Friday, September 6, 2019
Themes in Othello Essay Example for Free
Themes in Othello Essay What are the major themes we have encountered in William Shakespeares Othello, so far in the play? Excellent wretch; Peridition atch my soul But I do love thee: and when I love thee not, Chaos is come again. - Othello. There are many complex themes in Othello; it is a play full of very diverse characters. This contrast of characters gives the text its many themes and in turn, makes it a very interesting and compelling play. Love Whenever I think of this text and its themes, there is one that always stands out in my mind; love. Whether it is the marital love between Othello and Desdemona, or the unrequited love Roderigo has for Desdemona, it is something that heavily features throughout this play. Where we see love most often depicted, is the love between Desdemona and Othello, and the problems it causes. Carol Thomas Neely supports this idea that marital love is one of the main themes in the play, and that because of this the primary conflict is between men and women. Jealousy It is clear to see that the fire behind numerous conflicts in this text is jealousy. It is one of the primary reasons that Iago is so persistent in his destruction of Othello, and why Roderigo is so willing to help Iago in his scheming ploys. In my opinion, Iago displays the most jealous tendencies right from the start, stemming from the fact that Othello chose Cassio for the job of lieutenant, and not him. I know my price, I am worth no worse a place. It might also have something do to with Iago thinking that Othello has slept with his wife; Emilia. I hate the Moor And it is thought abroad that Itwixt my sheets Has done my office. I know not if it be true; Yet I, for mere suspicion in that kind, Will do as if for surety. D. R. Godfrey examines the portrayal of jealousy in Othello, and states that Iago exhibits an all encompassing jealousy and because of this Iago becomes the most completely villainous character in all literature. Racism What a full fortune does the thick lips owe if he can carryt thus. This is one of the many racist slurs Iago uses when referring to Othello throughout the play. Othello is black, so I was expecting racism to be a relatively prominent theme, due to the time that this is set in. However, thick lips is a stereotypical view of someone from black origin, yet Othello is shown to be a hero; honest and honourable, which would have been quite startling to the Elizabethan audience, considering that black people in plays were always portrayed as villains. It is clear to see that Shakespeare challenges racial stereotypes right the way through this piece, something that Ruth Cowhig supports. She says that Shakespeares depiction of Othello as a noble character was challenging stereotypes. The majority of racism spoken throughout this text undoubtedly comes from Iago. Whenever he is talking ill of Othello, he refers to him as The Moor. Ruth Cowhig also writes about racism being another of the primary reasons for Iagos hatred towards him. Manipulation Iago makes manipulation another of the prominent themes. He uses it constantly in a bid to get whatever he wants, as a means of belittling people and to put a smoke screen up so that no-one suspects he has ulterior motives. The language he uses helps him manipulate people to the full extent. He comes across as very loyal and honest, even though the reading audience knows he is scheming. I should be wise, for honestys a fool, and loses that it works for Here, he is saying that being honest is a bad thing, and that he will not be honest again. Of course he is referring to what he has been telling Othello about Cassio and Desdemona. He manipulates Roderigo on numerous occasions, but no- one does he manipulate as much as Othello. Iago picks and picks away at him until he is so insecure he contemplates awful deeds. The consequences of Iagos manipulation become abhorrent in Act Three, Scene Three. Avaunt, be gone: Thou has set me on the rack: I swear tis better to be much abused, than but to knowt a little. Othello comes across as a broken man, and its all down to Iagos manipulation and lies. Kenneth Muir believes that the reason Othello believes Iagos lies so easily, is because he is already insecure and allows himself to be influenced by him. The four themes I have chosen to write about; Love, Racism, Manipulation and Jealousy, in my opinion, best display the texts complexity. It is a piece full of characters that, at some point, will display at least one of these themes. Shakespeares use of these themes and how he applies them to each character has made Othello one of the greatest pieces of literature ever to appear in the literary world. I am not what I am. This extremely provocative quote by Othello sums up not only himself, but much of the play as well. No-body is completely as they appear, thus bringing up the question of what exactly is Iago? An avenging angel possibly, come to show people their true selves? Bibliography Othello: Jealousy. Shakespeare for Students. Ed. Marie Rose Napierkowski. Vol. 1. Detroit: Gale, 1998 Othello: Race. Shakespeare for Students. Ed. Marie Rose Napierkowski. Vol. 1. Detroit: Gale, 1998. Mabillard, Amanda. Othello Analysis. Shakespeare Online. 19 Mar. 2000. Word Count- 988 words. Samantha Gibson Show preview only The above preview is unformatted text This student written piece of work is one of many that can be found in our GCSE Miscellaneous section.
Thursday, September 5, 2019
Has Labour Abandoned Its Socialist Principles Politics Essay
Has Labour Abandoned Its Socialist Principles Politics Essay Many consider New Labour to be operating under a deceptive title due to the fact that the party has abandoned so many of the principles traditionally associated with Labour policies. The foundation of the long-established socialist principles, which formed the basis of old Labour policies, was clause IV of the 1918 Labour constitution. Common ownership of the means of production, distribution and exchange was the single socialist slogan which underpinned the ethos of old Labour; equality. Historically the party was broadly in favour of socialism as set out in Clause Four of the original party constitution and advocated socialist policies such as public ownership of key industries, government intervention in the economy, redistribution of wealth, increased rights for workers, the welfare state, publicly-funded healthcare and education. Beginning in the late-1980s under the leadership of Neil Kinnock, and subsequently that of John Smith and Tony Blair however the party moved away from socialist positions, adopting free market policies, leading many observers to describe the Labour Party as Social Democratic or Third Way rather than democratic socialist. Blairism has been viewed as a continuation of traditional social democracy, concealed by better marketing and a modernized image. After 1918 the Party traditionally presented its policies as socialist, emphasizing the importance of a large state-controlled sector of the economy, relatively high levels of taxation, and comprehensive state-organized welfare provision. In office, the 1945-50 government of Clement Attlee is widely credited with successful radical reform which epitomized much of this progressive agenda. The Attlee Government created a mixed economy through the nationalization of a number of strategic industries and public utilities, as well as Keynesian ideas of economic management. A welfare state was established involving a commitment to full employment, universal social security, free universal state-funded health care and extensive state-funded social housing. Attlee also laid down a foreign and defence policy based on NATO, bilateral cooperation with the United States, and the development of nuclear weapons. Such approaches set the framework for government for the next twenty to thirty years. The general picture, however, was that Labour governments were haunted by caution and failure. The inter-war minority governments lacked political power and were heavily influenced by the desire to show that they were fit to govern. Critics of the 1945 Attlee Government highlight that actually it should have gone a lot further in nationalization and in introducing greater industrial democracy. Post-war governments commonly were unable to develop state intervention as they were beset by economic crises. Both the 1945-50 and 1966-70 Labour governments were forced to devalue the pound. The Labour governments 1974-9 presided over the shock-waves from the oil crisis following the Arab-Israeli war and domestic industrial relations problems. Inflation rose to over 25 per cent and unemployment to over 1 million. Labour was forced to seek a loan from the International Monetary Fund in 1976, and left government 1979 tarnished by the image of the winter of discontent, 1978-9, when Britain was h it by a wave of strikes. Labours common experience was to enter office with big plans and high expectations, only to retreat a few years later overwhelmed by events. Labours new leader, Michael Foot, belonged to the hard left wing of the party. He was not seen as a moderniser. Labour remained committed to a mixed economy and nuclear disarmament. Four top Labour Party figures, left to right: Bill Rodgers, Shirley Williams, Roy Jenkins and David Owen quit the Labour Party in 1981 to form the new centre party; the Social Democratic Party or SDP. Twenty eight other Labour MPs also joined. The 1983 election was a disaster for Labour. Mrs Thatcher, buoyed up by her victory in the Falklands War of 1982, won a landslide victory with a 143 seat majority (compare this with a 178 majority for Blair in 1997). After the election, Neil Kinnock took over the leadership with a mission to modernise the party and make Labour electable again.He ditched the policy of nuclear disarmament and made it clear that Mrs Thatchers anti-strike laws would not be reversed. The Blair New Labour project was shaped by the partys experience of eighteen frustrating years in opposition, during which time profound changes in the UK were brought about by the Thatcher and Major governments. Labour found itself having to adjust to, even accommodate Thatcherism, following four successive general election defeats. The party was also angered by what it saw as the deleterious effects of Conservative rule, in terms of widening inequality and deepening social division. The process of Labour party modernisation that began with Neil Kinnock in 1983 was driven by electoral imperatives that became stronger with each subsequent defeat. As revised Clause 4 indicated, Labour had come to accept that the economy should be regulated by the market and not by the state. Blairism therefore built on Thatcherism and did not try to reverse it. This particularly applied in relation to the core elements of economic Thatcherism- privatization, union power, taxation and degulation. Beyond this, the first Blair government granted semi-independence to the Bank of England in the setting of interest rates. A major distinction between Old Labour and New Labour was the latters enthusiasm for reforming the constitution. During Blairs first government, 1997-2001, a bold series of constitutional reforms were introduced. These reflected a liberal desire to strengthen checks and balances by fragmenting government power and to bolster individual rights. However, many have argued that Labours conversion to constitutional liberalism was only partial. For example, plans to consider alternatives to the Westminster voting system were quickly dropped and enthusiasm for constitutional reform declined after 2001. Blairs approach to welfare was different from both the Thatcherite emphasis on standing on your own two feet and the social-democratic belief in cradle to grave support. This was reflected in unprecedented increases in health and education after 1999, the wider use of targeted benefits (as opposed to universal benefits), an emphasis on the idea of welfare-to-work and attempts to reform the public services. Blairs belief in welfare was based on what has been called social entrepreneurialism, the idea that the public services should be more market-orientated and consumer responsive. Public-private partnerships, such as private finance initiatives (PFIs), were also more widely used to, for example, build schools and hospitals. A key Blairite belief has been the idea that rights should always be balanced against responsibilities. In this sense, Blairism was influenced communitarianism. The desire to strengthen social duty and moral responsibilities was reflected in the so-called respect agenda, under which new public order laws were introduced (introducing ASBOs), the prison population rose steeply and a series of new anti-terrorism laws were passed. This also led to allegations that New Labour had endangered a range of vital civil liberties. Labours historical core vote (industrial working class union members) has also been shrinking since 1970s. The unions helped create the Labour Party. Blair has cast aside tradition in the quest for votes. Traditional blue collar union membership has declined since 1970s, whilst professional white collar unions have grown. Labour now needed to attract more funding from rich donors. This has often led to accusations of corruption. Public perception of unions in 1980s was negative. Union activity seen as militant by many. In 1997 it was revealed that Bernie Ecclestone had loaned Labour à £1m. It was believed that he had done so to ensure that a future Labour government would not ban tobacco sponsorship of Formula 1 racing. In 2002, Indian steel tycoon, Lakshmi Mittal gave Labour à £125,000, it was thought, in return for Tony Blairs help in buying a Romanian steel company. From 2005-07 a criminal investigation probes whether à £14m of loans to Labour were given by wealthy businessmen in return for peerages (seats in the House of Lords) Even now there is huge disagreement over where Labour stands ideologically, despite the insistence of both Blair and Brown that the emphasis has always been upon the restoration of traditional Labour values of fairness, justice and social inclusion. There had been an earlier attempt to update Labours ideology while in opposition in the 1950s, which had focused very heavily upon the need to bring about greater equality of outcome through the tax and benefit system. In conclusion, there is little agreement over the extent to, and even the ways in which Labour has changed. New Labour could be seen as bringing socialism up to date the values havent changed (social justice, equality of opportunity, community, partnership, rights); instead, its policies acknowledge that society has changed. New Labour is thus in the tradition of democratic socialism, but with a much reduced stress on unions, public ownership, state provision, and even redistribution. Alternatively New Labour could be seen as a radical transformation, from democratic socialism to social democracy.
Wednesday, September 4, 2019
The Death Penalty :: Cause and Effect Capital Punishment
à à à à à Valuable insight can be gained by understanding how the death penalty evolved and by understanding why many countries have abandoned capital punishment, while others still retain it. à à à à à Historically the death penalty has been around a long time. Many countries including the United States have some kind of death sentencing. From around the sixteen hundreds is when the death penalty started to take place. The first man to be killed by the penalty was Daniel Frank, put to death in 1622 for some crime of theft. Since then the death penalty has almost always been a feature of the criminal justice system. Many states after a while outlawed the death penalty. To this day only a few remain outlawed but most have some kind of death sentencing. à à à à à One cause of having the death penalty would be regarding legal issues. Many people know that if you break a law by means of stealing or killing you will be punished. In most countries that have capital punishment, it is used to punish only murder or war-related crimes. In some countries, like the People's Republic of China, some non-violent crimes, like drug and business related crimes, are punishable by death. In the eighteenth century, England would punish by death for pick pocketing and petty theft. And in other countries you even got your hand cut off. People steal from others everyday and the only way to reduce the number of people who steal is to set a law stating its consequences. If we did not have laws set forth for shop lifting, robbing banks, or killing someone then if no one got a consequence then it many crimes would take place each day. Many people do not steal because the fear of going to jail or having to pay large fines. Also if we didnââ¬â¢t h ave a law keeping people from killing others then many people would kill when ever and what ever they want. The Death Penalty :: Cause and Effect Capital Punishment à à à à à Valuable insight can be gained by understanding how the death penalty evolved and by understanding why many countries have abandoned capital punishment, while others still retain it. à à à à à Historically the death penalty has been around a long time. Many countries including the United States have some kind of death sentencing. From around the sixteen hundreds is when the death penalty started to take place. The first man to be killed by the penalty was Daniel Frank, put to death in 1622 for some crime of theft. Since then the death penalty has almost always been a feature of the criminal justice system. Many states after a while outlawed the death penalty. To this day only a few remain outlawed but most have some kind of death sentencing. à à à à à One cause of having the death penalty would be regarding legal issues. Many people know that if you break a law by means of stealing or killing you will be punished. In most countries that have capital punishment, it is used to punish only murder or war-related crimes. In some countries, like the People's Republic of China, some non-violent crimes, like drug and business related crimes, are punishable by death. In the eighteenth century, England would punish by death for pick pocketing and petty theft. And in other countries you even got your hand cut off. People steal from others everyday and the only way to reduce the number of people who steal is to set a law stating its consequences. If we did not have laws set forth for shop lifting, robbing banks, or killing someone then if no one got a consequence then it many crimes would take place each day. Many people do not steal because the fear of going to jail or having to pay large fines. Also if we didnââ¬â¢t h ave a law keeping people from killing others then many people would kill when ever and what ever they want.
Tuesday, September 3, 2019
The Catcher In The Rye :: essays research papers
The Catcher in the Rye By J.D. Salinger The Catcher in the Rye was an interesting and controversial book. I chose to read the book because of the negative status it has with parents, teachers, and school. I wanted to discover what the roots of this controversy are. à à à à à The main character who narrates throughout the book, Holden Caulfield, tells about his life before and after he is kicked from Pencey Prep. At Pencey, the only subject he got a decent grade in was English, all others he failed and didnââ¬â¢t show up to regularly. The meat of the book consists mainly of what Holden does and thinks after he leaves Pencey. His internal conflict after leaving is what his parents will think when they find out he had been kicked from another college. The title of the book portrays the best idea of what Holden wants to do with his life. He imagines a group of children playing in a rye field thatââ¬â¢s adjacent to a cliff. He described himself to his sister as the person that would catch the kids if they ever got near the edge. à à à à à This book was truly enjoyable to read, to see Holdenââ¬â¢s strange and peculiar outlook on life. He had very distinct things that he hated and liked. For example, the only kind of books he enjoyed were books written by his brother, who wrote short stories. In many parts of the book, he is remembering a girl he once went out with or liked at one time. In one instance he called a girl he had the number of in the middle of the night from a drab hotel room. I think he did this solely to hear a girlââ¬â¢s voice. à à à à à The controversy that has arisen from this book also became clear after reading it. Holden has an overall negative attitude about everything and the way he lives his life. Also, his being kicked from colleges numerous times doesnââ¬â¢t set a good example either. à à à à à This novel by J.D. Salinger about a troubled teen is one thatââ¬â¢s controversial and fun to read at the same time.
Monday, September 2, 2019
Time Management Strategies Essay -- Time Management Skills
Time Management Strategies Time management has been one of the greatest hurdles of my scholastic career. Sadly it improves gradually. Procrastination was the name of the game for me for a while. Needless to say, I had poor time management skills. I would often wonder why I would let myself do this almost every time I had to do something. I didnââ¬â¢t like the trend I was in and I needed another way to get things done. Then I realized that being a procrastinator only hindered my potential of becoming the student I knew I could be. So with a little more discipline I am able to do my work to the best of my ability. I have taken some classes in the past that dealt with this subject. So all the tricks of the trade were imprinted into my brain. The tough thing was to put that knowledge to use. In this paper I want to find some more interesting things about time management and bring them to the forefront. Iââ¬â¢ll begin with some obvious solutions to time management. First off I am going to name the most used solution, make a plan. When you plan out what your going to do, how your going to do it, and when your going to do each step of it, things become much easier to accomplish. Planning is essential to a productive workday or a completed job. Planning begins right away. When you get your assignment or job to do. You must plan how you are going to make time to accomplish this job. Secondly you should reduce distractions. Distractions can range from telephones, computers, internet, anything on your desk, television, basically anything that will take your attention away from your work. Writing a paper on your computer is an easy way to distract yourself from your work. Although you canââ¬â¢t eliminate all distractions, you can train yourself... ... assist myself in becoming a more organized person I can be. I am glad that I had the opportunity to research this topic and will strive to be less of a procrastinator. References 1. Ward, Susan (n.d.), 11 Time Management Tips Part 1: Coming To Grips With The Time Management Myth,http://sbinfocanada.about.com/cs/timemanagement/a/timemgttips.htm 2. (n.a.) (n.d.) Time Management for High School Students http://www.collegeboard.com/student/plan/collegesuccess/116.html 3. Myers, Barbara, 2003-2007, 10 easy time management tips http://www.ineedmoretime.com/timetips.htm 4. Pausch, Randy, Carnegie Mellon University, (n.d.) Time Management, http://www.alice.org/Randy/timetalk.htm#Introduction 5. Casey, John, reviewed by Chang, Louise, MD (n.d.) 6 Tips for better Time Management http://www.webmd.com/balance/guide/6-tips-for-better-time-management
Sunday, September 1, 2019
Integrating Internet-based mathematical manipulatives within Essay
Integrating Internet-based Mathematical Manipulatives Within a Learning Environment The article explores the development, use and importance of digital manipulatives in a mathematics classroom. These manipulatives are believed to be more versatile, economic and efficient than either the manufactured or teacher-created concrete objects traditionally used in the classroom. Manipulatives have been used from time immemorial and have provided tangible mental picture of abstract mathematical concepts. The digitalization of these manipulatives is an important progress in this process. However, the presumption that the article makes about the efficacy of manipulatives in teaching children along with the supposed teaching potential of the manipulatives is doubtful and smells of commercial publicity. There are several advantages that manipulatives are purported to provide. They concretize theoretical ideas, make the study concrete, build confidence in the learner, help solve problems and make the learning experience interesting. What the paper presupposes is that only the using of digital manipulatives is sufficient to bring each of these advantages. This is not supported by evidence. Let us consider the claim that manipulatives build confidence, if a section of the students is less familiar with web based technology than other students in the class, they are likely to lose confidence-using manipulatives. This may adversely affect their learning of math concepts and unnecessarily handicap them. The paper places some conditions that must be fulfilled to realize the full potential of manipulatives. For instance the parents must experience the system, manipulatives should be used for writing assignment, teacher pronounces the benefits to the students, ground rules are established and students are encouraged to explore more material on the web. If manipulatives are used as prescribed they can improve the understanding of more complex and more advanced math theories. These conditions are impractical. What happens if the parents are unfamiliar with the web? Does it put their children at a disadvantage? A teacher pronounces the benefits of manipulatives to children. This is a straw man. If a teacher uses manipulatives she automatically supports the method, there is no need to sermonize it. A child being encouraged to explore more material on the web is an issue that is not related directly to manipulatives. This opens up a host of debatable issues including the exposure of children to unsuitable material. Digital manipulatives can be downloaded and installed on school computers or distributed to children on CDs to be viewed in their homes. The issue of encouraging children to explore the web is not directly related to manipulatives. Further there is no teacher to guide the children in case of glitches. See what the instructions of a manipulative say. (Public Broadcasting Service, 2006). Familiarize yourself with the rules of this fraction game and have fun creating flag designs with the designated fractions. You can choose to paint by half, quarters, and combinations of quarters and halves and then the program will pick colors for you to paint your design by clicking in the flag. One drawback is that there is no help provided if the fraction portions are incorrect, you can only advance if you have painted to correct fractions. A research that comprised of a survey tested the proficiency development potential of manipulatives in math teaching. The basics tested in the survey were motivation, unique instructional capabilities, and support for new instructional approaches, increased teacher productivity and skills for an information age. Eleven teachers were surveyed using a five-point scale. The results were mixed. The results showed that the teachers felt that the use of digital manipulatives had a high positive impact on motivation, that the digital manipulatives had exceptional instructional capabilities, that the web based manipulatives supported new instructional approaches and that the web based manipulatives provided excellent training for an information age. What the teachers did not agree was that the web-based technology increased their productivity. In addition, the teacher showed apprehension about some issues like their inability to track the progress of the student, tricky web sites, ambiguous instructions and lack of direct feedback. This research is not valid. It does not clarify which constructs it attempts to measure. It does not give the process by which it selected the five variables. In addition, the sample size of eleven teachers is too small to reach any meaningful conclusion. Again, the study does not mention basis or the criteria for the selection of the eleven teachers. The study does not give us the details of how the survey scale was constructed. Was there a pilot test? It seems not. The direct conclusion of the research was that virtual manipulatives encouraged student-oriented erudition. The study assumed that the responses of the 11 teachers were indicative of the affect of the digital manipulatives on children. This is questionable. The background of the teachers is not given. Which type of schools they taught in? What physical manipulatives were the teachers using currently? The teachers were ambivalent as to whether digital manipulatives were better than concrete manipulatives and whether teachers were willing to replace concrete manipulatives entirely with digital manipulatives. The teachers have expressed reservations about their inability to track the progress of the student, ambiguous instructions and lack of feedback. If these concerns are addressed satisfactorily it is doubtful if digital manipulatives will remain student centric. In addition, the paper does not define what it means by ââ¬Ëstudent centricââ¬â¢. Currently the digital manipulatives that are available on the net offer innovative, interesting and concrete learning opportunities of otherwise nonrepresentational math theories. The end result is that children manage to learn math concepts that were earlier believed to be too advanced for them. These are believed to increase theoretical learning, deeper understanding of dynamic systems, calculation, communication and innovation in thinking. The paper presupposes that the use of the new technology alone is sufficient for enhanced learning of complicated theories. This is not supported by evidence. The learning experience is a function of the power of understanding of the student, the effort he puts in to comprehend and his analytical skills. In addition, learning is facilitated by teacher inputs and guidance. Digital manipulatives cannot replace teacher inputs nor can they substitute student aptitude and effort. Attributing learning achievements to a learning tool is a lopsided opinion inspired by the sales propaganda of digital manipulatives software developers. In sum, the paper eulogizes the benefits of web-based manipulatives for math learning. These manipulatives are claimed to increase childrenââ¬â¢s understanding of advanced theories and increase the attractiveness of these theories. These web-based manipulatives are declared to focus on the learner and make an optimal use of web-based technology for visualizing intangible concepts. References: Public Broadcasting Service (2006). PBS Teacher Source: Fraction Flags. Retrieved from http://www. pbs. org/teachersource/recommended/math/lk_onlinegames. shtm on August 19, 2006.
India Child marriage
Child marriage in India From Wikipedia, the free encyclopedia Jump to: navigation, search Small child brides in India Child marriage is a common practice in many countries around the world, however it is especially prevalent in India, where more than one third of all child brides live. [1] According to UNICEF, 47% of girls are married by 18 years of age, and 18% are married by 15 years of age. [2] These marriages are often performed without the consent of the girls involved in the marriage. Indian law has made child marriage illegal, but it is still widely practiced across the nation.The highest rates are seen particularly in the rural states of Andhra Pradesh, Bihar, Madhya Pradesh, Rajasthan, and Uttar Pradesh. [3] It affects both boys and girls, but statistics show that girls are far more likely to be forced into a child marriage than boys; however the percentage of girls forced into child marriage in India has declined in recent years. Many consider child marriage to be a human r ights violation, resulting in death, health problems, poverty, violence, and lack of education. Contents Definitions of child marriageUNICEF defines child marriage as a formal marriage or union before 18 years of age. [4] UN Women defines child marriage as a forced marriage before 18 years of age because they believe children under age 18 are incapable of giving their consent. [5] History of child marriage Political turmoil Child marriage, also known as Bal Vivaha, is believed to have begun during the medieval ages of India. At this time, the political atmosphere was turbulent and ruled by Delhi Sultans in an absolute monarchy government.The sultans had an extreme commitment to their religion and forced many to convert, causing socio-cultural unrest, and Hindu women suffered the most. These days of the Delhi Sultans produced practices such as child marriage and lowered the status of women even further. They invented the ill omen of giving birth to a female baby and believed that you ng unmarried girls caused disaster. Child marriage became a widespread cultural practice with various reasons to justify it, and many marriages were performed while the girl was still an infant. [6] Military alliancesIndian feudalistic society became present, where characteristics such as honor, rivalry, and animosity were important qualities to possess, and because of this, families and kingdoms created strong military alliances to preserve or destroy power between them. To ensure the alliance was upheld by both sides, each family exchanged a young member of their household who was reared and educated at the other family's estate. The children were the assurance that the alliance between the families was honored, but in case it wasn't enough, the families made a marriage arrangement to deepen the alliance even further.They believed the marriage wouldn't work if they waited for the young children to grow up because they could possibly pick someone outside of the alliance. If they pe rformed the marriage while the children were still young and susceptible to their parents' influence, the children would have no choice but to marry who their parents chose to strengthen the alliance. [7] The caste system The caste system is also believed to have contributed to the growth of child marriage. Castes, which are based on birth and heredity, do not allow two people to marry if they are from different castes.This system was threatened by young people's emotions and desires to marry outside their caste, so out of necessity, child marriage was created to ensure the caste system continued. [8] Laws against child marriage The Child Marriage Restraint Act of 1929 The Child Marriage Restraint Act, also called the Sarda Act,[9] was a law to restrict the practice of child marriage. It was enacted on April 1, 1930, extended across the whole nation, with the exceptions of the states of Jammu and Kashmir, and applied to every Indian citizen.Its goal was to eliminate the dangers plac ed on young girls who could not handle the stress of married life and avoid early deaths. This Act defined a male child as 21 years or younger, a female child as 18 years or younger, and a minor as a child of either sex 18 years or younger. The punishment for a male between 18 and 21 years marrying a child became imprisonment of up to 15 days, a fine of 1,000 rupees, or both. The punishment for a male above 21 years of age became imprisonment of up to three months and a possible fine.The punishment for anyone who performed or directed a child marriage ceremony became imprisonment of up to three months and a possible fine, unless he could prove the marriage he performed was not a child marriage. The punishment for a parent or guardian of a child taking place in the marriage became imprisonment of up to three months or a possible fine. [10] It was amended in 1940 and 1978 to continue raising the ages of male and female children. [11] The Prohibition of Child Marriage Act, 2006Coming i nto effect on November 1, 2007, the Prohibition of Child Marriage Act (PCMA) was put into place to address and fix the shortcomings of the Child Marriage Restraint Act. [12] The change in name was meant to reflect the prevention and prohibition of child marriage, rather than restraining it. [13][14] The previous Act also made it difficult and time consuming to act against child marriages and did not focus on authorities as possible figures for preventing the marriages. [15] This Act kept the ages of adult males and females the same but made some significant changes to further protect the children.Boys and girls forced into child marriages as minors have the option of voiding their marriage up to two years after reaching adulthood, and in certain circumstances, marriages of minors can be null and void before they reach adulthood. All valuables, money, and gifts must be returned if the marriage is nullified, and the girl must be provided with a place of residency until she marries or becomes an adult. Children born from child marriages are considered legitimate, and the courts are expected to give parental custody with the children's best interests in mind.Any male over 18 years of age who enters into a marriage with a minor or anyone who directs or conducts a child marriage ceremony can be punished with up to two years of imprisonment or a fine. [16] ââ¬â Latest Judgment Under Prohibition of Child Marriage Act, 2006 ââ¬â It has been held by the Delhi High Court that Prohibition of Child Marriage Act, 2006 overrides all personal laws and governs each and every citizen of Indiaââ¬â 2012 [Volume No. 3] JCC [Journal of Criminal Cases] Page No. 148 ââ¬â IN The High Court of Delhi ââ¬â Honââ¬â¢ble The Acting Chief Justice ; Honââ¬â¢ble Mr. Justice Sanjiv Khanna ; Honââ¬â¢ble Mr. Justice V. K. Shali ââ¬â Date of Judgment ââ¬â 27th July, 2012 ââ¬â Court on Its Own Motion [Lajja Devi] Vs. State ââ¬â W. P. [Crl. ] No. 338 of 2 008 ââ¬â Smt. Laxmi Devi & Anr. Vs. State [GNCT of Delhi] & Others ââ¬â Cril. M. C. No. 100/2011 and Crl. M. A. No. 3737 of 2011 ââ¬â Maha Dev Vs. State [GNCT of Delhi] & Anr. ââ¬â W. P. [Crl. ] No. 821 of 2008 and Crl. M. A. No. 8765 of 2008 ââ¬â Devender @ Babli Vs. State [GNCT of Delhi] & Anr. ââ¬â W. P. [Crl. ] No. 66 of 2010 ââ¬â Hindu Marriage Act, 1955 and Prohibition of Child Marriage Act, 2006 ââ¬â section 2[a] ââ¬â Issue for Consideration ââ¬â [i] What is the status of marriage under the Hindu Law when one of the parties to the marriage is below the age of 18 years prescribed under Section 5 [iii] of the Hindu Marriage Act, 1955 and Section 2 [a] of the Prohibition of Child Marriage Act, 2006, and [ii] When the girl is minor [but the boy has attained the age of marriage as prescribed] whether the husband can be regarded as the lawful guardian of the minor wife and claim her custody in spite of contest and claim by the parents of the girl ââ¬â what is the effect of Prohibition of Child Marriage Act, 2006. ââ¬â Held: ââ¬â The object behind enacting the Prohibition of Child Marriage Act, 2006 was to curb the menace of Child Marriage, which is still prevalent in this country and is most common in rural areas ââ¬â Child Marriage is such a social evil which has the potentialities of dangers to the life and health of a female child and plays havoc in their lives, who cannot withstand the stress and strains of married life and it leads to early deaths of such minor mothers ââ¬â It also reflects the chauvinistic attribute of the Indian Society- Even after the passing of the new Act i. e. ââ¬â Prohibition of Child Marriage Act, 2006, certain loopholes still remain, the legislations are weak as they do not actually prohibit child marriage . It can be said that though the practice of child marriage has been discouraged by the legislations but it has not been completely banned ââ¬â Having regard to the legal/statutory position that stands as of now leaves us to answer first part of question No. by concluding that the marriage contracted with a female of less than 18 years of a male of less than 21 years of age would not be a void marriage but voidable one, which would become valid if no steps are taken by such court has option[s] to order otherwise [Paras 1,25,26,35,40] ââ¬â Prohibition of Child Marriage Act, 2006 ââ¬â Section 3 ââ¬â The girl, if mature, cannot and should be denied her freedom and other wishes should not get negated as of she has no voice and her wishes are of no consequences ââ¬â The Court while deciding, should also keep in mind that such marriages are voidable and the girl has the right to approach the Court under Section 3 of the Prohibition of Child Marriage Act, 2006 to get the marriage declared void till she attains the age of 20 years. Para 48 ] ââ¬â Indian Penal Code, 1860 ââ¬â Section 375 & 376 ââ¬â In case the girl is below 16 years, the answer is obvious that the consent does not matter ââ¬â Offence under Section 376 Indian Penal Code is made out ââ¬â The charge sheet cannot be quashed on the ground that she was a consenting party ââ¬â However, there can be special or exceptional circumstances which may require consideration, in cases where the girl even after attaining majority affirms and reiterates her consent. [Para 49] ââ¬â Indian Penal Code, 1860 ââ¬â section 375 ââ¬â Consummation, with the wife below the age of 15 years of age, is an offence under Section 375 ââ¬â No exception can be made to the said constitutional mandate and the same has to be strictly and diligently enforce ââ¬â Consent is such case is completely impartial, for consent at such a young age is difficult to conceive and accept ââ¬â It makes no difference whether the girl is married or not ââ¬â Personal law applicable to the parties is also immaterial. Para 50 ] ââ¬â Indian Penal code, 1860 ââ¬â Section 375 & 376 ââ¬â Prohibition of Child Marriage Act, 2006 ââ¬â Section 3 ââ¬â If the girl is more than 16 years, and the girl makes a statement that she went with her consent and that statement and consent is without any force, coercion or undue influence, the statement could be accepted and the court will be within its power to quash the proceedings under Sections 363 or 376 Indian Penal Code, 1860 ââ¬â Here again no straight jacket formulae can be applied ââ¬â The court has to be cautious, for the girl has right to get marriage nullified under Section 3 of the Prohibition of Child Marriage Act, 2006 ââ¬â Attending circumstances including the maturity and understanding of the girl, social background of girl, age of the girl and boy etc. have to be taken into consideration. [Para 51] ââ¬â Indian Penal Code, 1860 ââ¬â Section 363/366/376/465/467/494/497/120-B/506 Indian Penal Code ââ¬â Prohibition of Child Marriage Act, 20 06- Section 3 ââ¬â Code of Criminal Procedure, 1973 ââ¬â Section 482 ââ¬â As per the ossification test, the girl/petitioner No. 1 was found between 17-19 years of age ââ¬â As per the school leaving certificate, she was 17 years of age on the date when the parties solemnised marriage ââ¬â Since she has given the statement that she married of her own accord to the petitioner no. and was more than 16 years of age, FIR under sections 363/366/376/465/467/494/497/120-B/506 Indian Penal Code registered against the petitioner no. 2 is quashed. ââ¬â Marriage and Guardianship ââ¬â In this writ petition, the question is only of validity of marriage and guardianship ââ¬â Even if the age of the girl is taken as 15 years of age at the time of incident i. e. ââ¬â 27. 10. 2006, she would be 21 years of age as of now ââ¬â she has not filed any proceedings for declaring the marriage as void. Therefore, the marriage becomes valid now ââ¬â The question of gua rdianship does not arise at this stage as she is major and during the period she was minor she resided at Nirmal Chhaya- Thus, the writ petition is disposed of in the above said terms. ââ¬â Held: ââ¬â As per the facts noted in Para 10 above, Shivani @ Deepika at the time of her marriage was less than 16 years of age, her date of birth being 3. 6. 1994 ââ¬â It was directed that she would remain at Nirmal Chhaya ââ¬â However, as the per the aforesaid date of birth i. e. ââ¬â 3. 6. 1994, she has attained majority on 3. 6. 2012 ââ¬â The petition was filed by Sh. Devender Kumar who married her habeas corpus was claiming her custody. She has attained majority, she is free to go anywhere ââ¬â with these directions, this petition stands disposed of. [Para 56,57 & 58] ââ¬â Child Marriage Restraint Act, 1929 which now stands repealed by Prohibition of Child Marriage Act, 2006. Para 16] ââ¬â Thus, irrespective of personal laws under Act child marriages are p rohibited. ââ¬â By declaring that the Prohibition of Child Marriage Act, 2006 shall apply to all citizens, the parliament has intended to allow the Prohibition of Child Marriage Act, 2006 to override the provisions of Hindu Marriage Act to the extent of inconsistencies between these two enactments. Similarly, Prohibition of Child Marriage Act, 2006 will override the personal law. [Para 20] ââ¬â Thus, the Prohibition of Child Marriage Act, 2006, being a special law, will have overriding effect over the Hindu Marriage Act, 1955 to the extent of any inconsistency between the two enactments.For this reason, the court took the view that Section 3 of Prohibition of Child Marriage Act, 2006 would have overriding effect over the Hindu Marriage Act and the marriage with a minor child would not be valid but voidable and would become valid if within two years from the date of attaining 18 years in the case of female and 21 years in the case of male, a petition is not filed before the D istrict Court under section 3 [1] of the Prohibition of Child Marriage Act, 2006 for annulling the marriage. Similarly, after attaining eighteen years of age in the case of female, or twenty one years of age in the case of a male, the marriage shall become a full-fledged valid marriage. Until such an event of acceptance of the marriage or lapse of limitation period, the marriage shall continue to remain as a voidable marriage. Para 21] ââ¬â If the marriage is annulled as per Section 3[1] of the Prohibition of Child Marriage Act, 2006, the same shall take effect from the date of marriage and, in such an event, in the eye of law there shall be no marriage at all between the parties at any point of time. [Para 22] ââ¬â Stronger punishments for offences under Prohibition of Child Marriage Act, 2006 have been prescribed and that the offences have also been made cognizable and non-bailable but, this does not in any event have any impact on the validity of the child marriage. â⬠â It has made a specific provision for void marriages under certain circumstances but did not render all child marriages void. [Para 23] ââ¬â Prohibition of Child Marriage Act, 2006 as noticed above is a secular law and is a latter enactment, which specifically deals with the problem of child marriages. Religion of the contracting party does not matter.Prohibition of Child Marriage Act, 2006 being a ââ¬Å"Special Actâ⬠and being a subsequent legislation, to this extent and in case there is any conflict, will override the provisions of Hindu marriage Act or for that matter nay personal law. [Para 30] ââ¬â Registration of marriage has still not been made compulsory. Compulsory registration mandates that the age of the girl and the boy getting married have to be mentioned. If implemented properly, it would discourage parents from marrying off their minor children since a written document of their ages would prove the illegality of such marriages. This would probably be able to tackle the sensitive issue of minor marriages upheld by personal laws. Para 38] ââ¬â- The marriage contracted with a female of less than 18 years or a male of less than 21 years would not be a void marriage but voidable one, which would become valid if no steps are taken by such ââ¬Å"Childâ⬠within the meaning of Section 2[a] of the Prohibition of Child Marriage Act, 2006 under Section 3 of the said Act seeking declaration of this marriage as void. [Para 40]. CEDAW The Convention on the Elimination of All Forms of Discrimination Against Women, commonly known as CEDAW, is an international bill attempting to end discrimination against women. Article 16, Marriage and Family Life, states that all women, as well as men, have the right to choose their spouse, to have the same responsibilities, and to decide on how many children and the spacing between them. This convention states that child marriage should not have a legal effect, all action must be taken to enforce a m inimum age, and that all marriages must be put into an official registry. 17] India signed the convention on July 30, 1980 but made the declaration that, because of the nation's size and amount of people, it's impractical to have a registration of marriages. [18] Why parents choose child marriage Parents of a child entering into a child marriage are often poor and use the marriage as a way to make her future better, especially in areas with little economic opportunities. During times of war, parents will often marry off their young child to protect her from the conflicts raging around her. Some families still use child marriage to build alliances, as they did during the medieval ages. Statistically, a girl in a child marriage has less of a chance to go to school, and parents think education will undermine her ability to be a traditional wife and mother.Virginity is an important part of Indian culture, and parents want to ensure their daughters do not have pre-marital sex, and child marriage is an easy way to fix this. [19] Consequences of child marriage Early maternal deaths Roza Olyai, an Indian gynecologist and the National Chairperson for the Adolescent Health Committee of the Federation of the Obstetric and Gynecological Societies of India said, ââ¬Å"Early marriage has many medical risks. The reproductive organs are not fully developed. The body is not ready. Teenage mothers, especially those below 18 years, risk hypertensive disorder, eclampsia, pre-eclampsia, and post-partum hemorrhage. ââ¬Å"[20]Girls who marry earlier in life are less likely to be informed about reproductive issues,[21] and because of this, pregnancy-related deaths are known to be the leading cause of mortality among married girls between 15 and 19 years of age. [22] These girls are twice more likely to die in childbirth than girls between 20 and 24 years of age. [23] Girls younger than 15 years of age are 5 times more likely to die in childbirth. [24][25] HIV and AIDS Girls enterin g into a child marriage are sometimes significantly younger than their husbands, who can be more sexually experienced. Marrying young and being sexually active can increase a girl's chance of becoming HIV-positive by more than 75%. [26] Infant healthInfants born to mothers under the age of 18 are 60% more likely to die in their first year than to mothers over the age of 19. If the children survive, they are more likely to suffer from low birth weight, malnutrition, and late physical and cognitive development. [27][28] Fertility outcomes A study conducted in India by the International Institute for Population Sciences and Macro International in 2005 and 2006 showed high fertility, low fertility control, and poor fertility outcomes data within child marriages. 90. 8% of young married women reported no use of a contraceptive prior to having their first child. 23. 9% reported having a child within the first year of marriage. 17. % reported having three or more children over the course o f the marriage. 23% reported a rapid repeat childbirth, and 15. 2% reported an unwanted pregnancy. 15. 3% reported a pregnancy termination (stillbirths, miscarriages or abortions). [29] Fertility rates are higher in slums than in urban areas. [30] Lack of education and poverty Marrying young is often associated with a lack of education and higher rates of poverty. Because of household responsibilities, pregnancy, and child rearing, young girls do not have access to schooling and income opportunities. [31] Violence Young girls in a child marriage are more likely to experience domestic violence in their marriages as opposed to older women.A study conducted in India by the International Center for Research on Women showed that girls married before 18 years of age are twice as likely to be beaten, slapped, or threatened by their husbands[32] and three times more likely to experience sexual violence. [33] Young brides often show symptoms of sexual abuse and post-traumatic stress. [34] Pr evention programs in India Apni Beti, Apna Dhan (ABAD), which translates to ââ¬Å"Our Daughter, Our Wealth,â⬠is one of India's first conditional cash transfer programs dedicated to delaying young marriages across the nation. In 1994, the Indian government implemented this program in the state of Haryana.On the birth of a mother's first, second, or third child, they are set to receive 500 rupees, or 11 USD, within the first 15 days to cover their post-delivery needs. Along with this, the government gives 2,500 rupees, or 55 USD, to invest in a long-term savings bond in the daughter's name, which can be later cashed for 25,000 rupees, or 550 USD, after her 18 birthday. She can only receive the money if she is not married. Anju Malhotra, an expert on child marriage and adolescent girls said of this program, ââ¬Å"No other conditional cash transfer has this focus of delaying marriageâ⬠¦ It's an incentive to encourage parents to value their daughters. ââ¬Å"[35]The Internati onal Center for Research on Women will evaluate Apni Beti, Apna Dhan over the course of the year 2012, when the program's initial participants turn 18, to see if the program, particularly the cash incentive, has motivated parents to delay their daughters' marriages. ââ¬Å"We have evidence that conditional cash transfer programs are very effective in keeping girls in school and getting them immunized, but we donââ¬â¢t yet have proof that this strategy works for preventing marriage,â⬠said Pranita Achyut, the program manager for Apni Beti, Apna Dhan. ââ¬Å"If Haryana stateââ¬â¢s approach proves to be valuable, it could potentially be scaled up to make a significant difference in many more girlsââ¬â¢ lives ââ¬â and not only in India. â⬠[36]
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