Importance of Womens Empowerment in India

Importance of Womens Empowerment in India Abstract- In India, The realities of rural life in India are difficult to comprehend. We are now witnessing a steady improvement in the enrolment of women in schools, colleges and even in profession institutes. Their health is better as compared to earlier decades. In this decade, women are entering into the job market in increasing numbers field showing their skills even in non-traditional sectors like police, defence, administration, media and research fields. In the political field, the reservation for women is a significant step forward towards their political empowerment. When thirty-three percent reservations for women in Parliament becomes a reality, womens voice will be heard in the highest forum of democracy. The day, women of India will reach zenith in their empowerment. People were not allowed to share own property, they did not have a Share in the property of their parents, they had no voting rights, and they had no freedom to choose their work or job and so on. The prese nt seminar has been planned with a view to discuss the various issues related to the Empowerment of Women and to suggest measures for achieving this end. In India population according to the 2001 Census, the percentage of female literacy in the country is 54% up from 9% 1951. In order to help women to be in popular, they necessary to be empowered. There is a condition for empowerment of women is to the transform a developing country into a developed country. In this paper we are highlighting that in India country womens strength is critical and we explain the critical value of women how improve their value status for some ways. Keywords- Economics, Status, NGO, PEP, Improving, CEDAW, Introduction In the empowerment of women include many things economic opportunity, social equality, and personal rights. Women were deprived of those human rights, often as a matter of tradition. In rural areas, women are generally not perceived to have any meaningful income generation capacity, and hence, they are relegated mainly to household duties and cheap labour. We are now witnessing a steady improvement in the enrolment of women in schools, colleges and even in profession institutes. Their health is better as compared to earlier decades. In this decade, women are entering into the job market in increasing numbers. They are showing their skills even in non-traditional sectors like police, defence, administration, media and research fields. Twenty-six laws have been enacted so far to protect women from various crimes [7]. In particular define empowerment is depend just like that power cannot change if power cannot be change. If this is inherent in neither positions or nor people, then empo werment impossible, nor is empowerment conceivable in any meaningful way. Bookman morgen et.al [5] in 1984 defining that empowerment status of women level on that time, women level on that only born child and work at home [4] VARA LAXMI is definition in an article way by A Sustainable approach for Women Empowerment through Micro-finance, the micro-credit or micro-finance has got much avowed attention among government circles, voluntary sector and the academia. More importantly after the success of Bangladeshs Grameen Bank started by Prof Mahammad Yunus who bestowed with the Nobel Peace prize for 2006, for the efforts to create economic and social development from below. There is also mounting evidence to show that the availability of financial services for poor households such as micro-finance -can empower the rural people to achieve their goals and enhance their lives accordingly. It is assumed that womens control over income will lead to increased well-being for women and their children. This individual economic empowerment is also assumed to lead to wider social and political empowerment. [8] NGO plays an important for role for improving empowerment. This Asian-foundation organization two running program MDG-3 (Gender, Equality and women empowerment) the convention on the Elimination of all forms of Discrimination against Women (CEDAW) for women empowerment. CONCEPT In India, the empowerment process has already begun. For centuries women were not treated equal to men in many ways. While a small minority of people in major cities have benefited from the information revolution of the past decade, the lives of most people in rural India (over 650 million) have hardly improved. Now that we have come out of those dark days of oppression of women there is a need for strong movement to fight for the rights of women and to ensure that they get all the rights which men have or in other words a movement for the Empowerment of Women. Twenty-six laws have been enacted so far to protect women from various crimes. These are very positive signs which imply that women can be leaders. Though some women have shown their mettle yet a large number of them have to sharpen their leadership qualities in various ways. The recent law on the protection of women against domestic violence satisfies the long pending demand of the women activities. But a lot of work has to b e done as there is a category of women (who consider themselves highly educated) that proudly accepts that they dont have digital literacy even though they own a computer, they cannot even operate bank accounts or make travel arrangements for family or handle hospital admissions even during emergencies. Even for a simple task like social visits or shopping generally they need the company of their husbands. Women should remember that they are also rational, intelligent and thinking human beings. Dependent women are not empowered women. If modern women think that they are empowered, its a myth for them. Empowerment means to inspire women with the courage to break free from the chains of limiting beliefs, patterns and societal or religious conditions that have traditionally kept women suppressed and unable to realize their true beauty and power. Different Levels of Empowerment In line with most theorists on empowerment the one has to view empowerment as taking place on different levels and that change on all levels is necessary if the empowerment of women is really to occur. We have to relate empowerment at three levels: empowerment on the individual, group, and societal/community level and the interaction between these. The individual level deals with individual womens abilities to take control over their lives, their perceptions about their own value and abilities, their abilities to identify a goal and work towards this goal. The group level deals with the collective action and sense of agency that woman experience together, in a group. The societal level deals with the permissiveness of the political and social climate, the societal norms and the public discourse on what is possible and impossible for women to do, how women should behave etc. The different levels are seen as connected and mutually reinforcing, e.g. when empowerment on individual level occurs, this will have effect on the group and societal level. Women who are empowered on an individual level will most likely go on and affect the other levels. Empowerment on a group level e.g. women organizing around a particular need is likely to have effect on the individual empowerment of the women in the form of increased self esteem and sense of agency. Historical Background of Women Empowerment in India The status of Women in India has been subject to many great changes over the past few millenniums. In early Vedic period Women enjoyed equal status with men. Rigved Upanishads mention several names of women sages and seers notably Gargi Maà ®tre. However later the status of women began to deteriorate approximately from 500 B.C., the situation worsened with invasion of Mughals and later on by European invaders. Few improvement movements by Guru Nanak, Jainism, Raja ram Mohan Rai, Ishwar Chandra Vidyasagar, Pandita Ramabai and others did give some relief. It is not that Britishers didnt do anything for improving the condition of women. Some laws were enacted such an Abolition of practice of Sati, Widow Remarriage Act 1856 etc.Feminist activism picked up momentum in India during later 1970s. Later on many groups and NGOs have been working for the Empowerment of women. We are proud that in India Women got voting right much before USA and some other European countries. Empowerment of Women in Rural India Today The realities of rural life in India are difficult to comprehend. While a small minority of people in major cities have benefited from the information revolution of the past decade, the lives of most people in rural India (over 650 million) have hardly improved. A majority of villages do not have sustainable economies, and only through oppression of women and lower castes can the landlords, upper castes, and government officials support a better life for themselves. Private initiatives are lacking as the government, to preserve its power, has placed obstacles and disincentives at every step. For example, modern healthcare for all of rural India is a free government service, but the reality is that the delivery of primary health care has failed miserably. A number of charitable institutions and non-governmental organizations (NGOs) have played a positive role, often assisted by government grants and foreign donations [2]. NGO, s and civil society at large in order to use the research document as a springboard to launch a sustained advocacy strategy to achieve the MDG-3 target of 33% of women in parliament. Our operating premise is that improving, economic and political opportunities for women improve societies as a whole. The foundation seeks to identify change agents build constituencies for reform around key issues affecting womens states and promote internal efforts to identify and solve problems [8]. Empowerment of women involves many things economic opportunity, social equality, and personal rights. Women are deprived of these human rights, often as a matter of tradition. In rural areas, women are generally not perceived to have any meaningful income generation capacity, and hence, they are relegated mainly to household duties and cheap labour. Without the power to work and earn a good income, their voices are silenced. Even in matters of sex and child bearing, women often do not have the ability to oppose the wishes of their men. Birth control and reproductive health of women are behavioural issues affected mostly by economics, access to health care, and education. Until this reality is accepted, the desired changes may not be attainable in the foreseeable future. In a society where men control the destiny of women, how is it possible to empower women? Simply encouraging women to resist the wishes of men would not only fail, but would create mistrust of any goodwill attempts from the outside to help rural communities. Women will gain power only when both men and women begin to respect and accept the contribution of women. Developing womens capacity for income generation without threatening men is key. Two Stories (First story) First story based on The George Foundation placed in Bangalore, India and founded in 1995, was established to help alleviate poverty, promote health and a clean environment, and to strengthen democratic institutions and values in India. We have come to know of the following two events, among many others, in the course of our work with the families of the children in our boarding school, Shanti Bhavan. The first case involves a young pretty mother who was living with her son in a small hut. Her husband had earlier abandoned her, and she was not able to return to her parents as they considered her unworthy. One morning, she accompanied two men from the city who promised employment for her in the Middle East following an interview at an office somewhere, only to be gang raped and then returned to her village after a few days. Her absence was noticed by her neighbours, who blamed her for the outcome and accused her for the separation from her husband. Feeling shame, and finding that she could no longer live in the community, she set herself on fire with kerosene. Second story The second story is about a middle-aged woman whose husband had more than one wife, a common practice in rural India though not officially allowed. One of his wives contracted AIDS somehow, and while her illness had become generally known, he continued to have sexual relationship with his other wives. He made no effort to medically test or to take adequate protection measures for himself or his other women, and soon all involved contracted the disease. These two real life stories represent the endless number of lives lost from ignorance, the low status of women and their inability to control their destiny. Some example work improving reason for failure Dharmapuri District in Tamil Nadu State, India, has been identified as one of the most backward districts in the nation in terms of health and development. This District is remote and the project described below is carried out in an area about 24 kilometres from the nearest city, Hosur. Infrequent and irregular public transport hinders quick access to government emergency health services. Education facilities are limited to government primary schools of poor quality, and the nearest high school is located 10-15 kilometres from many of the villages served by The George Foundations projects [1]. Reason: In Dharmapuri District the Foundation has attempted to facilitate the development of a model community consisting of several villages that prosper from sustainable and integrated economic activities. Health and education facilities are being renovated, and economic opportunities are being shared, especially among the socially disadvantaged castes and women [1]. In this article Transitioning from a command and control culture to employee empowerment requires a commitment to long-term change. Too often, management fads and quick fixes in the name of empowerment have been implemented rather than relevant changes in management systems, structures, and cultural values. To be successful, empowerment must be seen as a long-term program of employee participation and involve-ment.but this type of program cannot run for long time [10]. Why is there still a Need for Women Empowerment? In spite of the various measures taken up by the government after Independence and even during British rule the Women havent been fully empowered. We may be proud of women in India occupying highest offices of President, Prime Minister, Lok Sabha Speaker, Sonia Gandhi, and Leader of the Opposition or women like Ms. Chandra Kochar occupying highest positions in the Corporate Sector but the fact remains that we still witness dowry deaths, domestic violence and exploitation of women. Some create history in space sport like Sunita Williams Saina Nehwal, Sania Mirza Anju Bobby George The female feticide is common phenomenon. The male female ratio though improved over last few years is still far from satisfactory. It is 940 women per 1000 men for India in some states it is as much lower as 877. These are the states where female feticide is maximum. The female literacy rate is also lower than the male literacy rate. The ground reality is deprivation, duration and exploitation of women sp ecially women from rural areas and those belonging to deprived sectors of the society. The Urban à ©lite class women have no doubt been benefitted by the efforts of women empowerment. IV. Way of Improving Empowerment of poor women in India The World Bank has been the major source of external funding through loans to governments (never directly to private institutions) for specific projects. Very few projects have ever met their goals; in fact, most rural projects have been dismal failures. Unbearable bureaucracy, terrible inefficiency, and corruption at all levels of the government have wasted much of the money allocated to rural development. Furthermore, the local officials who manage projects that target women do not themselves believe in the potential of women. Yet the process continues, without an alternative. International agencies continue to pour money into these programs, only to benefit the middlemen. Clearly, a new approach is required to have an impact on the lives of women in rural India, and to ultimately help stabilize population growth [1]. In this article the people empowering People (PEP) program uses the definition of empowerment to connect research, theory and practice. The PEP program builds on theo ry of critical adult education developed by Friere (1970), Horton (1989), and others. The focus is on the connection between individual action and community action encourages individual change through training sessions and discussions and supporting action through participants give people the opportunities, resources and support that they need to become involved themselves [7]. Nanette Page review in own article about PEP, empowerment as a multi-dimensional social process that helps people gain control over their own lives. In PEP as in we strive to teach people skills and knowledge that will motivate them to take steps to improve their own lives-to be empowered [3]. President Pratibha Patil said that women empowerment is of utmost importance if we want womens progress. He said Creating the environment which imparts equal status to women in family, society and country is the sole motive behind various facets of programmes being run for women empowerment. We have to work towards maki ng them able to take their own decisions, .Stressing on the importance of education, the President said, Education is the first tool of empowerment. Right to Education, Sarva Shiksha Abhiyaan have ensured that education is available to children between the age group of six and 14. Be it a boy or girl, every child must get education. It is these educated women who can in turn educate other women and teach them independence and self-confidence [9]. In this report develop the empowerment improving mater from Financial Inclusion. MasterCard embarked on an initiative to further the process of womens empowerment in the country in partnership with SEWA (Self Employed Womens Association). SEWA is a leading Indian organization that works towards helping women in securing employment opportunities, empowering them to be self-reliant with supportive services. I had the unique privilege of participating in SEWAs activities and witness their success first hand at the recent inauguration of the se venth Rural Urban Development Initiative (RUDI) processing centre at Bodeli, near Vadodara, Gujarat supported by MasterCard. Through this program we will provide full-time employment opportunities for women in 100 adjoining villages to begin with and will expand to a catchment of 300 to 500 villages in Gujarat. This will help benefit approximately 2,000 farmers and 400 SEWA members [11]. Womens Economic Empowerment through Co-operative Farming, Vocational Training Business Development Due to the lack of specific implementation plans and faulty representations, local communities have not adequately accepted government and private schemes for the upliftment of women. Women have not actively participated in their own emancipation due to their lack of economic independence and rampant illiteracy. Therefore, The George Foundation decided to address this important issue of womens empowerment in India by raising the status of women in Hosur Taluk through economic empowerment and education. Krishnagiri District is the most backward district in Tamil Nadu. In the geographical location selected, there are no high schools, no private schools, inadequate primary health sub-centres, and no NGOs. Roads, water supply, drainage and communication network are inadequate to augment economic development. Fragmented land holdings are not conducive to commercial farming. Child labour is rampant in this socially backward area. Population statistics of our country clearly indicate that quality education is out of the reach of the poor and marginalized irrespective of their innate potential. Women are often exploited by their communities. They have very little voice and no knowledge or means of improving their social and economic status. In the villages of the area, the caste system is deeply entrenched. The lower caste colonies are ostracized and basic facilities are denied to them. Female infanticide is a common practice and women are punished socially for bearing girl Children Gender biases are very evident in the preferential treatment given to the male child. Rain-dependent agriculture, home-based animal husbandry, silkworm rearing and brick making are the main income generating activities. Fisheries, horticulture and industries have been established in a few select areas such as Dharmapuri, Krishnagiri and House. Rural folk find it difficult to travel to these cities in search of jobs. The average family income level is below the poverty line. One of the popular schemes employed by several NGOs, and supported by some international and bilateral agencies, is the so-called micro-finance or small loans that usually range up to $100 (Rs. 5,000) per woman to start some form of business. Notable successes have been recorded, and the program has received considerable world attention. Most poor women entrepreneurs are said to have been able to make their businesses successful, and repay the loan. However, our experience in this area with lower caste poor women has been somewhat different. Poor women, especially from backward communities and lower castes, are mostly illiterate, untrained, and have very little social and economic status. In India, there are over 350 million such people, mainly in rural areas. The unemployed are nearly 200 million people, a great majority of them belonging to these deprived sections of the society. Without meaningful skills, social status, and economic power, they are unable to do any business on their own even with financial assistance. To start even a small rural business, it takes no less than $500. According to some studies conducted by the Entrepreneurship Development Institute of India, Ahmadabad, the average capital need for a one-person small business is in excess of Rs. 1 lakh ($2,000). Further, the chance of making any business successful is very small the odds are barely 1 in hundred for an educated person. Uneducated lower caste rural women find it almost impossible to starting any such entrepreneurial work without adequate capital, proper training, and on-site daily support. Based on our understanding of the problem faced in our rural community, we have devised a scheme for empowering poor and socially deprived women. The key ingredients of this program can be summarized as follows: Adequate training in an area where the women have natural abilities and understanding (for example, farming and cattle rearing) Use of superior technology to obtain better output and higher profits (modern farming techniques, such as use of proper fertilizers, deep ploughing, drip irrigation, etc.) Creation of financial assets through savings (from profits generated from sale of produce, over and above wages received) Ownership of physical assets (use of financial assets to buying cultivable land  ½ acre per family) Sharing of resources such as wells, tractor, etc. among several farmers Provide a support system that addresses concerns, difficulties, know-how, etc. Access to information and markets (knowing what high-value crop to grow and when, which markets offer higher prices on a given day, tie up export contracts, etc.) Only when these requirements can be met, we believe poor illiterate rural women can be expected to turn into entrepreneurs. The George Foundation has purchased/least 250 acres of land. An executive committee composed of representatives of The George Foundation, village panchayats, and agricultural consultants has been formed. Under its direction, the soil is being prepared for crop cultivation. Superior seeds of selected crops have been purchased. The panchayats members are highly motivated about this project.People from the surrounding villages is participating in the preparation of the land for farming. This program will be expanded to cover the neighbouring state of Karnataka in its later stages. Members of the village panchayats, the village administrative officer and the block development officer have been with the project from its planning stage. The geographic community and the community of beneficiaries, particularly poor rural women, were involved in planning and implementation of the project. Changing Social Institutions to Improve the Status of Women in Developing Countries Figure 1 highlight how social institutions affect the economic role of women, i.e. their chances to have access to the labour market and to better paid and more qualified jobs such as professional workers, technicians, administrators and managers. Social institutions can exert their influence in two ways. Traditions, customs and social norms can constrain womens activities directly by not allowing them to start their own businesses, by refusing them jobs that involve contact with or managing men, or by simply not allowing them to leave the home alone. All these direct factors lead to an exclusion of women from entrepreneurial activities that are often the first step towards independence, self-esteem and liberty of choices. Morrison and Jutting (2004) analyse empirically the relationships between social institutions and the economic role of women. They measure the depth of discrimination caused by social institutions with economic (ECO) and non-economic (NON-ECO) indicators (for expl anation, see Box 1). They find that the higher the value for ECO and NON-ECO variables the lower the probability that women will play an active role in the economy. A further econometric analysis puts into question the widely believed view that a rise in income will generally facilitate womens access to the labour market [2]. Figure-1 Conclusions The Empowerment of women has become one of the most important Concerns of 21st century not only at national level but also at the international level. Efforts by the Govt. are on to ensure Gender equality but Government initiatives alone would not be sufficient to achieve this goal. Society must take initiative to create a climate in which there is no gender discrimination and Women have full opportunities of Self decision making and participating in the Social, Political and Economic life of the Country with a sense of equality. Then only the Vedic verse Wherever Women is respected, God resides there would come true. The best gift parents today can give to their daughters is education. If women choose to be ignorant then all the efforts taken by the Government and women activists will go in vain. Even in twenty-fifth century, they will remain backward and will be paying a heavy price for their dependence, so, it is a wake-up call for women to awake from their deep slumber and unders tand the true meaning of their empowerment. In the end I would like to conclude with the following words, Women as the motherhood of the nation should be strong, aware and alert. Despite the difficulties that are likely to be encountered, we believe it is possible to bring about major improvements to the lives of women in rural India. Well-planned and properly managed private initiatives can succeed in empowering women, provided the approach taken is sufficiently holistic. The time has come to go beyond small pilot projects that hardly ever lead to major undertakings. There has been much needless suffering for too long by a majority of the worlds population. It would be a noble and worthwhile effort to prove the concept on a large scale, probably for several million people in an area. That would require considerable organizational skills and management talent, with a clear focus on accomplishing set goals in a time-bound fashion. The success of such a program would be the model that international funding agencies and philanthropic institutions can build upon, and serve as a departure to the failed policies and programs of the past.

Autobiography of Ruskin Bond Essay

Ruskin Bond was born in a military hospital in [Kasauli] to Edith Clerke and Aubrey Bond. His siblings were Ellen and William. Ruskin’s father was with the Royal Air Force. When Bond was four years old, his mother was separated from his father and married a Punjabi-Hindu, Mr. Hari, who himself had been married once. Bond spent his early childhood in Jamnagar and Shimla. At the age of ten Ruskin went to live at his grandmother’s house in Dehradun after his father’s sudden death in 1944 from malaria. Ruskin was raised by his mother, who remarried an Indian businessman. He completed his schooling at Bishop in Shimla, from where he graduated in 1952 after having been successful in winning several writing competitions in the school like Irwin Divinity Prize, Hailey Literature Prize. Ruskin’s love for books and writing came early to him since his father had surrounded him with books and encouraged him to write little descriptions of nature and he took his son on hikes in the hills. After his high school education he spent four years in England. In London he started writing his first novel, The Room on the Roof, the semi-autobiographical story of the orphaned Anglo-Indian boy Rusty. It won the 1957 John Llewellyn Rhys prize, awarded to a British Commonwealth writer under 30. Bond used the advance money from the book to pay the sea passage to Bombay. He worked for some years as a journalist in Delhi and Dehradun. Since 1963 he has lived as a freelance writer in Mussoorie, a town in the Himalayan foothills. He wrote Vagrants in the Valley, as a sequel to The Room on the Roof. These two novels were published in one volume by Penguin India in 1993. The following year a collection of his non-fiction writings, The Best of Ruskin Bond was published by Penguin India. His interest in the paranormal led him to write popular titles such as Ghost Stories from the Raj, A Season of Ghosts, A Face in the Dark and other Hauntings. The Indian Council for Child Education recognized his pioneering role in the growth of children’s literature in India, and awarded him the Sahitya Academy Award in 1992 for Our Trees Still Grow in Dehra. He received the Padma Shri in 1999. Media-shy, he currently lives in Landour, Mussoorie’s Ivy Cottage, which has been his home since 1964 Filmography Based on Bond’s historical novella A Flight of Pigeons (about an episode during the Indian Rebellion of 1857), the Hindi film Junoon was produced in 1978 by Shashi Kapoor and directed by Shyam Benegal). Ruskin Bond made his maiden big screen appearance with a cameo in Vishal Bhardwaj’s film 7 Khoon Maaf, based on his short story Susanna’s Seven Husbands. Bond appears as a Bishop in the movie with Priyanka Chopra playing the title role.[2] Bond had earlier collaborated with him in the The Blue Umbrella which was also based on his story. Literary style Most of his works are influenced by life in the hill stations at the foothills of the Himalayas, where he spent his childhood. His first novel, The Room On the Roof, was written when he was 17 and published when he was 21. It was partly based on his experiences at Dehra Dun, in his small rented room on the roof, and his friends. Since then he has written over three hundred short stories, essays and novels, including Vagrants in The Valley, The Blue Umbrella, Funny Side Up, A Flight of Pigeons and more than 30 books for children. He has also published two volumes of autobiography. Scenes from a Writer’s Life describes his formative years growing up in Anglo-India; The Lamp is Lit is a collection of essays and episodes from his journal. Bond said that while his autobiographical work, Rain in the Mountains, was about his years spent in Mussoorie, Scenes from a Writer’s Life described his first 21 years. Scenes from a Writer’s Life focuses on Bond’s trip to England, his struggle to find a publisher for his first book The Room on the Roof and his yearning to come back to India, particularly to Doon. â€Å"It also tells a lot about my parents,† said Bond. â€Å"The book ends with the publication of my first novel and my decision to make writing my livelihood,† Bond said, adding, â€Å"basically it describes how I became a writer†. His novel, The Flight of Pigeons, has been adapted into the Merchant Ivory film Junoon. The Room on the Roof has been adapted into a BBC-produced TV series. Several stories have been incorporated in the school curriculum in India, including â€Å"The Night Train at Deoli†, â€Å"Time Stops at Shamli†, and Our Trees Still Grow in Dehra. In 2007, the Bollywood director Vishal Bharadwaj made a film based on his popular novel for children, The Blue Umbrella. The movie Works †¢ House †¢ Garland of Memories †¢ The Boy Who Broke the Bank †¢ Bus Stop, Pipalnagar †¢ Funny Side Up †¢ Rain in the Mountains-Notes from the Himalayas †¢ Our trees still grow in Dehra †¢ A Season of Ghosts †¢ Tigers Forever †¢ A Town Called Dehra †¢ An island of trees †¢ The Night Train at Deoli †¢ A Face in the Dark and Other Hauntings †¢ Potpourri †¢ The Adventures Of rusty †¢ The Lost Ruby †¢ Crazy times with Uncle Ken †¢ The Death Of Trees †¢ Tales and Legends from India †¢ Hip Hop Nature Boy and Other Poems Novels †¢ Room On The Roof †¢ Vagrants in the Valley †¢ Scenes from a Writer’s Life †¢ Susanna’s Seven Husbands †¢ A Flight of Pigeons †¢ Landour Days – A writers Journal †¢ The Sensualist by Ruskin Bond †¢ The Road To The Bazaar †¢ The Panther’s Moon †¢ Once Upon A Monsoon Time †¢ The India I love †¢ The Kashmiri Storyteller †¢ The Blue Umbrella †¢ The Tiger In The Tunnel †¢ Delhi is Not Far †¢ Animal Stories †¢ Funny side up †¢ Ruskin Bond’s children omnibus Ruskin Bond’s autobiography in Penguin’s Independence list âÅ"“ Scenes from a Writer’s Life, the autobiography of eminent English author Ruskin Bond; will be published in September this year as part of Penguin India’s †50 Years of Independence† series. âÅ"“ Bond said that while his earlier autobiographical work, Rain in the Mountains was about his long years spent in Mussoorie, Scenes from a Writer’s Lifedescribed his first 21 years. âÅ"“ â€Å"Looking back, I find that those earlier years of my life have more incidents resulting from youthful enthusiasm,† said the writer. â€Å"Two-thirds of the book talks about my life in Dehra Dun as a young boy,† he added. âÅ"“ Scenes from a Writer’s Life dwells on Bond’s trip to England, his struggle to find a publisher for his first book The Room on the Roof and his yearning to come back to India, particularly to Doon. â€Å"It also tells a lot about my parents,† said Bond. âÅ"“ â€Å"The book ends with the publication of my first novel and my decision to make writing my livelihood,† Bond said, adding, â€Å"Basically it describes how I became a writer.† âÅ"“ Speaking of his life in the mountains over the past four decades, Bond says, â€Å"Given the choice, I would not have done differently. When you have received love from people, and the freedom that only the mountains can give, then you have come very near the borders of heaven.† âÅ"“ Other books to be published by Penguin India as part of this series include Satish Gujral’s A Brush With Life (memoirs), R K Laxman’s comic account of his life titled, The Tunnel of Time, B K Karanjia’s Godrej: A Hundred Years, and R K Narayan’s collection of essays titled How to be a Writer in India and Other Uncollected Essays. âÅ"“ To mark the 50th anniversary of Partition, Penguin India is publishing a selection of stories by Saadat Hasan Manto titled Mottled Dawn: Fifty Sketches and Stories of Partition. Urvashi Butalia’s Partition Voices is a meticulous account of the traumatic event, recorded in the voice of survivors and others on whom Partition left its imprint. âÅ"“ Colours of Independence, a lavishly illustrated art book, is also being brought out on the occasion. In this book, 50 of India’s finest painters and artists interpret, through original paintings and drawings, the 50 key events in the country’s life since Independence. Short Information about Ruskin Bond: âÅ"“ Ruskin Bond was born in Kasauli, Himachal Pradesh, on 19th May, 1934, and grew up in Shimla, Jamnagar, Dehradun and Mussoorie. As a young man, he spent four years in the Channel Island and London. He now lives in Landour, Mussoorie, with his adopted family. âÅ"“ In the course of a writing career spanning thirty five years, he has written over a hundred short stories, essays, novels and more than thirty books for children. Three collections of short stories, The Night Train at Deoli, Time Stops at Shamli and Our Trees Still Grow in Dehra have been published by Penguin India. He has also edited two anthologies, The Penguin Book of Indian Ghost Stories and The Penguin Book of Indian Railway Stories. Bonds writing is greatly influenced by the hills, and the valley of Dehra Dun, where he spent his childhood. Ruskin Bonds first novel, The Room on the Roof, written when he was seventeen, won the John Llewellyn Rhys Memorial Prize in 1957. Vagrants in the Valley was also written in his teens and picks up from where The Room leaves off. These two novellas were published in one volume in 1993. His non-fiction writing, Rain in the Mountains was also much acclaimed. Since then he has written several novellas (including Vagrants in the Valley, A Flight of Pigeons and Delhi Is Not Far), essays, poems and children books. Ruskin Bond has also written over 500 short stories and articles that have appeared in a number of magazines and anthologies. His novel, The Flight of Pigeons was adapted into a movie, Junoon. He received the Sahitya Academy Award in 1992 for Our Trees Still Grow in Dehra and the Padma Shri in 1999 for children literature Life and works Bond started displaying his literary talent in England. He wrote his first novel named ‘Room On The Roof’ when he was all of 17 years. The book made him win prestigious ‘John Llewellyn Rhys’ Prize that is awarded to British Commonwealth Writers who are under the age of 30. The book was primarily based in and around Himalayas and was successful in capturing its beauty and ethos in a manner that was never tried before. Its sequel named ‘Vagrants in the Valley’ followed it. Riding on the success of these two novels, Ruskin took the journey back home. Ruskin Bond has now been writing for more than 5 decades. He has stressed more on the local elements of Himalayas in his writings. His writing style is distinct in a way that it tries to make reader understand the landscape and ethos through carefully mastered words. His writings have won him both tremendous critical acclaim as well as a long list of fans through out the literary world. Replete with unassuming humor and quiet wisdom, his stories manifest a deep love for nature and people. His mesmerizing descriptions about the flora and fauna of Himalayas can not be missed in his 100 something short stories, essays, novels, and more than thirty books of children that he has written. His works has inspired several generations of writers, authors and scriptwriters. His novel named ‘The Flight of Pigeons’ has been adapted into the acclaimed Merchant Ivory film Junoon. Another less known novel named ‘The Room on the Roof’ has been adapted in to a BBC produced TV series. Nevertheless his greatest achievement comes from the fact that several of his short stories from his collections have been incorporated in the school curriculum all over India. It includes jewels such as The Night Train at Deoli, Time Stops at Shamli and Our Trees Still Grow in Dehra. In spite of all these successes, Bond can be concluded today as a media-shy and reclusive literary genius. He spends his days with his adopted family at a place close to Dehradun. He received the Sahitya Academy Award for English writing in India for ‘Our Trees Still grows in Dehra’ in 1992. He has also been conferred with Padma Shri, one of the most prestigious civil awards in Ind ia.

How The Courts Have Developed The Law In Relation To Claims For Psychiatric Harm By Secondary Victims - Free Essay Example

Sample details Pages: 12 Words: 3630 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Critical essay Level High school Did you like this example? Date authored: 12 th August, 2014. Introduction There has been judicial comment in Australia that in relation to claims for psychiatric harm, the law has progressed haphazardly or pragmatically rather than logically or scientifically: [1] â€Å"The ways in which the law of liability for nervous shock has been developed by courts in England and here, and extended to new situations, have been empirical, with results and limitations that appear as pragmatically rather than as logical applications of principle.† The development of the common law in Australia in relation to secondary victims, particularly under the law of negligence, has seen a gradual liberalising or expansion of the categories for recovery in recent years, most notably in the High Court decisions of Tame and Annetts Don’t waste time! Our writers will create an original "How The Courts Have Developed The Law In Relation To Claims For Psychiatric Harm By Secondary Victims" essay for you Create order [2] and Gifford [3] . This has, to some extent, been in response to a traditional reluctance by the Courts to allow secondary victims to recover for mental due to a perceived flood of imaginary claims. [4] The view used to be held that ‘nervous shock without physical symptoms was not compensable at law, but it has long been recognised that mental harm has the same status in torts law as physical harm. [5] A secondary victim is understood in this context to mean a person who suffers a ‘recognisable psychiatric injury, [6] typically as a consequence of perceiving injury to another, but not necessarily at the impact scene or its aftermath. The fear of an avalanche or flood of mental harm cases led to policy restrictions or control mechanisms being imposed, including that the secondary victim must suffer ‘sudden shock, be a witness to the accident scene or its aftermath, or be in a relationship having close ties of love and affection with the primary victim. The view that that the conditions for recovery have been unduly restrictive and led to arbitrary decisions seems to have been exacerbated by a lack of predictability in the common law applying said control mechanisms, as well as by a lack of uniformity on the part of the State and Territory legislatures in responding to the ‘insurance crisis of 2002, which sparked fears that the law was moving too fast to award damages to new classes of plaintiff. [7] The foregoing matters will be discussed under the following headings: 1. Requirement of Sudden Shock 2. Requirement of Proximity 3. Requirement of Relationship 4. Foreseeability – Person of ‘Normal Fortitude 5. Statutory Restrictions Conclusion. 1. Requirement of Sudden Shock The first control mechanism restricting recovery for both primary and secondary victims is the requirement that there can be no liability in the absence of a sudden shock to the nervous system. [8] The limitation can be traced back to Brennan Js interpretation of the case law in Jaensch v Coffey [9] and has been applied in numerous subsequent decisions. [10] However, there are exceptions to the general principle such as the ‘work stress cases [11] and ‘fear for the future cases. [12] The shock must in reality be a psychiatric illness of a lasting and clinical nature. It is clear that from the 1970s judges have required plaintiffs to be suffering a ‘recgonisable psychiatric illness†, [13] (although McHugh and Callinan JJ in retain the use of â€Å"nervous shock† in Tame and Gifford [14] ), in order for the harm to be compensable. Medical consensus suggests that lasting damage does not occur in ‘normal i ndividuals. [15] It is therefore inappropriate to insist that an immediate reaction such as a sudden sensory perception be a prerequisite to recovery. This was the conclusion reached by a majority of the High Court in Tame. [16] However, the sudden shock rule remains relevant as a factor in determining whether psychiatric injury was reasonably foreseeable, as subsequently confirmed by the Civil Liability Acts. [17] The sudden shock rule is perhaps a striking example of the pragmatic and unscientific development of the common law. It is possible that this principle may yet operate to deny recovery or at least will operate unpredictably, turning upon the particular facts and evidence of each case. 2. Requirement of Proximity The common law has, however, gradually relaxed the restriction that, in order to recover, the plaintiff be present at the impact scene. [18] That process began in 1925 with Hambrook v Stokes in which a mother recovered for shock she suffered from fear for her own and her childrens safety from a runaway lorry. [19] The requirement that the plaintiff had to be present at the scene and witness the accident was gradually extended to witnessing the aftermath at the scene, extended to witnessing the aftermath at hospital during the immediate post-accident treatment. [20] The High Court suggested in Jeansch [21] that absence by the relative from the accident scene might not be a bar to recovery. In Annetts, [22] the Court finally removed the direct perception requirement as a bar to recovery. The aftermath requirement would always be a limitation in borderline cases, penalising family and friends who are too affected by shock and grief to go to the scene o r a bar where there is no aftermath or no scene to perceive (as in Annetts, in which the body was not discovered at the time of the shocking event). [23] However, the gradual innovation of the common law has been complicated by the legislative response to the insurance crisis of 2002. The Civil Liability Acts (and variants) were legislated in each jurisdiction as a response to perceptions that the common law was moving too fast to allow new classes of plaintiffs to recover, including secondary victims. [24] Earlier legislation [25] provided that family members (other than parents, spouse and close family) were required to be within sight or hearing of the accident in order to recover. [26] Under the common law, that requirement was effectively removed as a condition for recovery by the High Court in Annetts and Gifford. At the time of the Gifford decision the Civil Liability Act 2002 took effect which excludes compensatory recovery for a person who is n ot a witness at the scene nor a à §lose family member. [27] Yet similar provisions of other States do permit recovery for a plaintiff who witnessed the immediate aftermath [28] , or who was ‘present at the scene. [29] The civil liability provisions differ across jurisdictions creating disunity and much less predictability across Australia for secondary victims who suffer mental harm. 3. Requirement of Relationship Another limiting factor is that the plaintiff must have a close tie of relationship or care with the primary victim. Relationship is likely to lead to a conclusion in which there was foreseeability (which appears to be the predominant view in the UK authorities). [30] However, it is just as foreseeable that a harm could be suffered by those unrelated to the primary victim. Thus in Australia, Deane J in Jaensch was of the view that close ties of love and affection should override the direct perception limitation on reasonable foreseeability. [31] It is clear from Gifford that the absence of a pre-existing relationship is not a bar to recovery. [32] Involuntary participants is another category in which the shock stems from an apprehension that the plaintiff is the involuntary cause of injury to another. [33] Legislative reforms introduced as a result of the insurance crisis of 2002 has complicated the picture. For example, the Civil Liability Act 2002 (NSW) restricts the class of plaintiffs to a â€Å"close member of the family† (parent, spouse, partner, child, stepchild, brother, sister, half-brother, half-sister, step-brother/sister) [34] , in contrast with earlier legislation which said that the defendants liability extended to those cases, and also to â€Å"any other member of the family† who saw or heard the plaintiff injured or put in peril. [35] Yet, somewhat haphazardly, the categories of potential claimants differ across jurisdictions. In Victoria, for example, the plaintiff must be or have been in â€Å"a close relationship with the victim†. [36] Yet â€Å"close relationship† is not defined, leaving it open for the courts to interpret the categories more expansively beyond family relationships to perhaps those with â€Å"close ties of love and affection† [37] as giving rise to a duty of care. 4. Foreseeability – Person of ‘Normal Fortitude The doctrine that the shock must have been foreseeable to a person of normal fortitude acts as a control mechanism against unduly burdening human activity by indiscriminate claims of exposing others to the risk of mental harm. Such claims could interfere with otherwise tolerable conduct, such as making a loud noise which could cause a person peculiarly vulnerable to suffer shock. [38] Yet the onus of proving a special vulnerability lies on the defendant [39] who takes the victim as they are found. [40] However, the normal fortitude test has been criticised as unscientific and impracticable to apply, as it depends upon arbitrary judge-made distinctions as to what is ‘normal along a ‘slippery slope of psychiatric abnormality. [41] Yet under negligence law the foreseeability test is necessarily concerned with a balancing exercise by the Courts to assess whether a reasonable person would recognise an act or omission as posing an unreasonable risk of harm to a normal person [42] . The Courts do not insist upon foreseeing the specific kind of psychiatric damage, rather, if compensable mental harm is foreseeable, the predisposition is necessarily included. [43] Thus the High Court in Tame clarified the fortitude principle by establishing that the test is merely one consideration within reasonable foreseeability. [44] Whilst that consideration did not alter the outcome in Tame, it seems a sensible solution to a complex problem. 5. Statutory Restrictions However, statutory law has returned to the old test in respect of ordinary fortitude. At the time of the Tame decision in 2002 there was a nationwide concern as to the way in which the law of negligence was operating in personal injury cases, with the effect of driving up insurance premiums and making it difficult to obtain liability cover (eg. in the practice of medicine). The Commonwealth Government appointed a panel to review the law of negligence and the resultant report recommended greater restrictions to recovery in some areas. In the area of foreseeability of mental harm to primary and secondary victims the panel urged that: â€Å"a person (the defendant does not owe another (the plaintiff) a duty to take care not to cause the plaintiff pure mental harm unless the defendant ought to have foreseen that a person of normal fortitude might, in the circumstances, suffer a recognised psychiatric illness if reasonable care was not taken.† [45] Civil liabilit y legislation in six Australian jurisdictions subsequently adopted a general principle which closely resembled this formulation. [46] The principle that if the defendant knows or ought to know that the plaintiff is a person of less than normal fortitude is specifically preserved. However, the re-formulation by eh High Court in Tame is pointedly ignored. The change in the law effected is to limit the principle that where a plaintiff suffers personal injury, there can be recovery for all consequential harm, physical or mental. That limitation had not previously been imposed by the common law and is viewed as a way of reducing the size of damages awards. [47] The result of these legislative reforms in response to the insurance crisis is that Australian personal injury law restricts recovery to claimants previously classified by the common law as deserving in a range of situations, but in a way which is far from consistent across jurisdictions. Conclusion In many ways, the common law has developed incrementally in the area of psychiatric harm by showing innovation. For example, in Tame and Gifford in removing the proximity requirement and focussing more on the relationship between primary and secondary victim as the touchstone for reasonable foreseeability. In that sense, the common law has come a long way since the Coultas decision in recognising the particularly devastating nature of psychiatric injury. However, such developments are coloured by the response of the legislatures to the insurance crisis of 2002. The Civil Liability Acts across the Australian jurisdictions are characterised by a lack of consistency and uniformity in approach, and in some cases went beyond the recommendations of the panel Report. For example, seemingly outdated legal rules such as the ‘sudden shock requirement persist, and a person unrelated to the plaintiff present at the aftermath may be permitted to recover damages for psychiatric harm in Tasmania, but not in New South wales. This disunited and unsatisfactory state of Australian law will await a legislative solution in the future, and will continue to pose challenges for the Courts as they proceed â€Å"step by cautious step† to develop the foregoing policy considerations in ways which will deliver appropriate and just outcomes for deserving secondary victims. Bibliography Butler, D. A ‘Kind of Damage: Removing the ‘Shock from ‘Nervous Shock. Torts Law Journal, 5, 255-275. Butler, D., Identifying the Compensable Damage in â€Å"Nervous Shock† Cases. Torts Law Journal, 5, 67 – 87. Butler, D. 2002. Employer liability for Workplace Trauma. Aldershot, UK. Ashgate. Dietrich, J. 2003. Nervous Shock: Tame v NSW; Annetts v Australian Stations. Torts Law Journal, 11, 1-9. Foster, N. 2004.Psychiatric Injury Following Workplace Trauma or Death: Actions by Fellow Workers and Relatives in New South Wales. Tort Law Rev iew, 12, p. 59. Handford, P. (2006) Mullany and Handfords Tort Liability for Psychiatric Damage. Sydney. Lawbook Co. Handford, P. 2012. Wilkinson v Downton: Pathways to the Future? Tort Law Review. 20(1) 145-162. Hilson, C. 1998. Nervous Shock and the Categorisation of Victims. Tort Law Review, 6, 37-55. Luntz and Hambly 2006. Torts: Cases and Commentary. Chatswood. LexisNexis Butterworths. Mendelson, D. 1998. The Interfaces of Medicine and Law: The History of the Liability for negligently caused Psychiatric Injury (Nervous Shock). Aldershot. Ashgate. Mendelson, D. (2010). The New Law of Tort. South Melbourne. Oxford University Press. Sappideen, C. and Vines, P. 2011. Flemings The Law of Torts. Sydney. Lawbook Co. Teff, H. 1996. The Requirement of ‘Sudden Shock in Liability for Negligently Inflicted Psychiatric Damage. Tort Law Review, 4, 44-61. [1] Mount Isa Mines Ltd v Pusey (1970) 125 CLR 383 at 407per Windeyer J. Cf. UK Law Commission, Liability for Psychiatric Illness, Law Com No 249, 1998, cited by Luntz and Hambly (2006 p. 536 at [7.11.4]). [2] Tame v New South Wales (2002) 211 CLR 317. [3] Gifford v Strang Patrick Stevedoring Pty Ltd (2003) 214 CLR 269. [4] Victorian Railways v Coultas (1888) 13 App Cas 222 at 226. Cf. under the intentional infliction of mental harm, the interest protected is that of the legal right of the plaintiff to personal safety, that is, the right to mental or emotional tranquillity and bodily dignity: Wilkinson v Downton (1897) 2 QB 57 at 59 per Wright J; Bunyan v Jordan (1937) 57 CLR 1 at 10-11 per Latham CJ; Dulieu White [1901] 2 KB 669 at 683 per Phillimore J; Purdy v Woznesensky [1937] 2 WWR 116 at 120; Magnusson (1994) pp. 166, 169. [5] See for example the various statutes of limitation, eg. Limitation Act 1969 (NSW) s 11(1); Limitation Actions Act 1985 (ACT) s 81(1); Limitation Act 1981 (NT) s 4(1); Limitation of Actions Act 1974 (Qld) s 5(1); Limitation of Actions Act 1936 (SA) s 36(2); Limitation Act 1974 (Tas) s 5(5); Limitation of Actions Act 1958 (Vic) s 3(1). Cf. Limitation Act 1980 (UK) s 38(1). For the medical background see Handford (2006: pp. 53-73). [6] Tame v New South Wales (2002) 211 CLR 317 per Gleeson CJ at 329, 338; per Gaudron J at 339; per Gummow Kirby JJ at 292, 302; Gifford v Strang Patrick Stevedoring Pty Ltd (2003) 214 CLR 269 per McHugh J at 291; per Gummow Kirby JJ at 292, 302; Butler (1997); [7] Civil Liability Act 2002 (NSW) s 32; Civil Law (Wrongs) Act 2002 (ACT) s 34; Civil Liability Act 1936 (SA) s 33; Civil Liability Act 2002 (TAS) s 34; Wrongs Act 1958 (Vic) s 72; Civil Liability Act 2002 (WA) s 5S. [8] Butler (1997). [9] Jaensch v Coffey (1984) 155 CLR 549 at 565. [10] Chiaver ini v Hockey (1993) Aust Torts Rep 81-223; Reeve v Brisbane CC [1995] 2 Qd R 661; Pham v Lawson (1997) 68 SASR 124 (FC). Note that the UK has retained the sudden shock requirement: Alcock v Chief Constable [1992] 1 AC 310. [11] That is, where an employee claims against the employer for damages for psychiatric injury caused by work stress, see: Handford (2006, Chapter 22, pp. 539-571); Butler (2002) pp. 103-124.. [12] That is, where the plaintiff claims to have suffered psychiatric injury through fear of what will happen in the future, such as the possibility of exposure to a deadly disease, see: APQ v Commonwealth Serum Laboratories Ltd [1999] 3 VR 633; Handford (2006 Chapter 27, pp 645-671). [13] Handford (2006) p. 30 and cases cited at [2.20]. [14] Tame v NSW (2002) 211 CLR 317 at 348, 427; Gifford v Strang Patrick Stevedoring Pty Ltd (2003) 214 CLR 269; cf. White v Chief Constable of South Yorkshire Police [1999] 2 AC 455. [15] Teff (1996, pp. 54-55). [16] Tame v NSW (2002) 211 CLR 317 at 333; 344; 389-90; 410. See also: New South Wales v Napier [2002] NSWCA 402 at [67] per Mason P; Wicks v SRA (2010) 241 CLR 60 at 72 – the ‘shocking event is a relevant consideration but a necessary pre-requisite of recognising a duty of care (two police officers who rescued injured persons at scene of a horrific railway accident were denied recovery by the NSW Court of Appeal because they did not witness victims being killed, injured or put in peril). [17] Civil Liability Act 2002 (NSW) s 32; Civil Law (Wrongs) Act 2002 (ACT) s 34; Civil Liability Act 1936 (SA) s 33; Civil Liability Act Act 2002 (Tas) s 34; Wrongs Act 1958 (Vic) s 72; Civil Liability Act 2002 (WA) s 55. [18] Williams v Ocean Coal [1907] 2 KB 422 (CA); Bourhill v Young [1943] AC 92. [19] Hambrook v Stokes [1925] 1 KB 141. [20] Jaensch v Cof fey (1984) 155 CLR 549. Cf. Alcock v Chief Constable [1992] 1 AC 310; cf. Galli-Atkinson v Seghal [2003] Lloyds Rep Med 285 the House of Lords upheld restrictions on being told or reading about the accident afterwards or hearing about it simultaneously on radio, barring recovery for relatives of spectators crushed in a football stadium disaster, on the basis that they were not at the scene or at the hospital within an hour or so. [21] Jaensch v Coffey (1984) 155 CLR 549 at 555, 608-609 per Gibbs CJ, Deane J. [22] Annetts v Australian Stations; Tame v NSW (2002) 211 CLR 317 (the Court held that parents who were telephoned in Sydney and told of the disappearance of their son, a sixteen year old jackaroo working in remote Western Australia, were owed a duty of care even though they never visited the accident scene, where his body was not discovered for four months). [23] See Handford (2006 p. 238 and cases cited at [8.340]). [24] See the account by Handford (2006 pp. 427-432). [25] The Law Reform (Miscellaneous Provisions) Act (NSW) s 4(1), for example, provided that whilst a parent, husband or wife of the plaintiff did not need to be at the scene or its aftermath to recover (a position more progressive than the common law, which nonetheless extended the boundaries of liability over the years, prior to Tame v New South wales (2002) 211 CLR 317, see for example: Quayle v NSW (1995) Aust Torts Rep 81-367 (mother told of sons death in custody allowed to recover both under statute and common law); see also mothers claim for shock related injury in X and Y (by her Tutor X) v Pal (1991) 23 NSWLR 26). Note, however, that despite the repeal of the Law Reform (Miscellaneous Provisions) Act (NSW) s 4, that provision still has some effect in workplace claims due to the complex interaction of the 1944 Act, the Civil Liability Act 2002 and the Workers Compensation Act 1987 (NSW), for discu ssion see: Foster (2004). [26] Cases in which childrens claims under the statutes were ruled out on this ground include:Coates v Government Insurance Office of New South wales (1995) 36 NSWLR 1 (children told of fathers death in road accident); Knight v Pedersen [1999] NSWCA 333; Gifford v Strang Patrick Stevedoring Pty Ltd (2001) 51 NSWLR 606, on appeal (2003) 214 CLR 269. [27] Civil Liability Act 2002 (NSW) s 30. [28] Civil Liability Act 2002 (Tas) s 32. [29] Civil Liability Act 1936 (SA) s 53(1). [30] Owens v Liverpool Corp [1939] 1 KB 394; cf. Storm v Geeves [1965] Tas SR 252; Alcock v Chief Constable [1992] 1 AC 310. [31] Jaensch v Coffey (1984) 155 CLR 549 at 608-609 per Deane J. [32] Gifford v Strang Patrick Stevedoring (2003) 214 CLR 269. Note that In Tame the fact that the mother of the victim had contacted the tortfeasor to ensure that her son would be looked after was a factor significant in recognising the duty of care. Compare cases of intentionally inflicted mental harm in which persons closely connected with the victim or witnesses to the attack are entitled to recover: Battista v Cooper (1976) 14 SASR 225; Purdy v Woznesensky [1973 2 WWR 116; Beilitski v Obadiak (1922) 65 DLR 627; cf. Fagan v Crimes Compensation Tribunal (1982) 150 CLR 666 at 681. [33] Dooley v Cammell Laird [1951] 1 Lloyds Rep 271 (crane driver suffered shock when he saw his load fall into a ships hold where he knew fellow workers to be unloading); Alcock v Chief Constable [1992] 1 AC 310 at 408. The common law also recognises other categories of case (eg. rescuers: see Handford (2006), Chapter 19; employees susceptible to psychiatric illness: Moricz v Grundel Boilermaking Engineering Works [1963] SASR 112; Corporation of the City of Woodville v Balassone [1968] SASR 147; cf. Donjerkovic v Adelaide Steamship Industries Pty Ltd (1980) 24 SASR 347) not dependent on there being a family relationship. However, those plaintiffs tend to be classified as primary victims with possibly greater restrictions on recovery. [34] Civil Liability Act 2002 (NSW) s 30. Contrast: Civil Law (Wrongs) Act 2002 (ACT) s 36(1). [35] Law Reform (Miscellaneous Provisions) Act 1944 (NSW) s 4(1). [36] Wrongs Act 1958 (Vic) s 73. [37] Alcock v Chief Constable [1992] 1 AC 310. [38] Bourhillv Young [1943] AC 92; Bunyan v Jordan (1937) 57 CLR 1. [39] Mount Isa Mines Mines Ltd v Pusey (1970) 125 CLR 383 at 405-406; Benson v Lee [1972] VR 879 at 881; Gannon v Gray [1973] Qd R 411 at 414; Jaensch v Coffey (1984) 155 CLR 549 at 556; Petrie v Dowling [1992] 1 Qd R 284 at 287; Skea v NRMA Insurance Ltd [2005] ACTCA 9. [40] The victim as found may include the plaintiffs cultural context: See Kavanagh v Akhtar (1998) 45 NSWLR 588; Handford (2006 p. 328 at [1 1.290] and cases cited therein). [41] Sappideen Vines (2011 p. 182). [42] Wyong Shire Council v Shirt (1980) 146 CLR 40 at 47-48.Jaensch v Coffet (1984) 155 CLR 549 at 556, 609-610, 613. Compare cases of intentionally inflicted mental harm in which the range of foreseeability is greater as the intended consequences must be likely: Bunyan v Jordan (1937) 57 CLR 1 at 10 per Latham CJ; Battista v Cooper (1976) 14 SASR 225 at 229-230. As such the intentional tortfeasor deserves lesser leniency from the court, and later High Court decisions have recognised that intention includes recklessness: XL Petroleum v Caltex i(1985) 155 CLR 448 at 471; Northern Territory v Mengel (1995) 185 CLR 307 at 347. [43] Jaensch v Coffey (1984) 155 CLR 549 at 556; Petrie v Dowling [1992] 1 Qd R 284; Skea v NRMA Insurance [2005] ACTCA 9. For example, an abnormality may not be so pronounced as to take it outside the normal bounds of reasonable foresight. [44] Tame v NSW (2002) 211 CLR 317. [45] Review of the Law of Negligence: Final Report (2002) at par. [9.28]. [46] Civil Liability Act 2002 (NSW) s 32(1); Civil Law (Wrongs) Act 2002 (ACT) s 34(1); Civil Liability Act 1936 (SA) s 33; Civil Liability Act Act 2002 (Tas) s 34; Wrongs Act 1958 (Vic) s 72; Civil Liability Act 2002 (WA) s 5S. [47] The statutory preference for the term ‘recognised rather than ‘recognisable psychiatric illness is a further factor potentially limiting recovery in consequential mental harm cases and contrasts with the approach of the common law. Eg. Civil Liability Act 2002 (NSW) s 33.

The Causes And Factors Of The Mexican American War

The Causes and Factors of the Mexican-American War The extent through which the Southern desire for slavery was important in the casus belli against Mexico, as were two other factors being the political fighting and upheaval of the time, and the threat of foreign intervention by European powers namely, England. Slavery as an issue was always at the forefront of national politics, whether we consider the Missouri Compromise and the balance created of one state slave, and one state free, or the gag rule in Congress which restricted the discussion of the very issue. However, in the Presidencies of John Tyler and James Polk the main topic accompanying slavery was its expansion and none illustrated this more than Texas. Texas although formally a state of Mexico, starting at the beginning of the century was being flooded by migrants from the South, slave-owning migrants who represented a trend of the time illustrated by Document A which showed the gradual shift of slaves from the more condensed areas of the Old South the fertile pastures of the West. This was all in search of land to grow cash crops, this always was in the background of the Texas issue, Texas may have been a catalyst to speed the process along but the process was on its merry way. Mexico was displeased at the large numbers of Pro testant slave-owning Americans at their borders and although it called for no slaves within its borders the calls went unheeded. Finally the newly elected President Santa Anna decidedShow MoreRelated The Mexican War Essay711 Words   |  3 PagesThe Mexican War   Ã‚  Ã‚  Ã‚  Ã‚  The factors that started the Mexican War lay heavily on American shoulders. 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Through a series of wars, leaders, and policies, which proved causation politically, socially, and economically to the Mexican RevolutionRead MoreAbraham Lincoln And The American War1712 Words   |  7 Pagesopposed the Mexican American War, since he argued it was unnecessary and unconstitutional. He questioned the U.S. president’s honesty and even accuses the president’s justification to be â€Å"from beginning to end, the sheerest deception.† Furthermore, he criticizes the president for supporting the war with arguments and not facts. He also bashes on the president’s mentality on a personal level. Moreover, Abraham Lincoln argues that President Polk is lying about the initial cause of the war in which theRead MoreAmer ican History : The Mexican American War Essay1413 Words   |  6 Pagesformation of the United States, war has been a constant factor within the political sphere. From these wars the U.S obtained power, land, and status unseen and unparalleled by any civilization in humankind. One of the earliest wars that allowed the United States to grow into the global power it is today was the Mexican-American war. This war not only shaped American politics for decades, but also fueled the sectional crisis that culminated into the infamous Civil War. Being the new country’s firstRead MoreSocial, Political, And Economical Cause Of The Mexican Revolution1695 Words   |  7 PagesSocial, Political, and Economical Causes of the Mexican Revolution There were an abundance of social, political, and economical factors that led to the Mexican Revolution. Socially, there was a great displacement in the treatment between the elite and rich classes and the poor classes. Politically, what once started out as a Republic, after they had won their independence, had transitioned into a tyrannical dictatorship. Economically, Mexico was over dependent on loans from foreign nationsRead MoreEssay about The Mexican War by Otis A. Singletary590 Words   |  3 Pagesaspects of the Mexican war. It is a compelling description and concise history of the first successful offensive war in United States military history. The work examines two countries that were unprepared for war. The political intrigues and quarrels in appointing the military commanders, as well as the military operations of the war, are presented and analyzed in detail. The author also analyzes the role that the Mexican War played in bringing on the U.S. Civil War. The Mexican-American War of the 1840sRead MoreThe Civil War : The Kyle Longley s The Morenci Marines, Nine Young Morenci Boys 997 Words   |  4 Pagesto duty, not knowing that only three will return from the warzone of Vietnam. These boys, some of who were Native American, Mexican American, and Caucasian, joined the fight in Vietnam despite their social, racial, and economic differences. Although the nine men are from a small mining town in Morenci, Arizona, the Vietnam War was, in the words of Mike Cranford, â€Å"a lower middle class war,† that was fueled by small towns all around the United States (Longley, 246). Many of these men felt the call to