chief, worker, contract- the bit of leeway is that these enterprises based worker or sub-tenant from the will get input tax break on it likewise, rented territory after beginning of mining justification of royalty under one www.ijar.org.in 46

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] gathering can make the bookkeeping after some time. With the advancement methodology simpler. In this article, an of innovation and the quickly developing endeavour is made to comprehend the volume of business exchanges between idea of royalty, to give a knowledge on worldwide undertakings, the duty the lawful structure identified with specialists have gotten more careful royalty under mining law, to distinguish about the exchanges identifying with the GST suggestions on mining royalty, theoretical resources, which conceivably dependability related therewith and to may fall under the expense net. The concoct end and proposal. elusive property especially royalty has accepted gigantic significance throughout For the most part, royalty is the entirety the timeframe. Royalty payments cannot payable for the option to utilize another attract a service tax liability, nor does it person's property/resource with the end remain the part of VAT any longer. goal of gain. Throughout the timeframe, Generally, royalty is paid for the use of elusive property chiefly, royalty has technology or know-how. Hence, service accepted colossal criticalness. Quickly tax cannot be attracted. Also that under expanding worldwide exchanges in a the GST regime, all the key Indirect tax mechanical progressed climate has made legislations are subsumed, except for few the income and the citizen both careful taxes such as duty on Electricity, Royalty about the connected assessment surge on the extraction of minerals from mines, and throughout the timeframe, has etc. hence there shall be no scope of extended the extent of tax collection from Royalty charges in any previously "Royalty". Its multi-dimensional enacted indirect tax (Service Tax or VAT) character has prompted clashes of feeling but in GST. between the income and the citizen prompting various suits. Types of Royalties A royalty is a payment that a licensee The use of royalties is common in makes to a licensor in return for the situations where an inventor or original utilization of their authorized resource. owner chooses to sell his product to Royalty charges are typically concurred a third party, in exchange for royalties as a level of deals created by the from the future revenues the product authorized resource. In certain may generate. For example, computer conditions, they are set as a fixed cost. manufacturers pay Microsoft Corporation Royaltys are charged on a continuous royalties for the right to use its Windows premise. The sum that the licensee operating system in the computers they should pay is plot in royalty manufacture. arrangement. This understanding likewise indicates how the licensee may However there exists other type of utilize the authorized resource, where royalties as well that may include in it, they can utilize it, and for how long. royalty for construction work, royalty payment for non-renewable resource The requirement for mindfulness with royalties, patent royalties, trademark respect to burden suggestions on pay got royalties, franchises, copyrighted from the utilization of theoretical materials, book publishing royalties, property has fundamentally expanded music royalties, and art royalties. Well- www.ijar.org.in 47

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] known fashion designers can charge Indirect taxes and the authors shall royalties for the use of their names and discuss about the implications of such designs, by other companies. mining royalty under GST regime.

Thus following are the types of Royalty Mining Royalty Construction Royalty: The construction Mining Royalty is paid by the holder of industry is full of fresh inventions and mining lease in common parlance is intellectual property. It is an industry of sometimes termed as seigniorage charges constant improvement and innovation. (royalty). Besides paying royalty the New products, materials, systems and holder of mining lease have to pay royalty technologies are always being developed to the DMF (District Mineral to help builders work faster, more Foundation)59 and NMET (National efficiently and with greater accuracy, Mineral Exploration Trust)60. The royalty while ensuring the buildings they work paid holder of mining lease in respect of on are safer, stronger and of a higher mining lease is classifiable under sub quality. This royalty becomes payable on heading 997337; ‘Licensing services for new technology, product, system, the right to use minerals including its material or design, perhaps incorporating exploration and evaluation’ are covered intellectual property assets like patents, under entry no. 17 of Notification No. know-how and trademarks. For eg. A 11/2017 (Rate), dated 28.06.2017, designer licenses their trademarked attracting GST at the same rate as designs for a stone cladding and curtain applicable for the supply of like goods wall system so that other organizations involving transfer of title in goods, under can benefit from the system, in exchange reverse charge basis. for royalty payments.

Copyright: Copyright provides a legal The Government provides license to right to the author (of his book/s), the various companies including public sector photographer (on his photographs), or undertakings for exploration of natural any such kind of intellectual works. resources like oil, hydrocarbons, iron ore, Copyright royalty is payable by the manganese, etc. For having assigned the publisher (lessee) of a book to the author right to use the natural resources, the (lessor) of that book or to the licensee companies are required to pay photographer, based on the sale made by consideration in the form of annual the publisher. license fee, lease charge, royalty, etc to the Government. The activity of Patent Royalty: Patent royalty is paid by assignment of rights to use natural the lessee to lessor on the basis of output resources is treated as supply of service or production of the respective goods. and the licensee is required to pay taxation on the amount of consideration Mining Royalty: Lessee of a mine or paid in the form of royalty or any other quarry pays royalty to lessor of the mine form under reverse charge mechanism. or quarry, which is generally based on the output basis.

However the scope of this project is 59 Section 9B, MMDR Act, 1957. limited to the Mining Royalty under 60 Section 9C, MMDR Act, 1957. www.ijar.org.in 48

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The term ‘Royalty’ is not defined in notification under HGST Act, 2017 MMDR Act, However, the meaning of the Schedule-I the stone boulders extracted word royalty has been considered in some by the applicant attract 5% GST (2.5% judicial decisions. Many of these judicial CGST+2.5% HGST) as covered under decisions have been summed up in the HSN 2516 (At sr. No. 124 of the judgment delivered by the Supreme notification).” Court in the case of the India Cement Ltd., etc. v. State of Tamil Nadu.61 The 2.GST on Royalty for Mining Lease case was primarily on the legality of the Transfer of right to use goods would cess on royalty. However, the meaning attract GST at the rate, as applicable on and concept of royalty has also been the supply of the underlying goods. discussed in the judgment in an Exploration, mining or drilling services: incidental manner. Although royalty has While the rate of GST on services of not been explicitly defined, the Supreme exploration, mining and drilling of Court held that royalty is separate and petroleum crude or natural gas or both distinct from land revenue and that it is has been kept at 12%, support services to not related to land as a unit. On the other mining, electricity, gas and water hand, royalty is payable on the distribution other than above would proportion of the minerals extracted and continue to attract GST of 18% Hence, it has relationship to mining as also to GST on mining royalty to be paid to the mineral won from the mine under a Government. Thus, royalty is slated to be contract by which royalty is payable on consideration for services being the quantity of the mineral extracted. undertaken by government in the nature They also cited the recent decision by of licensing contractors to explore the Haryana Authority for Advance Ruling in fields. Hence, mining project holder the case of M/s. Pioneer partners,62 would be required to pay GST under reverse charge mechanism on royalty wherein it was held that Royalty paid 63 towards mining rights of stone boulders paid to government. is taxable at 5% under reverse charge as The mining rights so granted are covered under “the services for the right to use under the sub-heading 997337. It minerals including its exploration and specifies ‘Licensing services for the right evaluation, as per sr. No. 257 of the to use minerals including its exploration annexure appended to Notification no. and evaluation’. This is covered under 11/2017- CT (Rate), dated 28.06.2017 is entry no. 17 of Notification No. 11/2017 – included in group 99733 under heading Central Tax (Rate) dated June 28, 2017 9973. Hence, it attracts the same rate of (“Notification No. 11/2017”). These tax as on supply of like goods involving services are not covered in any of the transfer of title in goods as specifically mentioned descriptions of per Notification no. 1/2017, – CT (Rate), entry no 17, and thereby it qualifies being dated 28.06.2017 under the CGST Act, categorized in the residual clause/serial 2017 and the corresponding State Tax number of entry no 17, wherein it has

61 AIR 1990 SC 85. 63 In re NMDC Limited, [2019] 105 62 Order No. HAR/HAAR/R/2018-19/03 taxmann.com 266 (AAR – dated 29th June 2018. CHHATTISGARH). www.ijar.org.in 49

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been specified that the rate applicable for Thus it is maintained that the royalty such service should be of the same rate as paid by the mining lease holder in respect applicable for the supply of like goods of mining lease is classifiable under sub- involving transfer of title in goods. heading 997337, ‘Licensing services for Royalty paid in respect of mining lease the right to use minerals including its provided by govt. is classified under exploration and evaluation’ which Group 99733;64 covered under entry no. 17 of Notification No. 11/2017, attracting GST at the same Group Licensing services for the right to use intellectual property and Heading 99733 similar products Licensing services for the right to use minerals including its 997337 exploration and evaluation Licensing services for right to use other natural resources 997338 including telecommunication spectrum

rate as applicable for the supply of like Further support services to mining are goods involving transfer of title in goods, classified under Group 99862;65

Group Heading Support services to mining 99862 998621 Support services to oil and gas extraction 998622 Support services to other mining n.e.c. For this reason the activities of the under reverse charge basis. mining lease holder come under the definition of a “business” under Section 3.GST implications on Royalty paid to 2(17) of the GST Act. Thus, the lease government for mining holder is liable to pay Royalty under S. 9 of the as well as duty under Sections 9B GST implications on seigniorage charges and 9C of the MMDR Act which (royalty) paid to the government for mandates that the miner shall contribute mining activity has always been 30 % of royalty to DMF and 2 % of confusing for the mining industry with royalty to NMET. This contribution to its never-ending changes in GST rates for both the trust is on account of their the infra works, subcontracted works mining operations being carried out. In with many conditions attached to it. case of failure to contribute to the above Before discussing about the GST on trusts, the business/rights of iron ore Royalty paid by the mining lease holder extraction would legally get hampered. on mining industry, let’s get clear about the seigniorage charges. These charges are kind of royalties. 64 Notification No. 11/2017 – Central Tax (Rate) dated June 28, 2017. As per Mines and Minerals (Development 65 Notification No. 11/2017 – Central Tax and Regulation) Act, 1957, the (Rate) dated June 28, 2017.

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International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] government may permit the contractors the transactions of the applicant as the to carry on quarrying operations on main activity is extraction of mineral ore payment of seigniorage charges – i.e., the for which royalty is paid. contractors will be given the right to use the minerals including its extraction and (b) Section 9(1) of Mines and Mineral exploration upon payment of certain (Development and Regulation) Act, 1957 charges to the government in the name of (MMDR Act) is read with Section9 (2) seigniorage charges. It is a kind of royalty makes it very clear that the royalty is that is paid to the government for payable in respect of any mineral removal or consumption of the minerals removed or consumed by the applicant and is payable based on the quantum of from the leased area. Therefore the minerals removed or consumed. royalty is only payable for the service obtained if mineral is removed from the As per Sec. 7 of CGST Act, 2017, ‘Supply’ land and hence this is not profit a includes all forms of supply of goods or prendre. services or both such as sale, transfer, barter, exchange, license, rental, lease or (c) The meaning and concept of royalty disposal made or agreed to be made for a has been discussed in the judgement of consideration by a person in the course or India Cement Ltd etc. v. State of Tamil furtherance of business. As per the above Nadu67 in an incidental manner. definition of supply, seigniorage charges Although royalty has not been defined will be treated as supply as it is the right explicitly, the Supreme Court held that given in return of consideration in the royalty is separate and distinct from land form of charges collected. revenue and that it is not related to land as a unit. On the other hand, royalty is The applicant in the case In re M/s payable on a proportion of the minerals N.M.D.C. Ltd (GST AAR Karnataka),66 extracted and it has relationship to has raised the issue that Royalty is not mining as also to the mineral won from supply and not liable to tax under GST the mine under a contract by which Act, it was stated that royalty is payable on the quantity of the mineral extracted. Hence, royalty (a) The Lease is for mining of minerals amounts to the consideration payable by and the main product of the mining is the the applicant for the activity undertaken mineral ore. The extraction of mineral by him and is a supply. ore being the main activity and product and the royalty is paid on the activity of Further, as per the sectoral FAQs issued extraction and usage of the mineral ore by CBIC in case of government services, so extracted, this does not amount to an the activity of assignment of any right for additional benefit out of the main exploration of natural resources will be transaction being something else and treated as a supply of services. As per hence the royalty would not amount to entry No. 17 of Notification No. profit a prendre. The judgements relied by the applicant have no application to

66 In re M/s N.M.D.C. Ltd (GST AAR Karnataka). 67 (AIR 1990 SC 85). www.ijar.org.in 51

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11/201768, the rate of GST applicable on In re Pioneer Partners (GST AAR the seigniorage charges, for the transfer Haryana)70 and In re NMDC Limited of the right to use any goods for any (GST AAR Chhattisgarh),71 purpose, is same as applicable for the supply of like goods involving a transfer The royalty paid in respect of Mining of title in goods shall be charged. For Lease is a part of the consideration example, if the royalty/seigniorage payable for the Licensing services for charges are paid for extraction of sand, right to use minerals including then the GST rate applicable on the sand exploration and evaluation falling under shall be considered for discharging GST the Head 9973 which is taxable at the on the royalty amount/seigniorage rate applicable on supply of like goods charges. involving transfer of title in goods upto 31.12.2018 and taxable at 9% CGST and As per Entry No. 5 of Notification No. 9% SGST from 01.01.2019 onwards under 13/2017,69 on services supplied by the the residual entries of Serial No.17 of central government, state government, the Notification No.11/2017- Central Tax union territory or local authority to a dated 28.06.201772. The statutory business entity, GST shall be paid by the contribution made to District Mineral business entity as a service recipient. Foundation (DMF) and National Mineral However, there are certain exemptions Exploration Trust (NMET) as per MMDR available for the services supplied by the Act, 1957 are also part of the government. consideration payable for the Licensing services for right to use minerals The service of allowing the extraction of including exploration and evaluation. minerals, provided by the government to Hence, taxable under GST. a business entity for which certain amount is paid as royalty to the state 4.Applicable GST Rates, Procedures, and government, will be treated as a taxable Concepts supply and GST needs to be paid on the same under reverse charge mechanism by The various activities of mining which is the business entity as a service recipient chargeable to service tax under the at the rate applicable on the minerals current regime would attract tax at the extracted. rate of 15% whereas the supply of these The aforesaid view is also strengthened services under GST would be taxed at the by the Advance Ruling pronouncements rate of around 18% which is higher than in case of – the current tax rate. There would be additional cash form of 3%, with seamless credit available all across the net tax cost

68 Entry No. 17 of Notification No. 70 Order No. HAR/HAAR/R/2018-19/03 11/2017-Central Tax (rate) dated 28th dated 29th June 2018. June 2017. 71 Order No. STC/AAR/09/2018 dated 69 Entry No. 5 of Notification No. 13/2017 22nd Feb 2019. – Central Tax (Rate) dated 28th June 72 In re M/s N.M.D.C. Ltd (GST AAR 2017. Karnataka). www.ijar.org.in 52

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] forming part of the final product should supplier who is not registered under decrease. GST, would be liable to pay GST under reverse charge mechanism. In case of process amounts to manufacture, the rates are as follows: Return filingThe registered person has to file only one return on a quarterly basis CGST: 1% in Form GSTR-4. SGST/UTGST: 1% Royalty

In any other case, the rate will be as Royalty paid on mineral is not subsumed follows: under GST; it will be an additional cost for the business entity. a) CGST: (½) % b) SGST/UTGST: (1/2) % Exemption limit for Tiny & Micro Segment in mining GST is payable separately under CGST and SGST/UTGST by generating a single a) Basic exemption limit is Rs. 20 challan through the common portal lakhs and Rs.10 lakhs in the case of under a single return. special category States. However, a person engaged in making taxable supply Under Composition Scheme and having aggregate annual turnover more than Rs.20 lakhs in any State other As per Sec. 10(1) of the CGST Act, 2017, than the special category States is liable a registered person whose aggregate to obtain the registration under GST. turnover did not exceed Rs.75 lakhs in b) The return has to be filed on the preceding FY, is eligible for paying monthly basis by regular taxable persons GST under the composition scheme. and; c) The quarterly basis for the Input Tax Credit (ITC) taxable person registered under the Under composition scheme, the buyer composition scheme. cannot avail the benefits of ITC because they cannot issue a tax invoice and collect Advance Received taxes on their supplies. The supplier has to issue a “receipt Reverse Charge voucher” for every advance received as per section 31(3) (d) of the CGST Act. GST on reverse charge mechanism is payable under section 9(4) of the CGST An advance the invoice is issued in the Act, 2017 only in case of purchases from same tax period, the advance need not be unregistered suppliers. As the mine shown separately in Form GSTR-1 but owner under composition scheme is the specified details of invoice itself can registered, the recipients need not pay be directly uploaded to the system. GST on reverse charge mechanism. A Details of all advances against which the registered person under GST, receiving invoices have not been issued until the taxable goods (or services) from a end of the tax period shall have to be www.ijar.org.in 53

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] reported on a consolidated basis in Table such government services, if at all, will 11 of Form GSTR-1. As and when the fall on the recipient of such services (ie., invoices against these advances are the company receiving the mining lease) issued, they have to be declared in Form under what is known in Indian indirect GSTR-1 and the adjustment of the tax tax law as a reverse charge mechanism. paid on advances against the tax payable And most importantly, given the large on the invoices uploaded in Form GSTR-1 amounts that are typically payable as shall have to be done in Table 11 of Form royalty/dead rent, the service tax/GST GSTR-1. exposure can be very high.

Refund voucher has to be made for the However, there are strong constitutional full value of advance, including the and legal arguments against the levy of amount of GST in case of no supplies. GST.

As per present provisions, the GST Royalty as tax charged on the purchase of earth moving It is a settled position of law that royalty machinery including tippers, dumpers paid under a mining lease is in the nature used for transportation of goods by a of tax and thus GST/service tax cannot be mining company will be allowed as input imposed on royalty since a tax cannot be credit.5.Constitutionality of GST on in the nature of a payment for services royalties for mining leases rendered by the government.

Payment of royalties to the relevant Judicial orders in this regard governments is a common feature across On the issue of applicability of service tax the entire spectrum of mining leases in on royalty after 1 April 2016, a batch of India (and across the world), irrespective petitions were filed before of the type of mineral. Since the High Court in the case of Udaipur expansion of the concept of taxable Chambers of Commerce and Industry v service under the erstwhile service tax Union of India (2018),73 where the court regime (vide introduction of a negative held royalties paid on assignment of right list-based regime in 2012 and legislative to use natural resources were a amendments in 2016) and now under the consideration and found no illegality on goods and services tax (GST), there has levy of service tax on royalties. However, been a constant tussle between tax the judgment of Rajasthan High Court authorities and mining lease holders as to has been challenged before the Supreme whether the grant of mining lease by a Court, which stayed the payment of government is a taxable service, thereby service tax on royalties. attracting service tax or GST. Since 2012 there have been changes in the taxation It is also worth noting the case, Goa of royalty either in the scope or in the tax Mining Association and Anr v Union of rates. There have been important judicial India and Ors (2017),74 where Bombay developments also in this area.

The reason why this issue continues to 73 Special Leave to bother the Mining industry is that the Appeal(C)No.37326/2017 (SC). statutory liability for payment of tax on 74 WRIT PETITION (CIVIL) No. 435 OF 2012 (SC). www.ijar.org.in 54

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High Court at Goa stayed the imposition On the basis of the above discussion, of service tax on royalties under section 9 assessees can clearly choose to litigate the of the Mines and Minerals (Regulation levy GST/service tax on royalties for and Development) Act, 1957. A similar grant of mining rights under mining stay has come from Madras High Court leases and other comparable too. arrangements.

The power to levy tax on mineral rights While taxability of mineral rights under vests solely with the state governments GST may be a revenue neutral exercise under entry 50 of list II (state list) under for many in the mining industry (since the Indian Constitution. It is noteworthy their output is liable to GST and hence that entry 50, list II has not undergone the input GST on royalties may be any change because of GST i.e. legislative available as credit) but not for players in field to tax mineral rights still vests with the oil and gas sector. The oil and gas the states. sector also operates in a similar constitutional and legislative setup as Further, the power to tax mineral rights other minerals, except that the output of specifically flows from entry 50 list II. In this sector is outside the purview of GST such a situation, power to tax under and thus the GST paid on royalties entry 50 list II being more specific, resort becomes a cost for them. cannot be had to entry 97 of list I and/or article 246A to levy service tax/GST on Suggestions royalties paid for grant of right to mine vide mining leases. The country’s mining sector, distressed by a multitude of levies like royalty and The differences in the concept of fees for contributions to the District Mineral services and fees for license has been Foundation (DMF) and National Mineral constitutionally recognized. Therefore, Exploration Trust (NMET), has royalty payments ipso facto do not advocated a uniform Goods & Services become fees for services as they are in the Tax (GST) to overcome the multiplicity of nature of license fees. taxes.Royalty rates on minerals in the country are the highest among resource- Favourable clarification for alcohol sector rich nations and a cocktail of levies vis a vis Mining Royalty makes India top the list of nations with The GST Council in its 27th meeting on steep effective taxation rate (ETR) on 04 May 2018, approved that no GST was mining. The cumulative effect of leviable on license fees and application royalty, DMF and NMET amounts to fees apropos alcoholic liquor for human 19.8 per cent of the IBM (Indian Bureau consumption and that the same would of Mines) sales price, blunting the also apply mutatis mutandis (once the competitive edge of mining. Miners also necessary changes are made) to the feel this is a case of double taxation since demands raised by service tax authorities royalty is calculated on the average iron in the pre-GST era. The same logic ore sales price published by IBM.In the should apply regarding royalty payments case of iron ore, the royalty rate is 15 per too. cent of the average sale price published by IBM. The rate is the highest in the www.ijar.org.in 55

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] world, eminently surpassing Australia definitions, scope and interpretations of (6.5-7.5 per cent), Brazil (two per cent), royalty to this shift with views and South Africa (0.5-7 per cent) and China positions accepted internationally. Also, (0.5-4 per cent). Besides, the miners are the government has a role to play so to lumbered with DMF charged at 30 per clarify position & bring greater certainty cent of the royalty for older mines and 10 on issues such as: per cent for mines granted through auctions, NMET at two per cent of a) Source rule regarding accrual of royalty and a GST of five per cent. mining royalty whether it should be allowed to substitute input cost, Recently, Federation of Indian Chambers b) Meaning to be ascribed to Mining of Commerce & Industry (FICCI) in a Royalty and tax treatment transactions submission to the 15th Finance incidental therewith, Commission, has asked for bringing c) Methodology to tackle evolving mining levies at par with other mineral- transactions so to avoid double taxations rich economies like South Africa, via. payments made to DMF and NMET Australia and Kazakhstan.

Mining is the most taxed activity in India Since there is no universal rule for compared to anywhere in the world. The deciding the breakup of tax pie w.r.t. ETR on mines granted before the new Mining Royalty under Indirect Taxes Mines and Minerals- Development & (GST) it becomes difficult to decide a fair Regulation (MMDR) Act, 2015 is 64 per allocation of taxing rights amongst these cent while for mines won through tax payers. Historically, it can be argued auctions, it stands at 60 per cent. On a that the taxing rights of the government comparative note, the ETR for Mongolia w.r.t. mining royalty were scattered, at 31.3 per cent is half of India's. Other there was no universal rule for its mineral-rich nations also boast of leviability neither did it emerge from attractive ETR rates- Canada (34 per economic principles but from the cent), Chile (37.6 per cent), Indonesia enactment of Goods and Service Tax that (38.1 per cent), Australia (39.7 per cent) took place in 2017. It took into account and South Africa (39.7 per cent). the considerations that arose from the limitations while taxing mining royalty to Countries competing for mineral sector build a concrete yet unsettled mechanism investments usually offer ETRs in the to verify, determine and collect mining range of 40-50 per cent. But a previous royalty from the mining lease holder. report by PricewaterhouseCoopers (PwC) established that India has the highest government cost of investing in a mining opera.

Conclusion

India is slowly moving from technology importing nation to technology exporting nation. There arises urgent need to align www.ijar.org.in 56

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Availability and Use Pattern of Electronic Information Resources in Selected Engineering College Libraries Affiliated by JNTUH and Accredited By NAAC and NBA in Medchal District, Telangana State: A Study

Kadali Srinivas, Dr. Mothukuri Anjaiah Research Scholar & Librarian Assistant Professor (Sr.Scale) Dept. of Library and Information Science, Department of Library and Information Rayalaseema University, Kurnool. Science Dravidian University, Kuppam, Andhra Pradesh, Nalla Narasimha Reddy Andhra Pradesh Engineering College, Hyderabad

Abstract The present study was conducted among the selected engineering colleges affiliated by JNTUH, Accredited by NAAC and NBA located in Medical district in Telangana state. The main aim of the study is to find out the availability and usage of e-resources and problem faced by the librarians and provides the better suggestions to strengthening the use of e-resources and services effectively. The major findings of the study are, 76.49% of engineering colleges were located in rural areas in medchel district of Telangana State,100% of libraries procure e-journals and CD- ROMs, 94.12% of libraries are having e-books and e-journals, 76.47% of the users were accessing e-resources daily, 23.53% of libraries are using KOHA library management software for house-keeping operations, and Majority (29.41%) of engineering colleges are facing problems “lack of budgetary crunches and lack of ICT skilled library staff).

Key words: NAAC and NBA Accredited Engineering College Libraries, Users, Electronic Resources, Digital Library software.

Introduction needs. Information will communicate widely without geographical boundaries, In this present digital world, computers in terms of saves the time and money. E- are playing a pivotal role at the global resources are providing access to current level in every field of knowledge, information as these are often updated especially, in library and information frequently. Through their search centers, to disseminate the needy right techniques e-resources provide extensive information, right time to the right user. links to explore additional resources or Now, the libraries are converted from related content. Electronic resources are conventional to digital libraries. Today, now used more than print resources. most of the college libraries are providing Most of the library users are have library resources in electronic form for considerable experience with the Internet higher education and research. This and make use of it for much of their electronic information, mostly the College academic work.. libraries are used for their information www.ijar.org.in 57

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The present study is an attempt to Arun Kumar M. & Anjaiah, M. (2018) in availability and usage of e-resources in their article discussed about the use of the selected engineering college libraries, electronic resources by the faculty affiliated by JNTUH accredited by NAAC members, research scholars and and NBA, to find out the availability, professional students at Osmania usage of e-resources and problems faced university, Hyderabad. Out of 200 by the librarians and provides a very questionnaires 165 (82.50%) filled valuable suggestions to strengthening the questionnaires were received, in this 35 e-resources and services effectively in the (70.00%) were faculty members, 42 selected engineering college libraries of (84.00%) were research scholars and 88 the current study. (88.00%) were post-graduates (M.Tech.) students. It shows that the post- Review of Related Literature graduates (M.Tech.) students were higher. A large majority 90.90% of users Anjaiah, M & Lalitha, R. (2020) expressed that they are using eresource focused on the use pattern of e-resources and preparing their project reports by the faculty members, and found that, 39.40% users are using e-resources. A majority faculty are using e-resources for Majority of the users 78.18% preferred e- writing of articles, books, and, also in journals. teaching and research. Based on the findings of study suggested that, KITS Mythili Rajyalaxmi, M.N. and Anjaiah, M. college library needs to acquire more e- (2017) in their study entitled, “Access, databases in computer sciences and civil Use and Level of satisfaction of subjects, as per the demand received from Availability of Electronic Resources By the faculty and also, suggested that need the Students of Kuppam Engineering to provide LAN facility and personal College, Kuppam, Chittoor District, computer nodes to use more e-resources Andhra Pradesh-A Case Study found that at their free time, to deliver a qualitative a majority, 84.8% of the respondents dialogues to the professional students. were utilizing the e-resources for their project purpose and writing the Kumar and Chandrashekhra (2019) study assignments, 64.9% of the student reveals that, 100 percent of faculty respondents were also using members are aware of N-List followed by entertainment purpose, 69.55% were 66.67% of faculty members are use N-List using to apply the online employment. occasionally, 83.33% of the faculty members are access N-List at the library Objectives of the Present Study and the study also found that 50% of the 1. To examine the availability of e- faculty members are using N-List with resources in Select Engineering low speed of internet . Joseph and College Libraries Affiliated by Humyoon Kabir (2017) have surveyed the JNTUH accredited by NAAC and use of e-resources by the PG students of NBA in Medchal District, Telangana English and Malayalam language State. students of Kerala University. The study 2. To find out the frequency of accessing found that JSTOR is the most frequently e-resources by the select sample of used resources by English students. the college libraries, Affiliated by

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JNTUH accredited by NAAC and 5. The Scope and limitations of the NBA in Medchal District, Telangana. Study: The study is limited to Medichel 3. To know the awareness about the e- District of Telangana State.There are resources among the library staff forty (40) engineering colleges were members. established and all they are affiliated to 4. To know the annual library JNTUH, Hyderabad. budgetary provisions in the selected  Among them, twenty (20) Engineering engineering college libraries of the Colleges, affiliated to JNTUH, present study. Hyderabad, were accredited by NAAC 5. To find out the problems faced by the and NBA in Medchal District of librarians to maintain the e-resources Telangana State. in the library.  So, All the NAAC and NBA 6. To suggest proper suggestions to Engineering Colleges, (20) affiliated to improve e-resources in the library for JNTUH, Hyderabad are considered for the benefit of the users. the present study. . Research Methodology 6. Data Analysis and Interpretation For the present study, a questionnaire The data gathered from the was used as a primary research tool, to NAAC and NBA Accredited Engineering collect the required data from the Colleges of Medchel District, of selected engineering college librarians of Telangana State by the researcher, Medchal district of Telangana State. analyzed and clearly presented in the These colleges were selected on the basis following tables and pie-charts to elicit of of NAAC and NBA accreditation. the present study. The following table The questionnaires were distributed to no.1 shows with regard to the selected all the twenty (20) college librarians, and engineering colleges of the present study received seventeen (17) with a response in detail. rate of 80.00 percentage.

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International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected]

Table.2: Gender wise Distribution of Respondents

Gender Respondents of Librarians Percentage Male 14 82.35 Female 3 17.65 Total 17 100 Source: Primary data

Table.2 shows that 82.35% of Librarians are male and 17.65% of Librarian are female. The highest percentage librarians are male.

Table.3: Location of the Engineering Colleges

Location of the Institute No. of Institutions Percentage Rural 13 76.48 Urban 2 11.76 Semi Urban 2 11.76 Source: Primary data Table.3 shows that 76.49% of institutions are located in rural area, 11.76% of institutes are located in semi urban area and urban area. The highest percentage of institutes are located in rural area. Table.4: Location of the Library Location of the Library No. of Institutions Percentage Locate in Separate Building 4 23.53 Locate in admin Building 13 76.47 Total 17 100.0 Source: Primary data Table.4 shows that 23.53% of institutions are having separate library building, and 76.47% of institutes are not having separate liobrary building. The highest percentage of institutes are maintaining libraries in admin block only.

Table-5: Distribution of the NAAC/NBA Accredited Engineering Colleges (N=17) No. of Colleges NAAC GRADE Percentage 12 A 70.60 1 A+ 5.88 1 A++ 5.88 1 B 5.88 1 B+ 5.88 1 B++ 5.88

Table No. 5 shows that the NAAC accreditation status of the institutes. Out of twenty, a seventeen select engineering colleges, 70.60% of institutes are having NAAC www.ijar.org.in 60

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] accreditation with `A` Grade, 5.88% of institutions are having NAAC `A+,A++, B, B+,B++` Grades. The Highest percentage of institutes (12) declared the NAAC Accreditation with `A `Grade.

Table- 6 shows with reared to NBA accredited courses offering in the selected institutions. The GRIET, CMRIT, MRECW institutions (3) were having 100% NBA accreditation courses and; remaining three colleges (3) are not having NBA accreditation. Table-6 College-wise Vs Offering the Academic Accredited Courses

Name Total No. of Total No. of Percentage of the College Courses Offered Accredited Courses

VNRVJIET 9 7 77.77 SNIST 8 6 75 GRIET 6 6 100 NMREC 5 4 80 MREC 8 6 75 SMEC 6 5 83.33 VBIT 6 5 83.33 CMRIT 4 4 100 GCET 5 4 80 ACE 6 5 83.83 MRECW 4 4 100 NNRESGI 5 3 60 KPRIT 5 2 40 HMITS 5 0 0 ATRI 5 0 0 SITS 5 0 0 AGI 8 5 62.5 Table-7 Availability of electronic resources in College Libraries

Type of the E-Resource Total No. of Percentage Engineering Colleges E-Books 16 94.12 E-Journals 17 100 CD-ROMs 17 100 Institutional repository 9 52.94 NPTEL Videos 14 82.35 Source: Primary Data The Table no.7 shows that the availability of e-resources in the selected Institutional libraries. All the (100%) libraries are procuring e-journals and CD-ROMs, www.ijar.org.in 61

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected]

94.12% of libraries are having e-books, 82.35% are NPTEL videos, and 52.94% are institutional Repositories (i.e. question papers, video lectures and study material).

Table-8 E-Journals Subscribed By the Select Engineering College Libraries

Name of the Total No. of Percentage E-Journal Institutions IEEE 8 47.06 ASME 5 29.41 ASCE 4 23.53 Springer 3 17.65 ProQuest 1 5.88 ScienceDirect 1 5.88 N-List 7 41.18 McGraw-Hill 1 5.88 Wiley 1 5.88 J-Gate 6 35.29

The Table-8 shows that the libraries are remaining, 35.29% of libraries were the subscribing online journals, 47.08% of subscribing `J-Gate` Journals. It is found libraries are subscribing IEEE Journals, from the study that all most all the select 29.41% are ASME, 23.53% are ASCE, engineering college libraries were 17.65% are Springer, 5.88% are procuring and providing the e-resources ProQuest, Science Direct, McGraw-Hill to fulfill the needs of their respective user and Wiley Journals were subscribing, community. 41.18% are have N-List consortium, and

Table.9: Frequency of Accessing E-Resources

Frequency No. of Institutions Percentage Daily 13 76.47 Twice a week 3 17.65 Weekly 1 5.88 Source: Primary Data

As per the data shown in the above Table-9 , with regard to frequency of access the e-resources from select college libraries of the present study. Out of 17 engineering college libraries, 76.47% of library users were access e-resources daily, 17.65% are twice a week and finally, a less percentage, i.e. 5.88% were access weekly. The study found that the highest percentage of library users was accessing the e-resources daily. It is a good sign.

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Table- 10: Conducting Information Programs to use of Electronic Resources

Program Yes No

Conducting Information 2 (11.76%) 15 (88.24%) Literacy Program (ILP) Source: Primary Data

The above Table-10 shows that, 88.24% of libraries are conducting Information Literacy Programs on use of e-resources. The highest percentage (88.24) of libraries were conducting such kind of above said programs for the benefit of the users.

Table-11: Using Library Management Software (LMS)

Name of the Software No. of Institutions Percentage KOHA 4 23.53 Libsoft 2 11.76 New Genlib 6 35.30 Libsys 1 5.89 EZSchool 2 11.76 Others 2 11.76 Source: Primary Data It is evident that 23.53% of libraries are using KOHA library management software for housekeeping operations, followed by, 11.76% are Libsoft, 35.30% are NewGenlib, 5.89% are Libsys, 11.76% are EZSchool and other software. This study found that the highest percentage of libraries are using NewGenlib LMS software for house-keeping operations in the select engineering college libraries of the present study. Table-12 Availability of Digital Library Software in college libraries

Name of the software No of Institutions Percentage Dspace 3 17.65 Self developed 11 64.70 No software using 3 17.65 Source: Primary Data Table-12 shows that, 17.65% of libraries are using DSpace digital library software, 64.70% are `Self developed Software` and 17.65% are not using any digital library softwares. It is found from the study that the highest percentage of libraries (64.70) were using their own `Self Developed Software

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Table-13: Library Consortium Memberships

Name Of The Consortium Total No. of Institutions Percentage DELNET 15 88.24 NDLI 15 88.24 E-ShodhSindhu 10 58.82 Data presented in Table-13, shows with regard to library consortium membership of select engineering college libraries. Among all the seventeen engineering college libraries, A highest percentage, 88.24% of libraries are having DELNET and National Digital Library of India(NDLI) memberships and remaining, 58.82% of libraries are having E-ShodhSindhu membership. On the whole, all the select college libraries are have the library consortia membership with regard to e- resources, which is very essential in COVID-19 Pandemic situation Table-14: Library Staff Attending Work-Shop on E-resources No Attending Work-Shops Yes 1 (6%) Library staff attending workshops 16 (94%) Source: Primary Data The above Table-15 shows that, a highest percentage, i.e. 94% of select engineering college library professionals of the study were attending the work-shops on e-resources; and a negligible, i.e. 6% of library staff is not attending workshops. On the whole, a highest percentage (94%) of the library professional personnel were attending and enrich a thorough knowledge on e-resources, to easily facilitate them, to the respective library users of the study.

Table-15 Problems faced in the library for accessing e-resources

Total No. of Type of Problems Percentage Respondents Lack of availability of e-resources, 5 29.41 Lack of sufficient Budget 4 23.53 Lack of ICT skilled Library Staff 5 29.41 Frequently power failure 2 11.76 Lack of Required Number of Computers 2 11.76 Slow Internet connectivity, 1 5.88 Lack of Cooperation from the 1 5.88 Management, Source: Primary Data It is clear from the Table-15, with regard to the problems faced by the respondents, while accessing e-resources in the college library. 29.41 per cent of the libraries are facing problems such as; lack of availability of e-resources, ICT skilled library staff, 23.53% with in-sufficient budget, 11.76% power failure and lack of www.ijar.org.in 64

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] required number of computers in the library, and 5.88% of libraries slow internet and lack of co-operation from the management are the main problems facing by the library user community of the present study. It is pertinent to note that every college of the present study is facing some kind problems while accessing the e-resources by the respondents of the study. Table-16 Level of Satisfaction with regard to e-resources

Type of the Total No. E-resource of the Respondents Percentages (N=17) IEEEXplore Online digital library 17 100.00 ASME 13 76.47 ASCE 15 88.23 Springer 17 100.00 ProQuest 9 52.4 Science Direct 11 64.70 N-List 15 88.23 McGraw-Hill 7 41.17 Wiley 5 29.41 J-Gate 14 82.35 Source: Primary Data

It is clear from the above Table no.5.16 1. Out of 17 engineering colleges, 12 with regard to the level of satisfaction of colleges are have the NAAC “A” grade, the respondents of the present study. A remaining colleges have the grades, such total of seventeen (17), hundred as; “A++” for one college, “A+” is one percentage of the respondents were college, "B" is one college, "B+" is one equally satisfied with the availability of College and "B++" is also one colleges. IEEEXplore Online digital library and 2. Majority of the colleges are not have a Springer databases, followed by, 88.23% separate library building, Only 4 colleges were equally satisfied with ASCE online are having a separate library buildings. database and N-List programmes, 76.47 3. Out of 17 colleges, 3 colleges are % with ASME, 82.35% with J-Gate, having 100% NBA accredited courses. 64.70% with Science Direct and so on. 4. One hundred percentage (100%) of This study found that, all most all colleges have E-Journals; CD-ROMs; 16 select engineering college librarians were colleges are having e-books. satisfied with the availability of the e- 5. A Majority, 47.06% of engineering resources in their respectective NAAC colleges were subscribing IEEE online and NBA Accredited engineering Colleges journals. of the present study. 6. The highest, 76.47% of engineering college users are accessing e-resources 7. The Major Findings of the Study daily. Based on the present study 7. The highest 88.24% of engineering results, the major findings were discussed colleges are conducting Information hereunder in detail. They are: www.ijar.org.in 65

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Literacy Programs for their users to online databases, to provide necessary access e-resources. and also useful current e-resources, to 8. 35.30 per cent of engineering colleges their students as well as teaching faculty were using “NewGenlib” Library including to research scholars, to update Management Software. their skills and current knowledge, for 9. Majority (64.70%) of the colleges is the Nation Development in a broad sense. using self developed digital library References: software, and; only few are using DSpace 1. Anjaiah, M. and Lalitha, R. digital library software. (2020), were conducted a survey on “Use 10. Majority (88.24%) colleges are of Electronic Resources by the Faculty having DELNET and NDLI membership. Members of Engineering Colleges: A Case 11. Majority (88%) of colleges are Study of Kakatiya Institute of conducting evaluation studies on the use Technology and Science (KITS) of E-resources. (Autonomous), Warangal,Telangana 12. 29.4 per cent of engineering college State, Aegeum Journal, 8(10), 1038-1049. librarians was facing the different type of 2. Arun Kumar, M. & Anjaiah, M. problems such as, “lack of availability of (2018). Use Patterns of E-Resources by e-resources and ICT skilled library staff. the Professional Students of University College of Engineering, Osmania 8. Conclusion and Suggestions University, Hyderabad: A Case Study, International Journal of Library and Based on the present study findings, the Information Studies, 8(2), 167- 173. emergence of electronic sources has to 3. Mythili Rajyalaxmi, M.N. and provide to the library users, particularly, Anjaiah, M. (2017) in their study entitled, to improve knowledge and skills with “Access, Use and Level of satisfaction of wide opportunities, to satisfy their Availability of Electronic Resources By information needs. The electronic the Students of Kuppam Engineering resources are better substitute for print College, Kuppam, Chittoor District, resources. The libraries, in the Andhra Pradesh-A Case Study, IJARIIT, educational institutions, should be Vol. 3 (5), 513-18. equipped with required electronic 4. Kumar, Rajeshwar, G. (2017). resources so as to enable its users to Awareness and use of digital library fulfill their information needs. The resources by Faculty members of Awareness Programs, regarding to access engineering college libraries in Warangal of e-resources, shall be conducted by the district of Telangana: A Study. PEARL. librarian time-to-time. So the users can 11 (4); 303-311. easily understand about the e-resources. 5. Joseph, I.Thomas and Humyoon The electronic resources are one of the Kabir, S. (2017). Use of e-resources by important learning platforms in the the PG English & Malayalam students of world. Users are easily can be access and Universities in Kerala. Kelpro Bulletin, fulfill their needs by using the electronic 21 (1); 40-49. resources. So, the managements need to 6. Raghu Varma, K and allocate more budget, especially, to Purushothama Gouda, M. (2017). Usage acquire more electronic resources and and impact of e-resources among the PG also need to take more library consortia students of Goa university. Kelpro subscriptions, to procure more e-resource Bulletin, 21(1); 1-14. www.ijar.org.in 66

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Mental Health- Law and Policy in Covid- 19 Pandemic

Koushik Bagchi, Assistant Professor, National University of Study and Research in law, Ranchi, Post- Bukru, Kanke- Pithoria Road, Kanke, Ranchi, -834006

INTRODUCTION- Covid-19 outbreak 79 MIMHANS, a pioneer in the field of mental health The Covid 19 pandemic has engrossed treatment in India has issued guidelines the entire world Today there are near for treatment of mentally ill during the about 540 4512, positive cases with pandemic80 Be it mentioned here, that the 75 343514 deaths all around the world. In Mental Healthcare Act came into India, there are around 83004 positive existence in 2017, highlighting new cases with 4337 deaths reported till provisions taking into consideration the 76 today .In this situation, mental health human rights aspect of the mentally ill, .services are the fundamental but the fact remains that the statutory responsibility of each and every authorities under the enactment has not government. The situation of lockdown, yet come into existence with its full all over the country has invited colors’. Moreover, the enactment has psychological problems to all age groups been notified by only 19 states in India. in every societal stratum. On the other The Mental Health Policy adopted in hand, the mental health service providers 1982, failed to fulfill the challenges, have also restricted their services to though revived after, it’s still striving counter emergency and essential services hard to meet its goals. Taking into only in order to protect themselves from consideration the budgetary allocation for the pandemic. The government has mental health and the patient established a help-line in order to address psychologist ratio in India, it seems a 77 the issue though the nos. are working tedious task for the government to meet on automated voice. The UGC has also the crucial challenge of Covid-19 established a grievance cell to curtail pandemic along with the increase in down the mental issues of the mental health problems among the students.78The WHO has also addressed population, unless proper awareness the mental health issues during the amongst the public is created, not only regarding the pandemic, but also self- World Health Organization, Situation Report-127, dated 27th. May 2020 Available on https.//www.who.int Ministry of Health and Family Welfare, Mental health and psychosocial Government of India, 27th. May 2020 considerations during Covid-19 outbreak, Available on mygov.in World Health organization, dated 18th. https://fit.thequint.com/coronavirus/covid March 2020, Available on -19-indian-mental-health-helplines last https.//www.who.int.dcs visited on 29th. May 2020l Covid-19 Mental Health Guidelines – No F.1-1/2020 (UGC-TF-COVID-19- NIMHANS, dated 3rd. April 2020, Advisory) dated 26th. May 2020 Available on nimhans.ac.in www.ijar.org.in 67

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] help mechanisms to combat the issues stranded in other state territories84, far related to mental illness. from their home places, or are quarantined by the government in RESEARCH METHODOLOGY- pathetic conditions which rather curing them, exposed them to covid-1985. Some Due to the ongoing lockdown, the were forced to walk down the entire researcher’s research is solely limited to distance between their work place and doctrinal research and secondary data homes86, many of them could not take the collected from various online resources. mental pressure and were forced to Being a faculty member, the researcher suicide due to financial crunch.87 A recent collected a small quantum of data from survey on the migrant workers depicted the students of NUSRL, which is used as that 96% of them did not get ration from primary data. the government and 90% did not receive wages during lockdown.88However, it is Mental Health and Covid -19 – Impact noteworthy to mention here that the upon different sectors of the population- government took few initiatives in order 1. Migrant Laborers- This segment to curve the minus. By declaring the 89 of the society is the worst hit by the covid covid economic package workers. The -19 pandemic. According to the 2011 Indian judiciary also played a vital role in census, there were 454 million migrant improving the condition of the migrant laborers in India, 81 which has doubled in workers, by directing the government not the last 10 years. Poor mental health was to charge any fare in Indian Railways. In found significantly higher among single, order to protect the life of the migrant 90 unskilled, illiterate daily wage labors workers, public interest litigation was 91 with higher years of migration and lack filed in the Supreme Court . In this of housing and sanitation82 The National Crime Record Bureau Report, 2018 has found that 22.4% suicides among daily From dw.com dated 9th. May 2020 wage laborers.83 During the lockdown, Available on – www.thehindu.com dated these migrant laborers along with their 19th. May 2020, theprint.in dated 22nd. families, are starving and jobless, either May 2020 nationalgeographic.com dated 27th. May 2020 www.hindustantimes.com dated 16th. May 2020 https://aljazeera.com dated National Sample Survey Office. 14th. May 2020 Migration in India 2007-2008, Ministry of Available at- deccanchronical.com dated Statistics and Programme 30th. May 2020, india.com dated 20th. May Implementation. New Delhi, Government 2020, of India 2010. Available on thehindu.com dated 20th. Firdaus G. Mental well-being of migrants April 2020 in urban center of India: Analyzing the Available on indianexpress.com dated role of social environment. Indian J 15th. May 2020 Psychiatry 2017, 59:164-9 Available at – thehindu.com dated 28th. National crime Record Bureau. Annual May 2020 crime in India Report. New Delhi, India: Harsh Mander and Anjali Bharadwaj vs. Ministry of Home Affairs 2018 UOI Available at- www.ijar.org.in 68

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] instant matter, the Supreme Court age, the students are incapable to directed to establish help line numbers understand the authenticity of the for the migrant workers. It is noteworthy information displayed on the internet and to mention here that survey conducted by as such are misled to different the Indian psychiatry Society, within a conclusions..The kinder-garden and the week of the state of lock down, the primary level students are facing the number of reported cases of mental most difficult phase of their lives; they illness has seen a hike of 20%. The have been forced to stay at homes instead closure of wine-shops during lockdown of playgrounds and are also subjected to has raised acute withdrawal symptoms the new medium of teaching and resulting in mental health issues.92 Covid- learning. In the free time, the parents in 19 has created stigma against the Covid- order to relax themselves of the burden of 19 patients, who have been evicted from taking these kids to the playground, are their homes out of fear they may be putting the mobile phones in their hands, affected by the disease. where they are exposed to various cartoons, learning filthy language and We are aware that the ratio of wrong pronunciations, and attracting psychiatrists and mentally ill patients is psychological problems such as 9000/1.3billion people, and as such the aggressiveness, depression, stress, gap cannot be prevailed over during this sleeplessness etc.94 The students, who period .the need of the hour is to build are undergoing through their courses, are community based capacity in order to also complaining of mental issues handle local issues after the phase of lock regarding their parental disputes at their down and building resilience amongst the homes.95 They are also facing anxiety adolescents and young children. regarding the mode of online examinations, to be very soon conducted 2. Students- This segment of the in our university, which has become sine- society is second worst hit by the quo-non under the present context. pandemic. Students of all age groups, have stopped going to school, colleges and It has to be kept in mind that the universities, and are going through teaching learning through E-learning can online class on smart phones and laptops only complement but not replace the which has psychological impact and gives direct teaching process. It is just a time birth to other interrelated problems such as sleeplessness, anxiety, stress and 94 depression.93 Moreover, at this tender Covid-19 lockdown: Amid e-learning push parents wary as children’s screen time increases. Available on- https://www.livelaw.in/pdf_upload/pdf_up https://www.hindustantimes.com/india- load372084pdf news/covid-19-lockdown-amid-e-learning- Available on - www.livemint.com dated push-parents-wary-as-children-s-screen- 24th. April 2020 time-increases/story- Sehar Shoukat, Cell phone addiction and ejsLGZz5EiZCLxjThu2H3M.html. psychological and psychological health in published on 5th. May 2020 adolescents, EXCLI Journal Available on 95 E-mails received from the students of www.ncbi.nlm.nih.gov,last visited on 29th. NUSRL on the mail id. Of The Controller May 2020 at 20:43 of Examinations www.ijar.org.in 69

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] gap management. In the present context, women are isolated at home with abusive the whole teaching-learning pedagogy has spouse and in-laws, thus influencing their undergone a tremendous change, not only mental health. According to the National for the students, but also for the faculty Crime Record Bureau (NCRB)97 89,097 members at ever platform. The cases related to domestic violence were educational institutions must upgrade reported in 2018. The National themselves with at least the basic Commission for Women (NCW) infrastructure, to fit under the current registered 587 distress calls or complaints situation. Though the basic between 23rd. March 2020 and 16th. April infrastructural requirement is not too 2020. Out of these, 239 cases were of expensive to afford to, but being domestic violence. The NCW on 10th. stigmatized we are afraid to adopt the April 2020 launched an emergency new mechanism. 96 The mental issues of number on watsapp for women to the students of all classes require to be register emergency complains. Within a addressed at the grass-root level itself, in week, the commission received 40 order to meet out further contingencies. massages alleging forms of domestic violence.98 The increased home-drinking 3. Women- The Covid-19 lockdown or abstinence from alcohol due to closure has affected the mental health of women of local wine shops have made the more profoundly. The socio-economic and situation complex to safeguard the cultural aspect prevalent in India has existing complicated relationships increased the care-giving responsibilities between the spouses. The national of women, with less freedom, space and strategy against Covid-19 suggests that economic security. Data from the the home is the safest place to stay safe, Organization for Economic Co-operation but ironically, for domestic violence and Development (OECD) reveals that victims, home is the most unsafe place, as the Indian women works 6 hours daily for they are being forced to be quarantined the care-giving without payment with their abusers. The National compared to Indian men, who spend less Commission for Women (NCW) 412 cyber than an hour for the same. However, it is crime complaints were received online pertinent to mention here many women within March 25st. 2020 to 25th. April cherish and prefer care giving activities 2020. People have engaged in online in India. It is also noteworthy to mention dating and as such the cases were mostly here that due to Covid-19 lockdown, related to sextortion. 99These issues are many women are working at home and also working from home. The adverse 97 Available on – affect of lockdown has been that many https://www.nationalheraldindia.com/nati onal/domestic-violence-tops-crime- 96 COVID-19 Pandemic: Impact and against-women-in-2018-ncrb strategies for education sector in India. 98 Available on- Available on – https://scroll.in/latest/959515/covid-19- https://governmenteconomictimes.indiati lockdown-domestic-violence-cases- mes.com/news/education/covid-19- reported-to-ncw-nearly-double-in-last-25- pandemic-impact-and-strategies-for- days education-sector-in-india/75173099 99 Available on –hindustantimes.com published on April 16, 2020. dated- 3rd. May 2020. www.ijar.org.in 70

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] worsening the mental condition of crores, but the present allocations are not women of all segments, and all age even the fraction of the same.102 The groups in India.100 The situation is psychiatrists – patient ratio cannot be worsening for the pregnant women, who augmented during the crisis. Hence, self- are suffering from mental anxity and help mechanisms are to be emphasized, stress related to the scope of them being along with development of community infected with the disease, or the chance of based help groups. Proper awareness their babies being infected with covid-19. regarding the mental issues is to be programmed maintaining the norms of CONCLUSION- social distancing for the covid-19. In illiterate tribal societies, the issue of Thus, it can be summarized that, the mental illness may further aggravate the covid-19- lockdown, has severe impact cases of witch-hunting, and as such put upon the mental health of each and every supplementary pressure upon the segment of the society, though the author administrative authorities to meet out in the present work has tried to the menus. The mental hospitals and the demonstrate the impact only upon the psychologists must take the help of tele – three segments of the society. It is also counseling. If the social distancing cannot noteworthy to mention here that under be avoided, the South Asian and Middle the present socio-economic condition of East Organization SAMEO guidelines for India, it is a dream to look for the psychologists can be taken into account, complete implementation of the Mental which stipulates that the total time taken Healthcare Act 2017, because the root of by the virus to travel from the covid- this problem is the shortage of funds. In positive patient to a person is around 30 the financial year 2019, the budget minutes, and as such counseling shall be allocation for National Mental Health restricted for 20 minutes only. 103 Programme was brought down to 40 crores from the earlier allocation of 50 RECOMMENDATIONS- crores in the year 2018. However, the fact remains that only 5 crores were spent in Recommendations to address the mental each of these two years.101 The Annual health of Migrant Laborers- Budget of 2020 reveals that the allocation for National Mental Health Policy has 1. To cater the mental issues of the not been increased, even though the total migrant laborers, the mental health health care budget saw an increase of 7%, services should reach their and the budget allocation for mental community. health is 0.5% of the total health budget. 2. The help-lines established by the It is pertinent to mention here that the government institutions must be estimated cost to implement the Mental Healthcare Act 2017 shall be 94, 073 102 Cost estimation for the implementation of the Mental Healthcare 100 Available on- timesofindia.com dated- Act 2017 , Available on- 23rd. April 2020 https://www.ncbi.nih.gov//pmc/articles/P 101 Available on- MC6482705/#_ffn_sectitle thehindubusinessline.com Dated-5th. 103 Available on- sameo.org.uk Last February 2020 visited on 7th. June 2020 www.ijar.org.in 71

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made effective and workable so that 5. Proper teaching techniques, on the the person in need can access to the online platform, should be made needful help. mandatory in the teaching practice of 3. Minimize watching, reading or each and every small school of Indian hearing news related to covid. villages. 4. Not to take stress regarding 6. Proper courses must be designed movement to home towns, rather online for the teaching fraternity, stay at the place and wait for which can be accessed by teachers all appropriate time to move out over India. 5. Focus on balanced diet, which is 7. Government should provide subsidy available in India at cheap cost in or packages for subscription of data different states, depending upon their by faculty and students of each class. agricultural produce. 8. Loans shall be designed for students to purchase laptops or desktops or Recommendations to address the mental smart phones to meet the current health of Students- contingency in teaching learning process. 1. The help-lines established by the 9. Minimize watching, reading or government institutions must be hearing news related to covid made effective and workable so that 10. Daily exercise the person in need can access to the needful help. Recommendations for women 2. Proper awareness programmes to be enhanced for students of all age 1. The help-lines established by the groups, to educate and make them government institutions must be made aware about different news on the effective and workable so that the person social media, what to be accepted, in need can access to the needful help authenticated and what not to be 2. Minimize watching, reading or taken into consideration. hearing news related to covid-19. 3. Ongoing Online classes in schools, 3. Brest-feeding does not transmit college and university, should allocate Covid-19, even if the mother is affected at least one class in a week, to with covid-19, Directives of the motivate them and boost them NIMHANS to be followed for such mentally. mothers. 4. The schools, college and university 4. Engage in different activities should set up infrastructure for depending on the taste such as cooking, online mental counseling of the gardening, tailoring, beauty-care etc. students.

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Surrogacy in India and the Legal Response M Sridevi LL.M., Research scholar, department of legal studies and research, Acharya Nagarjuna University Nagarjuna Nagar Guntur, AP

Abstract:

There are mainly three methods of surrogate parenting. The first method is the artificial insemination method which is the traditional method and includes three steps. in the first step, the surrogate mother is artificially inseminated with the biological father 'sperm. In the second step, the surrogate mother carries the fetus in her uterus for nine months and gives birth to the child. Lastly, the surrogate mother terminates all parental rights over the child and gives it to the biological or adopting father for his custody or adoption. This procedure is commonly known as traditional surrogacy. This method is normally used in cases where the wife is infertile and the husband is fertile.

Key words: surrogate mother, unmarried, divorced, aged

Introduction The Centre for Social Research (CSR). The popularity of surrogacy as a means New Delhi in its study report given in the for begetting a genetically related child year 2012, identifies that the fees for has increased tremendously all over the surrogates in India ranges from S2,500 to world. However, facilities offered by the S7,000 and the total costs for surrogacy countries as well as the legal regulations arrangements camber anything between of surrogacy are not uniform everywhere. $10,000 and $35,000. Therefore, it is a lot In certain countries, the cost of surrogacy less than what intended parents pay in arrangements is very high while in some the United States, where rates fluctuate countries the legal regulations are very between S59,000 and S80,000.Another strict and in others surrogacy practices statistic shows that, a surrogacy are even banned. Therefore, the couples arrangement, including IVF, costs and individuals who wish to beget a child aboutS11,000 (approximately Rs. through surrogacy often search for 5,00,000) in India, while in the United countries which offer surrogacy at an States of America, surrogacy alone, affordable cost and with minimum legal excluding ART charges, costs S15,000 (Rs complications. In this context, India is 6,75,000). Likewise, in United Kingdom, considered as the most favorable nation an IVF cycle costs about £7,000 (Rs. by foreigners to beget a child through 5,00,000 approx.) and surrogacy costs surrogacy. This is because thecost of about £10,000 (Rs. 7, 00,000 approx.). surrogacy arrangement in India is very The cost of gestational surrogacy in low when compared to other countries. Canada is approximately $29,600 S68,500 The Law Commission of India in its and the cost of traditional surrogacy is report points out that the Sutogacy costs approximately $19,600 S 68,500. In in India is about $25000 to $30000 which Russia, the minimum cost for surrogacy is around 1/3 of the costs in developed arrangement is about $35,000. countries like United States of America. www.ijar.org.in 73

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Thus it can be seen that, the cost of rates of surrogacy in India are also surrogacy arrangements in India is very considered as very high. low when compared to other countries. Further, the regulations that deal with Due to all the above said reasons, India surrogacy are also minima land there are has become a favorable destination no restrictions with respect to who can be forforeign couples who look for a cost- the intended parents. As a result, the effective surrogacy arrangement and a unmarried, divorced, aged, gays and wholebranch of medical tourism has lesbians who may be prohibited in their flourished on the surrogacy practice. country to use surrogacy can come to India and fulfill their dream of begetting The places like Anand, Surat, Jamnagar, a child. Thus, the strongest incentive for Bhopal and Indore have become the foreigners to travel to India is most likely major centers for surrogacy practices. A to be the relatively low costs involved in large number of couples are travelling to the process coupled with the limited legal these places not only from India but also regulations. from western countries and from other countries like Sri Lanka, Pakistan, In addition to the above-mentioned Bangladesh, Thailand and Singapore to reasons, there are many other reasons fulfill their desire for a child. It is also due to which the foreign couples or estimated that there are more than 600 individuals come to India for availing the fertility clinics established in both rural benefits of surrogacy. Some of the key and urban areas spread over in almost all reasons are that India offers the states of India. However, the state of advantages of well qualified and Gujarat is particularly popular, especially experienced doctors, world class private among westerners. In fact, India in health care providers, English speaking genera land the state of Gujarat in doctors and staffs to facilitate such particular is rapidly becoming the center process, and more importantly easy for Child Process Outsourcing (CPO).In access to surrogate women. Moreover, the India, though surrogacy is gaining Indians show a great commitment in popularity and is rapidly developing as an handing over the new born to their industry; the Government has been very intended parents immediately after birth slow in responding to the changing and till now no dispute is reported situations. In the absence of a legislative regarding refusal of surrogate to hand action, the Indian Council for Medical over the baby to the intended parents. So Rescarch has come upwith certain ethical also, when compared to foreign women guidelines for regulating assisted human the Indian women have amore reproductive technologies in general and methodical lifestyle and most of them do it also includes guidelines for surrogacy not indulge in drinking, smoking, use of practices. In 2000, the ICMR adopted drugs and narcotics. Further, the cost of Ethical Guidelines for Biomedical living in India is economical and the Research on Human Participants, in foreign couples or individuals who come which they prescribed certain guidelines to India can also enjoy visiting world to deal with ART in general. So also in famous tourist destinations and then go the same year,-Statement of Specific back with the baby once the surrogacy Principles for Assisted Reproductive arrangement is over. Lastly, the success www.ijar.org.in 74

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Technologies, 2000I was released by husband 's consent can be a ground for ICMR. divorce or judicial separation.

Further in 2002, the ICMR submitted a The guidelines state certain conditions to Draft National Guidelines for be followed by a surrogate mother such Accreditation, Supervision & Regulation as, a surrogate mother should not be over of ART Clinics, 2002 to the Ministry of 45 years of age and no woman may act as Health and Family Welfare. It is a Surrogate more than thrice in her pertinent to point out that, this step of lifetime. Before accepting a woman as a ICMR has been interpreted by many possible surrogate for a particular couple authors as a step of legalization of 's child, the ART clinic must ensure (and commercial surrogacy in India. However, put on record) that the woman satisfies this Draft was not officially adopted by all the testable criteria to go through a the Government of India in 2002, nor it successful full term pregnancy. A was a legislative step and hence it cannot relative, a known person, as well as a be considered as a step of legalization of person unknown to the couple may act as surrogacy in India. In fact, this draft was a surrogate mother for the couple. In case later modified and adopted by the ICMR of a relative acting as a surrogate, the officially in 2005 after consultation with relative should belong to the same the National Academy of Medical generation as the woman desiring the Sciences, practitioners of ART, and the surrogate. However, an acolyte donor Ministry of Health and Family Welfare. cannot act as a surrogate mother for the couple to whom the oocyte is being ICMR Guidelines, 2005 and Surrogacy: donated. It further mandates that, a surrogate mother must register as a The ICMR Guidelines, 2005 was adopted patient and as a surrogate in her own with the main objective to provide ethical name and provide all the necessary guidelines for regulating ART clinics in information about the genetic parents India. However, these guidelines also such as names, addresses, etc. She must contain certain provisions for dealing not use/register in the name of the person with surrogacy. The guidelines define for whom she is carrying the child, in surrogacy as an arrangement in which a order to avoid any legal issues, woman agrees to carry a pregnancy that particularly in the untoward event of is genetically unrelated to her and her maternal death. There must be informed husband, with the intention to carry it to consent by the surrogate and t must be term and hand over the child to the witnessed by one who is not associated genetic parents for whom she is acting as with the clinic, physically/medically a surrogate. It states that, surrogacy by impossible to them to carry a child. assisted conception should normally be However, it is unclear regarding the issue considered only for patients for whom it whether a lesbian couple/ single woman would be physically or medically can have access to surrogacy. impossible/ undesirable to carry a baby to term. ART used for married woman with An important drawback of the guidelines the consent of the husband does not is that, the genetic parents name will be amount to adultery on part of the wife or mentioned in the birth certificate of the donor. However, ART without the surrogate child. This is in conflict with www.ijar.org.in 75

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] the right to anonymity of the donor and the right to anonymity of the donor and may deter the donor to participate in may deter the donor to participate in such surrogacy arrangements. Thus, even such surrogacy arrangements. Thus, even though the guidelines say that the though the guidelines say that the surrogate child will be the legitimate surrogate child will be the legitimate child of intended parents, the mentioning child of intended parents, the mentioning of genetic parent's name in certificate will of genetic parent's name in certificate will create problem for intended parents. This create problem for intended parents. This is because their name will notbe there in is because their name will not be there in the birth certificate if they have not the birth certificate if they have not contributed the genetic. The ICMR contributed the genetic. The ICMR record) that the woman satisfies all the guidelines thus suffer from the above- testable criteria to go through a mentioned defects. Further, these successful full term pregnancy. A guidelines are on-binding and voluntary relative, a known person, as well as a in nature and hence some of the authors person unknown to the couple may act as argue that the ART clinics often do not a surrogate mother for the couple. In case adhere to these directives and thereby. of a relative acting as a surrogate, the Guidelines thus suffer from the above- relative should belong to the same mentioned defects. Further, these generation as the woman desiring the guidelines are non-binding and voluntary surrogate. However, an acolyte donor in nature and hence some of the authors cannot act as a surrogate mother for the argue that the ART clinics often do not couple to whom the acolyte is being adhere to these directives and thereby. donated. It further mandates that, a surrogate mother must register as a Objectives of the study: patient and as a surrogate in her own name and provide all the necessary 1. To highlight the need and importance information about the genetic parents of artificial human reproductive such as names, addresses, etc. She must technologies in general and surrogacy not use/register in the name of the person arrangements in particular, for whom she is carrying the child, in 2. To evaluate the effectiveness of order to avoid any legal issues, existing legal system for the regulation of particularly in the untoward event of surrogacy practice in India. maternal death. There must be informed consent by the surrogate and t must be 3 To suggest modifications in the witnessed by one who is not associated existence/existing laws, is required and to with the clinic, physically/medically purposea model law for the regulation of impossible to them to carry a child. surrogacy practices in lndia However, it is unclear regarding the issue whether a lesbian couple/ single woman 4. To identify the legal and human rights, can have access to surrogacy. issues relating to the intended parents, surrogate woman and surrogate child in An important drawback of the guidelines India. is that, the genetic parents name will be mentioned in the birth certificate of 5. To examine the legality of surrogacy surrogate child. This is in conflict with contracts and various legal human right www.ijar.org.in 76

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] controversies relating to surrogacy after the birth of the child, the woman contracts. would hand over the child to the husband and his wife. The modern science and Types of Surrogacy: technology has made it possible for procuring biological child with the help of Surrogacy can be classified into different another woman without sexual types on the basis of the type of intercourse. In this process, the woman agreement entered into, financial 1s artificially inseminated with the transactions and relationships involved semen of the husband of the genetic and on the basis of the useof genetic couple . Because it is her Own egg that is material. One of the basic classifications being fertilized, the surrogate mother is of surrogacy is based on the nature of the genetically related to the fetus that she. agreement entered into by the parties. conceives. Therefore, any resulting child Thus, surrogacy can be classified as is genetically related to the male partner formalin informal surrogacy. Formal of the commissioning couple 'but not the surrogacy arrangements are those in female partner. Thus, it 1s also known as which the nature and terms of the partial surrogacy or natural surrogacy, as agreement between the surrogate and the the surrogate mother contributes genetic commissioning couple are clearly material to the resulting child and gives Specified, and are generally in writing. birth to it as her own child. These arrangements are other Wise described as Contractual surrogacy. This Gestational Surrogacy or Total term denotes the potential legal Surrogacy : enforceability of such agreements by a court of law. Informal surrogacy Gestational surrogacy is preferred by arrangements are non-contractual 'and couples who desire a biological connection lack the legal requirements of an to their child, assuming the husband enforceable contract, in that they are and/or wife have viable gametes. often vague and uncert an. In practice, they are generally difficult to detect and Gestational surrogacy, is defined as the control. treatment in which the gametes of the genetic couple , commissioning couple 'or Traditional Surrogacy or Partial intended parents 'are used to produce Surrogacy: embryos by the process of in vitro fertilization (IVF). These embryos are Traditional surrogacy is the most widely subsequently transferred to a woman used method of surrogate pregnancy, as who has agreed to act as a host for these well as the most historically prevalent. embryos. In this case, the surrogate host Before the era of assisted reproductive 'is therefore genetically unrelated to any technology and IVF, traditional surrogacy child that may be born as are sult of this was the only form of surrogacy available. arrangement. Thus, 1t is also known as However, this method was used in the total surrogacy or full Sutogacy because ancient cultures and communities the foreign genetic material is implanted without the application or technology. into a woman who gestates the childfor The husband of the infertile woman another couple who are the genetic would have access to another woman and parents. www.ijar.org.in 77

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected]

Methods of Surrogate Parenting: from the biological mother 's womb to the surrogate mother womb. This method is There are mainly three methods of known as gestational surrogacy. surrogate parenting. The first method is the artificial insemination method which The third method of surrogate parenting is the traditional method and includes is a modification of the in-vitro three steps. in the first step, the fertilization method and known as donor surrogate mother is artificially surrogacy, which involves five steps. The inseminated with the biological father first four steps are identical to that of in- 'sperm. n the second step, the surrogate vitro fertilization method. The fifth step, mother carries the fetus in her uterus for however, differs. Instead of giving the nine months and gives birth to the child. child to the couple who donated the Lastly, the surrogate mother terminates semen and egg, the surrogate mother all parental rights over the child and gives the child to adoptive parents who gives it to the biological or adopting are not biologically related to the child. father for his custody or adoption. This There have been no reported incidents of procedure is commonly known as the use of this method, but the method traditional surrogacy. This method is could be utilized in a situation in which normally used in cases where the wife is both the husband and wife are infertile infertile and the husband is fertile. but wish to have a child with specific traits. The second method of surrogate parenting is in-vitro fertilization. It Although the above-mentioned three involves the following five steps. Firstly, methods of surrogate parenting involve a fertile couple desiring a child gives an different medical techniques, and egg and semen to a doctor. Secondly, the although the biological relationship of the doctor fertilizes the egg with the sperm in couple receiving custody of the child may that semen through in-vitro fertilization. vary depending upon the method used, Thirdly, the fertilized egg is implanted in the legal consequences of contracting to the surrogate mother 'sutures. Fourthly, perform each method are surprisingly the surrogate mother carries the fetus in similar. The methods are treated very her uterus for nine months and gives much the same because most countries birth to the child. Lastly, the surrogate presume that the woman who gives birth mother terminates all parental rights toa child is the natural, biological mother over the child and gives it to the couple of the child. Thus, depending on the who donated the egg and semen. This infertility problem involved, either method is used when the wife has an Artificial Insemination or VF may be abnormality in her reproductive organs used in a Surtogacy situation. that prevents her egg from being fertilized by her husband 's sperm or For surrogacy to be successful, three when the wife is unable to carry a child conditions are to be satistied. Firstly, the totem because she has an abnormality in parties tothe surrogacy process must be her uterus. If the wife is able to conceive, able to arrange for the conception and but unable to carry the gestating fetus, birth of a child. Secondly, before actually the embryo transfer methods allow doing so, the parties must reach an transfer of the naturally fertilized egg agreement defining what their respective www.ijar.org.in 78

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] rights and duties will be, both before and The second major advantage of surrogacy after the child’s born. Thirdly, the parties is that by using this method an individual must have some means by which they can can prevent transmission of hereditary enforce the eights and duties so as to diseases to his biological child. The ensure performance. individual’s who have a history of genetic illness or who have given birth to Surrogacy vs. Other forms of ART children with genetic diseases can with the help of genetic screening find out Procreation as discussed earlier is a whether they might transfer harmful fundamental human drive. The image of trait to their offspring. In cases where the happy parents holding a healthy baby individuals are likely to transmit the pervades the human mind and the harmful traits to their offspring, they society. Hence the greatest motivation to may prevent such transmission by use surrogacy is that it will help a couple selecting surrogate mother and using to have a genetically related child. Thus, genetic material from a male donor or a surrogacy arrangement is a boon to female donor as required. childless couples as it gives them the greatest gift of life, i.e. a child. It is III) To Overcome Medical Risks: pertinent to point out here that the impact of childlessness on married Surrogacy is the only option available to couples is very grave. Surrogacy thus couples who are fertile but unable to provides inopportunity to such couples to beget a child due to risk factors involved beget a child and gives them satisfaction in pregnancy. It is to be noted that some and happiness. The major benefits of pregnancies involve high risks due to surrogacy when compared to other forms medical problems of the mother and of ART can be classified as follows’) could pose serious complications of premature births leading to deformities I Genetic Link: in the child or sometimes, such pregnancies may cause danger either to The most important Benet it of the life of the mother or child, or both. So surrogacy is that it helps the couple to also in case of women suffering from beget a child genetically related to at AIDS, conceiving a child may be risky least one of the parent. Thus, it helps to and is also dangerous to the future child. fulfill the natural instinct and desire to In these circumstances surrogacy is the have a biological child. The urge to best option available for the couple to procreate, usually involves a desire to beget a child. transmit one 's own genetic heritage to the child and to participate in gestation IV) To satisfy the desire of Single, and parturition. Thus, it offers greater Divorced, Lesbians and Gay couples, etc: advantage to childless couples as compared to the traditional option of Surrogacy arrangements make possible adoption’s) the creation of non-traditional families. In modern times, even single men and women, gays and lesbians couples may wish to beget and raise a child. The II Prevention of Hereditary Diseases : process of procreation involves the union www.ijar.org.in 79

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] of both male and female. But in cases of without any objections. But it is not so. lesbian and gay couples as well as The practice of surrogacy is criticized and transgender couples, due to inherent objected on various legal, ethical and biological reasons, they are unable to social issues that pose severe challenges procreate naturally. So also, single to the legal systems. Surrogacy has Women/men, a divorced individual or in proved to be a boon for infertile couples. cases where one of the spouses has At the same time the increasing use of expired are also deprived of their right to this technology has also led to various procreate due to their societal conditions. controversies and conflicting legal issues. In these situations, surrogacy can be very These conflicts have at times erupted into useful to help these individuals to satisfy a fierce debate over the legality of their natural craving for a child. surrogacy. A discussion on this debate is necessary in order to understand the V)An option for individuals/couples with arguments underlying surrogacy. modern life style: Further, since the controversy surrounding surrogacy, has been brought Surrogacy can be used for begetting a to limelight by the leading surrogacy child by those couples and individuals cases all over the world as well as who are fertile and able to carry a child, arguments made by legal scholars and but are unwilling to do so due to various commentators, such a discussion is reasons. The reasons can be their life important in determining how surrogacy style, career prospects, and profession87. should be dealt with by the legal systems in different countries in future. Most of VI) To avoid problems related to the criticisms against surrogacy are based infertility treatments: on various ethical, moral, religious and Surrogacy is not a treatment for legal grounds. Admittedly, the influence infertility but it is an arrangement for of ethics, morality and religious practices begetting a child Hence it can avoid the cannot be ruled out in a legal discussion, physical and mental sufferings caused to as the ethics and morality have played an infertile couples due to the prolonged and important role in shaping the societies sometimes unsuccessful infertility attitude towards legal1SSues as well as treatments. the foundation of most of the legal systems of the world. Thus, the method of surrogacy offers new ways for infertile and other The moral, ethical and religious individuals/couples to become parents. It objections to surrogacy are based on the facilitates the pursuit of biological premise that life is a creation of God and parenthood and in many cases where human beings should not attempt to play couples/individuals have opted for God by interfering in the natural surrogacy, it has brought enormous joy processes. Another serious objection in into their lives by helping them to beget a this regard is the fact that surrogacy child which they never thought that they procedure involves repeated trials which would have. It might be thought that use either male or female genetic such a miraculous procedure which material or the human embryo. The creates new life and produces such wastage of human embryo is criticized as happiness would be accepted by all similar to murder, because according to www.ijar.org.in 80

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] some scholar's human life begins at Thus, surrogacy is one of the hotly fertilization. contested technological advancement in present times having a grave impact over The major legal objection to surrogacy the basic human rights. The various strikes at the very root of the procedure contentious and conflicting issues raised .of surrogacy which is due to the need by surrogacy pose a daunting challenge to and requirement of a woman to act as a the courts as well as to the legislatures surrogate. Various scholars have and policy makers. The manner in which criticized surrogate motherhood, as it these conflicts will be answered would presents intolerable risks to women, have a profound effect on 'the way in including physical risks, psychological which the society would view the risks, and symbolic risks such as relationship between parent and child. It objectification and co modification. Carl would ultimately have far-reaching Schneider points out that-some surrogate consequences on the reality of the mothers will become sick or even die. relationship between parents and Some commentators assert that the children of the future and the power of chances that the surrogate will be the state to regulate that relationship. psychologically harmed by the process are very high, analogizing it to the psychological harms felt by birth mothers giving children up for adoption. Some surrogates do regret their decision to bear a child for another couple, as is evidenced by their decision to try to keep the child.

The supporters of surrogacy argue that that-if the right of individuals to procreate naturally by sexual intercourse is a protected right, then begetting a child with the help of assisted human reproductive technologies including surrogacy should also be protected. These supporters argue that the liberty interests protected by the Constitution do not change definition because of the presence or absence of reproductive technology. The supporters of surrogacy also distinguish surrogacy from baby selling and adoption on the basis that a surrogacy contract is entered before Conception and the contracting father or contracting mother or both are often geneticallyrelated to the child .

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International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected]

Difficulties being faced by Indian Judiciary

Dr. Dharam Pal Singh Punia, Associate Professor, Department of Law, Central University of Haryana, Mahendergarh

Abstract: The objective or goal of this Article in the Constitution is to defend the judiciary from any type of dominance or interference of the executive. This Article categorically proclaims that there shall be a separate judicial set-up free from any control of the executive. Judiciary has to be independent not only of the executive pressure but also of any other kind of pressures. Nevertheless, the notion of independence has to be limited within the four corners of the Constitution. Key Words: Judicial Independence, Constitutional, Vacancies of Judges, Judicial Delay,

Introduction Court, together with its pronouncements Having been blessed with a on the legitimacy of various enacted law, graphically and assiduously written is compulsory for all other courts and Constitution by a dedicated team of establishments in the country1 qualified and devoted experts, we take All establishments, whether they pardonable pride in the fact that we are are civil and judicial ones existing in the one country that is governed by clear domain of India shall function for the and expressive laws, and that our destiny purpose of rendering assistance to the and our actions are not controlled by Supreme Court.2There is practically no some men with power and wealth. region of legislative or executive actions However, this is concept of being that are beyond the highest court's governed by uniform and progressive analysis and interpretation. The writ laws is true just in theory; in practice , jurisdiction of this court extends to the the law is eventually that a judgment whole of India. The Indian Supreme which the judges of the highest court Court has been carrying out some pronounce. The extent of the judicial significant and breath-taking tasks with power of the highest court of India is substantial merit. Now the matter is most overwhelming. The highest court, what is the kind of functioning that will i.e. the Supreme Court of India, is be followed by this august body during situated in New Delhi. It has been the forthcoming days ,which are full of established for the purpose of final changes and progress: judgments over the verdicts of pronounced by all the High courts. Apart Judicial Independence from it, the Supreme Court’s judgments With regard to the matter of prevail over the judgments of all the interpreting various laws prevailing in a tribunals. There is one more element of the judgments of the Supreme Court, i. e. 1Article 141 of the Constitution of India the law pronounced by the Supreme 2Article 144 of the Constitution of India www.ijar.org.in 82

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] democratic country, the judiciary Constitution. This concept of performs a very significant role. This independence cannot go beyond the four court adjudicates on various controversial walls of the constitution.7 The notion of matters also. An autonomous judiciary is judicial independence is a very significant the need of the hour for giving verdicts notion because this notion highlights, on the matters connected with one citizen within it, independence from any and another citizen , and also between a pressure or prejudice.8 The constitution citizen and the State. Maintaining the of India established an independent rule of law in the country is the cardinal judiciary, and this judiciary is absolutely task of courts. The Courts are further untouchable as felt by Granville Austin.9 expected to guarantee that the government functions as per the laws of Earmarked Standards the land. The judiciary functions between Judicial governance entails that the citizen and the nation as a various judicial officers or judges who are fortification against management-related constitutionally assigned the task of excesses. The judiciary also precludes the defending the rights of citizens have also misuse or abuse of power.3 The main task to be considered and felt as the persons of assigned to the courts is to safeguard righteousness or integrity. Judges are and implement the fundamental rights of directed for making yearly financial- the citizens that are guaranteed to the disclosure statements. This task of the citizens under the Constitution. Article yearly financial-disclosure statement is 504 earmarks “the conscience of the done not just confidentially to their Constitution”5. This article encompasses individual chief justice, but this the social attitude of the constitution. disclosure has to be to the general public The objective or goal of this of the country. Article in the Constitution is to defend In a three-tier and precedent- the judiciary from any type of dominance bound arrangement as exists in our or interference of the executive. This country, cases remain pending for some Article categorically proclaims that there inordinate time. One of the main reasons shall be a separate judicial set-up free for this unwarranted delay is that various from any control of the executive. lawyers spend excessive time for citing Judiciary has to be independent not only case-law. During the period of the last of the executive pressure but also of any few years, our law reports are replete other kind of pressures.6 Nevertheless, with some helpful and many not-so- the notion of independence has to be helpful judgments. The Americans too limited within the four corners of the faced this kind of predicament. However, the glut of judicial verdicts in the United 3S.P. Gupta v. Union of India, AIR 1982 States is at present kept sternly under SC 149 4The state shall take steps to separate the 7S.P. Gupta v. Union of India, AIR 1982 judiciary from the executive in the public SC 149 services of the states 8High Court of Judicature at Bombay 5Union of India v. Sankalchand Himatlal (Registrar) v. S.K.R. Patil, AIR 1997 SC Sheth, AIR 1977 SC 2328 2631 6C. Ravichandaran v. Justice A.M. 9Working a democratic constitution, Bhattacharjee, (1995) 5 SCC 4: 7 (2000) www.ijar.org.in 83

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] control by a straightforward judicial Supreme Court retire at the age of 6511. If mechanism recognized as "unpublication we sort out this matter of the age of 62 of opinions". This term prevalent in the and 65 between the category of these two U.S.A. means "Un-publication" that an courts, we will not have so many unfilled opinion, (or judgment) because it is vacancies. This can be done by making confined to the information of a given the age of retirement uniform, i.e. 65 for case is (judicially) designated unfit for the judges of the High Courts in line with publication in the official law reports. the age of 65 of the judges of the Supreme Apart from it, when this judgment is Court. uploaded on the website as an This retirement age of a judge of "unpublished" opinion” , this judgment the Supreme Court or of a Judge of the just cannot be quoted in any court of law. High court has to be uniform. This For the purpose of initiating this process will obliterate the unpleasant organism in India, we need enormous manifestation of lowering the esteem of spade work. This is so because thousands the High Court judges, when they reach of verdicts will have to be scanned for 61. For obvious reason, each judge, the purpose of pronouncing them as "un- because his competence is proven, published.” The subsequent task is to earnestly looks ahead , waiting to be examine the process of arriving at the chosen and moved to the highest court. state of judging or writing judgments. This elevation gives him three more We all know that judging it is not years on the Bench. effortless. Some of the judges for The previous CJI Ranjan Gogoi directing cases towards either a prompt made a submission to the Prime Minister settlement or a prompt resolution. The Mr. Narender Modi. He suggested to the judge in India, different from the Prime Minister that the retirement age of contemporary judges in England and the the Judges of the High Courts may be judges in the US, still function just as the raised by three years and be brought at umpire functions in a cricket match; to par with that of the judges of the wit he will not declare you out till Supreme Court, i.e. 65 years. "This, in either side makes an appeal. turn, would help in improving the vacancy position and consequently Vacancies of Judges and Retirement age reducing pendency of cases. This would Another matter is with regard to also be in consonance with the (repeated) the predicament of vacancies of judges in recommendations made by parliamentary the higher judiciary. Vacancies in this standing committees." segment of our judicial set-up keep piling The former Chief Justice further up. It only needs some basic made a suggestion, "A judge takes time to synchronization between the Ministry of evolve and by the time he is in a position Justice and the Chief Justices: of all the to put innovative thoughts based on rich High Courts and of the judges of the experience to practice, he finds himself Supreme Court. Everyone is aware of the nearing retirement. This can be avoided fact that the Judges serving with High if the age of retirement is raised to an Courts retire at the age of 6210. We all appropriate level so that his vast also know that the judges of the experience, deeper insight and expertise

10Article 217 of the Constitution of India 11Article 221 of the Constitution of India www.ijar.org.in 84

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] can be utilised for a longer period."12 One It is indeed urgent and essential, of the most significant causes why we are not only to put in place systems of not able to restrain the ever mounting answerability but also to put in place pendency is that we have an utter and appropriate systems for choice of judges. despairing scarcity of the judges in our The background of secretive and High Courts. At the current period of uninformed system of appointment and time, 399 posts of the judges of the High transfers gives rise to authoritarian Courts are lying vacant. This colossal concerns. As there exists no decisive figure showing deficiency of judges factor with regard to the matter of constitutes 37 per cent of sanctioned selecting judges and there is no impartial strength of the judges in various High assessment of proposed appointees on Courts.13 any principles, the organization will go on to suffer from inefficiencies. Consequence of the Collegium System In a case relating to “the The Collegium system consists of Supreme Court Advocates on Records a panel of judges whose head is the CJI Association v. Union of India,”15 the (the Chief Justice of India) and some Supreme Court by its judgment declared Senior Judges. The Collegium of judges “the Constitution (99th) Amendment Act, assumed authority for appointing judges 2014 and the National Judicial based on the contention that this system Appointment Commission Act, 2014” as ensures independence of the Judiciary. unconstitutional and invalid. The However, their conduct with regard to legislation was declared invalid. The the selection of judges was considerably decision does not, though, imply that the uneven. It was deficient in proficiency Parliament or the political administrative and this system was devoid of machinery at the centre should abandon entrenched principles. The working of the reformative schedule perpetually. the system is shrouded in secrecy. It was Parliament and the Executive can felt by many that the Judiciary without otherwise propose the reforms for any training in the system of selection judiciary. There is indeed some and without any code of directions requirement to reconceptualise the cannot be handed over such vital power commission. This reconceptualising or at all. The functions of this highest restructuring can be done by erasing the authority also need inspection and likelihood for political control which was testimonials. Respectful and discreet considered as a threat to judicial inspection of the way of its functioning independence. including the appointments Selection of Judges of the High recommended by the Collegium to Courts/Superior Courts by the collegiums various Benches of the High Courts is a system has led to the raising of voices at Constitutional imperative.14 very higher pitch for amendments in the present selection process. Disagreements 12Business line, New Delhi dated June 22, in the past with regard to some 2019 controversies are there. Some of these 13Ibid 14 V.R. Krishna Iyer, "Appointing Krishna lyer, "Needed, transparency and Judges-A vicious circle", The Sunday accountability, The Hindu, Feb. 19, 2009 Indian, 40, Aug 6-12, 2007 ; see also, V.R. 15(2015) AIR SCW 5457 www.ijar.org.in 85

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] controversies relate to “the Chief Justice by Mr. Justice A. R. Lakshman, who Sabharwal. Ghaziabad district Court worked as the Chairman of the Law Provident Fund Scam, the 15 lakhs cash- Commission of India, that the Judges at-judge door scam of Chandigarh, who are a part of team of the collegium controversy regarding Justice Soumitra are not fully familiar with and aware of Sen's case of Calcutta, and the elevation the names and antecedents of the of Justice P.D. Dinakarn” are descriptive candidates whom they will appoint in of the extensive displeasure across a few these very renowned judicial positions. institutions and professions. The Now, when the members of the aforesaid four controversies connected collegium have the utter dearth of this with the aforesaid cases and data and information, it is obvious that controversies connected with some more the process of appointments will suffer cases cast a shadow over the current because of the paucity of much needed structure of appointments to the Higher data. Judiciary.16 Owing to the knowledge acquired from 1993 onwards, many Experimental Investigation persons will have doubts about the Experimental investigation and present mechanism of the appointment of scrutiny in the Indian legal set-up is a Judges, and aver that this system has suggestion, and a matter of discussion of not been successful in accomplishing its this suggestion is quite ripe now. It is objective,17 because this collegium system absolutely significant that some judicial was established as a substitute of reforms are so extremely and immensely favouritism and arbitrariness in the indispensable that they must be system in which Judges were selected by implemented without the relentless and the recommendation of the Executive. time-consuming backing investigation or A few amendments in the research. One pilot project was conducted present-day Collegium system have been by the Delhi High court. It lasted from recommended by the Law Commission of 2017 to 2018 and the work of this project India18mainly for this reason relating to was carried out with the assistance of incomplete data and information in the DAKSH. appointments. The Law Commission The backdrop of the said project observed that many limitations and was to review the impact of “no backlog drawbacks in the functioning of the on judicial pendency.” The further aim collegium system did exist to the of it was to work out superlative detriment of proper functioning of this timelines for diverse kinds of cases. A pattern of appointment . It has been comparative study was conducted with regarded and averred very categorically eleven judges in whose name there was no backlog, and these judges were 16 A Surya Prakash, "Appointments compared with 11 judges with the still shrouded in Secrecy," 1, September habitual backlog. 2009, express buzz This survey discovered the reason 17 K.N. Bhat, "Judicial of "No backlog". It was that since “no Appointments", The Tribune (Jalandhar), backlog” courts being covered under the September 24, 2008 “pilot project” had fewer cases listed for 18 Law Commission of India, 214th hearing per day, these judges could spend Report, No. 2008 more time per hearing. There was no www.ijar.org.in 86

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] backlog. On an average, pilot sessions disarrayed and chaotic. Such a life will judges who were dealing with cases of face devastating consequences. Such is murder took something like 16 hours to the state of our judicial institutions dispose sessions cases over 6.5 months, which are just like very precious plants while pilot fast-track judges (who were and if we do not nurse our judicial set-up dealing with rape cases) took 4.4 hours with care, our this system will wither over three months. Surveys such as the away. In the situation that is prevalent aforesaid survey make available these days, there is every reason for considerable evidence to the makers of founding and establishing a Judicial policies. In this manner, the policy Reforms Commission for the purpose of makers can make policies for considering various matters for making implementing schemes for effective our judiciary more efficient and helpful. solutions.19 It is a political issue that First of all , and always foremost, the directly affects the general public in the judiciary is a cast-iron establishment, and republic of India, and therefore, the this establishment ought to preserve its matter of judicial reforms should find a independence, and to do this it must place in the electoral discussions and struggle to win the confidence of the public speeches. Various prominent community in the existing courts; the political parties in India ought to address courts which are working in the present the shortcomings prevailing in the legal time. system. These political parties should It is the judges themselves who take up this matter more expansively can safeguard their own inactivity or slow with a sense of statesmanship. working by means of the smooth and The most significant problem is flawless running of the institutions and with the judicial courts in the districts of organisations that the law permits them India. In these courts lakhs of litigants to govern. They can erase their own slow come into contract with the justice- speed of disposal by projecting delivery system. Without proper and iron- themselves as erudite and morally clad solution of the problems of these upright judges. Through their courts and the litigants of these courts, uprightness and sagacity, they will feel just a few temporary alterations and ad absolutely independent, and in addition hoc improvements at the level of the to this independence, they will command Supreme Court and at the level of High the respect of all the right-thinking Courts will have no bearing on the people. Two things are inseparable, and structure of our colossal judicial set-up. these two things are Judicial The common litigant will remain under independence and judicial accountability. this time-consuming and tormenting There is a burning necessity for sufferings. establishing a statute or decree for the purpose of establishing a National Conclusions and Suggestions Judicial Council (NJC) as this Council is Plants are very reliable source of needed for examining all kinds of charges our sustenance in this world. Life of incompetence, allegations of without plants will be completely

19 Leah Verghese "Testing judicial reforms", The Hindu, December 12, 2019 www.ijar.org.in 87

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] misbehaviour20 or incapacity21 against among "distinguished jurists" as well.23 Judges at large22. This arrangement of inducting jurists is The judges must be men and still awaiting appropriate enactment. women full of strident courage with Improvement is required not just graciousness. Courage coupled with in reducing the number of cases and in graciousness in the highest court will the speedy disposal of cases. precipitate down the line. By down the Improvement is needed in some more line, we mean that the courage and matters. The matter worth considering is graciousness will ignite confidence and that 21st century needs to establish a commitment in the members of the lower specimen or pattern with regard to judiciary. They know that their exemplary self-discipline and temperate thoughtful and upright judicial orders attitude to legal matters. Equanimity is and actions will be defended by their also needed about political-cum-legal senior judges. difficulties that fall in the domain of As the system prevail at present, judiciary. the norm is that judges of the High One more thing is very necessary, Courts and the Supreme Courts are for and that thing is that the lifestyles of the most part selected from a panel of judges should be in many ways practising lawyers . Now the moot point transparent. The judges should possess is that a lawyer's job is profoundly an abiding broadmindedness and different from the tasks to be performed temperance about public criticism and by a judge. It is felt that some deviation they should be very tolerant. Therefore, could be worth taking note of . very high degree of ethics, transparency, Constitution anticipates selection for the erudition, and flawless team-work is the post of judges in the Supreme Court from matter in which a judge should be considered worthy and dependable. A 20 "Misbehaviour" means wilful or judge should earmark and follow the persistent conduct which brings guidelines related to the attributes stated dishonour or disrepute to the judiciary or above in these paragraphs, and these wilful or persistent failure to perform the guidelines should be observed at the top- duties of a Judge; or wilful abuse of level judiciary first of all so that the judicial office, corruption, lack of reliability and glory of judiciary resonates integrity; or committing an offence among the citizens of India. involving moral turpitude; and includes violation of Code of conduct. 21 Incapacity means physical or mental incapacity, which is or is likely to be of permanent character. 22 Judge means a Judge of the Supreme Court or of a High Court and includes the Chief Justice of a High Court and also the Chief Justice of India for purposes of the reference procedure but shall not include the Chief Justice of India for purposes of the complaint 23Article 124(3)(c) of the Constitution of procedure. India www.ijar.org.in 88

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The Occupational Safety, Health and Working Conditions Code, 2020

Dr Naga Latha.Gadireddy MA, LLM, MBA, phd Asso.prof ., Vignan university of law

recommendations of the said Analysys Commission, In 2019, the Ministry of Labor law is critical to any Labour and Employment introduced four country’s economic development, Bills on labour codes to consolidate 29 industrial growth and human central laws. These Codes regulate: (i) development and has stayed in focus Wages, (ii) Industrial Relations, (iii) since the industrial revolution. Especially Social Security, and (iv) Occupational in democratic countries, the Safety, Health and Working Conditions strengthening of protection for the The government has replaced these Bills workers on labor issues around employee- with new ones in 2020. employer interaction is of paramount importance. Labour falls under the The central government enact a Central Concurrent List of the Legislation in the form of a Code, namely Constitution. Therefore, both the code on wages 2019,The industrial Parliament and state legislatures can relations code 2020,The code on social make laws regulating labour. The central security2020.The Occupational Safety, government has stated that there are Health and Working Conditions Code, over 100 state and 40 central laws 2019 which incorporates the essential regulating various aspects of labour such features of the thirteen enactments. (1) as resolution of industrial disputes, The Factories Act, 1948 (2) The Mines working conditions, social security and Act, 1952; (3) The Dock Workers (Safety, wages. The Second National Commission Health and Welfare) Act, 1986; (4) The on Labour (NCL) “Occupational Safety, Building and Other Construction Health and Working Conditions The of Workers (Regulation of Employment and the Workers” in June, 2002.It found Conditions of Service) Act, 1996; (5) The existing legislation to be complex, with Plantations Labour Act, 1951; (6) The archaic provisions and inconsistent Contract Labour (Regulation and definitions. Abolition) Act, 1970; (7) The Inter-State Migrant workmen (Regulation of To improve ease of compliance Employment and Conditions of Service) and ensure uniformity in labour laws, the Act, 1979; (8) The Working Journalist NCL recommended the consolidation of and other News Paper Employees central labour laws into broader groups (Conditions of Service and Miscellaneous such as (i) industrial relations, (ii) wages, Provision) Act, 1955; (9) The Working (iii) social security, (iv) safety, and (v) Journalist (Fixation of rates of wages) welfare and working. Basing on the Act, 1958; (10) The Motor Transport www.ijar.org.in 89

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Workers Act, 1961; (11) The Sales of “family” to include therein the Promotion Employees (Conditions of dependent grandparents in order Service) Act, 1976; (12) The Beedi and to take care of them in old age. Cigar Workers (Conditions of Employment) Act, 1966; (13) The Cine (iv) to provide the concept of “one Workers and Cinema Theatre Workers registration” for all Act, 1981. establishments having ten or more employees. Major changes occurred in Safety, Health and Working Conditions aspect in the (v) to constitute “the National code. it has merged 622 sections into 134 Occupational Safety and Health sections in xiii chapters The salient Advisory Board” to give features of the said Code, inter alia, recommendations to the Central provides for the following, namely:–– Government on policy matters, relating to occupational safety, (i) to impart flexibility in adapting health and working conditions of dynamic factors and workers. technological changes, in the matters relating to health, (vi) to constitute “the State safety, welfare and working Occupational Safety and Health conditions of workers. Advisory Board” at the State level to advice the State (ii) to apply the provisions of the Government on such matters proposed Code for all arising out of the administration establishments having ten or of the proposed Code. more workers, other than the establishments relating to mines (vii) to make a provision for the and docks. constitution of “Safety Committee” by the appropriate (iii) to expand–– (a) the ambit of the Government in any provisions relating to working establishment or class of conditions of cine and theatre establishments. workers to include them in the digital audio-visual workers (viii) to allow the women employees encompassing all forms of to work at night, that is, beyond electronic media; (b) the scope of 7 PM and before 6AM subject to journalists to include them in the conditions relating to safety, electronic media such as in e- holiday, working hours and their paper establishment or in radio consent. or in other media; (c) the scope (ix) to make a provision of “common of Inter-State migrant workers license” for factory, contract to include therein the workers labour and beedi and cigar recruited or engaged by an establishments and to introduce employer directly, from one the concept of a single all India State to another State for license for five years for employment in his engaging the contract labour. establishment; (d) the definition www.ijar.org.in 90

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(x) to enable the courts to give a a date as notified by the Central portion of monetary penalties Government. The Central Government upto fifty per cent. to the worker through this Code has also tried to who is a victim of accident or to addressed the issue involving the legal heirs of such victim in 'unorganized workers' and their welfare the case of his death. and has proposed for establishment of Social Security Fund, which will be (xi) to make a provision for created from the amount of fine/penalty adjudging the penalties imposed as received from compounding of offences under the Code. or through any source as may be Conclusion prescribed by the appropriate The concept of renewable ‘work specific Government. The fund so collected shall license’ has also been introduced which, be expended for the welfare of workers in means that the contractors can obtain such manner as may be prescribed license for a specific work order also The including transferring the amount of Code mainly covers the Factories Act, Fund to any other Fund established Contract Labor Act, Inter-state Migrant under any other law for welfare of Workers Act and such other 10 other unorganized workers. labor laws and will come into effect from

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A Study on Agro-Based Industries in Karnataka

*Dr.Harish.N. MA.Ph.D., Lecturer in Economics Adarsha PU College 12th Cross, 1st Block, R.T.Nagar Bengaluru-560032. Karnataka,India.

Abstract

Agriculture is the largest and traditional sector of economic activities in India, where agriculture contribution is an essential requirement for economic development as it provides food and raw materials, but besides generating employment and income for large proportion of population. Economic expansion of any country depends on development of agriculture and industry as well. Agro-based industry refers to an industry that adds value to agricultural raw materials through processing in order to produce marketable and usable products that bring forth profits and additional income to the producer. Agro industries produce consumer goods like sugar, tea-coffee, leather, silk milk, jute and cotton products etc,. Agro-based industries play a vital role in economic development. They can contribute towards equitable distribution of income, and promote decentralized development within the economy.

Key Words: Production, Consumer, Industries, Agriculture, Occupation, Development etc.

Introduction agriculture and industry together. In order to ensure balanced development, Agriculture is the largest and traditional agriculture and industrial development sector of economic activities in India, must go hand in hand, because both are where agriculture contribution is an integral components of development essential requirement for economic process, as agriculture provides raw development as it provides food and raw material to industry and industrial sector materials, but besides generating provides inputs to agriculture. Many employment and income for large industries depend on agricultural sector proportion of population. Share of for raw materials. Among these agro- agriculture in gross domestic product based industries, obtain their raw (GDP) has declined in recent years, but materials and other basic inputs from Indian agriculture is still the largest agriculture. These two sectors are the economic sector and playing a significant major contributors to economic role in overall socio-economic development by creating employment development of a country. Agriculture opportunities and increase income sector dominates the economy as more generation, growth of these sectors is than half of its workforce depends on this very important for achieving country traditional occupation particularly in economic development. rural area for employment and livelihood (Vijay RBhosale2016). Economic Economic expansion of any country development of any country like India depends on development of agriculture depends on development of both and industry as well. For instance, in www.ijar.org.in 92

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India agriculture and allied sectors to produce marketable food products that contributed nearly 22 per cent of GDP prepared and served by the consumer. during the period 2001-2011, and more The agro-based non-food processing than 70 percent of the population sector can be sub divided into depends on agriculture for their heterogeneous segments like textile, livelihood. Economic history of many wood, paper, and leather based products nations indicates economic development (Desai, B M and N V Namboodri 1992). is result of growth in all sectors as they are inter-dependent in promoting Agro-based industries play a vital role in development of agriculture holds key to economic development. They can growth of economy, as a whole by contribute towards equitable distribution identifying the relation between of income, and promote decentralized agricultural and non-agricultural sectors development within the economy. They (Surya Prakash1996). It may be observed generate employment opportunities on a from traditional pattern of economic large scale and contribute significantly to development adopted a positive approach the process of self-sustained economic to create employment opportunities in growth. Agro-based industries have non-farm sector in rural areas, thereby importance in mechanization of diverting surplus labour from agriculture agriculture. Inputs supplied by these to agro industries, which were labor- industries act as a pre-condition for intensive, which indicates inter- rapid, sustained a growth, and function relationship between agriculture and as motivating agent to bring about take industries, i.e. agro-based industries. off stage in agriculture and ultimately in the economy as whole (Gandhi V P and Generally, agro-based industry refers to Mani G 1994). Further Agro-based an industry that adds value to industries use domestic raw materials agricultural raw materials through and technical skills; they reduce pressure processing in order to produce on foreign exchange requirements. Agro- marketable and usable products that based industries assure a ready market bring forth profits and additional income for the farm products and stabilize to the producer. Agro industries produce farmer's income. Agro-based industries, consumer goods like sugar, tea-coffee, by leading to mutual development of leather, silk milk, jute and cotton agriculture and industry, clear the way products etc., for rural development. Excessive dependence on agriculture for The term of agro industry, refers to those employment forms a vicious circle and industries using raw materials from leads to unemployment, low productivity, agriculture to produce processed goods on low income and consequently low saving commercial scale. Agro-based industries and low investment. Agro-based are classified into two categories namely industries create opportunities to absorb food processing industries and non-food surplus labour in agriculture and thereby processing industries. Food processing is help to break vicious circle of rural the transformation of cooked ingredients, poverty. By increasing agricultural by physical or chemical means into food, income, they make farmers go for or of food into other forms. Food innovation and adopt modern techniques processing combines raw food ingredients www.ijar.org.in 93

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] of production to raise farm productivity clarified as input based industries, such (Venkaiah V 1987). as fertilizers and pesticides, and output based industries, such as rice milling, Meaning and Definition of Agro based paper products and leather products. Industries The National Council of Applied Agro-industries, which are dependent on Economic Research has defined agro- their raw materials from agriculture, based industries as those, which either horticulture and sericulture, etc., which use agricultural raw materials or make create supplementary sources of things that farmers need for their employment in addition to agriculture agricultural needs. Agro-industrial and allied activities. Conceptually agro- integration defined as an organic link industries depend not only on the out-put between agriculture and industries that of agriculture and allied activities, but use agricultural raw materials on one also supply inputs like agriculture hand, and on other industries that equipment, fertilizers and pesticides etc., manufacture agricultural inputs.

The agro-industries also include various Nature and Scope of Agro based production units engaged in processing Industries in India agricultural produce such as wheat milling, rice mills, oil crushing, cotton The definition coined by, United Nations ginning, sugar and tobacco Industrial Development Organization manufacturing, canning and preservation (UNIDO) restricts scope of agro based of fruits and vegetables and so on. It can industries in as much as it includes only be say, that the agro-industries have both those industries which utilize the raw forward and backward linkages (Reddy material of agriculture specifically Kumari 2014). defined as agro-based industries. But fisheries, forestry, animal husbandry, UNIDO (United Nations Industrial sericulture, poultry that do not Development Organization) defined, specifically come under its purview. agro-industry as those industries which Besides which is included as agro allied use raw materials from agriculture as industry does not properly come in the main material from which manufactured concept as this industry little lies the raw goods are produced on a commercial materials mainly from forestry and its scale. The term agriculture also includes end use extends into agro allied industry. animal husbandry, poultry, textiles, Thus a more possible and clear fisheries and forestry. It further defined conception needs to be projected to agro related industries as those which clearly demarcate various areas based on produce inputs to agriculture or even utilization and functional criteria. This material used for protection of also leads us to some other industries agricultural products. such as fertilizer making where The term agro-industries as referred to in agricultural work has mainly utilized for the national context applies to those use as an input agriculture, sericulture, industries which are contributing for the which does not directly utilize development of agriculture including agricultural production but are mainly agricultural produce these are further concerned with rearing of honeybees, silk worms respectively and the cold storage, www.ijar.org.in 94

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] which only has the purpose of protection Generally, agro-based industries and conservation of produce. classified into four types as under. 1. Agro-Produce Processing Units In brief, the agro-based industries simply Those industrial units, which simply following: i) These must foster the spirit process the agricultural produce, come of interdependence between agriculture under this category. They do not and industry. ii) Such industries must manufacture new products. They merely use the raw materials provided by process the agricultural produce as raw agriculture, and their output must have a material, so that it can be preserved and market among the rural population. iii) transported at cheaper costs, e.g. rice Surplus rural workers must have mills, Dall mills and groundnut mills etc. absorbed by these industries. iv) 2. Agro-Produce Manufacturing Units Improved technology can be adopted in These manufacture the entirely new order to increase productivity. v) Such products based on agricultural product as industries should as for as possible, use the main raw material. The finished the indigenous technical knowledge and goods will be entirely different when conserve the foreign exchange by compared to their original raw material avoiding the import of sophisticated e.g. sugar, textile mills, solvent extraction machinery (Nakkiran S 1972). units, straw board units etc. Classification of Agro based Industries in 3. Agro-inputs Manufacturing Units India These units produce goods either for Conceptually, agro-based industries are mechanization of agriculture or for the industries dependent not only on the increasing productivity. Mainly: output of agriculture and allied activities fertilizers, pesticides, insecticides and the but also on the inputs in agriculture like industries manufacturing agricultural agricultural machinery and implements, implements, pump sets, etc. fertilizers, pesticides. Etc. However, according to the criteria set forth by the Planning Commission (1969). The agro- 4. Agro-Service Centres based industries defined as follows, Agro-Service Centres are workshops and i. Which encourage greater input into service centres, which are engaged in agriculture. repairing and servicing of pump-sets, ii. Which lead to better processing and diesel engines and all types of farm conversion of agricultural commodities. equipment. iii. Which ensure high returns on processed goods, and Agro industries classified based on raw iv. Which increase agricultural material or final product in India are production. presented in Table No 1.

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Table No 1. Category wise Agro based Industries in India

Category (Based on Sl. No. Raw Material) Finished Products Cereals Based 1 Industry a) Wheat Flour b) Biscuit Manufacturing c) Confectionary and Bakery Items d) Rice (puffed and flaked) e) Rice Bran and Rice Bran Oil f) Corn flakes g) Canned Baby Corn h) Starch Material Pulses Based 2 Industry a) Gram Flour

b) Papad c) Whole or Split Dal Oilseed Based 3 Industry a) Edible Oil b) Animal Feed c) Processed Seed (Sesame) Fruits & Vegetables 4 Based Industry a) Frozen fruits & Vegetables b) Chips & Wafers (Ready to Eat snacks) c) French Fries (Ready to Eat snacks) d) Dehydrated Vegetables e) Ketchups, Purees & Concentrates f) Juices g) Pickles Spices Based 5 Industry a) Pastes & Powders b) Oleoresins c) Aromatic Extractions 6 Dairy Based Industry a) Skimmed Milk Powder, Ghee ,etc. Floriculture Based 7 Industry a) Fresh & Dried Flowers 8 Fisheries Industry a) Fish Processing b) Fish meal c) Fish / Prawn Pickle 9 Livestock & Poultry a) Processed Poultry Products b) Meat Gravy Concentrates c) Mutton & Lamb Processing Medicinal Herbs 10 Based Industry a) Medicinal Products 11 Cotton & Jute Based b) Fibres processing www.ijar.org.in 96

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Industry Sugarcane Based 12 Industry a) Jahangir b) Confectionary & Bakery Products Plantation Crops 13 based Industry a) Tea Powder b) Coffee Powder 14 Others a) Honey b) Mushrooms Source: Ministry of statistics and programme implementation, GOI (2011).

Conclusion Pattern of Value Addition from Food Agro-based industries play a vital role in Processing. Indian Journal of economic development. They can Agricultural Economics.50(3). contribute towards equitable distribution 5. Gouradevi S Katnalli (2011), Agro of income, and promote decentralized Based Industries in India, An development within the economy. They Economic Analysis, ABD Publishers generate employment opportunities on a New Delhi, pp.1-24. large scale and contribute significantly to 6. Kargcand Mishras N (2004) Agro the process of self-sustained economic Industries and Economic growth. Agro-based industries have Development, deep & deep importance in mechanization of Publications pvt. Ltd. agriculture. Inputs supplied by these 7. Ministry of statistics and programme industries act as a pre-condition for implementation, GOI (2011). rapid, sustained a growth, and function 8. NakkiranS- "Agro Industrics in as motivating agent to bring about take Indian Economy", Khadi- off stage in agriculture and ultimately in Gramodyog, Vol. - 18, No.3, June the economy as whole. 1972, P.528. References 9. Nirmal Reddy, M (2006), The Production and Performance of Agro 1. Annual Survey Industries Report Based Industries in Nelagonda (GOI) 2016-17. District, Paper Submitted at 2. Bhavana Soni and Mohith Gupta National Seminar on Role of Indian and others (2013), Development of Agro Industry in Rural Economic Agro Based Industries in India. Development- A Perspective. International Journal of Scientific 10. Paramasivan C and Pasupathi R and Engineering Research, vol.4, (2016), Performance of Agro No.9, ISSN 2229-5518. Industries in India.National Journal 3. Desai, B M and N V Namboodiri of Advanced Research vol. 2, No.6, (1992), “Development of Food- PP.25-28. processing industries” Economic and 11. Pavan Kumar Dhiman (2011), political weekly, Vol 26, March 28, Problems and Prospects of Small pp A38-42. Scale Agro Based Industries an 4. Gandhi V P and Mani G (1994), Agro Analysis of Patiala District, Processing for Development and International Journal of Exports: The Importance and www.ijar.org.in 97

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Multidisciplinary Research,1(4) Analysis, IOSR Journal of pp.129-142. Economics and Finance (IOSR-JEF) 12. Pawan Kumar Dhiman, Amita Rani PP.15-25. (2011), Problem and Prospects of 16. Srivastava U K (1989), Agro Small Scale Agro Based Industries: Processing Industries: Potential, An Analysis of Patiala District. Constraints and Tasks Ahead. International Journal of Indian Journal of Agricultural Multidisciplinary Research Vol.1 Economics, 44(3):242-256. Issue 4, ISSN-22315780. 17. Vasanth Gandhi, Robin and 13. Rajiov Khosla (2013) Inter Industry Gaurikumar (2001), Agro Industry Differences in Efficiency of Agro for Rural and Small Former Processing Industries in Indian Development: Issues and lessons States. International Journal of Arts from India, International Food and and Commerce, 1 (3): 1 -21. Agro Business Management 14. Randeni (2011) The Potential of Research PP331-344. Developing Agro Based Industries in 18. Venkaiah V (1987), Impact of Agro Srilanka with Special Reference to Based Industries on Rural Economy, North Central Province. Himalaya Publishing House, International Conference Bombay, p.18. Management, Economics and Social 19. VikramPuri (2012), Agro Business a Sciences. 605 -608. Great Career Opportunity for 15. Reddy and Kumari (2014), Talented People, International Food Performance of Agro Based and Agro Business Management,15 Industries in India: A Critical pp.27-30.

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Nursing Studies about Percutaneous Endoscopic Gastrostomy in Turkey

Yasemin ALTINBAŞ*, Emine DERYA İSTER** and Türkan KARACA* *Department of Nursing, Faculty of Health Sciences, Adıyaman University, Adıyaman, TURKEY. **Department of Nursing, Faculty of Health Sciences, Kahramanmaraş Sütçü İmam University, Kahramanmaraş, TURKEY.

Corresponding Author Asst. Prof. Dr. Emine DERYA İSTER Assistant Professor, PhD RN, Department of Nursing, Faculty of Health Sciences, Kahramanmaraş Sütçü İmam University, Kahramanmaraş, TURKEY. Abstract PEG is one of the most common methods used today due to its advantages such as not requiring surgical operation, being able to be opened with a slight sedation at the bedside of intensive care patients and low cost. Nurses, who have an important place in the nutritional support team, are responsible for providing written and oral training and maintaining care in line with the learning needs, wishes and abilities of patients and caregivers. Therefore, this study was carried out to examine the work done by nurses, who have an important place in the care of patients with PEG, in the field of PEG. The universe of the study in question Turkish Citation Index and engine 'Nursing' and 'Percutaneous Endoscopic Gastrostomy' are you build all issues involving in December 2020. The sample of the research was determined by criterion sampling, which is one of the purposeful sampling methods. This research is a systematic study and the research has been patterned in the scanning model, and the data have been collected by the document analysis technique. In order to examine the studies reached, a "Review Form" was developed by the researchers for the purpose of the study. The data obtained in the research were coded according to the document analysis coding method. It has been determined that there were 7 studies meeting the research criteria. The studies were conducted between 2016 and 2020. Four of the seven studies were nursing masters or doctoral dissertations. One of the four dissertations was a doctoral thesis and aimed to assess and compare the effects of three different care methods (hydrogel, soap and water, normal saline) on peristomal skin integrity of the children with PEG tube. The studies discussed in this systematic study are generally focused on problem determination and it has been observed that the number of solution-oriented studies is low. There are no experimental studies among the studies conducted in the adult group, and it is recommended to conduct experimental studies aimed at solving the problems of adult patients, caregivers and family members. Key words: Percutaneous Endoscopic Gastrostomy, Nursing, Systematic Study

Introduction immune response and normal flora, In order to preserve the integrity of the patients who cannot be fed orally, despite gastrointestinal mucosa, maintain normal gastrointestinal system functions, mucosal barrier function, intestinal should be fed using the enteral route as www.ijar.org.in 99

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] much as possible [1]. ESPEN (European rare if PEG tube care is done carefully Society of Clinical Nutrition and [4,5]. Nurses, dieticians, pharmacists and Metabolism) recommends percutaneous doctors work in the nutritional support endoscopic gastrostomy (PEG) for team/unit in hospitals. The nutritional patients who require nutrition in the support team/unit closely monitors the clinic for more than 2 to 3 weeks [2]. patient and family from the moment the PEG is the procedure of inserting a tube decision is made to place the PEG tube directly into the stomach through the and ensures that this process continues abdominal wall in patients whose oral in a healthy way. Nurses, who have an intake is not sufficient but whose GIS important place in the nutritional functions are normal. Today, PEG is support team, are responsible for frequently applied to patients who are providing written and oral training and hospitalized in palliative wards and maintaining care in line with the learning intensive care units, who cannot be fed needs, wishes and abilities of patients and orally and who will need to be fed by tube caregivers. In this context, the trainings for at least 4 weeks. Before the PEG tube and follow-up on PEG provide the is placed, the diagnosis, prognosis, reduction of problems after discharge, the expected feeding time as well as the easy solution of the problems wishes of the patients and their relatives encountered, the increase of patient and and their effects on the quality of life are caregiver satisfaction, the improvement among the issues that should be of the life quality of the patients and the considered [3]. PEG tube is among the decrease of the cost [6-9]. Therefore, this indications of swallowing disorders, study was carried out to examine the upper GIS neoplasms, polytrauma, long- work done by nurses, who have an term mechanical ventilation and important place in the care of patients perioperative period in oropharyngeal with PEG, in the field of PEG. surgery due to neurological reasons [4]. Materials and Method PEG is one of the most common methods The universe of the study in used today due to its advantages such as question Turkish Citation Index and not requiring surgical operation, being engine 'Nursing' and 'Percutaneous able to be opened with a slight sedation Endoscopic Gastrostomy' are you build all at the bedside of intensive care patients issues involving. The screening was and low cost [4,5]. Procedure-related conducted in December 2020. The sample mortality rate is less than 1% in the of the research was determined by literature. Experienced endoscopists with criterion sampling, which is one of the different techniques used in PEG tube purposeful sampling methods. The placement achieved a 99% success rate inclusion criterias for this systematic with low mortality and complication study are; It is determined as studies prevalence. PEG insertion complications conducted with adult patients or are classified as minor and major. Major caregivers that can be accessed between complications have been reported with a the dates specified in the search engine rate of 1-4% and minor complications and include keywords (Figure 1). with a rate of 8-30%. Complications are

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Figure 1. Screening and selection process This research is a systematic associations with a pilot study, the draft study and the research has been was finalized with minor corrections and patterned in the scanning model, and the used in our study. data have been collected by the document This study was conducted in analysis technique. In the research, 7 accordance with the principles of the studies classified according to the World Medical Association Declaration of Research, Author (s), Year, Aim, Helsinki "Ethical Principles for Medical Research Type, Population and Sampling, Research Involving Human Subjects". Data Collection Tools, Performed Results Statistics, Results and Conclusion It has been determined that there were 7 categories were reached. In order to studies meeting the research criteria. The examine the studies reached, a "Review studies were conducted between 2016 and Form" was developed by the researchers 2020. Four studies were in 2016, two in for the purpose of the study. The data 2018 and one in 2020. Four of the seven obtained in the research were coded studies were nursing master's or doctoral according to the document analysis dissertations. One of the four coding method. A draft of the coding list dissertations was a doctoral thesis and was reviewed with an academic expert in aimed to assess and compare the effects the field, and after testing a few of three different care methods (hydrogel, www.ijar.org.in 101

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] soap and water, normal saline) on of the studies, quantitative research peristomal skin integrity of the children method was used, and qualitative with PEG tube. Master's thesis studies research design was used in one sudy. were conducted to determinete of the Two of the studies were done in effect of based on Orem's Self Care experimental design. Others are made in Theory educating on satisfaction of a descriptive pattern. In the studies, gastrostomy feeding, quality of life, sampling 21-126 patients and / or caregiver burden, state-trait anxiety and caregivers were included. Most of the complication rates regarding parents of studies have been done with the child children with gastrostomy, to reveal with gastrostomy and the caregiver or caregivers’ experiences about caring for family. In the studies, data were mostly patients with percutaneous endoscopic analyzed with descriptive statistical and gastrostomy, and to evaluate the nonparametric tests. According to the knowledge and practice of the caregivers study findings, the patient had the lowest about enteral nutrition who care for rate of complications that could affect patients fed through a percutaneous peristomal skin integrity in the stoma endoscopic gastrostomy tube. Other area, in the group treated with hydrogel. studies were carried out to determine the After the education given to families, it behavior associated with care of parents was found that the care burden and of children with feeding gastrostomy tube anxiety decreased and the quality of life at home, to examine problems at home generally increased. In the studies, it was experienced families whose children with found that caregivers or mothers had a PEG, and to determine the care burden lack of knowledge and misapplications of parents who had child with about childcare with PEG (Table 1). gastrostomy and affecting factors. In six

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Discussion with the increase, the quality of life of the This study was carried out to examine patient and caregiver is also adversely the work done by nurses, who have an affected [21]. In this research, ıt was important place in the care of patients found that, the care burden of the with PEG and found that there were 7 mothers were medium and high level and studies. they have incorrect and incomplete One of the thesis found that glycerin- applications. These results have also based hydrogel for use in the stoma care emerged in the studies mentioned in this process with a view to enhancing the research. peristomal skin integrity. Because Other studies were carried out to decreasing complications can prevent determine the behavior associated with prolonged hospital stays and costly care of parents of children with feeding interventions caused by peristomal skin gastrostomy tube at home, to examine problems as well as increase the quality problems at home experienced families of nursing care, the studies aimed to whose children with PEG, and to evaluate materials applied to the determine the care burden of parents peristomal area to maintain skin who had child with gastrostomy and integrity in patients with a stoma [17]. affecting factors. PEG use prevalence in However, studies comparing the children is quite a lot. An average of protective abilities of these 11,000 children under the age of 8 in materials/methods to prevent peristomal America each year gastrostomy tube is skin problems in patients with a PEG are inserted [25]. In a study in the literatüre, limited [18,19]. This studies provides families of children fed with gastrostomy nurses clinical outcomes which products tube are not get enough information at they can use in clinics about maintaining the time of discharge and therefore peristomal skin integrity after operation. correct care at home. They stated that Master's thesis studies were conducted to they had problems in following their path invastigate gastrostomy feeding, quality and disease management [16]. In this of life, caregiver burden, state-trait research, it was concluded that caregivers anxiety and complication rates of had a lack of knowledge about childcare gastrostomy, caregivers’ experiences and with PEG as found in the literature. enteral nutrition. There are various studies about quality of life of patients Conclusion with PEG and caregiver of them in the Percutaneous endoscopic gastrostomy literatüre [20-22]. In many countries, tube is a safe, practical, effective method family has always been and still is the for long-term enteral nutrition and is primary provider of long-term care [23]. often preferred. The effective use of the Therefore, care of patients with PEG has PEG tube for a long time is possible with become a crucial issue. However, it is the effective training of the well-informed difficult for the families to bear the and experienced healthcare personnel to burden of care. Moreover, those who take the patient and / or their family, and the on the caregiver role within the family follow-up of these patients after usually need guidance, support and discharge. With the decision to attach the specific skills to be able to provide PEG tube to the patient, regular follow- complex care services [24]. In the case of up of the patient and education with his long-term care, the maintenance burden family and / or to increase the adaptation www.ijar.org.in 107

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] of the family to the PEG tube, and to [5] Sobotka L. ed. Klinik nütrisyon reduce the care burden of their relatives temelleri. Çev. ed. Gündoğdu RH. during the care process together with Ankara: Bayt Yayın; 2017.s: 314-6. preventing complications. [6] Rahnemai-Azar AA, Rahnemaiazar The studies discussed in this systematic AA, Naghshizadian R, Kurtz A, Farkas study are generally focused on problem DT. Percutaneous endoscopic determination and it has been observed gastrostomy: indications, technique, that the number of solution-oriented complications and management. World studies is low. There are no experimental Journal of Gastroenterology: WJG. studies among the studies conducted in 2014;20(24):7739. the adult group, and it is recommended to [7] Friginal-Ruiz AB, Lucendo AJ. conduct experimental studies aimed at Percutaneous endoscopic gastrostomy. solving the problems of adult patients, Gastroenterology Nursing. caregivers and family members. 2015;38(5):354-66. Statement of ethical approval [8] Uysal N, Eşer İ, Khorshid L. The present research work does not Examination of nurses' applications and contain any studies performed on records regarding enteral nutrition animals/humans subjects by any of the process. Journal of Anatolia Nursing and authors. Health Sciences. 2011;14(2). Disclosure of conflict of interest [9] Hisar KM, Erdoğdu H. Determining The authors declare that there is no the quality of life status and influencing conflict of interest. factors in home healthcare areas. Genel Tıp Dergisi. 2014;24:138-42. References [10] Pars H. The effect of three different [1] Marik PE, Zaloga GP. Early enteral care methods on peristomal skin ıntegrity nutrition in acutely ill patients: a of the children with percutaneous systematic review. Crit Care Med. endoscopic gastrostomy tube [PhD. 2001;29(12):2264-70. dissertation]. Ankara, Hacettepe [2] Löser C, Aschl G, HébuterneX, Niv Y, University Institute of Health Sciences; Rollins H, Singer P, Skelly RH . ESPEN 2016. guidelines on artificial enteral nutrition [11] Sulahan D. Evaluation of percutaneous endoscopic gastrostomy educational efficiency based on orem's (PEG). Clin Nutr. 2005;24(5):848-61. self-care theory given to parents of [3] Kahveci G, Çelik S. Preparation, children with gastrostomy [PhD. follow-up and discharge traınıng of the dissertation]. Ankara, Health Science patıent fed wıth percutaneous endoskopic University Gulhane Institute; 2016. gasrostomy tube. Journal of Intensive [12] Kahveci G. Evaluation of knowledge Care Nursing, 2020;24(1):22-31. levels and practices about the enteral [4] Azar AR, Rahnemaiazar AA, nutritional practıces of individuals carıng Naghshizadian R, Kurtz A, Farkas DT. for patıents fed through percutaneous Percutaneous endoscopic gastrostomy: endoscopic gastrostomy tube [Master ındications, technique, complications and thesis]. Istanbul, Istanbul Okan manageent. World J Gastroenterol. University Graduate Education Institute; 2014;20(24):7739-51. 2020. [13] Sezer RE. Caregivers’ experiences about caring for patients with www.ijar.org.in 108

International Journal of Academic Research ISSN: 2348-7666; Vol.7, Issue-12 (1), December, 2020 Impact Factor: 6.023; Email: [email protected] percutaneous endoscopic gastrostomy related quality of life: A systematic [Master thesis]. Ankara, Hacettepe review. Nutrients 11.5 (2019): 1046. University Institute of Health Sciences; [22] Yoon, Ezekiel Wong Toh, et al. 2018. Percutaneous endoscopic transgastric [14] Pars H. Practices Made by Parents jejunostomy (PEG-J): a retrospective for Home Care of Children Fed with analysis on its utility in maintaining Gastrostomy Tube. Turkiye Klinikleri enteral nutrition after unsuccessful Journal of Nursing Sciences. gastric feeding. BMJ open 2016;8(3):187-96. gastroenterology 3.1 (2016). [15] Semerci R, Akgun Kostak M, Guray [23] Inci FH, Erdem M. Validity and O. Care Problems of Parents Who Have reliability of the burden ınterview and its Children with Gastrostomy at Home. adaptation to Turkish. Journal of Euras J Fam Med 2018;7(2):61-67 Atatürk University Nursing School. [16] Esenay FI, Sezer TA, Kurşun Ş, 2008;11(4): 85-95. Gedik GG. Problems Experienced by the [24] Salama RAA, El-Soud FAA. Family of a Child with Percutaneous Caregiver burden from caring for Endoscopic Gastrostomy in Home Care. impaired elderly: a cross-sectional study Journal of Current Pediatrics. in rural Lower Egypt. IJPH. 2012;9(4):1- 2016;14(3).20-25. 10. [17] Karaca T, Korkmaz F. A quasi- [25] Healthcare Cost and Utilization experimental study to explore the effect Project. Healthcare cost and utilization of barrier cream on the peristomal skin of Project (HCUP).2006. patients with a tracheostomy. Ostomy/Wound Management 64.3 (2018): 32-39 [18] Blumenstein, Irina, et al. A glycerin hydrogel‐based wound dressing prevents peristomal ınfections after percutaneous endoscopic gastrostomy (peg) a prospective, randomized study. Nutrition in Clinical Practice 27.3 (2012): 422-425. [19] Aschl G, Kirchgatterer A, Fleischer M, et al. The frequency of wound infections after PEG-placement and utilization of glycogel wound dressing: a randomized controlled trial. Wien Klin Wochenschr 2008;120:224-7. [20] Hussein E, Sobhy E, and Lobna Mohamed Mohamed Abu Negm. Nursing- Based Guidelines for Caregivers regarding Adult Patients with Percutaneous Endoscopic Gastrostomy. The Open Nursing Journal 14.1 (2020). [21] Ojo, Omorogieva, et al. The effect of enteral tube feeding on patients’ health- www.ijar.org.in 109