The Constitutions of The World

In Constitutional Identity, G. J. Jacobsohn classifies the constitutions of the world into two categories. The first category is of transformative constitutions and the second category is of preservative constitutions. While a transformative or ‘militant' constitution seeks to change the prevailing social structure, a preservative or ‘acquiescent' constitution seeks to maintain the status quo. Using Jacobsohn's classification, the Constitution of India would clearly be placed under the transformative category. This is due to the fact that the intention of the Parliament while drafting the Constitution was to bring about ‘social revolution' in the country. This claim is further substantiated by the deliberate omission of any allusion to the law on family. It was intended that matters related to family would be the domain of state to facilitate reform in the law. Thus, most changes in laws governing family, flow from the state in the form of amendments and statutes, which are enacted to transform the society into one with more progressive values. An eminent example is the Hindu Marriage Act, 1955, which converted Hindu Marriage from ‘sacrament' to a ‘contract'. Nonetheless, reform needs to take place with regard to the prevailing values in society and make allowance for the demands of several cultures in a diverse country like India. In pursuance of the same, Article 44 which was the demand to evolve a Uniform Civil Code, to govern the personal laws of every religion, was placed in the Constitution as a Directive Principle of State Policy. These Directive Principles are goals that the government should keep in mind while it formulates policy. Article 44 reads: â€Å"The state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India†However, courts too have played an important role in governing society through family. Apart from upholding the law, they have also tackled grey areas, resolved conflicting situations through reconciliation of different statues on the same subject and filled the lacunae. Illegalization of unlimited polygamy for Hindus, thus was, an important example of the positive influence of courts. This was taken further when conversion for the purpose of committing bigamy was also illegalized in Sarla Mudgal v. Union of India (hereinafter, ‘Sarla Mudgal') and later upheld in Lily Thomas v. Union of India (hereinafter, ‘Lily Thomas').The Sarla Mudgal CaseThe petitioner in this case was married for some year with three children from the wedding when she found out that her husband had contracted a second marriage with another woman, after converting to Islam. Her husband converted for the sole purpose of contracting a second marriage and ensuring that the provisions of Section 494 of the Indian Penal Code were not attracted. He argued, however, that Islam allowed for limited polygamy – four wives – thus, he could marry a second time even though his first wife remained a Hindu. The court held that marriage under the personal laws of one religion (here Hinduism) could not be taken to court for dissolution under the law of another different religion (here Islam) even if one of the parties embraced another different religion. This is because such a rule would violate the rights of the first spouse. However, the second marriage would be void because this very reason – that the first marriage subsisted, even after conversion of the spouse.Facts of the Lily Thomas CaseThe Writ Petition was filed by Smt. Sushmita Ghosh who had married Shri G. C. Ghosh in 1984 in accordance with Hindu rites. G. C. Ghosh had converted to Islam in 1992 and informed his wife of the change in religion. He stated that he wanted to marry Miss Vanita Gupta and so she should agree to a divorce by mutual consent. Change in religion is an accepted ground for divorce under section 13 of the Hindu Marriage Act, 1955. Smt. Sushmita Ghosh did not want a divorce and got in touch with her aunt and her father to intervene on her behalf. She, her father and her relative tried to persuade her husband to not go for a divorce. However, his decision remained unchanged. He stated that his wife could either divorce by mutual consent, or she would have to put up with his second wife, Ms. Vanita Gupta. Smt. Sushmita Ghosh was thus left with no alternative but to approach the courts.PETITIONER'S ARGUMENTSConversion Not Due To FaithThe first point raised by the petitioner, Smt. Sushmita Ghosh is that her husband, Shri G. C. Ghosh, had not converted to Islam a matter of faith, but had done so solely for the purpose of taking in a second wife. While unlimited polygamy was allowed for Hindus, prior to the enactment of the Hindu Marriage Act, it was abolished post 1955. However, limited polygamy is still allowed for the male followers of Islam in India and they can have up to four wives. Thus, it had become commonplace for many male members of the Hindu faith to convert to Islam for the purpose of marrying a second woman, divorcing their first wife and then re-converting back to Hinduism. The re-conversion was to ensure that property interests were not harmed. The petitioner proved this by referring to, firstly, a birth certificate of a son born to G. C. Ghosh from his second wife, wherein, his name appears as â€Å"G. C. Ghosh† and his religion is stated to be â€Å"Hindu†. Moreover, the mother's (his second wife) name appears as â€Å"Vanita Ghosh† and she too is a â€Å"Hindu†, according to the birth certificate. Secondly, the electoral roll of the constituency indicates the same, as does the respondent's visa to Bangladesh. In fact, he signed the marriage certificate issued by Mufti Mohd. Tayyeb Qasmi, is signed by him as â€Å"G. C. Ghosh†.Removal of Burden of ProofThe second contention raised was that since the judgment in Sarla Mudgal validated their case, conviction should take place without any need for proof. However, it was held that the conviction could not be made certain based on only a statement of admission made outside the court. This was because the provisions of the Indian Penal Code demanded that proof of not only the first marriage, but also the second marriage. This is still a legal obligation and admission of the marriage by the person being accused of bigamy, is not enough to constitute the requirement. The matrimonial ceremonies needed to be shown.RESPONDENT'S ARGUMENTSDifference with regard to Sarla Mudgal – Article 20(1)It was contended that the law propounded in Sarla Mudgal, would not be applicable to the present case as that case was not related to people whose marriages were solemnized before the judgment pronouncing them void was passed. Even though these marriages would be violative of the law, there could be no retrospective application. The court however, rejected this argument. It said that no new law had been introduced, but the old, existing provisions of the governing statute had been interpreted. It is a rule of law that the interpretation of a provision goes back to the date of that provision and is not, in its nature, prospective. Thus, the second marriage would be declared void and article 21 of the Constitution which states that â€Å"no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence†, would not be affected. Violation of Article 21 and 25The other contention raised by the counsel was that the Sarla Mudgal judgement would be violative of Articles 21 and 25 of the Indian Constitution. In the case of Article 21 which states that â€Å"no person will be deprived of life or liberty except according to the procedure established by law†, the court said that this contention was misconceived. Thus, it would be premature to say that the judgement will result in deprivation of the life or liberty of either of the parties because the Sarla Mudgal judgement neither created a new law, nor changed the procedure for the prosecution.Another contention raised by the respondent was that the judgement would violate Article 25 of the Constitution, which guaranteed the right to freedom of conscience and the right to profess and propagate a religion. However, such an argument does not hold when the Hindu Marriage Act, 1955, explicitly abolished polygamy in the Hindu religion and further, section 17 of the Act made void any marriages if any party had a living spouse, even after the marriage had been solemnised. Freedom guaranteed by the Constitution was to be exercised by individuals, until they encroached upon another's freedom. Moreover, if the act fitted under section 17 of the Hindu Marriage Act, its penalty was prescribed in section 494 and section 495 of the Indian Penal Code, 1860. The court commented on the contention raised in Sarla Mudgal that â€Å"making a Hindu Convert liable for prosecution would be against Islam†. The court found this argument to be ‘ignorant' of the nature of the religion of Islam.COURT'S DECISIONApplying Natural Justice Further, the court posed that conversion for the purpose of bigamy could not be squared with the principles of natural justice and equity. Natural justice constitutes in procedures or principles that are thought to be wrong, inherently. Here, the court agreed with the view of Justice M. C. Chagla in Robasa Khanum v. Khodadad Irani. The judges were of the opinion that if a man converted to Islam, to take in a second wife, during the subsistence of his first marriage, the effect on both wives would be undesirable. Since the law does not recognize the second marriage as valid, the status of the second wife would be that of a concubine and children born out of that marriage would be considered illegitimate. Though the first marriage will still persist legally, there would be practical problems with it. Necessity of the Uniform Civil Code The need for a Uniform Civil Code was not the primary question addressed by the judges in Lily Thomas, but it was referenced by both the judges in their separate judgments. Various cases discussing the notion of a uniform personal law were also mentioned. After a perusal of some judgments, it was commented by Justice Sahai in a separate judgment, that the Uniform Civil Code was highly desirable. However, the ‘social climate' of the society needed to be taken into account. Thus, a comprehensive Uniform Civil Code that takes into account all stakeholders and caters to everyone's interests could only be brought into existence if leaders took the responsibility of bringing about reform by changing the minds of people in their communities. Thus, the matter was assigned to the 18th Law Commission which would examine the feasibility of the Uniform Civil Code, in consonance with the Minorities Commission. The court clarified its stance on Article 44 of the Constitution, affirming that the courts had no jurisdiction whatsoever in giving direction for the implementation of a common Civil Code for personal laws. The Directive Principles of State Policy are not to be enforced by the courts because they do not create rights in favour of any person or persons. They are simply guidelines by the Constitution to the State, which is why they were included in the non-justifiable section by the Sapru Report of 1945. Arguments of the person

Childhood vaccinations Essay Example | Topics and Well Written Essays - 2000 words - 1

Childhood vaccinations - Essay Example Describing her helplessness, another polio sufferer writes, â€Å"I found it very frustrating to have an active mind in a permanently disabled body† (Gillan 1). Many individuals suffer from completely preventable diseases that could have been avoided if they were vaccinated in childhood. The very fact that a disease as preventable as polio was allowed to ruin so many lives makes it unbearable. Despite the awareness on immunizations and vaccinations, the multi-million dollar investments made by governments on vaccinations, the free camps and vaccination drives organized every day, there are many who fail to get their children immunized or are too scared to do so. Failure to get children immunized puts them at risk of innumerable life-threatening or permanently disabling diseases that would otherwise have been completely preventable. It is argued here that children should get immunized and that the recommended dosage of vaccinations is the right of every child, as much as is his right to living. The World Health Organization (WHO) has a Millennium Development Goal 4 for reducing child (under five years of age) mortality by up to two thirds by the year 2015 (â€Å"10 facts on immunization† who.int). According to reports millions of children die every year from diseases that could have been prevented through immunization. Vaccination is also a key strategy for the prevention of emergence of pandemic infections. The WHO reports that vaccination results in the prevention of about 2-3 million deaths all over the world each year (â€Å"10 facts on immunization† who.int). Deaths in all age groups from pertussis, diphtheria, tetanus, measles and polio have been prevented through vaccination, which is â€Å"one of the most successful and cost-effective public health interventions† (â€Å"10 facts on immunization† who.int). However, many individuals fail to get their children immunized,

Questionaire Essay Example | Topics and Well Written Essays - 250 words

Questionaire - Essay Example competitiveness in the market, logistic issues, communication, price fluctuations, and worker strikes as some of the challenges facing the copper industry. The operations that the companies involve in include mining and processing with some companies undertaking trading of the finished products. The respondents are also satisfied with the quality of the final products from copper companies. All the companies record a profit from their operations and elimination of the challenges would enable the copper companies to increase the profits (Jessop, 2002). None of the respondents feels that his company contributes effectively towards the international copper market. Two of the respondents strongly disagree that their companies have an impact on the copper industry. Transportation of the raw material and finished products is beneficial to all the companies. The most influential as voted by more than one respondent are road and sea transport. The least significant mode of transport is air transport with railway transport being crucial to one company. Private copper operates have a small effect on the global copper industry which can not be neglected when evaluating the challenges affecting the copper industry (Jessop,

Case study - Physiological responses in cross-country sprint skiing; a

- Physiological responses in cross-country sprint skiing; a in regulation, control and homeostasis. (1500 words) - Case Study Example One of the changes that promote greater oxygen diffusion is the contraction of the muscles takes a lot of oxygen because the oxygen is needed to replace Adenosine Triphosphate (ATP) that has undergone the process of hydrolysis at the time relaxation of muscles. Therefore, relaxation of muscles is essential because it leads to increase the supply of blood for metabolisms. Another change is the vascular resistance of the skeletal muscles. The resistance of skeletal muscles leads to build up of pressure in the arteries. There is buildup of pressure is due to the narrowing down of the diameter of the arteries, thus leading to increased heartbeat. There are several capillaries around the cardiac muscles; therefore when there is resistance to the flow of the blood, the diffusion distance is also reduced. The reduced distance for the diffusion in turn affects the exchange of gases like oxygen and carbon dioxide. Buffering agents reverse the hydrogen ion that reduces the PH and maintain it b etween 7.38 and 7.42 which is a neutral Potential Hydrogen. There are extracellular buffer agent and the intracellular buffer agents. The extra cellular buffers are like bicarbonates and ammonia while the intracellular buffers are like proteins and phosphates. Moreover, the kidney can also work by eliminating the toxic substances that accumulate in the body tissues but in the case of thorough exercise it may not be efficient. In addition, renal physiology is active in maintaining the level of PH in the body. In a way of responding to the low PH or the acidity, the tube-like cells reabsorb bicarbonate from the fluids that flows in the body tube. The tubular cells are in the linings of tubes like the collecting duct. Again the collecting duct has cells those secrets a lot of hydrogen ions thus manufacturing a lot of bicarbonates, a process known as ammonia genesis. The process leads to the formation of ammonia buffer. The air temperature during the race is 8 C, which

The Battles of Lexington and Concord Essay Example | Topics and Well Written Essays - 750 words

The Battles of Lexington and Concord - Essay Example oiling conflict between the British and the colonists which stemmed from the determination of George III and the British Parliament to make the colonies pay the tea tax and force them to abide by the coercive regulations that followed the Tea Party. General Gage, the military governor of Massachusetts, was ordered to enforce the tax laws. His first move was to send troops, led by Lieutenant Colonel Francis Smith and Major John Pitcairn, to Concord to seize stores of arms from which the rapidly forming companies of militia were being supplied. On the night April 18, the British started from Boston. Three colonists known as the riders became pivotal in the colonists answer to this move. Paul Revere and William Dawes, riding by different routes, warned Hancock and Adams of their arrest and aroused the whole countryside along the fifteen miles to Lexington. The third rider, Dr. Samuel Prescott, got the warning to Concord so that when the British arrived, the colonials were ready and expecting them. By April 19, the colonials were ready and they were led by Captain John Parker. The Triangular town common at Lexington was where the British encountered the colonials. Both of the military leaders have ordered their men not fire unless fired upon. Captain Pitcairn, who was leading the assault, declared: â€Å"Ye villains, ye rebels disperse! Lay down your arms!† (Uschan 2003, p. 28) The heavily outnumbered rebels started to leave when, suddenly, a shot was fired. No one know who fired first but after the shot hundreds the firefight began. There were eight dead rebels in the wake of the British army which started for Concorde. At Concord, the people of the town had been busy hiding the Patriots store of arms and ammunition when the British arrived. They set fire to some wooden houses believed to have housed cannons and firearms. By this time, the countryside was swarming with colonial militia and they were angry. (Cook, Perry and Ward, p. 217) From Concord to back to

How does the plate tectonics theory help explain the existence of Essay

How does the plate tectonics theory help explain the existence of fossilized marine life in rocks atop the Ural Mountains Be sure to include a description of the specific process(es) - Essay Example With time, the fossils collected and accumulated on the sea bed. Geologists describe the area on which the mountains exist to be at the edge of two active tectonic plates: Baltica and Siberia. The tectonic plates are considered to be constructive plates. The two tectonic plates collided and their forces pushed the plates against one another in a constant force. The force was so intense that it pushed the earth’s crust beyond its elastic limit. With time the earth’s crust got compressed as folded upwards resulting to the Ural Mountains. This was a gradual process that lasted for many years. The area that was formerly covered by the Palaeoralic Ocean was now part of the Ural Mountains. It took with it the fossil remains that was on the sea bed. The water that was contained in the ocean was displaced as result of rise in altitude of the area. Considering that the fossils had been in existence for over millions of years and that they were several of kilometers deep, it was impossible for the environmental factors like rain to completely wear out the fossil remains (Wright, 1977). In addition, the weight of the water along with other forces had compacted together the fossils forming semimetal rocks which currently exist on the top of Ural Mountains. This theory unlike other theories is credible and fully arguable especially in its endeavor to explain the existence of sedimentary rocks atop the Ural

Government Intervention Essay Example for Free

Government Intervention Essay The American government is practically in our everyday lives, including our private lives. The government is basically everything we do. It is the way we work, the reason why we look for a career, the way we eat or drink to conclude, the way we live. Sometimes it is a problem for most citizens but some other times, it is the real reason why they live better and maintain everything they have. The government is the people; it is education, entertainment, peace but can be completely different at certain periods of time. As a prevention from too much government intervention, the people of America have a representative dating since 1773,called the Tea Party Movement. This movement wants the government to stick to the real meaning and intent of the United States Constitution, meaning that the government should not use such law as the Elastic clause. The Tea Party Movement would also like to see the government reducing its speding, lower taxes and reducing the national debt and federal budget deficit. This means in one phrase, relief to the people. And yet, doing so would require more government intervention in our lives. The Tea Party is like the real representative of the people, because it would like to see the government accomplishing everything the people request, which is mostly impossible because to maintain the law, the government has to follow the Constitution. Yet again, some of the government’s interventions are necessary for us, like the famous healthcare and health insurances, the social securities, the military and even the food we eat. The Party thinks we should be left alone to use, organize and regulate our businesses, schools and other utilities. Therefore taking care of our own taxes and national debt. The Party thinks that the government goes too far with the taxation, national spending, and maintenance of public facilities. But surprisingly, it doesn’t disagree with the government totally. It is against the Abortion law in most Sates along with the government. It believes that no fetus should be removed prior to labor term and even if there is a situation of rape-pregnancy, it still believes that the victim hould carry the fetus until the end of the term. But for mostly everything else, the Tea Party Movement and the government still disagree with each other. The Tea Party Movement members believe that the government intervenes too much in the people’s business but yet, not intervening would probably hurt them and they would get mad at the government. 1) â€Å"In reading your article about the Tea Party movement, it is difficult to determine where the party stands on issues. Its members seem to want a strong military, but don’t want to finance it; they don’t like social programs like Medicare, but readily accept their Medicare benefits; they don’t like the federal bailout of our financial markets, but would be angry if the government did nothing and their investments and retirements went down the drain; they want strong border controls, but again don’t want to pay for it. Their thinking is chaotic and dangerous because if we do what they want they are going to be unhappy with the consequences. They are a mass of contradictions. Which explains in one simple sentence that, sometimes the Party exaggerates about what they want or not. The government’s intervention, seen from my point of view is highly necessary for us living under its control. And when I say â€Å"necessary†, I mean in some fields. Let’s state for example, sanitation. The citizens themselves can not really maintain a clean city, therefore we would need the government’s assistance but sometimes, the city governments probably think that they have bigger fish to fry instead of cleaning the streets. Lately, we have been seeing the streets so covered with snow, that they become ice right there. Why? Just because our representative decided that there were too many jobs out there so he cut all of these jobs where people would have to clean the streets from the imprisoning snow. This is a fact of minor intervention in a field where it is necessary. The government should be more active in that field because when it does not give the citizens that kind of help which is necessary to them, it mostly turns against them. As a result of the snow accumulation, you will have accidents, lateness, and people will get a bad perspective of the government. A quick and easy solution would only consist of creating fast and easy jobs where you would have people responsible of cleaning the streets from the snow and would also be very useful to their community and state. This field requires government’s intervention but sometimes, the citizens might pass of its need and you can always have the garbage ollectors to do that but it still is not their responsibility. The next field requires more government intervention than that last one except that it is mostly better taken care of. Nowadays, education is very important. And it has very expanded from how it was two decades ago. This is what Milton Friedman has to say about the government’s intervention in this field and its successful results. 2) â€Å"Education is today largely paid for and almost entirely administered by governmental bodies or non-profit institutions. This situation has developed gradually and is now taken so much for granted that little explicit attention is any longer directed to the reasons for the special treatment of education even in countries that are predominantly free enterprise in organization and philosophy. The result has been an indiscriminate extension of governmental responsibility. † These intelligent details about the new education system explains how education is getting easier to access and how the government plays a big role in its development. Education is so important and necessary that it is mostly paid for by the government itself. Which explains that the government’s intervention in this field is both very necessary and satisfied. From kindergarten to senior year in high school, the government pays millions for one’s education and after that, depending on your parents’ financial status, they will help you pay for college or even pay it for you. This is an example of when the government’s intervention is necessary and satisfying. The government’s intervention is enough in this field because it helps people to get an education which is going to be useful to both the country and the individual. By doing so, the American government gets a better perspective from foreigners and from its own citizens. This kind of resource will always be useful to the country. I believe the government should intervene more in the sanitation field, given the fact that the citizens can not accomplish some actions by themselves. I believe the government should have more workers in the sanitation field because it is necessary to have people cleaning the streets. By doing so, it would be a great advantage for both the state government and its citizens. Reducing by doing so, the multiple incidents and disagreements that would have happen if there were nobody to clean the streets and make it easier for people to circulate in the city. That would give more people an opportunity to pay their bills, put bread on their table, and stay out of trouble also. I think that the government’s intervention in the education field is great, not too much not too less. I am grateful to the fact that the government has to pay for my education given the fact that I would not be capable to pay for it myself. The government pays for education, feed the students and even give them a warm place to be in all day. I personally do not see what else the government could do for its students while giving them this great opportunity of learning something that can be useful for them later in life and giving them a way to put money in their pocket. The government intervention is great in this field and I think it should maintain the status quo until they find a better way to improve the way they educate and instruct the American population, which is by the way very weak compared to some poor countries.