Understanding Islam- social ethics context Essay

Understanding Islam- social ethics context - Essay Example This paper takes off from the work of Reza Aslan entitled ‘No god but God: The Origins, Evolution, and Future of Islam’ to get a grip of the Islamic religion from the perspective of social ethics. Islam is very interesting from the lens of social ethics for the way the religion defines to a large extent the moral standards of whole societies, nations and regions where Islam takes root. It is also very fascinating for the way the religion’s social, moral and ethical values stand in stark contrast in practice to those that are shared in the west, and in the rest of the world, even to Asia. Popular images in the media depict Islamic societies as somewhat restrictive in many areas, and the popular image of the veiled woman who is somewhat restricted in terms of education and economic opportunities, and is subjugated by paternal social and familial arrangements, highlights just how different the moral and ethical standards of Islam is to the moral and ethical standards of western societies especially, that are more egalitarian in contrast. Era-defining events, such as the September 11 attacks, have come to shape discourse on what the west perceives as the clash between Islam and the West, as Aslan points out (Aslan, 2005, p. xxiii). In Aslan’s book, he traces the historical roots of Islam and the intent and spirit of the originator of Islam, the prophet Muhammad, to bare in essence an ideal of society and of Islamic religion that is in fact closer to western ideals.

Two Dimensional Materials, Tools And Processes Essay Example for Free

Two Dimensional Materials, Tools And Processes Essay Introduction Artists throughout the centuries have utilized medium and formulated its distinction together with themselves. Understanding a work of art does not plainly rely on the history, the artist and the purpose or them, sometimes there is more to it that people fail to analyze. Some people disregard the materials and processes utilized in order to accomplish a specific artwork. Indeed there is more to materials than just things or medium used in order to accomplish art. The following will showcase two sample masterpieces that display meaning with the help of the materials, processes and other tools. â€Å"Prophet† by Emile Nolde (p. 217) Essentially, the heart of this piece revolves around the material conveyed and the message that it displays. Nolde used woodcutting that exposed a more recognizable effect of emotion as seen in the piece. Woodcutting is a relief process that creates a different form of line control due to the effect of the ink being pushed down the areas and wiped from its surface. It enhances the lines even more and produces a more deeper representation of texture. As seen in the â€Å"Prophet†, Nolde takes advantage of woodcuts to get a more expressed feeling of emotion in the face of the main element of the piece. The title and the piece correlates well with each other but the over-all effect wont be possible without Noldes use of woodcuts. In order for him to portray the more expressed feelings of spirituality and deep emotion, he needed to create lines and texture that arouse viewers. Most works that utilized this kind of medium showcases deeper effects in the aspect of emotions. The lines of these works show more feelings and the overall presence compels viewers. The boldness in the effect seen in the piece creates a critical dependency on the material and the process incorporated to accomplish the work.   Clearly, the masterpiece showcases a typical German Expressionist message. The jagged lines, the dented areas and the woods textured grain efficiently collaborates well with the main message being carried out from this faithful mans face. The â€Å"Prophet† is clearly one of the works that displays a definitive importance when it comes to materials and how it was processed just to be accomplished. Emile Nolde relied on a more deeper expression and a bolder portrayal of his message in the piece. He achieved it by incorporating woodcutting as the means. Clearly, if he used a different medium, the effect wont be as greater than this. â€Å"Hurricane Over Horsemen and Trees† by Leonardo Da Vinci (p. 195) In this masterpiece, Leonardo used pen and ink over black chalk with wash on grey washed paper. He skilfully made use of the effect of pen and ink on a grey washed paper that led to an assisting effect with regards to the subject of the work, which tangles with nature. His utilization of his great imagination is displayed along with the effect of the power of nature. This wont be realized without his expert choice of medium. Creating that natural occurrence effect shows a more descriptive form of representation. There is definitely a mythical touch to it as seen in the elements composing the work. Deeper understanding of why that material and medium is used can be concluded in such different ways, but as a viewer, there is such importance to its role that it dictates the whole effect of the artwork. Without his use of Pen, the lines wont be as fine as it looks like and the circular effects wont be as effective as it looks. The use of grey washed paper highlights the floating effect of the elements which in turn reflects a much stronger expression as seen in the textures and shadows. Conclusion Such is the importance of materials, tools and processes on artwork that it assists on a major scale. Its critical role emphasizes effectiveness and suggests a deeper representation or understanding regarding the masterpiece itself. REFERENCES Sayre, H. (2006). A World of Art. New York: Prentice Hall. http://www.wsu.edu/~delahoyd/20th/expressionism.html http://www.universalleonardo.org/trail.php?trail=198work=354 https://courses.worldcampus.psu.edu/art001su08/course/lesson09/print.html

Strategic Analysis Of Blacks Leisure Group Plc Marketing Essay

Strategic Analysis Of Blacks Leisure Group Plc Marketing Essay Nowadays, many of organizations are faced with challenges of strategic development. To overcome significant problems, all organization desire to grasp new opportunities. In 21st Century, changes in strategic direction very important, we cant keep using the traditional way to operate a corporate. Strategy can help a firm how such decisions are taken and the concepts that can useful in understanding these issues. Overall, a definition of a strategy is required. However, the characteristics can provide the definition (Johnson, Scholes Whittington, 2005): Strategy is the direction and scope of an organization over the long term which achieves advantage in a changing environment through its configuration of resources and competences with the aim of fulfilling stakeholder expectations. This report is give information about the strategic analysis of Blacks Leisure Group PLC. This report includes the following: Background and History Porters Five Forces Value Chain SWOT analysis PEST factors This process will help Blacks Leisure Group understand the company position and impact on strategy of the environment. Background and history Blacks Leisure Group plc is a British outdoor retailer. It owns 3 different brand names Blacks, Millets and Free Spirit. It is listed on the London Stock Exchange. It currently has around 308 stores. The company headquarter is based on Northampton and selling specific products like camping, walking, skilling, cycling, mountain equipment and others. Group history Blacks Leisure Group was formed in 1985 and faced financial difficulties in 1986 and 2009. But in year 1986, Blacks had survived because it received money injection from stakeholders to keep in afloat the following month. Until 2006, it engaged in an expansion of its business by opening many stores but it was short lived. Blacks changed the name of its Blacks Camping stores to Blacks Outdoor in 1994. The reason Blacks changed it name because it try to capture wide range of outdoor products market. At the same time, Blacks only focus its retail outlet on city center. In year 1999, Millets Leisure Plc became the outdoor Group which was bought by Blacks Leisure Plc. Unfortunately in year 2008 and 2009, Blacks loss  £6.8 million, pre-tax loss of  £14.4 million. Blacks had loss before tax to  £5.3m (2010: £43.6m) and in loss before tax and exceptional items to  £6.6m (2010:  £14.1m). In 2009, round 90 stores were close down as a part of restructuring (appendix 1). On November 2009, Blacks reached an agreement with the creditors which needed 75% backing. This saved Blacks from liquidation. In that time, it was a summer time, camping was a popular activity for many families. For those families member who could no longer afford an expensive holiday, outdoor activities are very good for Blacks. Blacks can capitalise the market to become market leader, it estimate  £1.2 billion in UK market. However, the problem with Blacks was its outdoor activities products conveyed for family and those people prefer outdoor activities. To become a very successful company, the process of strategic analysis for Blacks Leisure Group is the examination of the external factors which effect on the activities of the company. A business environment analysis of Blacks Leisure Group Plc, the UK outdoor equipments retailer. The analysis of the industry is conducted using PEST, competitive and Porters Five Forces models.   The internal analysis of Blacks is performed in terms of their assets, core competencies, primary and supporting activities, SWOT features, market, etc. Porter Five forces and value chain analysis can help in understanding the environment and competitive advantage The following shown porters five forces are as follows: Threat of rivalry Blacks need to think how to avoid this generic force because the leisure industry is very high competitive. Entry barriers are not very hard, other competitor can easily entry to this market. Investors have high risk to leave, if the capital costs are strenuous, if not enough. The overall effect is frequent advertisement like newspapers, radio, new product introductions and frequent price battles. Prices is one of the big issues, it can influence the sale such as buy 1 get 1 free, promotion, free delivery and others. In order, to become a market leader, Blacks need become aggressive. Leisure industries are very fierce rivalry. Only the most vigilant firm garner enough support. Threat of new entrants In this industry, it very easy to enter because this leisure industrys capital cost requirements not as high as other industries like manufacture. Additionally, the patent requirement in the industry are not that high. So that Blacks has to be ready for intense competition. Blacks need think for unique and good strategy selling point to sustain their competitor. (Porter, 1985) Threat of Buyers This is because leisure industry is highly differentiated, Blacks has to think and plan how to do well to offer their service in a superior manner to their customers. However, it gives the buyers advantage, consumers can easily switch from one leisure company to another. To keep their brand awareness, Blacks Leisure Group need offering good and high quality to their consumers. Good service also very important, so consumers have no chance to complaint about their products. Threats of suppliers The company operates in an industry segment that has a lot for different substitutes for the products. Consequently, suppliers have a lot of bargaining power. The company can make to cope with threats of suppliers is by teaming up with other leisure company to be more influential in their respective market. Example, the company can fixed all the prices or without any permission, Blacks cannot increase or decrease the prices. Threats of substitutes There are a lot of substitutes in the leisure industry like Cotswold, Mountain Warehouse, Trespass and others company. Therefore, Blacks should invest in research to forecast some of this future threat. Value chain analysis of Blacks Leisure Group Infrastructure Human resource management Technology development Procurement Inbound logistics Operations Outbound logistics Marketing and sale Services Margins Margins Support activities Primary activities Inbound logistics, this include: transportation, material handling, material storage, communication, and test information system. This all inbound logistics are related to the suppliers. For those related to the consumer is outbound logistics. So that Blacks Leisure Group needs to plan and consider how it can outsource its information system which can help them to improve performance. All media are referring to marketing and sales technological. Audio and communication involved in selling the product. Blacks need consider incorporating technological system in service operations. Process and materials involved in the service offering of the company, it call operations technologies. Besides that, Blacks need to plan how to increase their sale, merging some of their business units to sustaining competitive advantage (Thompson Strickland III, 1992). SWOT Analysis Strengths Blacks have very good seller to guide customers to the right outdoor products and equipment, it shown that this as a unique selling point. Blacks also selling good range of products. Products will range in price to meet all customers needs and wants. A good brand name help Blacks developed a common language of style among young people around the UK. Weakness A lack of experience may affect the progression of the business and wrong decision. Blacks has face financial problems (appendix 1). It very important for Blacks to learn from mistake and overcome these problems. Opportunities Outdoor products are a powerful factor for those sports coming into fashion, providing opportunities for fast moving companies. The high streets obsession with sporty fashion is creating opportunities for specialist to distribute performance products through other channels especially internet. The most important thing is know their customers well, all manufacturers and retailers have the option of adapting to any new trend and look. Threat In the event of severe recession, there is a danger of a retail price war breaking out on leisure products, with too many stores competing for the same customers. Retailers face the possible threat of more vertical integration by manufacturer (e.g. Mountain warehouse, Cotswold) PEST factors Political Based on Consumer Protection Act 1987, provides for the safety and protection of consumers by enabling Regulations or orders to be make controlling consumer goods. Provides for approved safety standards to enable compliance with general safety requirements. Next, all company need provides for liability for damage caused by defective products. Finally, prohibits misleading prices indications. The above rules, Blacks Leisure groups must follow the legistration, or else it will be take action by governments. Economic Economic stability is very important for all business. It allows a firm maintain a regular pattern of trade. Sometimes, inflation rate will affected the demand of the market. If the inflation rates grew up a lot mean that the products price will go up. In other ways, consumers purchasing power will decrease, consumers will spend less. This is an example, when governments increase the VAT from 17.5% to 20% Social Sport plays important role in many people social life. So I believe leisure and sport is a big market and large demand. In the future, it will grow rapidly especially with the recent spate of news and media reports regarding heart disease and the dangers of without any exercise. Technological Advances in technology could be advantage to the company. Blacks can try to link or develop software which show all the details of the sales and keep up to date. Latest technology like internet can help Blacks reduce expenditures, in other way it can help firm increase profit. A good website will also help promote and advertise the business, it also a good opportunities to Blacks to open up a new market. Strategic analysis Environmental marketing dynamic and the need for strategic change in order to sustain competitive advantage Nowadays, the world has changed it gaol regard to who are the real competitors. There are a lot of dynamics that come into play when trying to select which companies are Blacks Leisures competitors. Blacks assume that its competitors are other Leisure groups in the country. This is an example Barnes and Nobel used up a lot of resource to expanse many chain but it was underestimated the effect of technology like internet. The company who is call Amazon accessing numerous books without spending much inventory. In 21st century, many consumers want to access service in convenient way. Like Blacks, it online transaction have caused many consumers to leave tangible. Blacks had try to take their business to the internet. Blacks should give online transactions precedence because this has become a vital part of the marketing environment today. (Baird, 1994) Industry Concept To understand a market dynamics, Blacks has necessary to look at competition through different angles. Competition may be defined in relation to industry concept or market concept. Blacks Leisure Group is under monopolistic competition. Blacks offer only a specific range of service to consumer in superior manner. Blacks need to consider issue is entry vs. exit barriers within the industry. The leisure industry has minimal entry barriers and it require low capital to entry to new market. For exit, it rather high because it likely that the assets will be obsolete by the time to leave the exit industries. These dynamics need to be incorporated by Blacks to stay ahead. Now the world has different industries with different level of globalisation. There are a lot number of companies to compete on a global platform, this mean that leisure industry is one of the most heavily hit. Blacks Leisure is not an exception, so Blacks need to break into other market segments owing to the fact that many leisure companies to do same. It would be necessary to check consumers that may be interested in their service (Aaker, 1984) Market Concept Marketers consider competition in different light. It can be define competitors as entity to meet the same consumer need. Even the service may not relate, but they may qualify as competitors. When analysing competition, we can find out which companies are using same strategic path as Blacks Leisure Group. Blacks need always look at other companies whether the competitor under consideration has wide or narrow line. Blacks can analyse the manufacturing costs of its competitor, if the competitor have the same costs, Blacks ought to watch out of it. It can be followed by an analysis of service offering. It is a force worth reckoning, if Blacks competitor offers a high quality or service products. The following step, Blacks can consideration different type of price offer. After doing an analysis of the strategies used by other company, Blacks need to look out for the objectives of their competitors. I will suggest Blacks look at their competitors strength, so it will know how large their share in the market. By examining all the latter issues, Blacks can figure out some loopholes among their competitors and establish itself in the market (Benter and Booms, 1981) Recommendation It is very important developing and sustaining competitive advantage for Blacks Leisure Group. Blacks Leisure ought to be sustaining competitive advantage because the world becomes increasingly interconnected. Globalisation has present new challenge to all leisure industries around the world and also UK. Blacks Leisure Group should make sure that sustain competitive advantage, if they fail to do so the online companies might drive them out of the market. The high technology and internet have further aggravated the situation. It is necessary for Blacks to ensure that they can expand their business or distribution their chain in a cost efficient manner such likes online companies example Amazon. If Blacks is not enough to drive a new change to improve the financial debts, the company has to improve product offering, service and quality to battle with other larger competitor. Leisure companies have a lot of brand names or products, this may give advantage over Blacks to their company strength. However, Blacks should develop and sustain an advantage or competitive advantage over its players in the leisure equipment industry. Blacks Leisure groups stakeholders should not underestimate the effects competition. If they fail to do, it will make loss profits or profits decline. Consequently, Blacks Leisure group need vigilant about to built up a good market positions and managing their brand selectively. Conclusion The Blacks Leisure Group operates in highly competitive market with their competitors. Consequently, Blacks Leisures environmental dynamics cannot be ignored. What can Blacks do is try to sustain competitive advantage include offering superior service, outsourcing their inbound and outbound logistics, integrating business unit, teaming up with leisure groups to strengthen their buyer power from suppliers. Finally, integrating technological advancements and encompassing the global market more aggressively. All this strategic steps will help Blacks Leisure Group enhancing their position in the market (Amit, 2007) Reference and bibliography Aaker, David A. (1984): Strategic Marketing Management. New York: John Wiley. Baird, L. (1994): Meeting global challenges: The executive perspective; University of Boston Barney, J.   B. (1991): Firm Resources and Sustained Competitive Advantage, Journal of Management, 1 (January) Barney, J. B. (1997): Gaining and Sustaining Competitive Advantage. Reading, MA: Addison- Wesley. Benter, J. and Booms, B. (1981): business development strategies and organizational structures for service firms, in Donnelly, J. and George, W. Marketing, American Marketing Association, Chicago. Blackwell, David, Weather Puts the Freeze on Blacks Leisure,  Financial Times,  January 11, 2001.   Blacks Leisure Group PLC. (2011).  Blacks Leisure Group PLC.  Available: http://www.firefighters3peaks.co.uk/Fire%20Service%203%20Peaks%20discount%20form.pdf.   Dyer, R.   F. and Ernest H. F (1991): An Analytical Approach to Marketing Decisions. Fashion Puts Bounce in Blacks Leisure,  Financial Times,  May 21, 1997.   Focus: Blacks Leisure,  Guardian,  October 20, 1999.   Gloomy Day for Clothing Group,  Birmingham Post,  January 11, 2001, p. 24.   Grant, R.M. (2005): Contemporary Strategy Analysis; Blackwell Publishing Ltd., Oxford (U.K.) Johnson, G. Scholes, K. Whittington, R. (2005).  Exploring Corporate Strategy. Edinburgh Gate: Preson Education Limited. Lumsden, Quentin, Sports Chain Looks Unbeatable,  Independent on Sunday,  August 18, 1996, p. 6.   None. (2011).  Blacks Leisure Group PLC.  Available: http://www.fundinguniverse.com/company-histories/Blacks-Leisure-Group-plc-Company-History.html. Last accessed 8 Nov 2011. Potter, Ben, Blacks Sticks to Expansion Track,  Daily Telegraph,  October 20, 1998, p. 33. Porter, M.E. (1985): Competitive Advantage: The Free Press, New York, 1985. Professor Raphael Amit (2007): Strategic Management , a journal for Faculty of Commerce and Business Administration, University of British Columbia, Vancouver, B.C., Canada Thompson, A. Strickland III, A. (1992): Strategy formulation and complementation: Tasks of the General Manager; Blackwell Publishers

Get Fit With the Grizzlies Essay -- Article Review, Childhood Obesity

The article I chose to analyze is titled Get Fit With the Grizzlies: A Community-School-Home Initiative to Fight Childhood Obesity, which focused on social and physical health related determinants in their strategy to confront childhood obesity and promote change. The research done by C. Irwin, R. Irwin, Miller, Somes, and Richey (2010) in regards to the development of a community health promotion program has similarities to various aspects of the nutrition group’s video and components of their health promotional program structure. As previously noted, social and physical determinants to health aided in the process of development and helped determine societal needs, as depicted by this group’s population of interest. The population that the nutrition group used, involved 9-10 year old boys, who were already in a pre-established group who shared common interest i.e. cub scouts, were learning about nutrition in other areas of their life, parents actively participated and were present, presentation provided to them in a familiar environment i.e. cub scout meeting, and were motivated to participate in this program by earning a pin. Similarly, as found in Irwin, et al. (2010), participants in their program included relatively the same age group, specifically 9-11 year old children from Memphis City Schools in TN, where 11 elementary schools were randomly selected out of 110 to participate in this program and parents involvement at home was required at times. The dissemination of information in the video appeared to be very age appropriate and used similar supplemental tools such as the US Department of Agriculture’s MyPyramid and incorporated physical activities. Interestingly enough, both programs used basketball within their progr... ...r week, after school NutriActive program with kindergarten and first graders. This study’s results indicated that a short, vigorous program such as NutriActive’s, can produce significant and sustainable improvements in motor skills and fitness levels of young children. The nutrition group’s program, especially the interactive components would likely be a great fit for this population, the content may need to be changed slightly to make it more age appropriate but the overall message and delivery would useful. It’s important to point out that the nutrition group, the Holcomb et al. study, and Matvienko et al. study all use of a client centered approach, and a common theme is apparent with respect to enabling individuals participating in these programs to foster feelings of competence, which contribute to their overall sense of well-being and satisfaction in life.

Tzinga: Applications of Marketing Management Concepts

Motivation behind selecting Tagging comes on the purview that It Is the only Energy Drink of Indian origin tit an Intensive growth profile for a relatively young Industry. The prime objective was to understand and recommend marketing strategies for Tagging. Focus was laid on accessing market opportunities, customer value addition, analysis of consumer market, evaluation of competitive dynamics and branding. The initial secondary research revealed the current segmentation, targeting, positioning, communication and branding strategies of Tagging.It also uncovered the energy market trends and competition patterns. Low cost being Taiga's unique selling point drove It to a relative dominance In the market In a short period of time. Further, primary research constituted blind test, market survey, interviews with retailers, distributors and co-founder of hector beverages. The procedure exposed the product strength of Tagging, reaffirmed the positioning appropriateness and unveiled the neces sity of improvements in terms of price- positioning trade off, communication, distribution and brand building.Indian-news of the product and Its low price can be exploited for promotion apart from Increasing The global beverage market is growing at a Compounded Annual Growth Rate (CARR) of 4. 6% and is expected to hit $1. 3 trillion by the year 2017 . And the most dynamic sector which is leading this growth is the global Energy Drink Market. Ever since the launch of Red Bull in 1987, this market has flourished at an astonishing rate, generating revenues to the tunes of billions of dollars. But in a country like India with a huge base of prospective customers, this market has not been tapped to its fullest.International players like Red Bull and Storage still dominate the equation, though a lot of new players are trying to enter this zone. In such a competitive environment, one drink which stands out and seems to have a promising future is Tagging. It is a product by Hector Beverages Put Ltd. , an Indian start up dreamt by two young management graduates – Nearer Kara and James Natal . Based in Surgeon, the company came into existence in 2011 and since then has sky-rocketed into the energy drink segment.The company now sells about a million units each month across 45 cities in India . It has a deep market penetration in Delhi, Bangor, Ago and the north eastern states and is trying to gain ground in other regions as well. The main reason for this stupendous growth can be attributed to its price, which is almost 70% less than its main competitors. It also comes with a unique packaging which is one of its USPs as per the creators. We plan to do a comprehensive study determining all the factors behind this growth story keeping our main focus on marketing.The main motive behind choosing this project is to study the inspiring growth trajectory of Tagging. It provides an excellent opportunity to understand the nuances of consumer choices and sales pattern in Ind ia. By experimenting in the relatively unexplored arena of Energy drink sector in the country, we hope to build a strong foundation of core marketing concepts which will help us throughout our professional lives. To evaluate the current segmentation, targeting and positioning strategies of Tagging and to recommend strategies for its branding and promotion.To identify and match the positioning statement of Tagging and to evaluate the necessity of change ; To define the target market, focal value elements and price- value relationship with respect to Customer Value Proposition ; To understand competitive dynamics of brand image and hence to come up with Branding and Communication strategy for Tagging ; To understand the product preferences, consumers' taste preferences and Taiga's brand perception through primary search, blind test and interviews and hence to estimate the growth prospects 1.Constraints in Primary Research: Energy drink market is a subset of the larger beverage industr y and therefore has a consumer base with limited age group, lifestyle patterns and popularity, of which Tagging is a relatively new product and is less popular. This was a challenge in terms of conducting primary surveys as it involved identifying appropriate target groups. 2. Limited area coverage: The campus comprises an eclectic mix of students from various parts of the country and thus provides a comprehensive group to conduct this study.Therefore, the scope of this project has been limited to MUM Bangor and the neighborhood of Bantamweight region. 3. Frame of Reference: This study has been conducted from an external frame of reference in the sense that, with no actual experience and Judgment of the energy drinks product market. This might have resulted in assumptions and indications slightly different from the actual energy drink market environment. 4. Market Dynamics: It is a fact that the market dynamics are dispersed and varied.Regional influence of substitutes and competito rs on consumer preferences is diverse. This makes the study subjective and strictly adherent to specificities of research environment leading to biases in perception. 5. Consumer Behavioral Dynamics: Change in consumer preferences, tastes and behavior, relative to market dynamics and self-actuation is a major instigator of limitations of this report The key parameters responsible for the success of any project are planning and execution.Adhering to this idea, a detailed methodology was followed during the entire course of this report, and the same is described below: We started by defining the precise ‘marketing decision problem' to ensure that we don't deviate from our main objective. The next part included extensive research about Tagging, its parent company – Hector Beverages and the energy drink market in general. A variety of resources like newspapers, magazines and Journals were referred, with internet emerging as the main contributor of information.The company we bsite provided major insights about Tagging, whereas research papers from online forums namely ‘OBESE' and ‘Sarcasm' formed the foundation of our literature review. Having performed significant secondary research through the aforementioned sources, we set out to corroborate these findings. This analysis was done based on various marketing models and frameworks. SOOT analysis evaluated the strengths and weaknesses of Tagging meanwhile also listing down the numerous opportunities and threats for Hector Beverages.Market forces were evaluated based on Porter's five forces and growth strategies were proposed using Nations Market-product Grid. This study helped us understand Tagging as a product, its production techniques, prevalent supply chain, operating challenges, organization structure and overall financial health. It also gave us headway on Taiga's competitors, their strategies and arrest share.The primary research is the most detailed aspect of this report and was condu cted in the following ways: a) Blind Test: 10 students of MIM-B were asked online survey was conducted and carefully monitored to restrict the respondents to I'M-B and nearby region as clearly specified in the scope and limitations. C) Retailer Survey: Shop owners of ‘Mom n pop' stores like ‘Ethical' and supermarkets like ‘Inklings' were interviewed to understand Taiga's distribution channels and existing markets in depth. D) Personal Interview with the co-founder: Mr..Squash Miser, the Co-founder and Director of Hector Beverages obliged us by providing the management's insights on Taiga's current and future strategies. A large amount of first-hand data obtained through these tests and interviews was analyzed in detail. Explanations were provided with the help of graphs and other statistical tools for better understanding. After brainstorming on the problems faced by Tagging, the team recommended certain solutions aimed at improving Taiga's branding and communicati on strategy.We extended these proposals by designing print and video advertisement campaigns for Tagging, thus concluding our report. LITERATURE REVIEW When Nearer Kara and Squash Miser, both ex-employees of Coca-Cola , came up with the idea to start a company, they were in search of a â€Å"magic† formula that would provide an affordable energy drink for the Indian market. Their main focus was to create a perfect blend of taste, price and packaging and these efforts finally yielded results in the form of a fruit flavored drink with natural ingredients.According to Kara, energy drinks in India are projected as premium products and consumed mostly by athletes, gym enthusiasts, students and socialites-rarely the average destine. They are costly, primarily due to high import duties. For example, Red Bull, which occupies a major share of the energy drink market in India, costs around RSI. 95 for a mill can. However, Tagging, on the other hand is priced a lot cheaper at RSI. 25 fo r the same quantity.Banking on its Customer Value propositioning, the company has grown tremendously in the past two years and is already a market leader in Ago and the north eastern states. The company has its manufacturing unit at Amnesia, near Surgeon and another larger production unit is coming up in Moser by October, 2013. According to the American College Health Association's National College Health Assessment , stress, sleep, disturbances, anxiety and depression are among the top five threats to academic performance among college students.Researchers have indicated that within the current regulatory void, energy drinks, if aggressively marketed will appeal particularly to the niche of young males seeking performance enhancement and other stimulation related effects. The popular energy drinks, namely Red Bull, Monster etc. Include active ingredients like carbohydrates, terrine, acculturation and caffeine. They have several benefits like increased attention, emotional states, e ndurance and physical performance.The target consumers of Tagging are profiled as follows: a) Geographic segmentation : The major demand for energy drinks comes from Tier-I cities where people lead a stressful life owing to their working environment. The population has been segmented as per their background, either rural or urban. B) Demographic segmentation (Age, Gender, Income): a-Tithe target market of 16-30 years can be further classified into the following groups: (I) Age 16-24: The school/college population which requires energy drinks mainly because they are involved in sports.Age 24-30: The young working refashions who use energy drink requirement is to combat their stressful work life. (iii) Gender based: While the current market share is dominated primarily by the male population, recent trends of energy drink consumption show female segment is also on the rise. (v) Income – Aspirants & Seekers: While premium energy drinks like Red bull target the higher end custome rs, Tagging reaches out to a larger group that comprises of the Aspirants and Seekers c) Chirography's segmentation: It is suited to the lifestyle of students and young working professionals working late night for long hours. ) Behavioral segmentation: Tagging is currently manufactured in mill pack for both light and heavy users even though heavy users account for a high percentage of total consumption. Also the segments are clearly demarcated on the basis of awareness and response to the product. Strategy is value for money. It is also positioned as a healthy energy drink made of natural extracts; without any artificial chemicals and zero side effects. The product tries to build up a youthful and cool image in the minds of consumers. Its promotion campaigns such as â€Å"conquer the night† and â€Å"you are a sum of your obsessions† validate the above claims.Another noteworthy point is the environmental-friendly stance maintained by Tagging through its unique â€Å"l ow-material† packaging and increased emphasis of â€Å"No littering† as clearly mentioned on their website. Building on the above discussion, Taiga's ‘Points of Differentiation' and ‘Points of Parity have been identified below: ;Points of Differentiation: The two main attributes of Tagging which consumers like and find unique are: Low price 0 Packaging Points of Parity: Few attributes which have become increasingly common in the energy drink market and ensure a minimum equivalence with competitors are: 0Category points-of-parity: Instant Energy 0 Competitive points-of-parity: Natural flavors (Organic drink market) CUSTOMER VALUE PROPOSITIONING: The following is the value proposition currently adopted by Tagging: Value Proposition Tagging relevant composition/ attribute Benefits for consumers Favorable points of difference Resonating Focus Real Stuff is good stuff Real lemon, Real Guarani, Real ginseng Lesser caffeine and fruit extracts is a health add on Caf feine content- MGM/ mill as against MGM/ mill Mixed fruit Juice content- 1. % as against 0% of the market leader Could improve the percentage of fruit extract and hence could emphasize this value proposition This Energy Drink Works Contains Guarani instead of raw caffeine, Ginseng, Vitamin B Guarani does the same Job with no negative effects, Ginseng has anti-carcinogenic and anti-oxidant properties, Vitamin B that helps break carbohydrates Claiming Energy boosting through natural ingredients and promotion through actual communication of product values The effect of all ingredients is not brought out in promotion and packaging.Green is not Just the color Packaging appeal Tagging stands out from the clutter on the store shelf. It is a good choice for the environment. Customer's unstated need is fulfilled It allows Tagging to claim customers' value for money.Tagging could evaluate methods to reuse packaging and also offer smaller quantities, may be 1 ml or mill packets BRAND IDENTITY: The brand identity is reflected by the positioning strategy adopted by Tagging as depicted below: Ingredients Real mixed fruit Juice concentrate (from pear, pineapple, mandarin, apple, passion fruit and lemon) , Terrine, Vitamins, Omission, Ginseng, Guarani, Caffeine Tagging has natural components as compared to its competitors which make it healthy Variants Available in three flavors- Lemon Mint,Tropical Trip Mango, Strawberry Provides consumers with variety to choose from refreshing options Popularity Backbone likes -529525 Twitter followers- 836 Within a Caffeine Level 258. Pump- Tagging has comparatively less caffeine content and focuses on natural elements like Guarani. This reduces the ill-effects on health Packaging Daypack- A packaging innovation compared to usual metal cans. Attractive packaging Price RSI. 25 for mill. The price is about 4 times less than its chief competitor ‘e.This mantra chosen by Tagging satisfies the three criteria for an effective brand mantra: 1. Communicate: The words Wake up! ‘ clearly communicate Taiga's promise of energize people at any time of the night. They also have a very positive annotation. 2. Simplify: The world today is cluttered place with a person being exposed to more than 100 promotions on an average each day. And in such a situation, this message stands out from the crowd. It is short, crisp and hence memorable. 3.Inspire: In spite of being simplistic and brief, the mantra holds a lot of meaning and relevance to the target audience. It symbolizes the spirit of â€Å"Rise and shine†, thus establishing a much deeper, an emotional connection with the customer. Strengths Pricing: At RSI. 5 for 250 ml, it is the most inexpensive drink available ; Packaging: Its unique packaging is environment friendly and is easier to carry around. Flavors: It comes in three exciting flavors – Lemon Mint, Tropical Trip and Mango Strawberry, of which Tropical Trip is the most favored among youth ; Natural Ingredients: It uses natural ingredients like lemon, ginseng, Guarani etc. Weaknesses No Aggressive Marketing: Lacks aggressive marketing techniques like celebrity endorsements, sponsorships, television campaigns, college promotions etc. Availability of the product: Not easily available in all the cities ; Awareness: Due to or marketing, many people in India are unaware of this brand ; Manufacturing Units: Currently only one manufacturing unit in Amnesia near Surgeon and an upcoming plant in Moser Opportunities Availability of the product: Being an energy drink, opportunities can be explored in universities and colleges around the country ; Demographic Opportunity: India, with immense opportunity for growth. Tie-ups: Tie-ups with major sporting events can help boost the sale of the product. ; Target Markets: Only the youth is targeted currently. Since the product is natural, the targets can be expanded to include adults also ; Tier II Cities: Aggressive marketing in Tier II cities a nd rural areas Threats Misconception: Energy drinks are closely associated with alcoholic beverages. In a country with strong values and traditions it might seem a deterrent. ;Competition: The main competitor, Redouble is the biggest player globally and enjoys a huge financial clout.Micro segmentation: Once the brand is firmly established, the product can be customized to cater to micro-segments like children, housewives and the working class. ; New Product Range: Apart from energy drinks, the company can also come up with related products like â€Å"Energy candies† and â€Å"Energy bars† to attract more customers. 4. Diversification: At the current stage, Tagging does not have many options to diversify. But certainly with growth, the parent company Hector Beverages can consider Concentric and Horizontal diversification.As mentioned in the methodology earlier, the primary research has been divided into our parts – Blind test, Consumer survey, Retailer survey and an exclusive interview with the company's Co-founder/Director. The reason for adopting this four-step approach is to understand the product and its strategies from the perspective of all its stakeholders. It will provide us an all inclusive view to help us decide the branding/communication strategies and recommended measures. I) Blind Test: Strong Product As Redouble is seen as the main market leader, the blind test was conducted to compare it with Tagging and evaluate both the drinks on accounts of taste and mildness. Ten individuals hailing from different geographical and demographical segments were chosen to have a heterogeneous mix. They were then given samples of both the drinks, and asked to rate the two on various parameters. Following is the summary of the results: ;-1 The test clearly indicates that Tagging is a strong product with superior rating in both taste and mildness.Two other key findings from the test are summarized below: a) While 7 out of 10 respondents rated Ta gging better than Redouble, 6 out 10 did not even know about Tagging. And among the remaining 4, none had ever seen any Tagging advertisement. If we compare this to Redouble, all 10 were well aware of the brand and its strategies. B) The average price that one was ready to pay for Tagging came out to Tagging is only RSI. 25, this difference of RSI. 20 in the prices is nothing but the Consumer Surplus. On the other hand, Redouble charges way more than the average price one is ready to pay for it.Thus, we reiterate the fact that Tagging is a stronger product compared to its competitors. Even without enough brand awareness, it made its mark on the audience and therefore, effective promotional strategies can take it to an entirely different level. It) Interview with the Co-founder/Director, Hector Beverages The project demanded us to take a holistic view of the problem and hence, it was imperative to know the management's viewpoint and future plans about Tagging. We tried contacting the company HER in multiple ways and finally succeeded when Mr..Squash Miser, the Co-founder and Director of Hector Beverages Put. Ltd agreed to be interviewed. He is an alumnus of I'M-C and currently heads the marketing division of Tagging, Bangor in addition to his other roles. This made the talk more relevant to our study. His viewpoints in the form of key excerpts are scribed below: 1 . Advertisement and Promotion: Tagging focuses on Backbone and Twitter for mass promotion of the product. Being an energy drink, the targeted audience is the youth. Hence there are points of sale in multiple colleges, IT companies and Boos.Increased availability in these areas and colorful posters ensure that students and professionals are attracted to this product. Tagging is also looking into precision marketing through the digital medium. 2. To tackle lack of awareness: Increased promotion activities through Backbone and Twitter ensure that the youth of today are aware of this product and its benef its. The Backbone page has over 5 lake followers and the promoters make it highly interactive by answering their queries. Points of sale in colleges and various companies also help in spreading awareness. 3.Major Markets: Currently, the major markets futzing include Delhi, Bangor, North East and Ago. 4. Distribution Network: A direct distribution pattern is followed in Bangor. The retail stores are serviced directly. Biggest volume contributors include college canteens, offices and retail outlets like Afterworld and Reliance. 5. Future Plans: The immediate plan futzing is to be a 100 cry brand by next financial year. Iii) Retailer Survey: Mom n Pop Store: The approximate sale of Tagging is around 24 packets per week and is preferred by sportsperson whereas students still prefer Redouble.The vendor visits weekly to monitor sales and replenish stocks. ‘Tropical Trip' is the most popular flavor among customers. As far as profit margins are concerned, Tagging scores above Redouble and is a natural choice for retailers. However, the immense popularity of Redouble forces them to provide it more visibility. Supermarket: The scenario is quite different with Storage (Pepsico) enjoying the highest share in the energy drink segment, although no specific consumption pattern was noted by the shopkeeper.The distribution network is quite formalized with an elaborate list of -?150-200 vendors competing to supply. The re-purchase cycle occurs every 3-4 days and approve. 120 Tagging packets are sold in this duration. Again talking about profit margins, Storage gives a constant 16% whereas in Taiga's case it varies from 14-17%. Redouble offers a minimal and is thus the least preferred brand by the shop. (iv) Market Research – Questionnaire Based on the results of the blind test, we have directed our questionnaire and

World

Committee on Reforms of Criminal Justice System Government of India, Ministry of Home Affairs Report VOLUME I INDIA March 2003 Committee on Reforms of Criminal Justice System Government of India, Ministry of Home Affairs CHAIRMAN Dr. Justice V. S. Malimath Formerly, Chief Justice of Karnataka and Kerala High Courts Chairman, Central Administrative Tribunal Member, National Human Rights Commission Bangalore 560 052 MEMBERS S. Varadachary, IAS, (Retd. ) Bangalore 560 076 Amitabh Gupta, IPS, (Retd. ) Formerly, Director General of Police, RAjasthan Jaipur 302 015 Prof. (Dr. ) N. R. Madhava Menon Vice-ChancellorWest Bengal National University Of Juridical Sciences Kolkatta 700 098 D. V. Subba Rao Advocate Chairman, Bar Council of India Vishakhapatnam MEMBER –SECRETARY Durgadas Gupta Joint Secretary Ministry of Home Affairs, Government of India New Delhi 110 011 STAFF OF THE COMMITTEE Sri C. M. Basavarya Formerly, District & Sessions Judge, Registrar & Director of Training, High Cou rt of Karnataka. Bangalore 560 094. Executive Director Sri K. Girither Inspector Central Reserve Police Force Personal Assistant Smt Binnu Menon Sub Inspector Central Reserve Police Force Stenographer Sri S. M. Reddy Asst. Sub-InspectorCentral Reserve Police Force Clerk Sri V. Raja Constable Central Reserve Police Force Office Attender Sri M. K. Uthaiah Constable Central Reserve Police Force Office Attender Committee on Reforms of Criminal Justice System (Government of India, Ministry of Home Affairs) 12/A Diagonal Road Vasanthanagar Bangalore 560 052 â€Å"Everything has been said already, but as no one listens, we must always begin again. † Andre Gide French thinker and writer CONTENTS PART – I FUNDAMENTAL PRINCIPLES 1. 2. 3. 4. 5. 6. Need for Reform of the Criminal Justice System Adversarial System Right to Silence Rights of the AccusedPresumption of Innocence and Burden of Proof Justice to Victims 3 23 39 59 65 75 PART – II INVESTIGATION 7. Investigation 8. 87 Prosecution PROSECUTION 125 PART – III JUDICIARY 9. 10. 11. 12. 13. Courts and Judges Trial Procedure Witness and Perjury Vacation for Court Arrears Eradication Scheme 133 145 151 157 163 PART – IV CRIME & PUNISHMENT 14. 15. 16. 17. 18. 19. 20. Offences, Sentences, Sentencing & Compounding Reclassification of Offences Offences against Women Organised Crime Federal Law and Crimes Terrorism Economic Crimes 169 181 189 195 207 213 233 PART –V LOOKING AHEAD 21. 22. 23. Emerging Role of the Legal ProfessionTraining – A Strategy for Reform Vision for Better Criminal Justice System 249 253 259 PART –VI RECOMMENDATIONS 24. Recommendations 265 ACKNOWLEDGEMENT The nation is grateful to Sri. L. K. Advani, Deputy Prime Minister and Home Minister, for his vision for comprehensive reforms of the entire Criminal Justice System including the fundamental principles and the relevant laws. Hitherto, efforts were made to reform only certain set of laws, or one part icular functionary of the system in piecemeal. This type of compartmental examination missed the vital focus on justice to victims and national concern for peace and security.The commitment made by him and his distinguished colleague Sri. Arun Jaitley, Minister for Law and Justice, to implement the reforms, once the Committee makes its recommendations, is a fitting answer to the cynics that the Report on Reforms of Criminal Justice System will be one more addition to the several earlier reports that are gathering dust in the Archives of the Government. The Committee is beholden to the then Chief Justice of India, Dr. A. S. Anand, for calling upon all the High Courts to provide all information and assistance the Committee needs.Our grateful thanks to former Chief Justice Sri. B. N. Kirpal for ensuring that all the High Courts send the reports sought by the Committee on the State of Health of Criminal Justice in their respective States. The Committee is grateful to Sri Justice V. N. K hare, the Chief Justice of India for avincing keen interest in the Committee’ work. s Justice P. V. Reddy, Judge Supreme Court, the then Chief Justice of Karnataka High Court, placed at the disposal of the Committee, the building for housing the Committee’ office in Bangalore. The Committee is grateful to him. sThe Committee is grateful to all the State Governments, High Courts, Officers of the Police Departments, Prosecution Department, Law Departments and Home Department. Our sincere thanks to the Bar Association of India, New Delhi, the Indira Gandhi Institute of Development Research at Mumbai and Asian College of Journalism, The Hindu in Chennai for collaborating with our Committee in organising seminars on different topics and to the National Law Universities at Bangalore and Kolkatta for rendering whatever assistance the Committee needed from time to time. Our thanks to Sri. Shivcharan Mathur, former Chief Minister Rajasthan, Sri.Justice N. L. Tibrewal, former Ch ief Justice of Rajasthan, Justice Dave, Sri. Rajendrashekhar, former Director CBI and DGP Rajasthan, Sri. K. P. S. Gill, former DGP Punjab and Assam, Sri. Rajath Sharma, Media personality and Prof. P. D. Sharma for assisting the Committee in organising the seminar at Jaipur. Our sincere thanks to Chief Ministers, Ministers, Judges— present and former, distinguished lawyers, Police Officers, media personalities, politicians, social scientists, institutions and organisations and NGOs who have assisted the Committee in organising or participating in seminars, group discussions or meetings.A word of special gratitude to the respected Dr. R. Venkataraman, former President of India, Sri. Bhairon Singh Shekhawat, Vice-President of India, Former Chief Justices Ranganath Misra, Ahmadi and Kania, Justice Jagannatha Rao, Chairman, Law Commission of India, Justice Jayachandra Reddy, Chairman Press Council of India, Justice K. T. Thomas, Sri. Soli Sorabjee, Attorney General for India, Sri . Fali Nariman, President, Bar Association of India, Senior Counsel Dr. L. M.Singhvi, Sri. Venugopal, Sri. Shanti Bhushan, Sri. Dipankumar Gupta, Sri. V. R. Reddi, Sri. K. N. Bhat, Sri. C. S. Vaidyanathan, Sri Lalit Bhasin, Lord Goldsmith, Attorney General of England, Sri Badri Bahadur Karki, Attorney General of Nepal and experts from USA, Judge Kevin Burke, Mr. Robert Litt, Mr. Ranganath Manthripragada, Ms. Dianne Post from the USA and Mme Maryvonne Callebotte, Mr. Jean Luis Nadal, Mr. Roussin, Mme. Claude Nocquet and Mr. Lothion from France.The Committee appreciates the helpful gesture of the Governments of USA, France and UK in inviting the Committee to visit their States to acquaint the Committee with the functioning of their respective Criminal Justice Systems and the reforms they are undertaking. The Committee could not go to USA ad UK for want of time. The Chairman and Sri. D. V. Subba Rao could visit France. Our grateful thanks to USAID for bringing in four experts to Delhi to brief the Committee about the American System. The Committee would like to record its deep sense of appreciation for the excellent dedicated service of Sri.C. M. Basavarya rendered as Executive Director of the Committee. The Committee is thankful to the Director General of CRPF for lending the staff consisting of Inspector K. Girither, Sub-Inspectors Binnu Menon and G. Yamini Rekha, Asst. Sub Inspector S. M. Reddy, Constables V. Raja and M. K. Uthaiah to work for the Committee. The Committee records its appreciation and conveys its thanks to each one of them for excellent service and help to the Committee to complete its task on schedule. PART – I FUNDAMENTAL PRINCIPLES 2 3NEED FOR REFORM OF CRIMINAL JUSTICE SYSTEM _ â€Å"Law should not sit limply, while those who defy it go free and those who seek its protection lose hope†. (Jennison v. Baker (1972) 1 All ER 997). COMMITTEE AND ITS WORK 1. 1. The Committee on Reforms of the Criminal Justice System was constituted by the Government of India, Ministry of Home Affairs by its order dated 24 November 2000, to consider measures for revamping the Criminal Justice System. (Annexure-1). The terms of reference for the Committee are: i. ii. iii. iv. v.To examine the fundamental principles of criminal jurisprudence, including the constitutional provisions relating to criminal jurisprudence and see if any modifications or amendments are required thereto; To examine in the light of findings on fundamental principles and aspects of criminal jurisprudence as to whether there is a need to re-write the Code of Criminal Procedure, the Indian Penal Code and the Indian Evidence Act to bring them in tune with the demand of the times and in harmony with the aspirations of the people of India; To make specific recommendations on simplifying judicial procedures and ractices and making the delivery of justice to the common man closer, faster, uncomplicated and inexpensive; To suggest ways and means of developing such synergy among the judiciary, the Prosecution and the Police as restores the confidence of the common man in the Criminal Justice System by protecting the innocent and the victim and by punishing unsparingly the guilty and the criminal; To suggest sound system of managing, on professional lines, the pendency of cases at investigation and trial stages and making the Police, the Prosecution and the Judiciary accountable for delays in their respective domains; vi. To examine the feasibility of introducing the concept of â€Å"Federal Crime† which can be put on List I in the Seventh Schedule to the Constitution. 1. 2. The Committee was constituted under the Chairmanship of Justice V. S. Malimath, former Chief Justice of Karnataka and Kerala High Courts, Chairman, Central Administrative Tribunal and Member of the Human Rights Commission. The other members of the Committee are Sri S. Varadachary, IAS (Retd), former Advisor, Planning Commission of India and Sri Amitabh Gupta, former Director General of Police, Rajasthan.Sri Durgadas Gupta, Joint Secretary (Judicial), Ministry of Home Affairs was made the Secretary. On the recommendation of the Committee Justice Sri T. S. Arunachalam, former Judge of Madras High Court and Prof. N. R. Madhava Menon, Vice-Chancellor, West Bengal National University of Juridical Sciences were co-opted. Later, Justice Sri. T. S. Arunachalam tendered his resignation on personal grounds where-upon Sri D. V. Subba Rao, Advocate who also happens to be Chairman of the Bar Council of India was co-opted in his place.Sri Durgadas Gupta, Secretary of the Committee was made the Member Secretary of the Committee. Sri C. M. Basavarya, former District Judge and Registrar of the Karnataka High Court was appointed as Executive Director so that the Committee has the benefit of trial court experience in criminal matters. The term of the Committee, which was six months from the date of its first sitting, has been extended till 31 March 2003. Thus it may be noted that there is a wholesome combination of expertise of all the relevant fields — the Judiciary, the Bar, the Police, the legal academic and administrator. . 3. The notification constituting the Committee does not expressly state the reasons for constituting the Committee, obviously for the reason that they are too well-known. The statement in the notification that the Committee has been constituted â€Å"to consider measures for revamping the Criminal Justice System† implies that the Criminal Justice System is in such a very bad state as to call for revamping. A former Chief Justice of India warned about a decade ago that the Criminal Justice System in India was about to collapse.It is common knowledge that the two major problems It is common knowledge that the besieging the Criminal Justice System two major problems besieging the are huge pendency of criminal cases Criminal Justice System are huge and the inordinate delay in disposal of pendency of crimin al cases and the criminal cases on the one hand and the inordinate delay in disposal of very low rate of conviction in cases criminal cases on the one hand and involving serious crimes on the other. the very low rate of conviction in This has encouraged crime.Violent and cases involving serious crimes on organised crimes have become the the other. order of the day. As chances of convictions are remote, crime has 5 become a profitable business. Life has become unsafe and people live in constant fear. Law and order situation has deteriorated and the citizens have lost confidence in the Criminal Justice System. 1. 4. The ultimate aim of criminal law is protection of right to personal liberty against invasion by others – protection of the weak against the strong law abiding against lawless, peaceful against the violent.To protect the rights of the citizens, the State prescribes the rules of conduct, sanctions for their violation, machinery to enforce sanctions and procedure to pr otect that machinery. It is utter selfishness, greed and intolerance that lead to deprivation of life, liberty and property of other citizens requiring the State to step in for protection of the citizens’ rights. James Madison writes in his book The Federalist that â€Å"if men were angels no government would be necessary†. It is the primary function of the government to protect the basic rights to life and property.The State has to give protection to persons against lawlessness, disorderly behaviour, violent acts and fraudulent deeds of others. Liberty cannot exist without protection of the basic rights of the citizens by the Government. 1. 5. This is the first time that the State has constituted such a Committee for a thorough and comprehensive review of the entire Criminal Justice System so that necessary and effective systematic reforms can be made to improve the health of the system. Prison administration is one of the functionaries of the Criminal Justice System. However, it does not fall within the mandate of the Committee. All the earlier initiatives were of a limited character to bring about reforms in the relevant laws, substantive and procedural laws, judicial reforms or police reforms. The Committee is required to take into account the recommendations made by the Law Commission of India, the Conference of Chief Ministers on Internal Security, the Report of Task Force on Internal security and Padmanabhaiah Committee Report on Police Reforms. 1. 6. The terms of reference are very wide and comprehensive.They require the Committee to examine the fundamental principles of criminal jurisprudence and relevant constitutional provisions and to suggest if any modifications or amendments are needed. If, on such review the Committee finds that any amendments to the Code of Criminal Procedure, the Indian Penal Code or the Indian Evidence Act are necessary to bring them in tune with the demands of time and the aspirations of the people, it can make necessary recommendations. The Committee is not called upon to take up a general review of all these three statutes. The mandate of the Committee is limited o recommending only such amendments to these statutes as may be necessary in the light of its findings on review of the fundamental principles of criminal jurisprudence. Therefore, the Committee has not undertaken any general review of these Statutes. 6 1. 7. The well recognised fundamental principles of criminal jurisprudence are ‘ presumption of innocence and right to silence of the accused’ ‘ , burden of proof on the Prosecution’ and the ‘ right to fair trial’ Examination of . ‘ Adversarial System’ followed in India being an aspect of the concept of ‘ fair rial’ falls within the purview of the Committee. Simplifying judicial procedures and practices, bringing about synergy among the judiciary, Simplifying judicial procedures the Prosecution and Police, making an d practices, bringing about the system simpler, faster, cheaper synergy among the judiciary, the and people-friendly, and restoring the Prosecution and Police, making the confidence of the common man are system simpler, faster, cheaper and the other responsibilities of the people-friendly, and restoring the Committee.This includes improving confidence of the common man are the investigation and trial procedures the other responsibilities of the on professional lines for expeditious Committee. dispensation of justice and making the functionaries accountable. The Committee is also required to examine if the concept of ‘ Federal Crimes’ can be put in List 1 of the Seventh Schedule of the , Constitution so that it becomes the exclusive responsibility of the Central Government. STRATEGIES ADOPTED BY THE COMMITTEE 1. 8.Realizing the importance and magnitude of the task, the Committee decided to reach out to every section of the society, which has a stake in the system, direct ly or indirectly. Accordingly the Committee decided to: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) Prepare a questionnaire and obtain responses from all walks of society. Organize seminars on important issues in different parts of the country. Participate in seminars or meetings organised by others. Meet citizens from different States hailing from different walks of life.Obtain the views of the State Governments. Obtain the views of the High Courts and the Judges. Obtain the views of Central and State Bar Councils and members of the Bar. Seek the views of Attorney General and Advocate Generals of the States. Obtain the views of the Heads of Police Departments. Obtain the views of the Heads of Prosecution Departments. Obtain the views of the Forensic Scientists. Obtain the views of the academics in law. Obtain the views of the media persons. Get research done by scholars on important topics. 7 (15) (16) (17) (18) (19)Study the relevant reports of the Law Commission of India, Report of Dharmavira Committee, Report of Padmanabhaiah Committee, Report of Vohra Committee, Report of Task Force on internal security, Report of Chief Ministers conference on Internal Security and other Commissions on topics relevant to the Criminal Justice System. Study the Criminal Justice Systems in U. K, Australia, France, USA and other countries and the reforms undertaken by them. Make a comparative study of Criminal Justice Systems in 20 selected countries from different continents. Interact with experts from different countries in the world.Examine Reports of the National Crime Bureau upto 2000. 1. 9. After an in-depth study of the problem facing the Criminal Justice System the questionnaire was prepared and sent to 3,164 persons enclosing a pre-paid envelope to enable them to respond without incurring any expenditure. The list includes the Prime Minister, Home Minister, Law Minister, Attorney General, Home Secretary, Law Secretary, Govt. of India, Law Commission of India and functionaries of the State Governments such as the Chief Ministers, Home Ministers, Law Ministers, Chief Secretaries, Law Secretaries, Home Secretaries, Advocate Generals, D.GsP, Director of Prosecution, the Chief Justices of the High Courts, Senior District Judges, different Bar Associations and State and Central Bar Councils, Bar Association Lawyers. However the number of responses received is only 284. 1. 10. Views of all the High Courts and information relating to institutions, pendency, disposal and other relevant information were sought from all the High Courts. As the response was not encouraging, the Chief Justice of India, on being requested by the Chairman, called upon all the High Courts to send their responses.As a result of the initiative of the Chief Justice, all the High Courts have sent their reports. (Refer Appendix 5, Volume II). However some of them have not furnished all the information sought, in the pro forma in regard to filing, disposal, pendency of criminal cases etc. 1. 11. Similarly all the State Governments were requested to send their views. But only the States of Arunachal Pradesh, Haryana, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh and Jammu & Kashmir have submitted their replies. Other States have not responded inspite of repeated requests. (Refer Appendix 6, Volume II). . 12. Reports on the functioning of the prosecution system in all the States were sought from the respective heads of Police Departments. Reports have been received from the States of Arunachal Pradesh, Bihar, Goa, Himachal Pradesh, Karnataka, Madhya Pradesh, 8 Orissa, Tamil Nadu, and Uttaranchal. Others have not responded. (Refer Appendix 7, Volume III). 1. 13. The Committee organised seminars as follows: – Date 9 February 2002 Place Chennai Topic Media and Criminal Justice System 23/24 February 2002 Jaipur Reforms of Criminal Justice System (Investigation, Sentencing and Prosecution) 2/23 March 2002 Mumbai Economic Crimes and Finan cial Frauds 26/27/28 April 2002 Delhi Fundamental Principles of Criminal Justice – A Fresh Look. 1. 14. Several other seminars organised on the recommendations of the Committee by different organizations and many more seminars organised by different organisations on the topics concerning the Criminal Justice System in which the Chairman or members of the Committee actively participated are the following: Date Place Topic 16 February 2002 Haveri, Karnataka Reforms of Criminal Justice System 10 July 2002 Delhi Use of Handcuffing – a rational approach. 7/28 July 2002 Hyderabad Forensic Science, its use and application in investigation and prosecution. 12 September 2002 Lucknow Symposium on Criminal Justice Administration and Dalits 13 September 2002 Allahabad 4 October 2002 Delhi Application of Information Technology in Legal System and Reforms Of Criminal Justice System. Insulating Police from External Pressures. 10/11 October 2002 Delhi Law of Arrest Accountability. 11 January 2003 Pune Reforms of Criminal Justice System –Speedier and Efficient Procedure for Trial Of Criminal Cases. – Police Powers and 9 1. 15.It is heartening to know that many eminent personalities participated in these seminars. Notable among them are Dr. R. Venkataraman, former President of India, Sri Bhairon Singh Shekhawat (now Vice-President of India), Sri Arun Jaitley, Honourable Minister for Law, former Chief Justices Sri Ranganath Misra, Sri A. M. Ahmadi, Sri M. H. Kania, Dr. A. S. Anand, former Supreme Court Judges Sri. K. Jayachandra Reddy, Sri. Jaganadha Rao, Sri. K. T. Thomas and many Senior Advocates Sri. Fali Nariman, Sri Soli Sorabjee, Attorney General, Sri K. K. Venugopal, Sri Shantibhushan, Sri. P.P. Rao, Sri V. R. Reddy, Sri. Dipankar P. Gupta, Sri. K. N. Bhat. 1. 16. The Chairman held discussions with Mr. Badri Bahadur Karki, Attorney General of Nepal who is engaged in reforming the criminal prosecution system in his country. The Chairman discusse d with Lord Goldsmith, Attorney General of U. K and held discussion with particular reference to several reforms undertaken in that country. The Chairman and members Professor Madhava Menon and Mr. Subba Rao participated in a video conference on reforms with prominent criminal lawyers from U. K. The Chairman and member Mr.Subba Rao visited Paris on the invitation of the French Government to study the Inquisitorial System followed in that country. Similar invitation from USA Agency USAID could not be accepted for want of time. Therefore USAID was good enough to send four experts to New Delhi who enlightened the Committee about the salient features of the Criminal Justice System in USA. 1. 17. The Committee made an in-depth study of the materials gathered in respect of all the 19 items mentioned in the earlier paragraph. CRIMINAL JUSTICE SYSTEM – AN OVERVIEW:Whatever views one holds about the penal law, no one will question its importance to society.This is the law on which men place their ultimate reliance for protection against all the deepest injuries that human conduct can inflict on individuals and institutions. By the same token, penal law governs the strongest force that we permit official agencies to bring to bear on individuals. Its promise as an instrument of safety is matched only by its power to destroy. Nowhere in the entire legal field is more at stake for the community or for the individual. Herbert Wechsler 10 1. 18. There was no criminal law in uncivilized society. Every man was liable to be attacked on his person or property at any time by any one.The person attacked either succumbed or over-powered his opponent. â€Å"A tooth for a tooth, an eye for an eye, a life for a life† was the forerunner of criminal justice. As time advanced, the injured person agreed to accept compensation, instead of killing his adversary. Subsequently, a sliding scale of satisfying ordinary offences came into existence. Such a system gave birth to the a rchaic criminal law. For a long time, the application of these principles remained with the parties themselves, but gradually this function came to be performed by the State. . 19. Since Independence and the promulgation of our Constitution rapid strides have been made in almost all fields. The communication revolution has opened the eyes, ears and minds of millions of people, resulting in increasing expectations of an ever growing population. The desire for quick, fair and affordable justice is universal. Protection of life and liberty have been given a pre-eminent position in our Constitution by enacting Article 21 as a fundamental right and imposing a duty on the State to protect life and personal liberty of every citizen.Any deprivation or breach of this valuable right is not permissible unless the procedure prescribed by law for that purpose is just, fair and reasonable. Has the State been able to keep up to this promise in a substantial measure? The ground reality, however, is that this precious fundamental right is turning out to be a mere pipe dream to many millions to whom justice is delayed, distorted or denied more than its delivery in accordance with the ideals enshrined in the Constitution. The entire existence of the orderly society depends upon sound and efficient functioning of the Criminal Justice System. 1. 20.Latest report of the National Crime Record Bureau, 2000 (NCRB) published by the Ministry of Home Affairs, shows that in the year 1951 there were 6,49,728 cognizable crimes under the IPC. This has risen to 17,71,084 in the year 2000. In the year 1953 (figures for 1951 are not available) there were 49,578 violent crimes whereas in the year 2000 the number of violent crimes has increased to 2,38,381 (for the sake of illustration only figures of cognizable IPC crimes have been taken). These figures indicate an abnormal increase in the number of serious crimes. At the same time the population of the country which was 361. million in 1951 has increased to 1002. 1 million in 2000. 11 Consolidated Statement of Police Strength and of Cases Investigated by the Police in India 1996 to 2000 S. No 1. 2. 1996 Total strength of State Police Forces 1997 1998 1999 2000 9,56,620 9,87,378 10,20,171 10,32,956 10,26,917 3. Workload of Civil Police : Total cases investigated by police divided by total number of investigating officer (ASIs to Inspectors) IPC Cases 16,78,453 16,63,666 17,53,121 17,94,390 17,92,896 SLL Cases 41,95,778 46,00,513 44,09,133 35,47,072 33,66,127 Total Total number of cases in which investigation as completed by the police – 58,74,231 62,64,179 61,62,254 53,42,462 51,59,023 IPC Cases SLL Cases 18. 7 17. 8 17. 8 17. 2 16. 5 41. 7 42. 9 39. 3 28. 3 26. 1 60. 4 60. 7 57. 1 45. 5 42. 6 Total Consolidated Statement of Cases Dealt with by the Courts in India from 1996 to 2000 Sl No 1 1996 No. of IPC cases which came up for trial during the year including cases pending at the beginning of the year 52,97,662 199 7 54,81,004 1998 56,60,484 1999 58,90,744 2000 60,23,134 12 Sl No 2 3 4 5 1996 No. of SLL cases which came up for trial during the year including cases pending at the beginning of he year No. of cases in which trial was completed during the year IPC cases SLL cases No. of cases pending trial at the end of the year IPC cases SLL cases Total Conviction rate of those cases in which trial was completed IPC Cases SLL cases 1997 1998 1999 2000 7120383 7751906 7910411 7219222 6717380 843588 3487815 879928 3732474 895414 3679707 930729 3221158 933181 2518475 4252918 4395644 4585559 4775216 4921710 3259637 3625072 3784163 3506947 3649230 7512555 8020716 8369722 8282163 8570940 37. 8% 38. 2% 37. 4% 39. 6% 41. 8% 87. 3% 87. 9% 86. 7% 87. 9% 81. 4% Table 2 1. 21.Out of every 100 cases (both IPC and SLL crimes) reported to and taken up by the Police for investigation, between 25 and 30 cases are IPC crimes and the balance is accounted for by SLL crimes. Of the IPC crimes taken up by police for i nvestigation every year, The above statistics suggest that as of investigation is completed by January 2003, assuming that we have a the police in 76% to 80% of crime free society with Police not having to these cases. The corresponding take cognizance of and investigate any percentage in respect of SLL crime (either IPC or SLL) from now on and cases is between 85 and 95. he strength of the trial courts remain at the present level numerically and efficiency 1. 22. The above statistics wise, (an unrealistic assumption indeed! ) it suggest that as of January 2003, will take a minimum of another four years for the courts to dispose of all these cases. assuming that we have 13 a crime free society with Police not having to take cognizance of and investigate any crime (either IPC or SLL) from now on and the strength of the trial courts remain at the present level numerically and efficiency wise, (an unrealistic assumption indeed! it will take a minimum of another four years for the court s to dispose of all these cases. 1. 23. These figures show that the courts have not been able to cope up with the number of cases that come before them for trial every year. According to Table 1 the total number of complaints received by the police and cases registered during the year 2000 in India is 56,62,773. It is a matter of common knowledge that several persons who are victims of crimes do not complain to the police. During the year 2000 the total number of cases charge-sheeted after investigation is 50,98,304.The total number of cases disposed of by the courts in the year 2000 is 9,32,774. So far as the cases under IPC are concerned, the analysis in the report on page 1 of the NCRB report shows that 79% of IPC cases were investigated in the year 2000, 78. 4% of them were charge-sheeted, 18. 3% of them were tried and 41. 8% of them resulted in conviction. In many Countries like U. K. , U. S. A, France, Japan and Singapore the rate of conviction is more than 90%. 1. 24. Quality of justice suffers not only when an innocent person is punished or a guilty person is exonerated but when there s enormous delay in deciding the criminal Quality of justice suffers cases. It is a trite saying that justice delayed is not only when an innocent justice denied. Table 25(b) of the NCRB report, person is punished or a 2000 furnishes the duration of trial of cases guilty person is exonerated during 2000. It is seen that 10,382 cases of the but when there is enormous duration of 3 to 5 years, 6,503 cases of the delay in deciding the duration of 5-10 years and 2,187 cases of the criminal cases. duration of over 10 years were disposed of by ll the courts in India during 2000. Taking more than 3 years (sometimes even 10 years) amounts to denying fair trial. Speedy trial is a right of the accused that flows from Article 21 as held by the Supreme Court. If the accused is acquitted after such long delay one can imagine the Taking more than 3 unnecessary suffering he was subjecte d to. Many years (sometimes even times such inordinate delay contributes to acquittal 10 years) amounts to of guilty persons either because the evidence is lost or because of lapse of time, or the witnesses do not denying fair trial. emember all the details or the witnesses do not come forward to give true evidence due to threats, inducement or sympathy. Whatever may be the reason it is justice that becomes a casualty. 14 1. 25. Vulnerable sections of the society like women, children and other members of weaker sections of society like the Schedule Caste and Schedule Tribes suffer more when the Criminal Justice System fails to live up to expectations. Crime Against Women Sl No 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Crime Head Rape Kidnapping and Abduction Dowry Death Torture Molestation Sexual HarassmentImportation of Girls Sati Prevention Act Immoral Traffic (P) Act Indecent Rep. of Women (P) Act 11. Dowry Prohibition Act Total 1998 15151 16351 6975 41376 30959 8054 146 0 8695 190 1999 154 68 15962 6699 43823 32311 8858 1 0 9363 222 2000 16496 15023 6995 45778 32940 11024 64 0 9515 662 Percentage variation in 2000 over 1999 6. 6 -5. 9 4. 4 4. 5 1. 9 24. 5 63. 0 1. 6 198. 2 3578 131475 3064 135771 2876 141373 -6. 1 4. 1 Year Table 3 Several disturbing features are seen from the figures given in this table. There is a 6. 6% increase in the offence of rape from 1999 to 2000.So far as the percentage of sexual harassment during the same period is concerned, there is an increase of 24. 5%. What is worst is the figures relating to importation of girls obviously for sex which has increased to 63% during 2000. This is quite shocking. 15 1. 26. So far as offences against children are concerned, Table 4 furnishes information about the incidents of different types of offences against them between 1996 and 2000. Offences Against Children Sl No Crime Head Years Percentage variation 2000 2000 over over 1996 1999 -23. 3 -0. 7 24. 5 -10. 1 1996 1. Child Rape . Kidnapping and abduction 3. Procuration of minor girls 4. Selling of girls for prostitution 5. Buying of girls for prostitution 6. Abetment of Suicide 7. Exposure and abandonment 8. Infanticide 9. Foeticide 10. Child marriage restraint act Total 1997 1998 1999 2000 4083 571 4414 620 4153 699 3153 791 3132 711 94 6 87 9 171 11 172 13 147 15 56. 4 150. 0 -14. 5 15. 3 22 13 13 5 53 140. 9 960 11 554 13 582 28 575 24 593 18 660 63. 6 19. 1 -25 11. 2 113 39 89 107 57 78 114 62 56 87 61 58 104 91 92 -8. 8 133. 3 3. 4 19. 5 49. 2 58. 6 5582 5980 5882 4957 5023 -10. 0 1. 3Table 4 The figures show a mixed trend during the last five years. There is an increase of 1. 3% from 1999 to 2000. 16 1. 27. So far as incidence of child rape is concerned, there were 744 victims below 10 years and 2,880 victims between of 10 and 16 years. This shows the extent of child abuse that is prevalent in India and the failure of the system to contain it. This is very disturbing. 1. 28. So far as crime against other weaker sections of th e society namely the SC and ST are concerned, the figures for the years 1998, 1999 and 2000 are furnished in the Tables 5 and 6.Sl No Crime Head Years Percentage variation in 1998 1. Murder 516 506 526 1999 over 1998 -1. 9 2. Rape 923 1000 1083 8. 3 8. 3 3. Kidnapping & Abduction 253 228 268 -9. 8 17. 5 4. Dacoity 49 36 38 -26. 5 5. 6 5. Robbery 150 109 108 -27. 3 -0. 9 6. Arson 346 337 290 -2. 6 -13. 9 7. Hurt 3809 3241 3497 -14. 9 7. 9 8. PCR Act 724 678 672 -6. 3 -0. 9 9. SC/ST 7443 7301 7386 -1. 9 1. 2 11425 11657 11587 2. 0 -0. 6 25638 25093 25455 -2. 1 1. 4 (Prev. of 1999 2000 2000 over 1999 4. 0 Atrocities) Act 10. Others Total Table 5 17 Sl No Crime Head Years Percentage variation in 998 1999 2000 2000 over 1999 59 1999 over 1998 21. 2 66 80 331 384 403 16. 0 4. 9 56 59 48 5. 3 18. 6 1. Murder 2. Rape 3. Kidnapping & Abduction 4. Dacoity 5 3 5 -40. 0 66. 7 5. Robbery 15 8 2 -46. 6 -75. 0 6. Arson 38 43 32 13. 2 -25. 6 7. Hurt 638 646 447 1. 2 -30. 8 8. PCR Act 50 45 31 -10. 0 -31. 1 9. SC/ST 709 574 502 -19. 0 -12. 5 2368 2608 2661 10. 1 -2. 0 4276 4450 4190 4. 1 -5. 8 (Prev. of 26. 3 Atrocities) Act 10. Others Total Table 6 In the year 2000 there was an increase of 1. 4% of crimes against the members of SC. So far as the members of the ST are oncerned the figures indicate that there was an Economic crimes like increase in the number of crimes like murder, smuggling, money laundering, rape, kidnapping, dacoity during 2000 tax evasion, drug trafficking, compared to the figures of the previous year. corruption and serious economic frauds are eating the 1. 29. Economic crimes like smuggling, vitals of the nation in a very money laundering, tax evasion, drug big way. trafficking, corruption and serious economic frauds are eating the vitals of the nation in a very big way. Table 7 furnishes information about major frauds reported during 2000.